[[pp. 5151-5193]] Control of Air Pollution from New Motor Vehicles: Heavy-Duty
[Federal Register: January 18, 2001 (Volume 66, Number 12)]
[Rules and Regulations]
[Page 5151-5193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja01-19]
[[pp. 5151-5193]] Control of Air Pollution from New Motor Vehicles: Heavy-Duty
Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control
Requirements
[[Continued from page 5150]]
[[Page 5151]]
this section and the requirements of this section.
(g) Notification of Completion. The party shall notify EPA in
writing within thirty (30) days of completion of the R&D program.
Sec. 80.601 What requirements apply to motor vehicle diesel fuel for
use in the Territories?
The sulfur standards of Sec. 80.520(a)(1) and (c) do not apply to
diesel fuel that is produced, imported, sold, offered for sale,
supplied, offered for supply, stored, dispensed, or transported for use
in the Territories of Guam, American Samoa or the Commonwealth of the
Northern Mariana Islands provided that such diesel fuel is:
(a) Designated by the refiner or importer as high sulfur diesel
fuel only for use in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands;
(b) Used only in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands;
(c) Accompanied by documentation that complies with the product
transfer document requirements of Sec. 80.590(e)(3); and
(d) Segregated from non-exempt motor vehicle diesel fuel at all
points in the distribution system from the point the diesel fuel is
designated as exempt fuel only for use in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands, while the exempt fuel is
in the United States but outside these Territories.
Sec. 80.602 What exemption applies to diesel fuel used in vehicles
having a national security exemption from motor vehicle emissions
standards?
The motor vehicle diesel fuel standards of Sec. 80.520(a)(1),
(a)(2), and (c) do not apply to diesel fuel that is produced, imported,
sold, offered for sale, supplied, offered for supply, stored,
dispensed, or transported for use in:
(a) Vehicles for which EPA has granted a national security
exemption under 40 CFR 85.1708 from motor vehicle emissions standards
under 40 CFR Part 86; or
(b) Tactical military motor vehicles that are not subject to a
national security exemption from motor vehicle emissions standards but
for national security purposes (for purposes of readiness for
deployment oversees) need to be fueled on the same fuel as motor
vehicles for which EPA has granted a national security exemption,
provided that such fuel is:
(1) Used only in vehicles identified in paragraph (a) of this
section or this paragraph (b);
(2) Accompanied by product transfer documents as required under
Sec. 80.590;
(3) Segregated from non-exempt motor vehicle diesel fuel at all
points in the distribution system; and
(4) Dispensed from a fuel pump stand, fueling truck or tank that is
labeled under the provisions of Sec. 80.570(c). Any such fuel pump
stand, fueling truck or tank may also be labeled with the appropriate
designation of the fuel, such as ``JP-8''.
Sec. 80.603-80.609 [Reserved]
Violation Provisions
Sec. 80.610 What acts are prohibited under the diesel fuel sulfur
program?
No person shall:
(a) Standard or dye violation. Produce, import, sell, offer for
sale, dispense, supply, offer for supply, store or transport motor
vehicle diesel fuel that does not comply with the applicable standards
and dye requirements under Sec. 80.520.
(b) Additive violation. (1) Produce, import, sell, offer for sale,
dispense, supply, offer for supply, store or transport any motor
vehicle diesel fuel additive for use at a downstream location that does
not comply with the requirements under Sec. 80.521(a) or (b), as
applicable.
(2) Blend or permit the blending into motor vehicle diesel fuel at
a downstream location, or use, or permit the use, as motor vehicle
diesel fuel, of any additive which does not comply with the
requirements of Sec. 80.521(a) or (b), as applicable.
(c) Used motor oil violation. Introduce into the fuel system of
model year 2007 or later diesel motor vehicles, or permit the
introduction into the fuel system of such vehicles of used motor oil,
or used motor oil blended with diesel fuel, which does not comply with
the requirements of Sec. 80.522.
(d) Improper fuel usage violation. (1) Introduce, or permit the
introduction of, diesel fuel into model year 2007 or later diesel motor
vehicles, and beginning December 1, 2010 into any diesel motor vehicle,
which does not comply with the standards and dye requirements of
Sec. 80.520(a) and (b).
(2) Produce, import, sell, offer for sale, dispense, offer for
supply, store, or transport for use in model year 2007 or later diesel
motor vehicles, or introduce or permit the introduction into such motor
vehicles, motor vehicle diesel fuel that is identified as other than
diesel fuel complying with the 15 ppm sulfur standard; and beginning
December 1, 2010, diesel fuel for use in or introduced into any diesel
motor vehicle.
(e) Cause another party to violate. Cause another person to commit
an act in violation of paragraphs (a) through (d) of this section.
(f) Cause violating fuel or additive to be in the distribution
system. Cause motor vehicle diesel fuel to be in the motor vehicle
diesel fuel distribution system which does not comply with the
applicable standard and dye requirements of Sec. 80.520(a) and (b), or
cause any motor vehicle diesel fuel additive to be in the motor vehicle
diesel fuel additive distribution system which does not comply with the
applicable sulfur, cetane, and/or aromatics standards of Sec. 80.521.
Sec. 80.611 What evidence may be used to determine compliance with the
prohibitions and requirements of this subpart and liability for
violations of this subpart?
(a) Compliance with sulfur, cetane, and aromatics standards.
Compliance with the standards in Secs. 80.520, 80.521, and 80.522 shall
be determined based on the level of the applicable component or
parameter, using the sampling methodologies specified in
Sec. 80.330(b), as applicable, and the appropriate testing
methodologies specified in Sec. 80.580(a)(2) for sulfur, or one of the
alternative methodologies for sulfur as approved under
Sec. 80.580(a)(3); Sec. 80.2(w) for cetane index; and Sec. 80.2(z) for
aromatic content. Any evidence or information, including the exclusive
use of such evidence or information, may be used to establish the level
of the applicable component or parameter in the diesel fuel or
additive, or motor oil to be used in diesel fuel, if the evidence or
information is relevant to whether that level would have been in
compliance with the standard if the regulatory sampling and testing
methodology had been correctly performed. Such evidence may be obtained
from any source or location and may include, but is not limited to,
test results using methods other than the compliance methods in this
paragraph (a), business records, and commercial documents.
(b) Compliance with other requirements. Determination of compliance
with the requirements of this subpart other than the standards
described in paragraph (a) of this section and in Secs. 80.520, 80.521,
and 80.522, and determination of liability for any violation of this
subpart, may be based on information obtained from any source or
location. Such information may include, but is not limited to, business
records and commercial documents.
[[Page 5152]]
Sec. 80.612 Who is liable for violations of this subpart?
(a) Persons liable for violations of prohibited acts.--(1)
Standard, dye, additives, motor oil, and introduction violations. (i)
Any refiner, importer, distributor, reseller, carrier, retailer, or
wholesale purchaser-consumer who owned, leased, operated, controlled or
supervised a facility where a violation of Sec. 80.610(a) through (d)
occurred, or any other person who violates Sec. 80.610(a) through (d),
is deemed liable for the applicable violation.
(ii) Any person who causes another person to violate Sec. 80.610(a)
through (d) is liable for a violation of Sec. 80.610(e).
(iii) Any refiner, importer, distributor, reseller, carrier,
retailer, or wholesale purchaser-consumer who produced, imported, sold,
offered for sale, dispensed, supplied, offered to supply, stored,
transported, or caused the transportation or storage of, motor vehicle
diesel fuel that violates Sec. 80.610(a), is deemed in violation of
Sec. 80.610(e).
(iv) Any person who produced, imported, sold, offered for sale,
dispensed, supplied, offered to supply, stored, transported, or caused
the transportation or storage of a motor vehicle diesel fuel additive
which is used in motor vehicle diesel fuel that is found to violate
Sec. 80.610(a), is deemed in violation of Sec. 80.610(e).
(2) Cause violating motor vehicle diesel fuel or additive to be in
the distribution system. Any refiner, importer, distributor, reseller,
carrier, retailer, or wholesale purchaser-consumer or any other person
who owned, leased, operated, controlled or supervised a facility from
which motor vehicle diesel fuel or additive was released into the motor
vehicle diesel fuel or additive distribution system which does not
comply with the applicable standards or dye requirements of Sec. 80.520
or Sec. 80.521, is deemed in violation of Sec. 80.610(f).
(3) Branded refiner/importer liability. Any refiner or importer
whose corporate, trade, or brand name, or whose marketing subsidiary's
corporate, trade, or brand name appeared at a facility where a
violation of Sec. 80.610(a) occurred, is deemed in violation of
Sec. 80.610(a).
(4) Carrier causation. In order for a motor vehicle diesel fuel or
motor vehicle diesel fuel additive carrier to be liable under paragraph
(a)(1)(ii), (iii) or (iv) of this section, as applicable, EPA must
demonstrate, by reasonably specific showing by direct or circumstantial
evidence, that the carrier caused the violation.
(5) Parent corporation. Any parent corporation is liable for any
violations of this subpart that are committed by any subsidiary.
(6) Joint venture. Each partner to a joint venture is jointly and
severally liable for any violation of this subpart that occurs at the
joint venture facility or is committed by the joint venture operation.
(b) Persons liable for failure to comply with other provisions
ofthis subpart. Any person who:
(1) Fails to comply with the requirements of a provision of this
subpart not addressed in paragraph (a) of this section is liable for a
violation of that provision; or
(2) Causes another person to fail to comply with the requirements
of a provision of this subpart not addressed in paragraph (a) of this
section, is liable for causing a violation of that provision.
Sec. 80.613 What defenses apply to persons deemed liable for a
violation of a prohibited act?
(a) Presumptive liability defenses. (1) Any person deemed liable
for a violation of a prohibition under Sec. 80.612(a)(1)(i) or (iii),
(a)(2), or (a)(3), will not be deemed in violation if the person
demonstrates:
(i) The violation was not caused by the person or the person's
employee or agent;
(ii) Product transfer documents account for fuel or additive found
to be in violation and indicate that the violating product was in
compliance with the applicable requirements when it was under the
party's control;
(iii) The person conducted a quality assurance sampling and testing
program, as described in paragraph (d) of this section, except for
those parties subject to the provisions of paragraph (a)(1)(iv) or (v)
of this section. A carrier may rely on the quality assurance program
carried out by another party, including the party who owns the diesel
fuel in question, provided that the quality assurance program is
carried out properly. Retailers, wholesale purchaser-consumers, and
ultimate consumers of diesel fuel are not required to conduct quality
assurance programs;
(iv) For refiners and importers of motor vehicle diesel fuel
subject to the 15 ppm standard under Sec. 80.520(a)(1), test results
which:
(A) Were conducted according to the test methodology required under
Sec. 80.580 (a)(2) or an approved alternative test method under
Sec. 80.580(a)(3); and
(B) Establish that, when it left the party's control, the sulfur
content of motor vehicle diesel fuel subject to the 15 ppm standard did
not exceed 15 ppm; and
(v) For any person who, at a downstream location, blends a diesel
fuel additive subject to the requirements of Sec. 80.521(b) into motor
vehicle diesel fuel subject to the sulfur standard under
Sec. 80.520(a)(1), except a blender who blends additives into fuel
trucks at a truck loading rack subject to the provisions of (d)(1) of
this section, test results which are conducted subsequent to the
blending of the additive into the fuel, and which comply with the
requirements of paragraphs (a)(4)(iv)(A) and (B) of this section.
(2) Any party deemed liable for a violation under
Sec. 80.612(a)(1)(iv), in regard to a diesel fuel additive subject to
the requirements of Sec. 80.521(a), will not be deemed in violation if
the person demonstrates that:
(i) Product transfer document(s) account for the additive in the
fuel found to be in violation, which comply with the requirements under
Sec. 80.591(a), and indicate that the additive was in compliance with
the applicable requirements while it was under the party's control; and
(ii) For the additive's manufacturer or importer, test results
which accurately establish that, when it left the party's control, the
additive in the diesel fuel determined to be in violation did not have
a sulfur content in excess of 15 ppm.
(A) Analysis of the additive sulfur content pursuant to this
paragraph (a)(2) may be conducted at the time the batch was
manufactured or imported, or on a sample of that batch which the
manufacturer or importer retains for such purpose for a minimum of two
years from the date the batch was manufactured or imported.
(B) After two years from the date the additive batch was
manufactured or imported, the additive manufacturer or importer is no
longer required to retain samples for the purpose of complying with the
testing requirements of this paragraph (a)(2) of this section.
(C) The analysis of the sulfur content of the additive must be
conducted pursuant to the requirements of Sec. 80.580(a).
(3) Any person who is deemed liable for a violation under
Sec. 80.612 (a)(1)(iv) with regard to a diesel fuel additive subject to
the requirements of Sec. 80.521(b), will not be deemed in violation if
the person demonstrates that:
(i) The violation was not caused by the party or the party's
employee or agent;
[[Page 5153]]
(ii) Product transfer document(s) which comply with the additive
information requirements under Sec. 80.591 (b), account for the
additive in the fuel found to be in violation, and indicate that the
additive was in compliance with the applicable requirements while it
was under the party's control; and
(iii) For the additive's manufacturer or importer, test results
which accurately establish that, when it left the party's control, the
additive in the diesel fuel determined to be in violation was in
conformity with the information on the additive product transfer
document pursuant to the requirements of Sec. 80.591(b). The testing
procedures applicable under paragraph (a)(2) of this section, also
apply under this paragraph (a)(3).
(b) Branded refiner defenses. In the case of a violation found at a
facility operating under the corporate, trade or brand name of a
refiner or importer, or a refiner's or importer's marketing subsidiary,
the refiner or importer must show, in addition to the defense elements
required under paragraph (a)(1) of this section, that the violation was
caused by:
(1) An act in violation of law (other than the Clean Air Act or
this Part 80), or an act of sabotage or vandalism;
(2) The action of any refiner, importer, retailer, distributor,
reseller, oxygenate blender, carrier, retailer or wholesale purchaser-
consumer in violation of a contractual agreement between the branded
refiner or importer and the person designed to prevent such action, and
despite periodic sampling and testing by the branded refiner or
importer to ensure compliance with such contractual obligation; or
(3) The action of any carrier or other distributor not subject to a
contract with the refiner or importer, but engaged for transportation
of diesel fuel, despite specifications or inspections of procedures and
equipment which are reasonably calculated to prevent such action.
(c) Causation demonstration. Under paragraph (a)(1) of this section
for any person to show that a violation was not caused by that person,
or under paragraph (b) of this section to show that a violation was
caused by any of the specified actions, the person must demonstrate by
reasonably specific showing, by direct or circumstantial evidence, that
the violation was caused or must have been caused by another person and
that the person asserting the defense did not contribute to that other
person's causation.
(d) Quality assurance and testing program. To demonstrate an
acceptable quality assurance program under paragraph (a)(1)(iii) of
this section, a person must present evidence of the following:
(1) A periodic sampling and testing program to ensure the motor
vehicle diesel fuel or additive the person sold, dispensed, supplied,
stored, or transported, meets the applicable standards.
(2) For those parties who, at a downstream location, blend diesel
fuel additives subject to the requirements of Sec. 80.521(b) into fuel
trucks at a truck loading rack, the periodic sampling and testing
program required under this paragraph (d) must ensure, by taking into
account the greater risk of noncompliance created through use of a high
sulfur additive, that the diesel fuel into which the additive was
blended meets the applicable standards subsequent to the blending.
(3) On each occasion when motor vehicle diesel fuel or additive is
found not in compliance with the applicable standard:
(i) The person immediately ceases selling, offering for sale,
dispensing, supplying, offering for supply, storing or transporting the
non-complying product; and
(ii) The person promptly remedies the violation and the factors
that caused the violation (for example, by removing the non-complying
product from the distribution system until the applicable standard is
achieved and taking steps to prevent future violations of a similar
nature from occurring).
(4) For any carrier who transports motor vehicle diesel fuel or
additive in a tank truck, the quality assurance program required under
this paragraph (d) need not include its own periodic sampling and
testing of the motor vehicle diesel fuel or additive in the tank truck,
but in lieu of such tank truck sampling and testing, the carrier shall
demonstrate evidence of an oversight program for monitoring compliance
with the requirements of this subpart relating to the transport or
storage of such product by tank truck, such as appropriate guidance to
drivers regarding compliance with the applicable sulfur standard and
product transfer document requirements, and the periodic review of
records received in the ordinary course of business concerning motor
vehicle diesel fuel or additive quality and delivery.
Sec. 80.614 What penalties apply under this subpart?
(a) Any person liable for a violation under Sec. 80.612 is subject
to civil penalties as specified in section 205 of the Clean Air Act for
every day of each such violation and the amount of economic benefit or
savings resulting from each violation.
(b)(1) Any person liable under Sec. 80.612(a)(1) for a violation of
an applicable standard or requirement under Sec. 80.520, or of causing
another party to violate such standard or requirement, is subject to a
separate day of violation for each and every day the non-complying
motor vehicle diesel fuel remains any place in the distribution system.
(2) Any person liable under Sec. 80.612(a)(2) for causing motor
vehicle diesel fuel to be in the distribution system which does not
comply with an applicable standard or requirement of Sec. 80.520, is
subject to a separate day of violation for each and every day that the
non-complying motor vehicle diesel fuel remains any place in the motor
vehicle diesel fuel distribution system.
(3) Any person liable under Sec. 80.612(a)(1) for blending into
motor vehicle diesel fuel an additive violating the applicable sulfur
standard pursuant to the requirements of Sec. 80.521(a) or (b), as
appropriate, or of causing another party to so blend or add such an
additive, is subject to a separate day of violation for each and every
day the motor vehicle diesel fuel into which the noncomplying additive
was blended, remains any place in the fuel distribution system.
(4) For purposes of this paragraph (b), the length of time the
motor vehicle diesel fuel in question remained in the motor vehicle
diesel fuel distribution system is deemed to be twenty-five days,
unless a person subject to liability or EPA demonstrates by reasonably
specific showings, by direct or circumstantial evidence, that the non-
complying motor vehicle diesel fuel remained in the distribution system
for fewer than or more than twenty-five days.
(c) Any person liable under Sec. 80.612(b) for failure to meet, or
causing a failure to meet, a provision of this subpart is liable for a
separate day of violation for each and every day such provision remains
unfulfilled.
Secs. 80.615-80.619 [Reserved]
Provisions for Foreign Refiners and Importers for Motor Vehicle
Diesel Fuel Subject to a Temporary Compliance Option or Hardship
Provision
Sec. 80.620 What are the additional requirements for motor vehicle
diesel fuel produced by foreign refineries subject to a temporary
refiner compliance option or hardship provisions?
(a) Definitions. (1) A foreign refinery is a refinery that is
located outside the
[[Page 5154]]
United States, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands (collectively referred to in this section as ``the United
States'').
(2) A foreign refiner is a person who meets the definition of
refiner under Sec. 80.2(i) for a foreign refinery.
(3) A diesel fuel program foreign refiner (``DFR'') is a foreign
refiner that has been approved by EPA for participation in any motor
vehicle diesel fuel credits program, motor vehicle diesel fuel
temporary compliance option, hardship or GPA provisions of Secs. 80.530
through 80.532, Sec. 80.540, Sec. 80.552, Sec. 80.553, Sec. 80.560 or
Sec. 80.561 (collectively referred to as ``diesel foreign refiner
program'').
(4) ``DFR-Diesel'' means motor vehicle diesel fuel produced at a
DFR refinery that is imported into the United States.
(5) ``Non-DFR-Diesel'' means motor vehicle diesel fuel that is
produced at a foreign refinery that has not been approved as a DFR
foreign refiner, motor vehicle diesel fuel produced at a DFR foreign
refinery that is not imported into the United States, and motor vehicle
diesel fuel produced at a DFR foreign refinery during a period when the
foreign refiner has opted to not participate in the DFR-Diesel diesel
foreign refiner program under paragraph (c)(3) of this section.
(6) ``Certified DFR-Diesel'' means DFR-Diesel the foreign refiner
intends to include in the foreign refinery's compliance calculations
under Secs. 80.530 through 80.532, Sec. 80.540, Sec. 80.552,
Sec. 80.553, Sec. 80.560 or Sec. 80.561 and does include in these
compliance calculations when reported to EPA.
(7) ``Non-Certified DFR-Diesel'' means DFR-Diesel fuel that a DFR
foreign refiner imports to the United States that is not Certified DFR-
Diesel.
(b) Baseline. For any foreign refiner to obtain approval under the
diesel foreign refiner program of this subpart for any refinery, it
must apply for approval under the applicable provisions of this
subpart. To obtain approval the refiner is required, as applicable, to
demonstrate a volume baseline for calendar years 1998 and 1999 for
motor vehicle diesel fuel produced for use in the United States under
Secs. 80.595 and 80.596.
(1) The refiner shall follow the procedures, applicable to volume
baselines and using motor vehicle diesel fuel instead of gasoline, in
Secs. 80.91 through 80.93 to establish the volume of motor vehicle
diesel fuel that was produced at the refinery and imported into the
United States during 1998 and 1999 for purposes of establishing a
baseline under Secs. 80.595 and 80.596.
(2) In making determinations for foreign refinery baselines EPA
will consider all information supplied by a foreign refiner, and in
addition may rely on any and all appropriate assumptions necessary to
make such determinations.
(3) Where a foreign refiner submits a petition that is incomplete
or inadequate to establish an accurate baseline, and the refiner fails
to correct this deficiency after a request for more information, EPA
will not assign an individual refinery motor vehicle diesel fuel volume
baseline.
(c) General requirements for DFR foreign refiners. A foreign
refiner of a refinery that is approved under the diesel foreign refiner
program of this subpart must designate each batch of motor vehicle
diesel fuel produced at the foreign refinery that is exported to the
United States as either Certified DFR-Diesel or as Non-Certified DFR-
Diesel, except as provided in paragraph (c)(3) of this section. It must
further designate all Certified DFR-Diesel as complying with either the
15 ppm sulfur standard under Sec. 80.520(a)(1) or the 500 ppm sulfur
standard under Sec. 80.520(c).
(1) In the case of Certified DFR-Diesel, the foreign refiner must
meet all requirements that apply to refiners under this subpart, except
that:
(i) For purposes of complying with the compliance option
requirements of Sec. 80.530, motor vehicle diesel fuel produced by a
foreign refinery must comply separately for each Credit Trading Area of
import, as defined in Sec. 80.531(a)(5).
(ii) For purposes of complying with the compliance option
requirements of Sec. 80.530, credits obtained from any other refinery
or from any importer must have been generated in the same Credit
Trading Area as the Credit Trading Area of import of the fuel for which
credits are needed to achieve compliance.
(iii) For purposes of generating credits under this subpart,
credits shall be generated separately by Credit Trading Area of import
and shall be designated by Credit Trading Area of importation and by
port of importation.
(2) In the case of Non-Certified DFR-Diesel, the foreign refiner
shall meet all the following requirements:
(i) The designation requirements in this section.
(ii) The reporting requirements in this section and Sec. 80.593.
(iii) The product transfer document requirements in this section.
(iv) The prohibitions in this section and Sec. 80.610.
(3)(i) Any foreign refiner that has been approved to produce motor
vehicle diesel fuel subject to the diesel foreign refiner program for a
foreign refinery under this subpart may elect to classify no diesel
fuel imported into the United States as DFR-Diesel provided the foreign
refiner notifies EPA of the election no later than November 1 of the
prior calendar year.
(ii) An election under paragraph (c)(3)(i) of this section shall be
for an entire calendar year and apply to all motor vehicle diesel fuel
that is produced by the foreign refinery that is imported into the
United States, and shall remain in effect for each succeeding year
unless and until the foreign refiner notifies EPA of the termination of
the election. The change in election shall take effect at the beginning
of the next calendar year.
(d) Designation, product transfer documents, and foreign refiner
certification. (1) Any foreign refiner of a foreign refinery that has
been approved by EPA to produce motor vehicle diesel fuel subject to
the diesel foreign refiner program must designate each batch of DFR-
Diesel as such at the time the diesel fuel is produced, unless the
refiner has elected to classify no diesel fuel exported to the United
States as DFR-Diesel under paragraph (c)(3) of this section.
(2) On each occasion when any person transfers custody or title to
any DFR-Diesel prior to its being imported into the United States, it
must include the following information as part of the product transfer
document information in this section:
(i) Identification of the diesel fuel as Certified DFR-Diesel or as
Non-Certified DFR-Diesel, and if it is Certified DFR-Diesel, further
designation as meeting the 500 ppm sulfur standard under Sec. 80.520(c)
or the 15 ppm sulfur standard under Sec. 80.520(a)(1) pursuant to
Sec. 80.523; and
(ii) The name and EPA refinery registration number (under
Sec. 80.593) of the refinery where the DFR-Diesel was produced.
(3) On each occasion when DFR-Diesel is loaded onto a vessel or
other transportation mode for transport to the United States, the
foreign refiner shall prepare a certification for each batch of the
DFR-Diesel that meets the following requirements.
(i) The certification shall include the report of the independent
third party under paragraph (f) of this section, and the following
additional information:
(A) The name and EPA registration number of the refinery that
produced the DFR-Diesel;
[[Page 5155]]
(B) The identification of the diesel fuel as Certified DFR-Diesel
or Non-Certified DFR-Diesel;
(C) The volume of DFR-Diesel being transported, in gallons;
(D) In the case of Certified DFR-Diesel:
(1) The sulfur content as determined under paragraph (f) of this
section, and the designation of the fuel as complying with the 15 ppm
sulfur content standard for motor vehicle diesel fuel under
Sec. 80.520(a)(1) or the 500 ppm sulfur content standard for motor
vehicle diesel fuel under Sec. 80.520(c); and
(2) A declaration that the DFR-Diesel is being included in the
applicable compliance calculations required by the EPA under this
subpart.
(ii) The certification shall be made part of the product transfer
documents for the DFR-Diesel.
(e) Transfers of DFR-Diesel to non-United States markets. The
foreign refiner is responsible to ensure that all diesel fuel
classified as DFR-Diesel is imported into the United States. A foreign
refiner may remove the DFR-Diesel classification, and the diesel fuel
need not be imported into the United States, but only if:
(1)(i) The foreign refiner excludes:
(A) The volume of diesel from the refinery's compliance report
under Sec. 80.593; and
(B) In the case of Certified DFR-Diesel, the volume of the diesel
fuel from the compliance report under Sec. 80.593.
(ii) The exclusions under paragraph (e)(1)(i) of this section shall
be on the basis of the designations under Sec. 80.523 and volumes
determined under paragraph (f) of this section.
(2) The foreign refiner obtains sufficient evidence in the form of
documentation that the diesel fuel was not imported into the United
States.
(f) Load port independent sampling, testing and refinery
identification. (1) On each occasion that DFR-Diesel is loaded onto a
vessel for transport to the United States a foreign refiner shall have
an independent third party:
(i) Inspect the vessel prior to loading and determine the volume of
any tank bottoms;
(ii) Determine the volume of DFR-Diesel loaded onto the vessel
(exclusive of any tank bottoms before loading);
(iii) Obtain the EPA-assigned registration number of the foreign
refinery;
(iv) Determine the name and country of registration of the vessel
used to transport the DFR-Diesel to the United States; and
(v) Determine the date and time the vessel departs the port serving
the foreign refinery.
(2) On each occasion that Certified DFR-Diesel is loaded onto a
vessel for transport to the United States a foreign refiner shall have
an independent third party:
(i) Collect a representative sample of the Certified DFR-Diesel
from each vessel compartment subsequent to loading on the vessel and
prior to departure of the vessel from the port serving the foreign
refinery;
(ii) Determine the sulfur content value for each compartment using
the methodology specified in Sec. 80.580 by:
(A) The third party analyzing each sample; or
(B) The third party observing the foreign refiner analyze the
sample;
(iii) Review original documents that reflect movement and storage
of the certified DFR-Diesel from the refinery to the load port, and
from this review determine:
(A) The refinery at which the DFR-Diesel was produced; and
(B) That the DFR-Diesel remained segregated from:
(1) Non-DFR-Diesel and Non-Certified DFR-Diesel; and
(2) Other Certified DFR-Diesel produced at a different refinery.
(3) The independent third party shall submit a report:
(i) To the foreign refiner containing the information required
under paragraphs (f)(1) and (f)(2) of this section, to accompany the
product transfer documents for the vessel; and
(ii) To the Administrator containing the information required under
paragraphs (f)(1) and (f)(2) of this section, within thirty days
following the date of the independent third party's inspection. This
report shall include a description of the method used to determine the
identity of the refinery at which the diesel fuel was produced,
assurance that the diesel fuel remained segregated as specified in
paragraph (n)(1) of this section, and a description of the diesel
fuel's movement and storage between production at the source refinery
and vessel loading.
(4) The independent third party must:
(i) Be approved in advance by EPA, based on a demonstration of
ability to perform the procedures required in this paragraph (f);
(ii) Be independent under the criteria specified in
Sec. 80.65(e)(2)(iii); and
(iii) Sign a commitment that contains the provisions specified in
paragraph (i) of this section with regard to activities, facilities and
documents relevant to compliance with the requirements of this
paragraph (f).
(g) Comparison of load port and port of entry testing. (1) Load
port and port of entry testing requirements, as follows:
(i) Any foreign refiner and any United States importer of Certified
DFR-Diesel shall compare the results from the load port testing under
paragraph (f) of this section, with the port of entry testing as
reported under paragraph (o) of this section, for the volume of diesel
and the sulfur value; except that
(ii) Where a vessel transporting Certified DFR-Diesel off loads
this diesel fuel at more than one United States port of entry, and the
conditions of paragraph (g)(2)(i) of this section are met at the first
United States port of entry, the requirements of paragraph (g)(2) of
this section do not apply at subsequent ports of entry if the United
States importer obtains a certification from the vessel owner that
meets the requirements of paragraph(s) of this section, that the vessel
has not loaded any diesel fuel or blendstock between the first United
States port of entry and the subsequent port of entry.
(2)(i) The requirements of this paragraph (g)(2) apply if:
(A) The temperature-corrected volumes determined at the port of
entry and at the load port differ by more than one percent; or
(B) The sulfur value determined at the port of entry is higher than
the sulfur value determined at the load port, and the amount of this
difference is greater than the reproducibility amount specified for the
port of entry test result by the American Society of Testing and
Materials (ASTM).
(ii) The United States importer and the foreign refiner shall treat
the diesel fuel as Non-Certified DFR-Diesel, and the foreign refiner
shall exclude the diesel fuel volume from its motor vehicle diesel fuel
volumes calculations and sulfur standard designations under
Sec. 80.523.
(h) Attest requirements. Refiners, for each calendar year, must
arrange to have an attest engagement performed of the underlying
documentation that forms the basis of any report required under this
subpart. The attest engagement must comply with the procedures and
requirements that apply to refiners under Secs. 80.125 through 80.130
and must be submitted to the Administrator of EPA by May 30 of each
year for the prior calendar year. The following additional procedures
shall be carried out for any foreign refiner of DFR-Diesel:
(1) The inventory reconciliation analysis under Sec. 80.128(b) and
the tender analysis under Sec. 80.128(c) shall include Non-DFR-Diesel.
(2) Obtain separate listings of all tenders of Certified DFR-Diesel
and of Non-Certified DFR-Diesel, and obtain separate listings of
Certified DFR-Diesel
[[Page 5156]]
based on whether it is 15 ppm sulfur content motor vehicle diesel fuel
or 500 ppm sulfur content motor vehicle diesel fuel. Agree the total
volume of tenders from the listings to the diesel fuel inventory
reconciliation analysis in Sec. 80.128(b), and to the volumes
determined by the third party under paragraph (f)(1) of this section.
(3) For each tender under paragraph (h)(2) of this section, where
the diesel fuel is loaded onto a marine vessel, report as a finding the
name and country of registration of each vessel, and the volumes of
DFR-Diesel loaded onto each vessel.
(4) Select a sample from the list of vessels identified in
paragraph (h)(3) of this section used to transport Certified DFR-
Diesel, in accordance with the guidelines in Sec. 80.127, and for each
vessel selected perform the following:
(i) Obtain the report of the independent third party, under
paragraph (f) of this section, and of the United States importer under
paragraph (o) of this section.
(A) Agree the information in these reports with regard to vessel
identification, diesel fuel volumes and sulfur content test results.
(B) Identify, and report as a finding, each occasion the load port
and port of entry sulfur content and volume results differ by more than
the amounts allowed in paragraph (g) of this section, and determine
whether the foreign refiner adjusted its refinery calculations as
required in paragraph (g) of this section.
(ii) Obtain the documents used by the independent third party to
determine transportation and storage of the Certified DFR-Diesel from
the refinery to the load port, under paragraph (f) of this section.
Obtain tank activity records for any storage tank where the Certified
DFR-Diesel is stored, and pipeline activity records for any pipeline
used to transport the Certified DFR-Diesel, prior to being loaded onto
the vessel. Use these records to determine whether the Certified DFR-
Diesel was produced at the refinery that is the subject of the attest
engagement, and whether the Certified DFR-Diesel was mixed with any
Non-Certified DFR-Diesel, Non-DFR-Diesel, or any Certified DFR-Diesel
produced at a different refinery.
(5) Select a sample from the list of vessels identified in
paragraph (h)(3) of this section used to transport certified and Non-
Certified DFR-Diesel, in accordance with the guidelines in Sec. 80.127,
and for each vessel selected perform the following:
(i) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel.
(ii) Agree the vessel's departure and arrival locations and dates
from the independent third party and United States importer reports to
the information contained in the commercial document.
(6) Obtain separate listings of all tenders of Non-DFR-Diesel, and
perform the following:
(i) Agree the total volume and sulfur content of tenders from the
listings to the diesel fuel inventory reconciliation analysis in
Sec. 80.128(b).
(ii) Obtain a separate listing of the tenders under this paragraph
(h)(6) where the diesel fuel is loaded onto a marine vessel. Select a
sample from this listing in accordance with the guidelines in
Sec. 80.127, and obtain a commercial document of general circulation
that lists vessel arrivals and departures, and that includes the port
and date of departure and the ports and dates where the diesel fuel was
off loaded for the selected vessels. Determine and report as a finding
the country where the diesel fuel was off loaded for each vessel
selected.
(7) In order to complete the requirements of this paragraph (h) an
auditor shall:
(i) Be independent of the foreign refiner;
(ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in Secs. 80.125 through 80.130 and this paragraph (h); and
(iii) Sign a commitment that contains the provisions specified in
paragraph (i) of this section with regard to activities and documents
relevant to compliance with the requirements of Secs. 80.125 through
80.130 and this paragraph (h).
(i) Foreign refiner commitments. Any foreign refiner shall commit
to and comply with the provisions contained in this paragraph (i) as a
condition to being approved for a temporary refiner diesel fuel program
option.
(1) Any United States Environmental Protection Agency inspector or
auditor must be given full, complete and immediate access to conduct
inspections and audits of the foreign refinery.
(i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
(ii) Access will be provided to any location where:
(A) Diesel fuel is produced;
(B) Documents related to refinery operations are kept;
(C) Diesel fuel or blendstock samples are tested or stored; and
(D) DFR-Diesel is stored or transported between the foreign
refinery and the United States, including storage tanks, vessels and
pipelines.
(iii) Inspections and audits may be by EPA employees or contractors
to EPA.
(iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
(v) Inspections and audits by EPA may include review and copying of
any documents related to:
(A) Refinery baseline establishment, if applicable, including the
volume and sulfur content; transfers of title or custody of any diesel
fuel or blendstocks whether DFR-Diesel or Non-DFR-Diesel, produced at
the foreign refinery during the period January 1, 1998 through the date
of the refinery baseline petition or through the date of the inspection
or audit if a baseline petition has not been approved, and any work
papers related to refinery baseline establishment;
(B) The volume and sulfur content of DFR-Diesel;
(C) The proper classification of diesel fuel as being DFR-Diesel or
as not being DFR-Diesel, or as Certified DFR-Diesel or as Non-Certified
DFR-Diesel, or as meeting the 15 ppm sulfur standard under
Sec. 80.520(a)(1) or the 500 ppm sulfur standard under Sec. 80.520(c);
(D) Transfers of title or custody to DFR-Diesel;
(E) Sampling and testing of DFR-Diesel;
(F) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
section, including work papers; and
(G) Reports prepared for submission to EPA, and any work papers
related to such reports.
(vi) Inspections and audits by EPA may include taking samples of
diesel fuel, diesel fuel additives or blendstock, and interviewing
employees.
(vii) Any employee of the foreign refiner must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
(viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 working
days.
(ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
(2) An agent for service of process located in the District of
Columbia shall
[[Page 5157]]
be named, and service on this agent constitutes service on the foreign
refiner or any employee of the foreign refiner for any action by EPA or
otherwise by the United States related to the requirements of this
subpart.
(3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations promulgated thereunder shall be governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
(4) United States substantive and procedural laws shall apply to
any civil or criminal enforcement action against the foreign refiner or
any employee of the foreign refiner related to the provisions of this
section.
(5) Submitting a petition for participation in the diesel foreign
refiner program or producing and exporting diesel fuel under any such
program, and all other actions to comply with the requirements of this
subpart relating to participation in any diesel foreign refiner
program, or to establish an individual refinery motor vehicle diesel
fuel volume baseline (if applicable) constitute actions or activities
that satisfy the provisions of 28 U.S.C. section 1605(a)(2), but solely
with respect to actions instituted against the foreign refiner, its
agents and employees in any court or other tribunal in the United
States for conduct that violates the requirements applicable to the
foreign refiner under this subpart, including conduct that violates
Title 18 U.S.C. section 1001 and Clean Air Act section 113(c)(2).
(6) The foreign refiner, or its agents or employees, will not seek
to detain or to impose civil or criminal remedies against EPA
inspectors or auditors, whether EPA employees or EPA contractors, for
actions performed within the scope of EPA employment related to the
provisions of this section.
(7) The commitment required by this paragraph (i) shall be signed
by the owner or president of the foreign refiner business.
(8) In any case where DFR-Diesel produced at a foreign refinery is
stored or transported by another company between the refinery and the
vessel that transports the DFR-Diesel to the United States, the foreign
refiner shall obtain from each such other company a commitment that
meets the requirements specified in paragraphs (i)(1) through (7) of
this section, and these commitments shall be included in the foreign
refiner's petition to participate in any diesel foreign refiner program
.
(j) Sovereign immunity. By submitting a petition for participation
in any diesel foreign refiner program under this subpart (and baseline,
if applicable) under this section, or by producing and exporting diesel
fuel to the United States under any such program, the foreign refiner,
and its agents and employees, without exception, become subject to the
full operation of the administrative and judicial enforcement powers
and provisions of the United States without limitation based on
sovereign immunity, with respect to actions instituted against the
foreign refiner, its agents and employees in any court or other
tribunal in the United States for conduct that violates the
requirements applicable to the foreign refiner under this subpart
including conduct that violates Title 18 U.S.C. section 1001 and Clean
Air Act section 113(c)(2).
(k) Bond posting. Any foreign refiner shall meet the requirements
of this paragraph (k) as a condition to approval for any diesel foreign
refiner program under this subpart.
(1) The foreign refiner shall post a bond of the amount calculated
using the following equation: Bond = G x $0.01
Where:
Bond = amount of the bond in U.S. dollars.
G = the volume baseline for motor vehicle diesel fuel produced at
the foreign refinery and exported to the United States, in gallons.
(2) Bonds shall be posted by:
(i) Paying the amount of the bond to the Treasurer of the United
States;
(ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign refiner, provided EPA agrees in
advance as to the third party and the nature of the surety agreement;
or
(iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States, provided EPA agrees in advance as to the alternative
commitment.
(3) Bonds posted under this paragraph (k) shall:
(i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart, including where such conduct violates Title 18 U.S.C.
1001 and Clean Air Act section 113(c)(2);
(ii) Be provided by a corporate surety that is listed in the United
States Department of Treasury Circular 570 ``Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds''
(available from the Department of Treasury website at http://
www.fms.treas.gov or from the Government Printing Office, phone (202)
512-1800); and
(iii) Include a commitment that the bond will remain in effect for
at least five (5) years following the end of latest annual reporting
period that the foreign refiner produces motor vehicle diesel fuel
pursuant to the requirements of this subpart.
(4) On any occasion a foreign refiner bond is used to satisfy any
judgment, the foreign refiner shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
(5) If the bond amount for a foreign refiner increases, the foreign
refiner shall increase the bond to cover the shortfall within 90 days
of the date the bond amount changes. If the bond amount decreases, the
foreign refiner may reduce the amount of the bond beginning 90 days
after the date the bond amount changes.
(l) [Reserved]
(m) English language reports. Any report or other document
submitted to EPA by a foreign refiner shall be in English language, or
shall include an English language translation.
(n) Prohibitions. (1) No person may combine Certified DFR-Diesel
with any Non-Certified DFR-Diesel or Non-DFR-Diesel, and no person may
combine Certified DFR-Diesel with any Certified DFR-Diesel produced at
a different refinery, until the importer has met all the requirements
of paragraph (o) of this section, except as provided in paragraph (e)
of this section.
(2) No foreign refiner or other person may cause another person to
commit an action prohibited in paragraph (n)(1) of this section, or
that otherwise violates the requirements of this section.
(o) United States importer requirements. Any United States importer
shall meet the following requirements:
(1) Each batch of imported motor vehicle diesel fuel shall be
classified by the importer as being DFR-Diesel or as Non-DFR-Diesel,
and each batch classified as DFR-Diesel shall be further classified as
Certified DFR-Diesel or as Non-certified DFR-Diesel, and each batch of
Certified DFR-Diesel shall be further classified as complying with the
500 ppm motor vehicle diesel fuel sulfur standard under Sec. 80.520(c)
or the 15 ppm motor vehicle diesel fuel sulfur standard under
Sec. 80.520(a)(1).
(2) Motor vehicle diesel fuel shall be classified as Certified DFR-
Diesel or as Non-Certified DFR-Diesel according to the designation by
the foreign refiner if this designation is supported by product
[[Page 5158]]
transfer documents prepared by the foreign refiner as required in
paragraph (d) of this section, unless the diesel fuel is classified as
Non-Certified DFR-Diesel under paragraph (g) of this section.
Additionally, the importer shall comply with all requirements of this
subpart applicable to domestic refiners subject to any diesel foreign
refiner program under this subpart.
(3) For each diesel fuel batch classified as DFR-Diesel, any United
States importer shall perform the following procedures:
(i) In the case of both Certified and Non-Certified DFR-Diesel,
have an independent third party:
(A) Determine the volume of diesel fuel in the vessel;
(B) Use the foreign refiner's DFR-Diesel certification to determine
the name and EPA-assigned registration number of the foreign refinery
that produced the DFR-Diesel;
(C) Determine the name and country of registration of the vessel
used to transport the DFR-Diesel to the United States; and
(D) Determine the date and time the vessel arrives at the United
States port of entry.
(ii) In the case of Certified DFR-Diesel, have an independent third
party:
(A) Collect a representative sample from each vessel compartment
subsequent to the vessel's arrival at the United States port of entry
and prior to off loading any diesel fuel from the vessel;
(B) Obtain the compartment samples; and
(C) Determine the sulfur value of each compartment sample using the
methodologies specified in Sec. 80.580, by:
(1) The third party analyzing the sample; or
(2) The third party observing the importer analyze the sample.
(4) Any importer shall submit reports within thirty days following
the date any vessel transporting DFR-Diesel arrives at the United
States port of entry:
(i) To the Administrator containing the information determined
under paragraph (o)(3) of this section; and
(ii) To the foreign refiner containing the information determined
under paragraph (o)(3)(ii) of this section, and including
identification of the port and Credit Trading Area at which the product
was offloaded.
(5) Any United States importer shall meet the requirements
specified in Sec. 80.520, for any imported motor vehicle diesel fuel
that is not classified as Certified DFR-Diesel under paragraph (o)(2)
of this section.
(p) Truck Imports of Certified DFR-Diesel produced at a Foreign
Refinery. (1) Any refiner whose Certified DFR-Diesel is transported
into the United States by truck may petition EPA to use alternative
procedures to meet the following requirements:
(i) Certification under paragraph (d)(5) of this section;
(ii) Load port and port of entry sampling and testing under
paragraphs (f) and (g) of this section;
(iii) Attest under paragraph (h) of this section; and
(iv) Importer testing under paragraph (o)(3) of this section.
(2) These alternative procedures must ensure Certified DFR-Diesel
remains segregated from Non-Certified DFR-Diesel and from Non-DFR-
Diesel until it is imported into the United States. The petition will
be evaluated based on whether it adequately addresses the following:
(i) Provisions for monitoring pipeline shipments, if applicable,
from the refinery, that ensure segregation of Certified DFR-Diesel from
that refinery from all other diesel fuel;
(ii) Contracts with any terminals and/or pipelines that receive
and/or transport Certified DFR-Diesel, that prohibit the commingling of
Certified DFR-Diesel with any of the following:
(A) Other Certified DFR-Diesel from other refineries.
(B) All Non-Certified DFR-Diesel.
(C) All Non-DFR-Diesel;
(iii) Procedures for obtaining and reviewing truck loading records
and United States import documents for Certified DFR-Diesel to ensure
that such diesel fuel is only loaded into trucks making deliveries to
the United States;
(iv) Attest procedures to be conducted annually by an independent
third party that review loading records and import documents based on
volume reconciliation, or other criteria, to confirm that all Certified
DFR-Diesel remains segregated throughout the distribution system and is
only loaded into trucks for import into the United States.
(3) The petition required by this section must be submitted to EPA
along with the application for temporary refiner relief individual
refinery highway diesel sulfur standard under this subpart I and this
section.
(q) Withdrawal or suspension of a foreign refinery's temporary
refinery flexibility program approval. EPA may withdraw or suspend a
diesel refiner temporary compliance option diesel fuel sulfur program
approval for a foreign refinery where:
(1) A foreign refiner fails to meet any requirement of this
section;
(2) A foreign government fails to allow EPA inspections as provided
in paragraph (i)(1) of this section;
(3) A foreign refiner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart; or
(4) A foreign refiner fails to pay a civil or criminal penalty that
is not satisfied using the foreign refiner bond specified in paragraph
(k) of this section.
(r) Early use of a foreign refiner baseline. (1) A foreign refiner
may begin using an individual refinery baseline before EPA has approved
the baseline, provided that:
(i) A baseline petition has been submitted as required in paragraph
(b) of this section;
(ii) EPA has made a provisional finding that the baseline petition
is complete;
(iii) The foreign refiner has made the commitments required in
paragraph (i) of this section;
(iv) The persons who will meet the independent third party and
independent attest requirements for the foreign refinery have made the
commitments required in paragraphs (f)(3)(iii) and (h)(7)(iii) of this
section; and
(v) The foreign refiner has met the bond requirements of paragraph
(k) of this section.
(2) In any case where a foreign refiner uses an individual refinery
baseline before final approval under paragraph (r)(1) of this section,
and the foreign refinery baseline values that ultimately are approved
by EPA are more stringent than the early baseline values used by the
foreign refiner, the foreign refiner shall recalculate its compliance,
ab initio, using the baseline values approved by the EPA, and the
foreign refiner shall be liable for any resulting violation of the
motor vehicle highway diesel fuel requirements.
(s) Additional requirements for petitions, reports and
certificates. Any petition for approval to produce motor vehicle diesel
fuel subject to the diesel foreign refiner program, any alternative
procedures under paragraph (p) of this section, any report or other
submission required by paragraph (c), (f)(2), or (i) of this section,
and any certification under paragraph (d)(3) of this section shall be:
(1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
(2) Be signed by the president or owner of the foreign refiner
company, or by that person's immediate designee, and shall contain the
following declaration:
I hereby certify: (1) that I have actual authority to sign on
behalf of and to bind
[[Page 5159]]
[insert name of foreign refiner] with regard to all statements
contained herein; (2) that I am aware that the information contained
herein is being certified, or submitted to the United States
Environmental Protection Agency, under the requirements of 40 CFR
Part 80, subpart I, and that the information is material for
determining compliance under these regulations; and (3) that I have
read and understand the information being certified or submitted,
and this information is true, complete and correct to the best of my
knowledge and belief after I have taken reasonable and appropriate
steps to verify the accuracy thereof.
I affirm that I have read and understand the provisions of 40
CFR Part 80, subpart I, including 40 CFR 80.620 apply to [insert
name of foreign refiner]. Pursuant to Clean Air Act section 113(c)
and Title 18, United States Code, section 1001, the penalty for
furnishing false, incomplete or misleading information in this
certification or submission is a fine of up to $10,000 U.S., and/or
imprisonment for up to five years.
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
11. The authority citation for part 86 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
12. Section 86.1 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 86.1 Reference materials.
* * * * *
(b) * * *
(1) ASTM material. The following table sets forth material from the
American Society for Testing and Materials that has been incorporated
by reference. The first column lists the number and name of the
material. The second column lists the section(s) of this part, other
than this section, in which the matter is referenced. Copies of these
materials may be obtained from American Society for Testing and
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
------------------------------------------------------------------------
Document number and name 40 CFR part 86 reference
------------------------------------------------------------------------
ASTM E29-67 (Reapproved 1980), Standard 86.1105-87.
Recommended Practice for Indicating Which
Places of Figures Are To Be Considered
Significant in Specified Limiting Values.
ASTM E29-90, Standard Practice for Using 86.609-84; 86.609-96;
Significant Digits in Test Data to Determine 86.609-97; 86.609-98;
Conformance with Specifications. 86.1009-84; 86.1009-96;
86.1442; 86.1708-99;
86.1709-99; 86.1710-99;
86.1728-99.
ASTM D5186-91, Standard Test Method for 86.113-07; 86.1313-91;
Determination of Aromatic Content of Diesel 86.1313-94; 86.1313-98;
Fuels by Supercritical Fluid Chromatography. 1313-2007.
ASTM D2163-91, Standard Test Method for 86.113-94; 86.1213-94;
Analysis of Liquefied Petroleum (LP) Gases 86.1313-94.
and Propane Concentrates by Gas
Chromatography.
ASTM D1945-91, Standard Test Method for 86.113-94; 86.513-94;
Analysis of Natural Gas By Gas 86.1213-94; 86.1313-94.
Chromatography.
ASTM E29-93a, Standard Practice for Using 86.098-15; 86.004-15;
Significant Digits in Test Data to Determine 86.007-11; 86.007-15;
Conformance with Specifications. 86.1803-01; 86.1823-01;
86.1824-01; 86.1825-01;
86.1837-01.
ASTM D2986-95a, (Reapproved 1999) Standard 86.1310-2007.
Practice for Evaluation of Air Assay Media
by the Monodisperse DOP (Dioctyl Phthalate)
Smoke Test.
ASTM F1471-93, Standard Test Method for Air 86.1310-2007.
Cleaning Performance of a High-Efficiency
Particulate Air-Filter System.
------------------------------------------------------------------------
* * * * *
13. Section 86.004-2 is amended by adding in alphabetical order a
definition of ``U.S.-directed production'' to read as follows:
Sec. 86.004-2 Definitions.
* * * * *
U.S.-directed production means the engines and/or vehicles (as
applicable) produced by a manufacturer for which the manufacturer has
reasonable assurance that sale was or will be made to ultimate
purchasers in the United States, excluding engines and/or vehicles that
are certified to state emission standards different than the emission
standards in this part.
* * * * *
14. Section 86.004-28 is amended by adding paragraph (i) to read as
follows:
Sec. 86.004-28 Compliance with emission standards.
* * * * *
(i) Emission results from heavy-duty engines equipped with exhaust
aftertreatment may need to be adjusted to account for regeneration
events. This provision only applies for engines equipped with emission
controls that are regenerated on an infrequent basis. For the purpose
of this paragraph (i), the term ``regeneration'' means an event during
which emissions levels change while the aftertreatment performance is
being restored by design. Examples of regenerations are increasing
exhaust gas temperature to remove sulfur from an adsorber or increasing
exhaust gas temperature to oxidize PM in a trap. For the purpose of
this paragraph (i), the term ``infrequent'' means having an expected
frequency of less than once per transient test cycle. Calculation and
use of adjustment factors are described in paragraphs (i)(1) through
(i)(5) of this section.
(1) Development of adjustment factors. Manufacturers must develop
separate pairs of adjustment factors (an upward adjustment factor and a
downward adjustment factor) for each pollutant based on measured
emission data and observed regeneration frequency. Adjustment factors
may be carried-over to subsequent model years or carried-across to
other engine families only where the Administrator determines that such
carry-over or carry-across is consistent with good engineering
judgment. Adjustment factors should generally apply to an entire engine
family, but manufacturers may develop separate adjustment factors for
different engine configurations within an engine family. All adjustment
factors for regeneration are additive.
(2) Calculation of adjustment factors. The adjustment factors are
calculated from the following parameters: the measured emissions from a
test in which the regeneration occurs (EFH), the measured
emissions from a test in which the regeneration does not occur
(EFL), and the frequency of the regeneration event in terms
of fraction of tests during which the regeneration occurs (F). The
average emission rate (EFA) is calculated as:
EFA = (F)(EFH) + (1 - F)(EFL)
(i) The upward adjustment factor (UAF) is calculated as: UAF =
EFA - EFL.
(ii) The downward adjustment factor (DAF) is calculated as: DAF =
EFA - EFH.
(3) Use of adjustment factors. Upward adjustment factors are added
to
[[Page 5160]]
measured emission rates for all tests in which the regeneration does
not occur. Downward adjustment factors are added to measured emission
rates for all tests in which the regeneration occurs. The occurrence of
the regeneration must be identified in a manner that is readily
apparent during all testing. Where no regeneration is identified, the
upward adjustment factor shall be applied.
(4) Sample calculation. If EFL is 0.10 g/bhp-hr,
EFH is 0.50 g/bhp-hr, and F is 0.1 (i.e., the regeneration
occurs once for each ten tests), then:
EFA = (0.1)(0.5 g/bhp-hr) + (1.0 - 0.1)(0.1 g/bhp-hr) = 0.14
g/bhp-hr
UAF = 0.14 g/bhp-hr - 0.10 g/bhp-hr = 0.04 g/bhp-hr
DAF = 0.14 g/bhp-hr - 0.50 g/bhp-hr = -0.36 g/bhp-hr
(5) Options. (i) A manufacturer may elect to omit adjustment
factors for one or more of its engine families (or configurations)
because the effect of the regeneration is small, or because it is not
practical to identify when regenerations occur. In these cases, no
upward or downward adjustment factor shall be added, and the
manufacturer is liable for compliance with the emission standards for
all tests, without regard to whether a regeneration occurs.
(ii) Upon request by the manufacturer, the Administrator may
account for regeneration events differently than is provided in this
paragraph (i). However, this option only applies for events that occur
extremely infrequently, and which cannot be practically addressed using
the adjustment factors described in this paragraph (i).
15. Section 86.004-40 is amended by revising the introductory text
to read as follows:
Sec. 86.004-40 Heavy-duty engine rebuilding practices.
The provisions of this section are applicable to heavy-duty engines
subject to model year 2004 or later standards and are applicable to the
process of engine rebuilding (or rebuilding a portion of an engine or
engine system). The process of engine rebuilding generally includes
disassembly, replacement of multiple parts due to wear, and reassembly,
and also may include the removal of the engine from the vehicle and
other acts associated with rebuilding an engine. Any deviation from the
provisions contained in this section is a prohibited act under section
203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
* * * * *
16. Section 86.005-10 is amended by revising paragraph
(a)(1)(ii)(C) to read as follows:
Sec. 86.005-10 Emission standards for 2005 and later model year Otto-
cycle heavy-duty engines and vehicles.
* * * * *
(a) * * *
(1) * * *
(ii) * * *
(C) Idle carbon monoxide. For all Otto-cycle HDEs utilizing
aftertreatment technology, and not certified to the onboard diagnostics
requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at
curb idle.
* * * * *
17. Section 86.005-17 is amended by revising paragraphs (b)
introductory text, (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (k) to
read as follows:
Sec. 86.005-17 On-board diagnostics.
* * * * *
(b) Malfunction descriptions. The OBD system must detect and
identify malfunctions in all monitored emission-related engine systems
or components according to the following malfunction definitions as
measured and calculated in accordance with test procedures set forth in
subpart N of this part (engine-based test procedures) excluding the
test procedure referred to as the ``Supplemental emission test; test
cycle and procedures'' contained in Sec. 86.1360, and excluding the
test procedure referred to as the ``Not-To-Exceed Test Procedure''
contained in Sec. 86.1370, and excluding the test procedure referred to
as the ``Load Response Test'' contained in Sec. 86.1380.
(1) Catalysts and particulate traps. (i) Otto-cycle. Catalyst
deterioration or malfunction before it results in an increase in NMHC
(or NOX+NMHC, as applicable) emissions 1.5 times the NMHC
(or NOX+NMHC, as applicable) standard or FEL, as compared to
the NMHC (or NOX+NMHC, as applicable) emission level
measured using a representative 4000 mile catalyst system.
(ii) Diesel. (A) If equipped, catalyst deterioration or malfunction
before it results in exhaust emissions exceeding 1.5 times the
applicable standard or FEL for NOX (or NOX+NMHC,
as applicable) or PM. This requirement applies only to reduction
catalysts; monitoring of oxidation catalysts is not required. This
monitoring need not be done if the manufacturer can demonstrate that
deterioration or malfunction of the system will not result in
exceedance of the threshold.
(B) If equipped with a particulate trap, catastrophic failure of
the device must be detected. Any particulate trap whose complete
failure results in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC (or NOX+NMHC, as applicable) or PM
must be monitored for such catastrophic failure. This monitoring need
not be done if the manufacturer can demonstrate that a catastrophic
failure of the system will not result in exceedance of the threshold.
(2) Engine Misfire. (i) Otto-cycle. Engine misfire resulting in
exhaust emissions exceeding 1.5 times the applicable standard or FEL
for NMHC, NOX (or NOX+NMHC, as applicable) or CO;
and any misfire capable of damaging the catalytic converter.
(ii) Diesel. Lack of cylinder combustion must be detected.
(3) Oxygen sensors. If equipped, oxygen sensor deterioration or
malfunction resulting in exhaust emissions exceeding 1.5 times the
applicable standard or FEL for NMHC, NOX (or
NOX+NMHC, as applicable) or CO.
(4) Evaporative leaks. If equipped, any vapor leak in the
evaporative and/or refueling system (excluding the tubing and
connections between the purge valve and the intake manifold) greater
than or equal in magnitude to a leak caused by a 0.040 inch diameter
orifice; an absence of evaporative purge air flow from the complete
evaporative emission control system. Where fuel tank capacity is
greater than 25 gallons, the Administrator may, following a request
from the manufacturer, revise the size of the orifice to the smallest
orifice feasible, based on test data, if the most reliable monitoring
method available cannot reliably detect a system leak equal to a 0.040
inch diameter orifice.
(5) Other emission control systems. Any deterioration or
malfunction occurring in an engine system or component directly
intended to control emissions, including but not necessarily limited
to, the exhaust gas recirculation (EGR) system, if equipped, the
secondary air system, if equipped, and the fuel control system,
singularly resulting in exhaust emissions exceeding 1.5 times the
applicable emission standard or FEL for NMHC, NOX (or
NOX+NMHC, as applicable), CO or diesel PM. For engines
equipped with a secondary air system, a functional check, as described
in paragraph (b)(6) of this section, may satisfy the requirements of
this paragraph (b)(5) provided the manufacturer can demonstrate that
deterioration of the flow distribution system is unlikely. This
demonstration is subject to Administrator approval and, if the
demonstration and associated functional check are approved, the
diagnostic system must indicate a malfunction when some degree of
secondary airflow is not detectable in
[[Page 5161]]
the exhaust system during the check. For engines equipped with positive
crankcase ventilation (PCV), monitoring of the PCV system is not
necessary provided the manufacturer can demonstrate to the
Administrator's satisfaction that the PCV system is unlikely to fail.
* * * * *
(k) Phase-in for heavy-duty engines. Manufacturers of heavy-duty
engines must comply with the OBD requirements in this section according
to the following phase-in schedule, based on the percentage of
projected engine sales within each category. The 2004 model year
requirements in the following phase-in schedule are applicable only to
heavy-duty Otto-cycle engines where the manufacturer has selected Otto-
cycle Option 1 or Option 2 for alternative 2004 compliance according to
Sec. 86.005-01(c)(1) or (2). The 2005 through 2007 requirements in the
following phase-in schedule apply to all heavy-duty engines intended
for use in a heavy-duty vehicle weighing 14,000 pounds GVWR or less.
Manufacturers may exempt 2005 model year diesel heavy-duty engines from
the requirements of this section if the 2005 model year commences
before July 31, 2004 from the requirements of this section.
Manufacturers may exempt 2005 model year Otto-cycle heavy-duty engines
and vehicles from the requirements of this section if the manufacturer
has selected Otto-cycle Option 3 and if the 2005 model year commences
before July 31, 2004. For the purposes of calculating compliance with
the phase-in provisions of this paragraph (k), heavy-duty engines may
be combined with heavy-duty vehicles subject to the phase-in
requirements of paragraph Sec. 86.1806-05(l). The OBD Compliance phase-
in table follows:
OBD Compliance Phase-in for Heavy-Duty Engines Intended for Use in a
Heavy-Duty Vehicle Weighing 14,000 Pounds GVWR or Less
------------------------------------------------------------------------
Otto-cycle phase-in Diesel Phase-in
Model year based on projected based on projected
sales sales
------------------------------------------------------------------------
2004 MY..................... Applicable only to ....................
Otto-cycle engines
complying with
Options 1 or 2; 40%
compliance;
alternative fuel
waivers available.
2005 MY..................... 60% compliance; 50% compliance;
alternative fuel alternative fuel
waivers available. waivers available.
2006 MY..................... 80% compliance; 50% compliance;
alternative fuel alternative fuel
waivers available. waivers available.
2007 MY..................... 80% compliance; 100% compliance.
alternative fuel
waivers available.
2008+ MY.................... 100% compliance..... 100% compliance.
------------------------------------------------------------------------
18. Section 86.007-11 is amended by revising the introductory text,
paragraphs (a) through (a)(2), (a)(3), (a)(4)(i), (b)(3) through (d),
and adding paragraphs (a)(4)(iv)(C), (a)(4)(v), (e), (f), (g) and (h)
to read as follows:
Sec. 86.007-11 Emission standards and supplemental requirements for
2007 and later model year diesel heavy-duty engines and vehicles.
This section applies to new 2007 and later model year diesel HDEs.
Section 86.007-11 includes text that specifies requirements that differ
from Sec. 86.004-11. Where a paragraph in Sec. 86.004-11 is identical
and applicable to Sec. 86.007-11, this may be indicated by specifying
the corresponding paragraph and the statement ``[Reserved]. For
guidance see Sec. 86.004-11.''.
(a)(1) Exhaust emissions from new 2007 and later model year diesel
HDEs shall not exceed the following:
(i) Oxides of Nitrogen (NOX). (A) 0.20 grams per brake
horsepower-hour (0.075 grams per megajoule).
(B) A manufacturer may elect to include any or all of its diesel
HDE families in any or all of the NOX and NOX
plus NMHC emissions ABT programs for HDEs, within the restrictions
described in Sec. 86.007-15 or Sec. 86.004-15. If the manufacturer
elects to include engine families in any of these programs, the
NOX FELs may not exceed the following FEL caps: 2.00 grams
per brake horsepower-hour (0.75 grams per megajoule) for model years
before 2010; 0.50 grams per brake horsepower-hour (0.19 grams per
megajoule) for model years 2010 and later. This ceiling value applies
whether credits for the family are derived from averaging, banking, or
trading programs.
(ii)(A) Non-Methane Hydrocarbons (NMHC) for engines fueled with
either diesel fuel, natural gas, or liquefied petroleum gas. 0.14 grams
per brake horsepower-hour (0.052 grams per megajoule).
(B) Non-Methane Hydrocarbon Equivalent (NMHCE) for engines fueled
with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per
megajoule).
(iii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour
(5.77 grams per megajoule).
(B) 0.50 percent of exhaust gas flow at curb idle (methanol-,
natural gas-, and liquefied petroleum gas-fueled diesel HDEs only).
This does not apply for vehicles certified to the requirements of
Sec. 86.005-17
(iv) Particulate. (A) 0.01 grams per brake horsepower-hour (0.0037
grams per megajoule).
(B) A manufacturer may elect to include any or all of its diesel
HDE families in any or all of the particulate ABT programs for HDEs,
within the restrictions described in Sec. 86.007-15 or other applicable
sections. If the manufacturer elects to include engine families in any
of these programs, the particulate FEL may not exceed 0.02 grams per
brake horsepower-hour (0.0075 grams per megajoule).
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(2) of appendix I to this part, and measured and
calculated in accordance with the procedures set forth in subpart N or
P of this part, except as noted in Sec. 86.007-23(c)(2).
(3) SET (i) The weighted average exhaust emissions, as determined
under Sec. 86.1360-2007(e)(5) pertaining to the supplemental emission
test cycle, for each regulated pollutant shall not exceed 1.0 times the
applicable emission standards or FELs specified in paragraph (a)(1) of
this section.
(ii) For engines not having a NOX FEL less than1.5 g/
bhp-hr, gaseous exhaust emissions shall not exceed the steady-state
interpolated values determined by the Maximum Allowable Emission Limits
(for the corresponding speed and load), as determined under
Sec. 86.1360-2007(f), when the engine is operated in the steady-state
control area defined under Sec. 86.1360-2007(d).
(4) NTE (i)(A) The brake-specific exhaust NMHC or NOX
emissions in g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining
to the not-to-exceed test procedures, shall not exceed 1.5 times the
applicable NMHC or NOX emission standards or FELs specified
in paragraph (a)(1) of this section, during engine and vehicle
operation specified
[[Page 5162]]
in paragraph (a)(4)(ii) of this section except as noted in paragraph
(a)(4)(iii) of this section.
(B) For engines not having a NOX FEL less than1.50 g/
bhp-hr, the brake-specific NOX and NMHC exhaust emissions in
g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining to the not-
to-exceed test procedures, shall not exceed 1.25 times the applicable
emission standards or FELs specified in paragraph (a)(1) of this
section (or of Sec. 86.004-11, as allowed by paragraph (g) of this
section), during engine and vehicle operation specified in paragraph
(a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of
this section.
(C) The brake-specific exhaust PM emissions in g/bhp-hr, as
determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test
procedures, shall not exceed 1.5 times the applicable PM emission
standards or FEL (for FELs above the standard only) specified in
paragraph (a)(1) of this section, during engine and vehicle operation
specified in paragraph (a)(4)(ii) of this section except as noted in
paragraph (a)(4)(iii) of this section.
(D) The brake-specific exhaust CO emissions in g/bhp-hr, as
determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test
procedures, shall not exceed 1.25 times the applicable CO emission
standards or FEL specified in paragraph (a)(1) of this section, during
engine and vehicle operation specified in paragraph (a)(4)(ii) of this
section except as noted in paragraph (a)(4)(iii) of this section.
* * * * *
(iv) * * *
(C) For model years 2010 through 2013, the Administrator may allow
up to three deficiencies per engine family. The provisions of
paragraphs (a)(4)(iv)(A) and (B) of this section apply for deficiencies
allowed by this paragraph (a)(4)(iv)(C). In determining whether to
allow the additional deficiencies, the Administrator may consider any
relevant factors, including the factors identified in paragraph
(a)(4)(iv)(A) of this section. If additional deficiencies are approved,
the Administrator may set any additional conditions that he/she
determines to be appropriate.
(v) The emission limits specified in paragraphs (a)(3) and (a)(4)
of this section shall be rounded to the same number of significant
figures as the applicable standards in paragraph (a)(1) of this section
using ASTM E29-93a (Incorporated by reference at Sec. 86.1).
* * * * *
(b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.004-11.
(c) No crankcase emissions shall be discharged directly into the
ambient atmosphere from any new 2007 or later model year diesel HDE,
with the following exception: HDEs equipped with turbochargers, pumps,
blowers, or superchargers for air induction may discharge crankcase
emissions to the ambient atmosphere if the emissions are added to the
exhaust emissions (either physically or mathematically) during all
emission testing. Manufacturers taking advantage of this exception must
manufacture the engines so that all crankcase emission can be routed
into a dilution tunnel (or other sampling system approved in advance by
the Administrator), and must account for deterioration in crankcase
emissions when determining exhaust deterioration factors. For the
purpose of this paragraph (c), crankcase emissions that are routed to
the exhaust upstream of exhaust aftertreatment during all operation are
not considered to be ``discharged directly into the ambient
atmosphere.''
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures
in subpart I or N of this part to ascertain that such test engines meet
the requirements of paragraphs (a), (b), (c), and (d) of this section.
(e) [Reserved]. For guidance see Sec. 86.004-11.
(f) (1) Model year 2007 and later diesel-fueled heavy-duty engines
and vehicles for sale in Guam, American Samoa, or the Commonwealth of
the Northern Mariana Islands shall be subject to the same standards and
requirements as apply to 2006 model year diesel heavy-duty engines and
vehicles, but only if the vehicle or engine bears a permanently affixed
label stating:
THIS ENGINE (or VEHICLE, as applicable) CONFORMS TO US EPA
EMISSION STANDARDS APPLICABLE TO MODEL YEAR 2006. THIS ENGINE (or
VEHICLE, as applicable) DOES NOT CONFORM TO US EPA EMISSION
REQUIREMENTS IN EFFECT AT TIME OF PRODUCTION AND MAY NOT BE IMPORTED
INTO THE UNITED STATES OR ANY TERRITORY OF THE UNITED STATES EXCEPT
GUAM, AMERICAN SAMOA, OR THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
(2) The importation or sale of such a vehicle or engine for use at
any location U.S. other than Guam, American Samoa, or the Commonwealth
of the Northern Mariana Islands shall be considered a violation of
section 203(a)(1) of the Clean Air Act. In addition, vehicles or
vehicle engines subject to this exemption may not subsequently be
imported or sold into any state or territory of the United States other
than Guam, American Samoa, or Commonwealth of the Northern Mariana
Islands.
(g) Phase-in options. (1) For model years 2007, 2008, and 2009,
manufacturers may certify some of their engine families to the combined
NOX plus NMHC standard applicable to model year 2006 engines
under Sec. 86.004-11, in lieu of the separate NOX and NMHC
standards specified in paragraph (a)(1) of this section. These engines
must comply with all other requirements applicable to model year 2007
engines. The combined number of engines in the engine families
certified to the 2006 combined NOX plus NMHC standard may
not exceed 50 percent of the manufacturer's U.S.-directed production of
heavy-duty diesel motor vehicle engines for model year 2007, 2008, or
2009, except as explicitly allowed by this paragraph (g).
(2)(i) Manufacturers certifying engines to all of the applicable
standards listed in paragraph (a) and (c) of this section (without
using credits) prior to model year 2007 may reduce the number of
engines that are required to meet the standards listed in paragraph (a)
of this section in model year 2007, 2008 and/or 2009, taking into
account the phase-in option provided in paragraph (g)(1) of this
section. For every two engines that are certified early, the
manufacturer may reduce the number of engines that are required by
paragraph (g)(1) of this section to meet standards listed in paragraph
(a)(1) of this section by three engines. For example, if a manufacturer
produces 100 heavy-duty diesel engines in 2006 that meet all of the
applicable standards listed in paragraph (a) of this section, and it
produced 10,000 heavy-duty diesel engines in 2007, then only 4,850
((10,000)(0.50) - (100)(1.5)) of the engines would need to comply with
the standards listed in paragraph (a) of this section.
(ii) Manufacturers certifying engines to the PM standards listed in
paragraph (a), and to all of the applicable standards in paragraph (c)
of this section (without using credits) prior to model year 2007 may
reduce the number of engines that are required to meet the PM standard
listed in paragraph (a) of this section in model year 2007, 2008 and/or
2009. For every two engines that are certified to the PM standard
early, the manufacturer may reduce the number of engines that are
otherwise required to meet the PM
[[Page 5163]]
standard listed in paragraph (a)(1) of this section by three engines.
(3) Manufacturers may initially base compliance with the phase-in
requirements of paragraph (g)(1) or (g)(2) of this section on projected
U.S.-directed production estimates. This is allowed for model year 2007
and/or 2008. However, if a manufacturer's actual U.S. directed
production volume of engines that comply with the model year 2007
NOX and NMHC standards is less than the required amount, the
shortfall (in terms of number of engines) must be made up prior to
2010. For example, if a manufacturer plans in good faith to produce 50
percent of its projected 10,000 2007 engines (i.e., 5,000 engines) in
compliance with the 2007 NOX and NMHC standard, but is only
able to produce 4,500 such engines of an actual 10,000 2007 engines,
the manufacturer would need to produce an extra 500 engines in 2008 or
2009 in compliance with the 2007 NOX and NMHC standard. The
deficit allowed by this paragraph (g)(3) may not exceed 25 percent of
the U.S. directed production volume.
(4) Manufacturers certifying engines to a voluntary NOX
standard of 0.10 g/bhp-hr (without using credits) in addition to all of
the other applicable standards listed in paragraphs (a) and (c) of this
section prior to model year 2007 may reduce the number of engines that
are required to meet the standards listed in paragraph (a)(1) of this
section in model year 2007, 2008 and/or 2009, taking into account the
phase-in option provided in paragraph (g)(1) of this section. For every
engine that is certified early under this provision, the manufacturer
may reduce the number of engines that are required by paragraph (g)(1)
of this section to meet the standards listed in paragraph (a)(1) of
this section by two engines.
(5) For engines certified under paragraph (g)(1) of this section to
the NOX+NMHC standard in Sec. 86.004-11, the standards or
FELs to which they are certified shall be used for the purposes of
paragraphs (a)(3) and (a)(4) of this section.
(h)(1) For model years prior to 2012, for purposes of determining
compliance after title or custody has transferred to the ultimate
purchaser, for engines having a NOX FEL no higher than 1.30
g/bhp-hr, the applicable compliance limit shall be determined by adding
the applicable adjustment from paragraph (h)(2) of this section to the
otherwise applicable standard or FEL for NOX.
(2)(i) For engines with 110,000 or fewer miles, the adjustment is
0.10 g/bhp-hr.
(ii) For engines with 110,001 to 185,000 miles, the adjustment is
0.15 g/bhp-hr.
(iii) For engines with 185,001 or more miles, the adjustment is
0.20 g/bhp-hr.
(3) For model years prior to 2012, for purposes of determining
compliance after title or custody has transferred to the ultimate
purchaser, the applicable compliance limit shall be determined by
adding 0.01 g/bhp-hr to the otherwise applicable standard or FEL for
PM.
19. A new Sec. 86.007-is added to Subpart A to read as follows:
Sec. 86.007-15 NOX and particulate averaging, trading, and
banking for heavy-duty engines.
Section 86.007-15 includes text that specifies requirements that
differ from Sec. 86.004-15. Where a paragraph in Sec. 86.004-15 is
identical and applicable to Sec. 86.007-15, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.004-15.''
(a) through (l) [Reserved]. For guidance see Sec. 86.004-15.
(m) The following provisions apply for model year 2007 and later
engines (including engines certified during years 2007-2009 under the
phase-in provisions of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or
Sec. 86.008-10(f)(1)). These provisions apply instead of the provisions
of paragraphs Sec. 86.004-15 (a) through (k) to the extent that they
are in conflict.
(1) Manufacturers of Otto-cycle engines may participate in an NMHC
averaging, banking and trading program to show compliance with the
standards specified in Sec. 86.008-10. The generation and use of NMHC
credits are subject to the same provisions in paragraphs Sec. 86.004-15
(a) through (k) that apply for NOX plus NMHC credits, except
as otherwise specified in this section.
(2) Credits are calculated as NOX or NMHC credits for
engines certified to separate NOX and NMHC standards.
NOX plus NMHC credits (including banked credits and credits
that are generated during years 2007-2009 under the phase-in provisions
of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or Sec. 86.008-10(f)(1))
may be used to show compliance with 2007 or later NOX
standards ( NOX or NMHC standards for Otto-cycle engines),
subject to an 0.8 discount factor (e.g., 100 grams of NOX
plus NMHC credits is equivalent to 80 grams of NOX credits).
(3) NOX or NMHC (or NOX plus NMHC) credits
may be exchanged between heavy-duty Otto-cycle engine families
certified to the engine standards of this subpart and heavy-duty Otto-
cycle engine families certified to the chassis standards of subpart S
of this part, subject to an 0.8 discount factor (e.g., 100 grams of
NOX (or NOX plus NMHC) credits generated from
engines would be equivalent to 80 grams of NOX credits if
they are used in the vehicle program of subpart S, and vice versa).
(4) Credits that were previously discounted when they were banked
according to paragraph (c) of Sec. 86.004-15, are subject to an
additional discount factor of 0.888 instead of the 0.8 discount factor
otherwise required by paragraph (m)(2) or (m)(3) of this section. This
results in a total discount factor of 0.8 (0.9 x 0.888 = 0.8).
(5) For diesel engine families, the combined number of engines
certified to FELs higher than 0.50 g/bhp-hr using banked NOX
(and/or NOX plus NMHC) credits in any given model year may
not exceed 10 percent of the manufacturer's U.S.-directed production of
engines in all heavy-duty diesel engine families for that model year.
(6) The FEL must be expressed to the same number of decimal places
as the standard (generally, one-hundredth of a gram per brake
horsepower-hour). For engines certified to standards expressed only
one-tenth of a gram per brake horsepower-hour, if the FEL is below 1.0,
then add a zero to the standard in the second decimal place and express
the FEL to nearest one-hundredth of a gram per brake horsepower-hour.
(7) Credits are to be rounded to the nearest one-hundredth of a
Megagram using ASTM E29-93a (Incorporated by reference at Sec. 86.1).
(8) Credits generated for 2007 and later model year diesel engine
families, or generated for 2008 and later model year Otto-cycle engine
families are not discounted (except as specified in paragraph (m)(2) or
(m)(3) of this section), and do not expire.
(9) For the purpose of using or generating credits during a phase-
in of new standards, a manufacturer may elect to split an engine family
into two subfamilies (e.g., one which uses credits and one which
generates credits). The manufacturer must indicate in the application
for certification that the engine family is to be split, and may assign
the numbers and configurations of engines within the respective
subfamilies at any time prior to the submission of the end-of-year
report required by Sec. 86.001-23.
(i) Manufacturers certifying a split diesel engine family to both
the Phase 1 and Phase 2 standards with equally sized subfamilies may
exclude the engines within that split family from end-of-year
NOX (or NOX+NMHC) ABT calculations, provided that
neither
[[Page 5164]]
subfamily generates credits for use by other engine families, or uses
banked credits, or uses averaging credits from other engine families.
All of the engines in that split family must be excluded from the
phase-in calculations of Sec. 86.007-11(g)(1) (both from the number of
engines complying with the standards being phased-in and from the total
number of U.S.-directed production engines.)
(ii) Manufacturers certifying a split Otto-cycle engine family to
both the Phase 1 and Phase 2 standards with equally sized subfamilies
may exclude the engines within that split family from end-of-year
NOX (or NOX+NMHC) ABT calculations, provided that
neither subfamily generates credits for use by other engine families,
or uses banked credits, or uses averaging credits from other engine
families. All of the engines in that split family must be excluded from
the phase-in calculations of Sec. 86.008-10(f)(1) (both from the number
of engines complying with the standards being phased-in and from the
total number of U.S.-directed production engines.)
(iii) Manufacturers certifying a split engine family may label all
of the engines within that family with a single NOX or
NOX+NMHC FEL. The FEL on the label will apply for all SEA or
other compliance testing.
(iv) Notwithstanding the provisions of paragraph (m)(9)(iii) of
this section, for split families, the NOX FEL shall be used
to determine applicability of the provisions of Sec. 86.007-
11(a)(3)(ii), (a)(4)(i)(B), and (h)(1), and Sec. 86.008-10(g).
(10) For model years 2007 through 2009, to be consistent with the
phase-in provisions of Sec. 86.007-11(g)(1), credits generated from
engines in one diesel engine service class (e.g., light-heavy duty
diesel engines) may be used for averaging by engines in a different
diesel engine service class, provided the credits are calculated for
both engine families using the conversion factor and useful life of the
engine family using the credits, and the engine family using the
credits is certified to the standards listed in Sec. 86.007-11(a)(1).
Banked or traded credits may not be used by any engine family in a
different service class than the service class of the engine family
generating the credits.
20. A new Sec. 86.007-23 is added to Subpart A to read as follows:
Sec. 86.007-23 Required data.
Section 86.007-23 includes text that specifies requirements that
differ from Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23. Where a
paragraph in Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23 is
identical and applicable to Sec. 86.007-23, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.095-23.'', ``[Reserved]. For guidance see
Sec. 86.098-23.'', or ``[Reserved]. For guidance see Sec. 86.001-23.''.
(a) through (b)(1) [Reserved]. For guidance see Sec. 86.098-23.
(b)(2) [Reserved]. For guidance see Sec. 86.001-23.
(b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.098-23.
(c) Emission data.--(1) Certification vehicles. The manufacturer
shall submit emission data (including, methane, methanol, formaldehyde,
and hydrocarbon equivalent, as applicable) on such vehicles tested in
accordance with applicable test procedures and in such numbers as
specified. These data shall include zero-mile data, if generated, and
emission data generated for certification as required under
Sec. 86.000-26(a)(3). In lieu of providing emission data the
Administrator may, on request of the manufacturer, allow the
manufacturer to demonstrate (on the basis of previous emission tests,
development tests, or other information) that the engine will conform
with certain applicable emission standards of this part. Standards
eligible for such manufacturer requests are those for idle CO
emissions, smoke emissions, or particulate emissions from methanol-
fueled or gaseous-fueled diesel-cycle certification vehicles, those for
particulate emissions from Otto-cycle certification vehicles or
gaseous-fueled vehicles, and those for formaldehyde emissions from
petroleum-fueled vehicles. Also eligible for such requests are
standards for total hydrocarbon emissions from model year 1994 and
later certification vehicles. By separate request, including
appropriate supporting test data, the manufacturer may request that the
Administrator also waive the requirement to measure particulate or
formaldehyde emissions when conducting Selective Enforcement Audit
testing of Otto-cycle vehicles.
(2) Certification engines. The manufacturer shall submit emission
data on such engines tested in accordance with applicable emission test
procedures of this subpart and in such numbers as specified. These data
shall include zero-hour data, if generated, and emission data generated
for certification as required under Sec. 86.000-26(c)(4). In lieu of
providing emission data on idle CO emissions or particulate emissions
from methanol-fueled or gaseous-fueled diesel-cycle certification
engines, on particulate emissions from Otto-cycle engines, or on CO
emissions from diesel-cycle certification engines, the Administrator
may, on request of the manufacturer, allow the manufacturer to
demonstrate (on the basis of previous emission tests, development
tests, or other information) that the engine will conform with the
applicable emission standards of this part. In lieu of providing
emission data on smoke emissions from methanol-fueled or petroleum-
fueled diesel certification engines, the Administrator may, on the
request of the manufacturer, allow the manufacturer to demonstrate (on
the basis of previous emission tests, development tests, or other
information) that the engine will conform with the applicable emissions
standards of this part. In lieu of providing emissions data on smoke
emissions from diesel-cycle engines when conducting Selective
Enforcement Audit testing under subpart K of this part, the
Administrator may, on separate request of the manufacturer, allow the
manufacturer to demonstrate (on the basis of previous emission tests,
development tests, or other information) that the engine will conform
with the applicable smoke emissions standards of this part .
(d) through (e)(1) [Reserved]. For guidance see Sec. 86.098-23.
(e)(2) and (e)(3) [Reserved]. For guidance see Sec. 86.001-23.
(f) through (g) [Reserved]. For guidance see Sec. 86.095-23.
(h) through (k) [Reserved]. For guidance see Sec. 86.098-23.
(l) [Reserved]. For guidance see Sec. 86.095-23.
(m) [Reserved]. For guidance see Sec. 86.098-23.
21. A new Sec. 86.007-25 is added to Subpart A to read as follows:
Sec. 86.007-25 Maintenance.
Section 86.007-25 includes text that specifies requirements that
differ from Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25. Where a
paragraph in Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25 is
identical and applicable to Sec. 86.007-25, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-25.'', ``[Reserved]. For guidance see
Sec. 86.098-25.'', or ``[Reserved]. For guidance see Sec. 86.004-25.''.
(a) through (a)(2) [Reserved]. For guidance see Sec. 86.004-25.
(b) introductory text through (b)(3)(ii) [Reserved]. For guidance
see Sec. 86.094-25.
(b)(3)(iii) through (b)(3)(v)(H) [Reserved]. For guidance see
Sec. 86.004-25.
[[Page 5165]]
(b)(3)(vi)(A) through (b)(3)(vi)(D) [Reserved]. For guidance see
Sec. 86.094-25.
(b)(3)(vi)(E) through (b)(3)(vi)(J) [Reserved]. For guidance see
Sec. 86.098-25.
(b)(4) introductory text through (b)(4)(iii)(C) [Reserved]. For
guidance see Sec. 86.004-25.
(b)(4)(iii)(D) Particulate trap or trap oxidizer systems including
related components (adjustment and cleaning only for filter element,
replacement of the filter element is not allowed during the useful
life).
(b)(4)(iii)(E) [Reserved]. For guidance see Sec. 86.004-25.
(F) Catalytic converter (adjustment and cleaning only for catalyst
beds, replacement of the bed is not allowed during the useful life).
(b)(4)(iii)(G) through (b)(6) [Reserved]. For guidance see
Sec. 86.004-25.
(b)(7) through (h) [Reserved]. For guidance see Sec. 86.094-25.
(i) Notwithstanding the provisions of Sec. 86.004-25(b)(4)(iii)
introductory text through (b)(4)(iii)(C), paragraph (b)(4)(iii)(D) of
this section, Sec. 86.004-25(b)(4)(iii)(E), paragraph (b)(4)(iii)(F) of
this section, Sec. 86.004-25(b)(4)(iii)(G), and Sec. 86.004-25(b)(6),
manufacturers of heavy-duty engines may schedule replacement or repair
of particulate trap (or trap oxidizer) systems or catalytic converters
(including NOX adsorbers), provided:
(1) The manufacturer demonstrates to the Administrator's
satisfaction that the repair or replacement will be performed according
to the schedule; and
(2) The manufacturer pays for the repair or replacement.
22. A new Sec. 86.007-35 is added to Subpart A to read as follows:
Sec. 86.007-35 Labeling.
Section 86.007-35 includes text that specifies requirements that
differ from Sec. 86.095-35. Where a paragraph in Sec. 86.095-35 is
identical and applicable to Sec. 86.007-35, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.095-35.''.
(a) Introductory text through (a)(1)(iii)(L) [Reserved]. For
guidance see Sec. 86.095-35.
(a)(1)(iii)(M) [Reserved.]
(a)(1)(iii)(N)(1) For vehicles exempted from compliance with
certain revised performance warranty procedures, as specified in
Sec. 86.096-21(j), a statement indicating the specific performance
warranty test(s) of 40 CFR part 85, subpart W, not to be performed.
(2) For vehicles exempted from compliance with all revised
performance warranty procedures, as specified in Sec. 86.096-21(k), a
statement indicating:
(i) That none of the performance warranty tests of 40 CFR part 85,
subpart W, is to be performed; and
(ii) The name of the Administrator-approved alternative test
procedure to be performed.
(2) Light-duty truck and heavy-duty vehicles optionally certified
in accordance with the light-duty truck provisions.
(i) A legible, permanent label shall be affixed in a readily
visible position in the engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Important Vehicle Information;
(B) Full corporate name and trademark of the manufacturer;
(C) Engine displacement (in cubic inches or liters), engine family
identification, and evaporative/refueling family;
(a)(2)(iii)(D) through (a)(2)(iii)(E) [Reserved]. For guidance see
Sec. 86.095-35.
(a)(2)(iii)(F) [Reserved]
(a)(2)(iii)(G) through (a)(2)(iii)(K) [Reserved]. For guidance see
Sec. 86.095-35.
(a)(2)(iii)(L) [Reserved]
(a)(2)(iii)(M) through (a)(2)(iii)(N) [Reserved]. For guidance see
Sec. 86.095-35.
(a)(2)(iii)(O)(l) For vehicles exempted from compliance with
certain revised performance warranty procedures, as specified in
Sec. 86.096-21(j), a statement indicating the specific performance
warranty test(s) of 40 CFR part 85, subpart W, not to be performed.
(2) For vehicles exempted from compliance with all revised
performance warranty procedures, as specified in Sec. 86.096-21(k), a
statement indicating:
(i) That none of the performance warranty tests of 40 CFR part 85,
subpart W, is to be performed, and
(ii) The name of the Administrator-approved alternative test
procedure to be performed.
(a)(3) heading through (b) [Reserved]. For guidance see
Sec. 86.095-35.
(c) Model year 2007 and later diesel-fueled vehicles must include
permanent readily visible labels on the dashboard (or instrument panel)
and near all fuel inlets that state ``Use Low-Sulfur Diesel Fuel Only''
or ``Low-Sulfur Diesel Fuel Only''.
(d) through (i) [Reserved]. For guidance see Sec. 86.095-35.
23. A new Sec. 86.007-38 is added to Subpart A to read as follows:
Sec. 86.007-38 Maintenance instructions.
Section 86.007-38 includes text that specifies requirements that
differ from those specified in Sec. 86.094-38 or Sec. 86.004-38. Where
a paragraph in Sec. 86.094-38 or Sec. 86.004-38 is identical and
applicable to Sec. 86.007-38, this may be indicated by specifying the
corresponding paragraph and the statement ``[Reserved]. For guidance
see Sec. 86.094-38.'', or ``[Reserved]. For guidance see Sec. 86.004-
38.''.
(a) through (f) [Reserved]. For guidance see Sec. 86.004-38.
(g) [Reserved]. For guidance see Sec. 86.094-38.
(h) [Reserved]. For guidance see Sec. 86.004-38.
(i) For each new diesel-fueled engine subject to the standards
prescribed in Sec. 86.007-11, as applicable, the manufacturer shall
furnish or cause to be furnished to the ultimate purchaser a statement
that ``This engine must be operated only with low sulfur diesel fuel
(that is, diesel fuel meeting EPA specifications for highway diesel
fuel, including a 15 ppm sulfur cap).''
24. A new Sec. 86.008-10 is added to subpart A to read as follows:
Sec. 86.008-10 Emission standards for 2008 and later model year Otto-
cycle heavy-duty engines and vehicles.
Section 86.008-10 includes text that specifies requirements that
differ from Sec. 86.099-10. Where a paragraph in Sec. 86.099-10 is
identical and applicable to Sec. 86.008-10, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.099-10.''.
(a)(1) Exhaust emissions from new 2008 and later model year Otto-
cycle HDEs shall not exceed:
(i)(A) Oxides of Nitrogen (NOX). 0.20 grams per brake
horsepower-hour (0.075 grams per megajoule).
(B) A manufacturer may elect to include any or all of its Otto-
cycle HDE families in any or all of the NOX and
NOX plus NMHC emissions ABT programs for HDEs, within the
restrictions described in Sec. 86.008-15 or Sec. 86.004-15. If the
manufacturer elects to include engine families in any of these
programs, the NOX FEL may not exceed 0.50 grams per brake
horsepower-hour (0.26 grams per
[[Page 5166]]
megajoule). This ceiling value applies whether credits for the family
are derived from averaging, banking, or trading programs. The
NOX FEL cap is 0.80 for model years before 2011 for
manufacturers choosing to certify to the 1.5 g/bhp-hr
NOX+NMHC standard in 2003 or 2004, in accordance with
Sec. 86.005-10(f).
(ii)(A) Non-methane Hydrocarbons (NMHC) for engines fueled with
either gasoline, natural gas, or liquefied petroleum gas. 0.14 grams
per brake horsepower-hour (0.052grams per megajoule).
(B) Non-methane Hydrocarbon Equivalent (NMHCE) for engines fueled
with methanol. 0.14 grams per brake horsepower-hour (0.052grams per
megajoule).
(C) A manufacturer may elect to include any or all of its Otto-
cycle HDE families in any or all of the NMHC emissions ABT programs for
HDEs, within the restrictions described in Sec. 86.008-15 or
Sec. 86.004-15. If the manufacturer elects to include engine families
in any of these programs, the NMHC FEL may not exceed 0.30 grams per
brake horsepower-hour. This ceiling value applies whether credits for
the family are derived from averaging, banking, or trading programs.
The NMHC FEL cap is 0.40 for model years before 2011 for manufacturers
choosing to certify to the 1.5 g/bhp-hr NOX+NMHC in 2004, as
allowed in Sec. 86.005-10.
(iii)(A) Carbon monoxide. 14.4 grams per brake horsepower-hour
(5.36 grams per megajoule).
(B) Idle Carbon Monoxide. For all Otto-cycle HDEs utilizing
aftertreatment technology, and not certified to the onboard diagnostics
requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at
curb idle.
(iv) Particulate. 0.01grams per brake horsepower-hour (0.0037grams
per megajoule).
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(1) of appendix I to this part, and measured and
calculated in accordance with the procedures set forth in subpart N or
P of this part.
(3) [Reserved]
(4) [Reserved]
(b) Evaporative emissions from heavy-duty vehicles shall not exceed
the following standards. The standards apply equally to certification
and in-use vehicles. The spitback standard also applies to newly
assembled vehicles. For certification vehicles only, manufacturers may
conduct testing to quantify a level of nonfuel background emissions for
an individual test vehicle. Such a demonstration must include a
description of the source(s) of emissions and an estimated decay rate.
The demonstrated level of nonfuel background emissions may be
subtracted from emission test results from certification vehicles if
approved in advance by the Administrator.
(1) Hydrocarbons (for vehicles equipped with gasoline-fueled,
natural gas-fueled or liquefied petroleum gas-fueled engines).
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
lbs:
(A)(1) For the full three-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 1.4 grams per
test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled
vehicles only): 1.75 grams per test.
(B) Running loss test (gasoline-fueled vehicles only): 0.05 grams
per mile.
(C) Fuel dispensing spitback test (gasoline-fueled vehicles only):
1.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater
than 14,000 lbs:
(A)(1) For the full three-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 1.9 grams per
test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled
vehicles only): 2.3 grams per test.
(B) Running loss test (gasoline-fueled vehicles only): 0.05 grams
per mile.
(2) Total Hydrocarbon Equivalent (for vehicles equipped with
methanol-fueled engines).
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
lbs:
(A)(1) For the full three-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 1.4 grams carbon
per test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 1.75 grams carbon
per test.
(B) Running loss test: 0.05 grams carbon per mile.
(C) Fuel dispensing spitback test: 1.0 grams carbon per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater
than 14,000 lbs:
(A)(1) For the full three-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 1.9 grams carbon
per test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 2.3 grams carbon
per test.
(B) Running loss test: 0.05 grams carbon per mile.
(3)(i) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of
this section refer to a composite sample of evaporative emissions
collected under the conditions and measured in accordance with the
procedures set forth in subpart M of this part.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater
than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and
(b)(2)(ii) of this section refer to the manufacturer's engineering
design evaluation using good engineering practice (a statement of which
is required in Sec. 86.098-23(b)(4)(ii)).
(4) All fuel vapor generated in a gasoline- or methanol-fueled
heavy-duty vehicle during in-use operations shall be routed exclusively
to the evaporative control system (e.g., either canister or engine
purge). The only exception to this requirement shall be for
emergencies.
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any new 2008 or later model year Otto-cycle HDE.
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures
in subpart N or P of this part to ascertain that such test engines meet
the requirements of this section.
(e) [Reserved]. For guidance see Sec. 86.099-10.
(f) Phase-in options. (1)(i) For model year 2008, manufacturers may
certify some of their engine families to the exhaust standards
applicable to model year 2007 engines under Sec. 86.005-10, in lieu of
the exhaust standards specified in this section. These engines must
comply with all other requirements applicable to model year 2008
engines, except as allowed by paragraph (f)(1)(ii) of this section. The
combined number of engines in the engine families certified to the 2007
combined NOX plus NMHC standard may not exceed 50 percent of
the manufacturer's U.S.-directed production of heavy-duty Otto-cycle
motor vehicle engines for model year 2008, except as explicitly allowed
by paragraph (f)(2) of this section.
(ii) For model year 2008, manufacturers may certify some of their
engine families to the evaporative standards applicable to model year
2007 engines under Sec. 86.005-10, in lieu of the standards specified
in this section.
[[Page 5167]]
These engines must comply with all other requirements applicable to
model year 2008 engines, except as allowed by paragraph (f)(1)(i) of
this section. The combined number of engines in the engine families
certified to the 2007 standards may not exceed 50 percent of the
manufacturer's U.S.-directed production of heavy-duty Otto-cycle motor
vehicle engines for model year 2008.
(2)(i) Manufacturers certifying engines to all of the applicable
exhaust standards listed in paragraph (a) of this section prior to
model year 2008 (without using credits) may reduce the number of
engines that are required to meet the NOX and NMHC exhaust
standards listed in paragraph (a) of this section in model year 2008
and/or 2009, taking into account the phase-in option provided in
paragraph (f)(1) of this section. For every engine that is certified
early, the manufacturer may reduce the number of engines that are
required by paragraph (f)(1) of this section to meet the NOX
and NMHC standards listed in paragraph (a) of this section by one
engine. For example, if a manufacturer produces 100 heavy-duty Otto-
cycle engines in 2007 that meet all of the applicable standards listed
in paragraph (a) of this section, and it produced 10,000 heavy-duty
Otto-cycle engines in 2009, then only 9,900 of the engines would need
to comply with the NOX and NMHC standards listed in
paragraph (a) of this section.
(ii) Manufacturers certifying engines to all of the applicable
evaporative standards listed in paragraph (b) of this section prior to
model year 2008 may reduce the number of engines that are required to
meet the evaporative standards listed in paragraph (a) of this section
in model year 2008 and/or 2009, taking into account the phase-in option
provided in paragraph (f)(1) of this section. For every engine that is
certified early, the manufacturer may reduce the number of engines that
are required by paragraph (f)(1) of this section to meet evaporative
standards listed in paragraph (b) of this section by one engine.
(3) Manufacturers certifying engines to a voluntary NOX
standard of 0.10 g/bhp-hr (without using credits) in addition to all of
the applicable standards listed in paragraphs (a) and (b) of this
section prior to model year 2008 may reduce the number of engines that
are required to meet the NOX and NMHC standards listed in
paragraph (a) of this section in model year 2008 and/or 2009, taking
into account the phase-in option provided in paragraph (f)(1) of this
section. For such every engine that is certified early, the
manufacturer may reduce the number of engines that are required by
paragraph (f)(1) of this section to meet the NOX and NMHC
standards listed in paragraph (a) of this section by two engines.
(g) For model years prior to 2012, for purposes of determining
compliance after title or custody has transferred to the ultimate
purchaser, for engines having a NOX FEL no higher than 0.50
g/bhp-hr, the applicable compliance limits for NOX and NMHC
shall be determined by adding 0.10 g/bhp-hr to the otherwise applicable
standards or FELs for NOX and NMHC.
25. A new Sec. 86.113-07 is added to subpart B to read as follows:
Sec. 86.113-07 Fuel specifications.
Section 86.113-07 includes text that specifies requirements that
differ from Sec. 86.113-94 or Sec. 86.113-04. Where a paragraph in
Sec. 86.113-94 or Sec. 86.113-04 is identical and applicable to
Sec. 86.113-07, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.113-
94.'' or ``[Reserved]. For guidance see Sec. 86.113-04.''.
(a) [Reserved]. For guidance see Sec. 86.113-04.
(b)(1) [Reserved]. For guidance see Sec. 86.113-94.
(b)(2) Petroleum fuel for diesel vehicles meeting the following
specifications, or substantially equivalent specifications approved by
the Administrator, must be used in exhaust emissions testing. The grade
of petroleum diesel fuel recommended by the engine manufacturer,
commercially designated as ``Type 2-D'' grade diesel, must be used:
----------------------------------------------------------------------------------------------------------------
Item ASTM test method No. Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number................................................. D613...................... 40-50
(ii) Cetane Index................................................. D976...................... 40-50
(iii) Distillation range:
(A) IBP.......................... deg.F..................... D86....................... 340-400
( deg.C)................... .......................... (171.1-204.4)
(B) 10 pct. point................ deg.F..................... D86....................... 400-460
( deg.C)................... .......................... (204.4-237.8)
(C) 50 pct. point................ deg.F..................... D86....................... 470-540
( deg.C)................... .......................... (243.3-282.2)
(D) 90 pct. point................ deg.F..................... D86....................... 560-630
( deg.C)................... .......................... (293.3-332.2)
(E) EP........................... deg.F..................... D86....................... 610-690
( deg.C)................... .......................... (321.1-365.6)
(iv) Gravity......................... deg.API................... D287...................... 32-37
(v) Total sulfur..................... ppm........................ D2622..................... 7-15
(vi) Hydrocarbon composition:
(A) Aromatics, minimum (Remainder pct........................ D5186..................... 27
shall be paraffins, naphthenes,
and olefins).
(vii) Flashpoint, min................ deg.F..................... D93....................... 130
( deg.C)................... .......................... (54.4)
(viii) Viscosity..................... centistokes................ D445...................... 2.0-3.2
----------------------------------------------------------------------------------------------------------------
(3) Petroleum fuel for diesel vehicles meeting the following
specifications, or substantially equivalent specifications approved by
the Administrator, shall be used in service accumulation. The grade of
petroleum diesel fuel recommended by the engine manufacturer,
commercially designated as ``Type 2-D'' grade diesel fuel, shall be
used: (b)(4) through (g) [Reserved]. For guidance see Sec. 86.113-94.
----------------------------------------------------------------------------------------------------------------
Item ASTM test method No. Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number................................................. D613...................... 38-58
[[Page 5168]]
(ii) Cetane Index................................................. D976...................... min. 40
(iii) Distillation range:
90 pct. point.................... deg.F..................... D86....................... 540-630
(iv) Gravity......................... deg.API................... D287...................... 30-39
(v) Total sulfur..................... ppm........................ D2622..................... 7-15
(vi) Flashpoint, min................. deg.F..................... D93....................... 130
( deg.C)................... .......................... (54.4)
(vii) Viscosity...................... centistokes................ D445...................... 1.5-4.5
----------------------------------------------------------------------------------------------------------------
(h)(1) For model year 2004 through 2006 Tier 2 diesel-fueled
vehicles that incorporate sulfur-sensitive technologies, the
manufacturer may test the vehicle using a test fuel meeting the
specifications listed in paragraphs (b)(2) and (b)(3) of this section,
provided the manufacturer clearly recommends to the ultimate purchaser
in the owner's manual that the vehicle should use fuel with no higher
than 15 ppm sulfur.
(2) For model year 2004 through 2006 Tier 2 diesel-fueled vehicles
that incorporate sulfur-sensitive technologies and that are certified
for 50-state sale (i.e., certified to California and EPA standards),
the manufacturer may test the vehicle using a test fuel whose
qualities, on a specification by specification basis, meet the
requirements of either the specifications listed in paragraph (b)(2) of
this section or the California test fuel specifications, provided the
manufacturer clearly recommends to the ultimate purchaser in the
owner's manual that the vehicle should use fuel with no higher than 15
ppm sulfur.
(3) Where a manufacturer uses a test fuel under paragraph (h)(1) or
(h)(2) of this section, EPA shall use the same fuel for its compliance
testing.
26. A new Sec. 86.1213-04 is added to Subpart M to read as follows:
Sec. 86.1213-04 Fuel specifications.
The test fuels listed in Sec. 86.1313-04 shall be used for
evaporative emission testing.
27. A new Sec. 86.1306-07 is added to subpart N to read as follows:
Sec. 86.1306-07 Equipment required and specifications; overview.
Section 86.1306-07 includes text that specifies requirements that
differ from Sec. 86.1306-96. Where a paragraph in Sec. 86.1306-96 is
identical and applicable to Sec. 86.1306-07, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.1306-96.''.
(a) and (b) [Reserved]. For guidance see Sec. 86.1306-96.
(c)(1) Upon request, the Administrator may allow a manufacturer to
use some of the test equipment allowed for model year 2006 and earlier
engines instead of the test equipment required for model year 2007 and
later engines, provided that good engineering judgment indicates that
it would not adversely affect determination of compliance with the
applicable emission standards of this part.
(2) A manufacturer may use the test equipment required for model
year 2007 and later engines for earlier model year engines, provided
that good engineering judgment indicates that it would not adversely
affect determination of compliance with the applicable emission
standards of this part.
(d) Approval of alternate test system. (1) If on the basis of the
information described in paragraph (d)(5) of this section, the
Administrator determines that an alternate test system would
consistently and reliably produce emission test results that are at
least equivalent to the results produced using the test systems
described in this subpart, he/she shall approve the alternate system
for optional use instead of the test systems described in this subpart.
(2) Any person may submit an application for approval of an
alternate test system.
(3) In approving an alternate test system, the Administrator may
approve it for general use, or may approve it conditionally.
(4) The Administrator may revoke the approval on the basis of new
information that indicates that the alternate test system is not
equivalent. However, revocation of approval must allow manufacturers
sufficient lead-time to change the test system to an approved system.
In determining the amount of lead-time that is required, the
Administrator will consider relevant factors such as:
(i) The ease with which the test system can be converted to an
approved system.
(ii) The degree to which the alternate system affects the measured
emission rates.
(iii) Any relevant conditions included in the approval.
(5) The application for approval must include:
(i) An explanation of the theoretical basis of the alternate
system. This technical description should explain why the detection
principle of the alternate system would provide equivalent results to
the detection principle of the prescribed system for the full range of
emission properties being measured. This description may include
equations, figures, and references. For example, a NOX
measurement application should theoretically relate the alternate
detection principle to the chemiluminescent detection principle of
detecting nitric oxide for a typical range of NO to NO2
ratios. A PM measurement application should explain the principle(s) by
which the alternate system quantifies PM mass independent of PM
composition, and how it is impacted by semi-volatile and volatile
species= phase distributions. For any proportioning or integrating
system, the application should compare the alternate system's
theoretical response to the prescribed system's response.
(ii) A technical description of the alternate system. This section
shall detail all of the hardware and software included in the alternate
system. Dimensioned drawings, flow-charts, schematics, and component
specifications shall be included. Any data manipulation (i.e.
calculations) that the system performs shall be presented in this
section.
(iii) A description of the procedures used to operate the system
including the level of training that an operator must have to achieve
acceptable results. This section of the application shall describe all
of the installation, calibration, operation, and maintenance procedures
in a step-by-step format. Note that empirical calibration with respect
to another prescribed or approved measurement system is not acceptable.
Calibration should be performed with NIST traceable standards, or
equivalent national standards. Diagrams, schematics, and other graphics
may be used to enhance the description.
[[Page 5169]]
(iv) A comparison of results from the alternate system and from the
prescribed system (or other system approved by the Administrator). The
two systems must be calibrated independently to NIST traceable
standards or equivalent national standards for this comparison. While
other statistical analyses may be acceptable, it is recommended that
the comparison be based on a minimum of 7 collocated and simultaneous
tests. This comparison shall be performed over the ``hot-start''
portion of the FTP test cycle. If the comparison is paired, it must
demonstrate that the alternate system passes a two-sided, paired t-test
described in this paragraph. If the test is unpaired, it must
demonstrate that the alternate system passes a two-sided, unpaired t-
test described in this paragraph. Other statistical criteria may be set
by the Administrator. The average of these tests for the reference
system must return results less than or equal to the applicable
emissions standard. The t-test is performed as follows, where ``n''
equals the number of tests:
(A) Calculate the average of the alternate system results; this is
Aavg.
(B) Calculate the average of the results of the system to which the
alternate system was referenced; this is Ravg.
(C) For an unpaired comparison, calculate the ``n-1'' standard
deviation for the alternate and reference averages; these are
Asd and Rsd respectively. Asd must be
less than or equal to Rsd. If Asd is greater than
Rsd, the Administrator will not approve the application.
(D) For an unpaired comparison, calculate the t-value:
tunpaired = (Aavg-Ravg)/
((Asd\2\+Rsd\2\)/n)\1/2\
(E) For a paired comparison, calculate the ``n-1'' standard
deviation (squared) of the differences, di, between the
paired results, where ``i'' represents the i\th\ test of n number of
tests:
SD\2\ = (Sdi\2\- ((Sdi)\2\/n))/
(n-1)
(F)(1) For a paired comparison, calculate the t-value:
tpaired = (Aavg-Ravg)/
(SD\2\/n)\1/2\
(2) The absolute value of t must be less than the critical t value,
tcrit at a 90% confidence interval for ``n-1'' degrees of
freedom. The following table lists 90% confidence interval
tcrit values for n-1 degrees of freedom:
------------------------------------------------------------------------
90% Confidence interval critical t values vs. n-1 degrees of freedom for
a two-sided, paired t-test
-------------------------------------------------------------------------
n -1 tcrit
------------------------------------------------------------------------
6.......................................................... 1.94
7.......................................................... 1.89
8.......................................................... 1.86
9.......................................................... 1.83
10......................................................... 1.81
11......................................................... 1.80
12......................................................... 1.78
13......................................................... 1.77
14......................................................... 1.76
15......................................................... 1.75
16......................................................... 1.75
17......................................................... 1.74
18......................................................... 1.73
19......................................................... 1.73
20......................................................... 1.72
------------------------------------------------------------------------
28. Section 86.1309-90 is amended by revising the section heading
and paragraph (a)(1) to read as follows:
Sec. 86.1309-90 Exhaust gas sampling system; Otto-cycle and non-
petroleum-fueled engines.
(a)(1) General. The exhaust gas sampling system described in this
paragraph is designed to measure the true mass of gaseous emissions in
the exhaust of either gasoline-fueled, natural gas-fueled, liquefied
petroleum gas-fueled or methanol-fueled engines. In the CVS concept of
measuring mass emissions, two conditions must be satisfied; the total
volume of the mixture of exhaust and dilution air must be measured, and
a continuously proportioned volume of sample must be collected for
analysis. Mass emissions are determined from the sample concentration
and total flow over the test period.
* * * * *
29. A new section 86.1310-07 is added to Subpart N to read as
follows:
Sec. 86.1310-2007 Exhaust gas sampling and analytical system for
gaseous emissions from heavy-duty diesel-fueled engines and particulate
emissions from all engines.
(a) General. The exhaust gas sampling system described in this
paragraph is designed to measure the true mass of both gaseous and
particulate emissions in the exhaust of heavy-duty diesel engines, and
particulate emissions in the exhaust of all heavy-duty engines.
(Gaseous emissions from non-petroleum-fueled diesel engines are
measured using the system described in Sec. 86.1309.) This system
utilizes the CVS concept (described in Sec. 86.1309) of measuring the
combined mass emissions of THC, NOX, CH4 (if
applicable) CO, CO2 and particulate matter. For all emission
measurement systems described in this section, multiple or redundant
systems may be used during a single test. Statistical averages of data
from multiple systems may be used to calculate test results, consistent
with good engineering judgment. Weighted averages are allowed, where
appropriate Statistical outliers may be discarded, but all results must
be reported. If the Administrator determines that the statistical
analysis is not consistent with good engineering judgment, he/she may
determine compliance from the arithmetic mean of the results. A
continuously integrated system may be used for THC, NOX , CO
and CO2 measurement. The use of proportional bag sampling
for sample integration is allowed for THC, NOX, CO, and
CO2 measurement, but requirements specific to bag sampling
from diesel exhaust must be met for the THC and NOX
emissions measurements. CH4 measurement for calculation of
NMHC (if applicable) is measured using GC-FID analysis of a
proportional bag sample. The mass of gaseous emissions is determined
from the sample concentration and total flow over the test period. The
mass of particulate emissions is determined from a proportional mass
sample collected on a filter and from the sample flow and total flow
over the test period. As an option, the measurement of total fuel mass
consumed over a cycle may be substituted for the exhaust measurement of
CO2. General requirements are as follows:
(1) This sampling system requires the use of a CVS The CVS system
may use a PDP or a CFV. PDP systems must use a heat exchanger. CFV
systems may use either a heat exchanger or electronic flow
compensation. When electronic flow compensation is used, the CFV may be
replaced by a subsonic venturi (SSV) as long as the CVS concept as
defined in Sec. 86.1309 is maintained (i.e., a constant volumetric
flow-rate through the CVS is maintained for the duration of the test).
Figure N07-1 is a schematic drawing of the CVS system.
(2) The THC analytical system for diesel engines requires a heated
flame ionization detector (HFID) and heated sample system (191
11 deg.C) using either:
(i) Continuously integrated measurement of diluted THC meeting the
minimum requirements and technical specifications contained in
paragraph (b)(3) of this section. Unless compensation for varying mass
flow is made, a constant mass flow system must be used to ensure a
proportional sample; or
(ii) Heated (191 11 deg.C) proportional bag sampling
systems for hydrocarbon measurement will be allowed if the bag sampling
system meets the performance specifications for outgassing and
permeability as defined in paragraph (b)(2) of this section.
[[Page 5170]]
(3) CH4 measurement, if applicable, shall be conducted
using a proportional bag sampling system with subsequent analysis using
a gas chromatograph and FID. The CH4 measurement shall be
done in accordance with SAE Recommended Practice J1151, ``Methane
Measurement Using Gas Chromatography'' (1994 SAE Handbook, Volume 1:
Materials, Fuels, Emissions, and Noise, Section 13, Page 13.170), which
is incorporated by reference pursuant to Sec. 86.1(b)(2). As an
alternative, the manufacturer may choose one of the options set forth
in Sec. 86.004-28(c)(8).
(4) [Reserved]
(5) [Reserved]
(6) The CO and CO2 analytical system requires:
(i) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311)
capabilities, as shown in Figure N07-1; or
(ii) Continuously integrated measurement of diluted CO and
CO2 meeting the minimum requirements and technical
specifications contained in paragraph (b)(5) of this section. Unless
compensation for varying flow is made, a constant flow system must be
used to ensure a proportional sample; and
(7) The NOX analytical system requires:
(i) Continuously integrated measurement of diluted NOX
meeting the minimum requirements and technical specifications contained
in paragraph (b)(5) of this section. Unless compensation for varying
flow is made, a constant flow system must be used to ensure a
proportional sample.
(ii) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311)
capabilities, as shown in Figure N07-1 (or Figure 07-2) will be allowed
provided that sample gas temperature is maintained above the sample's
aqueous dewpoint at all times during collection and analysis.
(8) The mass of particulate in the exhaust is determined via
filtration. The particulate sampling system requires dilution of the
exhaust to a temperature of 47 deg.C 5 deg.C, measured
upstream of a single high-efficiency sample filter (as close to the
filter as practical).
(9) Since various configurations can produce equivalent results,
exact conformance with these drawings is not required. Additional
components such as instruments, valves, solenoids, pumps, and switches
may be used to provide additional information and coordinate the
functions of the components of the system. Other components, such as
snubbers, which are not needed to maintain accuracy on some systems,
may be excluded if their exclusion is based upon good engineering
judgment.
(10) Other sampling and/or analytical systems may be used if shown
to yield equivalent results and if approved in advance by the
Administrator (see Sec. 86.1306-07).
(b) Component description. The components necessary for exhaust
sampling shall meet the following requirements:
(1) Exhaust dilution system. The CVS shall conform to all of the
requirements listed for the exhaust gas CVS systems in Sec. 86.1309(b),
(c), and (d). With respect to PM measurement, the intent of this
measurement procedure is to perform the sample cooling primarily via
dilution and mixing with air rather than via heat transfer to the
surfaces of the sampling system. In addition the CVS must conform to
the following requirements:
(i) The flow capacity of the CVS must be sufficient to maintain the
diluted exhaust stream at the temperatures required for the measurement
of particulate and hydrocarbon emission noted below and at, or above,
the temperatures where aqueous condensation in the exhaust gases could
occur. This is achieved by the following method. The flow capacity of
the CVS must be sufficient to maintain the diluted exhaust stream in
the primary dilution tunnel at a temperature of 191 deg.C or less at
the sampling zone and as required to prevent condensation at any point
in the dilution tunnel. Gaseous emission samples may be taken directly
from this sampling point. An exhaust sample must then be taken at this
point to be diluted a second time for use in determining particulate
emissions. The secondary dilution system must provide sufficient
secondary dilution air to maintain the double-diluted exhaust stream at
a temperature of 47 C 5 C, measured at a point located
between the filter face and 16 cm upstream of the filter face.
(ii) For the CVS , either a heat exchanger (i.e. CFV-CVS) or
electronic flow compensation (i.e. EFC-CFV-CVS), which also includes
the particulate sample flows is required Refer to Figure N07-1.
(iii) When a heat exchanger is used, the gas mixture temperature,
measured at a point immediately ahead of the critical flow venturi,
shall be within 11 deg.C of the average operating
temperature observed during the test with the simultaneous requirement
that aqueous condensation does not occur. The temperature measuring
system (sensors and readout) shall have an accuracy and precision of
1.9 deg.C. For systems utilizing a flow compensator to
maintain proportional sampling, the requirement for maintaining
constant temperature is not necessary.
(iv) The primary dilution air and secondary dilution air:
(A) Shall have a primary and secondary dilution air temperature
equal to or greater than 15 deg.C.
(B) Primary dilution air shall be filtered at the dilution air
inlet. The manufacturer of the primary dilution air filter shall state
that the filter design has successfully achieved a minimum particle
removal efficiency of 98% (less than 0.02 penetration) as determined
using ASTM test method F 1471-93 (incorporated by reference at section
86.1). Secondary dilution air shall be filtered at the dilution air
inlet using a high-efficiency particulate air filter (HEPA). The HEPA
filter manufacturer shall state the HEPA filter design has successfully
achieved a minimum particle removal efficiency of 99.97% (less than
0.0003 penetration) as determined using ASTM test method F 1471-93. It
is recommended that the primary dilution air be filtered using a HEPA
filter. EPA intends to utilize HEPA filters to condition primary
dilution air in its test facilities. It is acceptable to use of a
booster blower upstream or downstream of a HEPA filter in the primary
dilution tunnel (and upstream of the introduction of engine exhaust
into the CVS) to compensate for the additional pressure loss associated
with the filter. The design of any booster blower located downstream of
the filter should minimize the introduction of additional particulate
matter into the CVS.
(C) Primary dilution air may be sampled to determine background
particulate levels, which can then be subtracted from the values
measured in the diluted exhaust stream. In the case of primary dilution
air, the background particulate filter sample shall be taken
immediately downstream of the dilution air filter and upstream of the
engine exhaust flow (Figure N07-1). The provisions of paragraphs (b)(7)
of this section, and of Sec. 86.1312-2007 also apply to the measurement
of background particulate matter, except that the filter temperature
must be maintained below 52 deg.C.
(2) Heated proportional bag sampling systems. If a heated (191
11 deg.C) proportional bag sampling system is used for
THC measurement, sample bags must demonstrate minimal outgassing and
permeability by passing the following performance test:
(i) Performance test for sample bag HC outgassing and
CO2 permeability. Bring the bag system to its operational
temperature. Fill the heated sample bag with a nominal mixture of 1%
CO2 in
[[Page 5171]]
N2. Perform an initial measurement of CO2 and THC
from the sample bag, and repeat the measurement after one hour.
Acceptable performance criteria are
2% decrease of the initial CO2 reading and 1 ppmC THC.
(ii) [Reserved]
(3) Continuous HC measurement system. (i) The continuous HC sample
system (as shown in Figure N07-1) uses an ``overflow'' zero and span
system. In this type of system, excess zero or span gas spills out of
the probe when zero and span checks of the analyzer are made. The
``overflow'' system may also be used to calibrate the HC analyzer per
Sec. 86.1321(b), although this is not required.
(ii) No other analyzers may draw a sample from the continuous HC
sample probe, line or system, unless a common sample pump is used for
all analyzers and the sample line system design reflects good
engineering practice.
(iii) The overflow gas flow rates into the sample line shall be at
least 105% of the sample system flow rate.
(iv) The overflow gases shall enter the heated sample line as close
as practicable to the outside surface of the CVS duct or dilution
tunnel.
(v) The continuous HC sampling system shall consist of a probe
(which must raise the sample to the specified temperature) and, where
used, a sample transfer system (which must maintain the specified
temperature). The continuous hydrocarbon sampling system (exclusive of
the probe) shall:
(A) Maintain a wall temperature of 191 deg.C 11 deg.C
as measured at every separately controlled heated component (i.e.,
filters, heated line sections), using permanent thermocouples located
at each of the separate components.
(B) Have a wall temperature of 191 deg.C 11 deg.C over
its entire length. The temperature of the system shall be demonstrated
by profiling the thermal characteristics of the system at initial
installation and after any major maintenance performed on the system.
The temperature profile of the HC sampling system shall be demonstrated
by inserting thermocouple wires (typically Teflon\TM\ coated for ease
of insertion) into the sampling system assembled in-situ where
possible, using good engineering judgment. The wire should be inserted
up to the HFID inlet. Stabilize the sampling system heaters at normal
operating temperatures. Withdraw the wires in increments of 5 cm to 10
cm (2 inches to 4 inches) including all fittings. Record the stabilized
temperature at each position. The system temperature will be monitored
during testing at the locations and temperature described in
Sec. 86.1310-90(b)(3)(v)(A).
Note: It is understood that profiling of the sample line can be
done under flowing conditions also as required with the probe. This
test may be cumbersome if test facilities utilize long transfer
lines and many fittings; therefore it is recommended that transfer
lines be kept as short as possible and the use of fittings should be
kept minimal.
(C) Maintain a gas temperature of 191 deg.C 11 deg.C
immediately before the heated filter and HFID. These gas temperatures
will be determined by a temperature sensor located immediately upstream
of each component.
(vi) The continuous hydrocarbon sampling probe shall:
(A) Be defined as the first 25.4 cm (10 in) to 76.2 cm (30 in) of
the continuous hydrocarbon sampling system;
(B) Have a 0.483 cm (0.19 in) minimum inside diameter;
(C) Be installed in the primary dilution tunnel at a point where
the dilution air and exhaust are well mixed (i.e., approximately 10
tunnel diameters downstream of the point where the exhaust enters the
dilution tunnel);
(D) Be sufficiently distant (radially) from other probes and the
tunnel wall so as to be free from the influence of any wakes or eddies;
and
(E) Increase the gas stream temperature to 191 deg.C
11 deg.C by the exit of the probe. The ability of the probe to
accomplish this shall be demonstrated at typical sample flow rates
using the insertion thermocouple technique at initial installation and
after any major maintenance. Compliance with the temperature
specification shall be demonstrated by monitoring during each test the
temperature of either the gas stream or the wall of the sample probe at
its terminus.
(vii) The response time of the continuous measurement system shall
be no greater than:
(A) 1.5 seconds from an instantaneous step change at the port
entrance to the analyzer to within 90 percent of the step change;
(B) 10 seconds from an instantaneous step change at the entrance to
the sample probe or overflow span gas port to within 90 percent of the
step change. Analysis system response time shall be coordinated with
CVS flow fluctuations and sampling time/test cycle offsets if
necessary; and
(C) For the purpose of verification of response times, the step
change shall be at least 60 percent of full-scale chart deflection.
(4) Primary-dilution tunnel. (i) The primary dilution tunnel shall
be:
(A) Small enough in diameter to cause turbulent flow (Reynolds
Number greater than 4000) and of sufficient length to cause complete
mixing of the exhaust and dilution air. Good engineering judgment shall
dictate the use of mixing plates and mixing orifices to ensure a well-
mixed sample. To verify mixing, EPA recommends flowing a tracer gas
(i.e. propane or CO2) from the raw exhaust inlet of the
dilution tunnel and measuring its concentration at several points along
the axial plane at the sample probe. Tracer gas concentrations should
remain nearly constant (i.e. within 2%) between all of these points.
(B) At least 8 inches (20 cm) in diameter.
(C) Constructed of electrically conductive material which does not
react with the exhaust components.
(D) Electrically grounded.
(E) EPA recommends that the tunnel should have minimal thermal
capacitance such that the temperature of the walls tracks with the
temperature of the diluted exhaust.
(ii) The temperature of the diluted exhaust stream inside of the
primary dilution tunnel shall be sufficient to prevent water
condensation.
(iii) The engine exhaust shall be directed downstream at the point
where it is introduced into the primary dilution tunnel.
(5) Continuously integrated NOX, CO, and CO2 measurement
systems. (i) The sample probe shall:
(A) Be in the same plane as the continuous HC probe, but shall be
sufficiently distant (radially) from other probes and the tunnel wall
so as to be free from the influences of any wakes or eddies; and
(B) Heated and insulated over the entire length, to prevent water
condensation, to a minimum temperature of 131 deg.F (55 deg. C). Sample
gas temperature immediately before the first filter in the system shall
be at least 131 deg. F (55 deg. C).
(ii) The continuous NOX, CO, or CO2 sampling and
analysis system shall conform to the specifications of subpart D of
this part, with the following exceptions:
(A) The system components required to be heated by subpart D need
only be heated to prevent water condensation, the minimum component
temperature shall be 131 deg. F (55 deg. C);
(B) The system response defined in Sec. 86.329-79 shall be no
greater than 10 seconds. Analysis system response time shall be
coordinated with CVS flow fluctuations and sampling time/test cycle
offsets, if necessary;
(C) Alternative NOX measurement techniques outlined in
Sec. 86.346-79 are
[[Page 5172]]
not permitted for NOX measurement in this subpart;
(D) All analytical gases shall conform to the specifications of
Sec. 86.1314;
(E) Any range on a linear analyzer below 100 ppm shall have and use
a calibration curve conforming to Sec. 86. 1323-07; and
(F) The measurement accuracy requirements are specified in Sec. 86.
1338-07 .
(iii) The signal output of analyzers with non-linear calibration
curves shall be converted to concentration values by the calibration
curve(s) specified in subpart D of this part (Sec. 86.330-79) before
flow correction (if used) and subsequent integration takes place.
(6) Particulate sampling system. This method collects a
proportional sample from the primary tunnel, and then transfers this
sample to a secondary dilution tunnel where the sample is further
diluted. The double-diluted sample is then passed through the
collection filter. Proportionality (i.e., mass flow ratio) between the
primary tunnel flow rate and the sample flow rate must be maintained
within 5%, excluding the first 10 seconds of the test at
start-up. The requirements for this system are:
(i) The particulate sample transfer tube shall be configured and
installed so that:
(A) The inlet faces upstream in the primary dilution tunnel at a
point where the primary dilution air and exhaust are well mixed.
(B) The particulate sample exits on the centerline of the secondary
tunnel.
(ii) The entire particulate sample transfer tube shall be:
(A) Sufficiently distant (radially) from other sampling probes (in
the primary dilution tunnel) so as to be free from the influence of any
wakes or eddies produced by the other probes.
(B) 0.85 cm minimum inside diameter.
(C) No longer than 36 in (91 cm) from inlet plane to exit plane.
(D) Designed to minimize the diffusional and thermophoretic
deposition of particulate matter during transfer (i.e., sample
residence time in the transfer tube should be as short as possible,
temperature gradients between the flow stream and the transfer tube
wall should be minimized). Double-wall, thin-wall, air-gap insulated,
or a controlled heated construction for the transfer tube is
recommended.
(E) Constructed such that the surfaces exposed to the sample shall
be an electrically conductive material, which does not react with the
exhaust components, and this surface shall be electrically grounded so
as to minimize electrostatic particulate matter deposition.
(iii) The secondary dilution air shall be at a temperature equal to
or greater than 15 deg. C.
(iv) The secondary-dilution tunnel shall be constructed such that
the surfaces exposed to the sample shall be an electrically conductive
material, which does not react with the exhaust components, and this
surface shall be electrically grounded so as to minimize electrostatic
particulate deposition.
(v) Additional dilution air must be provided so as to maintain a
sample temperature of 47 deg. C 5 deg. C upstream of the
sample filter. Temperature shall be measured with a thermocouple with a
\3/16\" shank, having thermocouple wires with a gage diameter 24 AWG or
smaller, a bare-wire butt-welded junction; or other suitable
temperature measurement with an equivalent or faster time constant and
an accuracy and precision of 1.9 deg. C.
(vi) The filter holder assembly shall be located within 12.0 in
(30.5 cm) of the exit of the secondary dilution tunnel.
(vii) The face velocity through the sample filter shall not exceed
100 cm/s (face velocity is defined as the standard volumetric sample
flow rate (i.e., scm3/sec) divided by the sample filter stain area
(i.e., cm2)).
(7) Particulate sampling. (i) Filter specifications. (A)
Polytetrafluoroethylene (PTFE or Teflon\TM\) coated borosilicate glass
fiber high-efficiency filters or polytetrafluoroethylene (PTFE or
Teflon\TM\) high-efficiency membrane filters with an integral support
ring of polymethylpentene (PMP) or equivalent inert material are
required. Filters shall have a minimum clean filter efficiency of 99%
as measured by the ASTM D2986-95a DOP test (incorporated by reference
at Sec. 86.1).
(B) Particulate filters must have a diameter of 46.50
0.6 mm ( 38 mm minimum stain diameter).
(C) The dilute exhaust is simultaneously sampled by a single high-
efficiency filter during the cold-start test and by a second high
efficiency filter during the hot-start test.
(D) It is recommended that the filter loading should be maximized
consistent with temperature requirements.
(ii) Filter holder assembly. The filter holder assembly shall
comply with the specifications set forth for ambient PM measurement in
40 CFR Part 50, Appendix L 7.3.5, figures L-25 and L-26, with the
following exceptions:
(A) The material shall be 302, 303, or 304 stainless steel instead
of anodized aluminum.
(B) The 2.84 cm diameter entrance to the filter holder may be
adapted, using sound engineering judgment and leak-free construction,
to an inside diameter no smaller than 0.85 cm, maintaining the
12.5 deg. angle from the inlet of the top filter holder to the area
near the sealing surface of the top of the filter cartridge assembly.
Figure N07-2 shows acceptable variation from the design in 40 CFR Part
50, Appendix L. Similar variations using sound engineering design are
also acceptable provided that they provide even flow distribution
across the filter media and a similar leak-free seal with the filter
cartridge assembly.
(C) If additional or multiple filter cartridges are stored in a
particulate sampler as part of an automatic sequential sampling
capability, all such filter cartridges, unless they are installed in
the sample flow (with or without flow established) shall be covered or
sealed to prevent communication of semi-volatile matter from filter to
filter; contamination of the filters before and after sampling; or loss
of volatile or semi-volatile particulate matter after sampling.
(iii) Filter cartridge assembly. The filter cartridge assembly
shall comply with the specifications set forth for ambient PM
measurement in 40 CFR Part 50, Appendix L 7.3.5, figures L-27, L-28,
and L-29, with the following exceptions:
(A) In addition to the specified Delrin TM material,
302, 303, or 304 stainless steel, polycarbonate or acrylonitrile/
butadiene/styrene (ABS) resin, or a combination of these materials may
also be used.
(B) A bevel introduced on the inside diameter of the entrance to
the filter cartridge, as used by some commercially available automated
sequential particulate filter cartridge changers, is also acceptable
(see Figure N07-3).
(iv) Particle preclassifier. A particle preclassifier shall be
installed immediately upstream of the filter holder assembly (N07-1).
The purpose of the preclassifier is to remove coarse, mechanically
generated particles (e.g., rust from the engine exhaust system or
carbon sheared from the sampling system walls) from the sample flow
stream while allowing combustion-generated particles to pass through to
the filter. The preclassifier may be either an inertial impactor or a
cyclonic separator. The preclassifier manufacturer 50% cutpoint
particle diameter shall be between 2.5 m and 10 m at
the volumetric flow rate selected for sampling of particulate matter
emissions. Sharpness of cut is not specifically defined, but the
[[Page 5173]]
preclassifier geometry shall allow at least 99% of the mass
concentration of 1 m particles to pass through the exit of the
preclassifier to the filter at the volumetric flow rate selected for
sampling particulate matter emissions. Periodic servicing of the
preclassifier will be necessary to prevent a buildup of mechanically
separated particles. The particle preclassifier may be made integral
with the top of the filter holder assembly. The preclassifier may also
be made integral with a mixing-tee for introduction of secondary
dilution air, thus replacing the secondary dilution tunnel; provided
that the preclassifier provides sufficient mixing.
BILLING CODE 6560-50-P
[[Page 5174]]
[GRAPHIC] [TIFF OMITTED] TR18JA01.008
[[Page 5175]]
[GRAPHIC] [TIFF OMITTED] TR18JA01.009
[[Page 5176]]
[GRAPHIC] [TIFF OMITTED] TR18JA01.010
BILLING CODE 6560-50-C
[[Page 5177]]
30. A new section 86.1312-2007 is added to Subpart N to read as
follows:
Sec. 86.1312-2007 Filter stabilization and microbalance workstation
environmental conditions, microbalance specifications, and particulate
matter filter handling and weighing procedures.
(a) Ambient conditions for filter stabilization and weighing.--(1)
Temperature and humidity. (i) The filter stabilization environment
shall be maintained at 22 deg.C 3 deg.C and a dewpoint
of 9.5 deg.C 1 deg.C. Dewpoint shall be measured with an
instrument that exhibits an accuracy of at least 0.25
deg.C NIST traceable as stated by the instrument manufacturer.
Temperature shall be measured with an instrument that exhibits an
accuracy of at least 0.2 deg.C or better.
(ii) The immediate microbalance workstation environment shall be
maintained at 22 deg.C 1 deg.C and a dewpoint of 9.5
deg.C 1 deg.C. If the microbalance workstation
environment freely circulates with the filter stabilization
environment, and this entire environment meets 22 deg.C 1
deg.C and a dewpoint of 9.5 deg.C 1 deg.C , then there
is no requirement to measure temperature and dewpoint at the
microbalance separate from the filter stabilization location.
Otherwise, temperature at the microbalance workstation shall be
measured with an instrument that exhibits an accuracy of at least
0.2 deg.C or better, and dewpoint shall be measured with an
instrument that exhibits an accuracy of at least 0.25
deg.C NIST traceable as stated by the instrument manufacturer.
(2) Cleanliness. (i) The microbalance and filter stabilization
environments shall be free of ambient contaminants (such as dust or
other aerosols) that could settle on the particulate filters. It is
recommended that these environments be built to conform with the Class
1000 specification (or cleaner) as determined by Federal Standard 209D
or 209E for clean room classification (Available from the Institute of
Environmental Standards and Technology website at www.iest.org or phone
(847) 255-1561). An alternative recommendation would be to equilibrate
and/or weigh the filters within a separate, smaller, particle-free,
temperature and humidity-controlled chamber (i.e., ``glove box'').
(ii) Reference filters shall be used to monitor for gross particle
contamination. It is required that at least two unused reference
filters remain in the filter stabilization environment at all times in
partially covered glass petri dishes, as in paragraph (c) (1) of this
section. These reference filters shall be placed in the filter
stabilization environment. The reference filters shall be weighed
within 2 hours of, but preferably at the same time as, the sample
filters. The reference filters shall be changed at least once a month,
but never while any sample filters are between their tare weight (pre-
sampling) and gross weight (post-sampling) measurements. The reference
filters shall be the same size and material as the sample filters.
(3) Quality control of ambient conditions. (i) If, before the start
of a weighing session, the temperature or dewpoint of the filter
stabilization environment are not within specifications, then filters
must remain in the environment for at least 30 minutes after conditions
are corrected. If the filter stabilization environment changes during a
weighing session such that the specifications are no longer met, the
weighing session shall be suspended until the environment has returned
to within specifications for at least 30 minutes. Once the environment
has returned to within specifications for at least 30 minutes, the
reference filters shall be reweighed and the criteria in paragraph
(a)(3)(ii) of this section shall apply. Note that temperature and
dewpoint shall be sampled once per second, and an unweighted 5-minute
moving average of this data shall be calculated once per second. This
moving average shall be used to determine the environment temperature
and dewpoint for the purpose of determining whether or not the
environment is within specifications.
(ii) If the average change in weight of the reference filters is
more than 10 micrograms (after correcting for buoyancy as described in
paragraph (c)(3) of this section), then all filters in the process of
stabilization shall be discarded and all data collected with respect to
the discarded filters shall be considered void. Note that more than 2
reference filters may be used to achieve a more robust average of the
change in weight of the reference filters.
(b) Microbalance specifications. The microbalance used to determine
the weights of all filters shall have a precision (standard deviation)
of at least 0.25 micrograms or better for repeated weighing
of a calibration weight, a precision of at least 2.5
micrograms or better for repeated weighing of a clean filter, and a
readability equal to or less than 0.1 micrograms. It is recommended
that the microbalance be installed on a vibration isolation platform to
isolate the microbalance's load cell from external vibration. It is
also recommended that the microbalance should be shielded from
convective airflow by means of an electrically grounded static
dissipative draft shield. Microbalance manufacturer specifications for
all preventive maintenance, periodic certification, calibration, and
re-zeroing shall be followed. All certification and calibration
procedures shall be NIST traceable, or traceable to an equivalent
national standard.
(c) Particulate matter filter handling and weighing. Care should be
taken to prevent contamination of the sample filters and to prevent a
buildup of static charge on the filters that could interfere with
filter weighing. Static neutralizers, such as Po-210 sources, shall be
used to neutralize charge on a filter prior to each weighing. A static
neutralizer should be replaced at the interval recommended by its
manufacturer, or when it is no longer able to reduce static charge on a
filter to less than 2 VDC as measured with an electrostatic
monitor at the microbalance workstation. The person weighing filters
shall be grounded with respect to the microbalance to prevent imparting
a static charge on the filters. This can be accomplished safely by
using a grounding strap such as the wrist straps that are commonly used
in the microelectronics industry, or by connecting a similar grounding
strap to the tweezers. To prevent electrical shock, a 1-megohm resistor
should be installed in series between the person weighing filters and
ground.
(1) Within the filter stabilization environment, a pair of clean
and electrically conductive tweezers shall be used to place a filter in
the lower half of a filter cassette and the cassette shall be placed in
a partially open glass petri dish. The petri dish lid should extend
over the filter to prevent gross contamination, but it should be left
slightly open on one edge to permit stabilization with the environment
for at least 30 minutes.
(2) After at least 30 minutes of stabilization, each filter shall
be weighed using the specified microbalance. The process of weighing a
filter may be repeated and a statistical mean weight of a single filter
may be calculated. Sound engineering judgment shall dictate the use of
statistics to discard outliers and the weighting of averages. For a
clean filter its single weight or statistical mean weight shall be
considered the uncorrected tare weight of the filter.
(3) All filter weights shall be corrected for filter buoyancy in
air. For the uncorrected tare weight of a filter, this calculated value
is the corrected tare weight of the filter, and it must be recorded
(see Sec. 86.1344(e)(18)).
[[Page 5178]]
Barometric pressure of the microbalance environment shall be measured
with an instrument that exhibits 0.01% full-scale accuracy
and 0.01% per-year full scale stability, and the full-scale value used
for such a specification shall not exceed 200 kPa.
(i) Buoyancy correction calculation. (A) Calculate vapor pressure
of liquid water using the dewpoint temperature in the Magnus formula:
Pw = 0.6113 x 10 ((7.5 x Tdp)/
(237.3 + Tdp))
Where:
Pw=vapor pressure of liquid water, kPa.
Tdp=dewpoint temperature, deg.C.
(B) Calculate air density using the ideal gas relationship and
molecular weights of standard air and water:
A=(3.484 x P-1.317 x Pw)/(T+273.15)
Where:
A=air density, kg/m\3\.
P=barometric pressure, kPa.
Pw=vapor pressure of liquid water, kPa.
T=temperature, deg.C.
(C) Buoyancy correction:
M=R x (1-(A/w))/(1-(A/s)).
Where:
M=corrected mass in units of the balance display.
R=uncorrected filter weight in units of the balance display.
A=calculated air density, kg/m\3\.
w=density of calibration weight used to
calibrate the balance, kg/m\3\.
s=density of filter material used to sample PM
emissions, kg/m\3\.
(ii) For determining s note that PTFE
(Teflon\TM\) and borosilicate glass both have densities in the range of
2,200 to 2,400 kg/m\3\. Therefore, for PTFE-coated borosilicate glass
fiber filters, an acceptable s is 2,300 kg/m\3\.
Note also that polymethylpentene has a density of 850 kg/m\3\. Because
Teflon PTFE membrane filters have an integral polymethylpentene support
ring that accounts for 95% of the filter mass, an acceptable
s for these filters is 920 kg/m\3\. Other
s values for other filters may be obtained
similarly. Information about ``s should be
available from the calibration weight manufacturer.
(iii) This paragraph (c)(3)(iii) shows an example of the buoyancy
correction. This example assumes the following inputs: Barometric
pressure (P)=101.325 kPa, temperature (T)=22.0 deg.C, dewpoint
temperature (Tdp)=9.5 deg.C, balance display (R)=100.0000
mg, calibration weight density (w)=8,000 kg/m\3\,
and filter material density (s)=2,300 kg/m\3\.
Then:
(A) The water vapor pressure (Pw) is calculated as:
Pw = 0.6113 x 10 ((7.5 x 9.5)/(237.3 + 9.5)) = 1.186
kPa.
(B) The air density (A) is calculated as:
A = (3.484 x 101.325 - 1.317 x 1.186)/(22.0 + 273.15) = 1.191 kg/
m\3\.
(C) The corrected mass (M) is calculated as:
M=100.0000 x (1 - (1.191/8000))/(1 - (1.191/2300)) = 100.0369 mg.
(4) The uncorrected weight, corrected weight, barometric pressure,
temperature and humidity, of the filter shall be recorded. Afterward
the filter shall be returned to the lower half of the filter cassette,
and the upper half of the cassette shall be set in place. The cassette-
with filter-shall then be stored in a covered glass petri dish or a
sealed (i.e., ends plugged) filter holder assembly, either of which
shall remain in the filter stabilization environment until needed for
testing. It is recommended that the filter be transported between the
filter stabilization environment and the location of the emissions test
within a sealed filter holder assembly.
(5) After the emissions test, the filter cassette shall be removed
from the filter holder assembly. If this removal is performed in the
filter stabilization environment, the upper half of the cassette shall
be removed using a properly designed separator tool, the lower half of
the cassette-with filter-shall be placed in a partially covered petri
dish, and allowed to stabilize for at least 30 minutes. Otherwise, the
cassette and filter shall be placed in a closed petri dish until it can
be returned to the filter stabilization environment. Once the closed
petri dish is returned to the filter stabilization environment, the
petri dish shall be opened, the upper half of the cassette shall be
removed using a properly designed separator tool, the lower half of the
cassette-with filter-shall be placed in a partially covered petri dish,
and allowed to stabilize for at least one hour.
(6) After at least 30 minutes, but no more than 60 hours of
stabilization, each filter may be weighed using the specified
microbalance. The process of weighing a filter may be repeated and a
statistical mean may be calculated. Sound engineering judgment shall
dictate the use of statistics to discard outliers and the weighting of
averages. For a used filter, its single weight or statistical mean
weight shall be identified as the uncorrected gross weight of the
filter. The uncorrected gross weight shall be corrected for filter
buoyancy using the procedure in (c)(3) of this section. The uncorrected
gross filter weight, corrected gross filter weight, barometric
pressure, temperature, and dewpoint shall be recorded.
(7) The net particulate matter weight (Pf) of each filter shall be
equal to the corrected gross filter weight minus the corrected tare
filter weight.
(8) Should the particulate matter on the filters contact the petri
dish, tweezers, microbalance or any other surface, the data with
respect to that filter is void.
31. A new Sec. 86.1313-2004 is added to subpart N to read as
follows:
Sec. 86.1313-2004 Fuel specifications.
Section 86.1313-04 includes text that specifies requirements that
differ from Sec. 86.1313-94 and Sec. 86.1313-98. Where a paragraph in
Sec. 86.1313-94 or Sec. 86.1313-98 is identical and applicable to
Sec. 86.1313-04, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see
Sec. 86.1313-94.'' or ``[Reserved]. For guidance see Sec. 86.1313-
98.''.
(a) Gasoline fuel. (1) Gasoline having the following specifications
will be used by the Administrator in exhaust and evaporative emission
testing of petroleum-fueled Otto-cycle engines, except that the
Administrator will not use gasoline having a sulfur specification
higher than 0.0045 weight percent. Gasoline having the following
specification or substantially equivalent specifications approved by
the Administrator, must be used by the manufacturer in exhaust and
evaporative testing except that octane specifications do not apply:
----------------------------------------------------------------------------------------------------------------
Item ASTM test method No. Value
----------------------------------------------------------------------------------------------------------------
(i) Octane, Research, Min.............. D2699 93
(ii) Sensitivity, Min.................. .......................... 7.5
(iii) Lead (organic), maximum: g/U.S. D3237 0.050 (0.013)
gal. (g/liter).
(iv) Distillation Range:............... D86
(A) IBP \1\: deg.F ( deg.C)........... .......................... 75-95 (23.9-35)
(B) 10 pct. point: deg.F ( deg.C)..... .......................... 120-135 (48.9-57.2)
[[Page 5179]]
(C) 50 pct. point: deg.F ( deg.C)..... .......................... 200-230 (93.3-110)
(D) 90 pct. point: deg.F ( deg.C)..... .......................... 300-325 (148.9-162.8)
(E) EP, max: deg.F ( deg.C)........... .......................... 415 (212.8)
(v) Sulfur, weight pct................. D1266 0.0015-0.008
(vi) Phosphorous, max. g/U.S. gal (g/ D3231 0.005 (0.0013)
liter).
(vii) RVP \2\, \3\..................... D3231 8.7-9.2 (60.0-63.4)
(viii) Hydrocarbon composition:........ D1319
(A) Olefins, max. pct.................. .......................... 10
(B) Aromatics, max, pct................ .......................... 35
(C) Saturates.......................... .......................... Remainder
----------------------------------------------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m (4000 feet), the specified range is 75-105 deg. F (23.9-40.6 deg. C).
\2\ For testing which is unrelated to evaporative emission control, the specified range is 8.0-9.2 psi (55.2-
63.4 kPa).
\3\ For testing at altitudes above 1,219 m (4000 feet), the specified range is 7.6-8.0 psi (52-55 kPa).
(2) For engines certified for sale in the 50 United States,
``California Phase 2'' gasoline having the specifications listed in the
table in this section may be used in exhaust emission testing as an
option to the specifications in paragraph (a)(1) of this section. If a
manufacturer elects to utilize this option, the manufacturer must
conduct exhaust emission testing with gasoline having the
specifications listed in the table in this paragraph (a)(2). However,
the Administrator may use or require the use of test fuel meeting the
specifications in paragraph (a)(1) of this section for certification
confirmatory testing, selective enforcement auditing and in-use
testing. All fuel property test methods for this fuel are contained in
Chapter 4 of the California Regulatory Requirements Applicable to the
National Low Emission Vehicle Program (October, 1996). These
requirements are incorporated by reference (see Sec. 86.1). The table
follows:
----------------------------------------------------------------------------------------------------------------
Fuel property Limit
----------------------------------------------------------------------------------------------------------------
(i) Octane, (R+M)/2 (min)................. 91
(ii) Sensitivity (min).................... 7.5
(iii) Lead, g/gal (max) (No lead added)... 0-0.01
(iv) Distillation Range, deg.F:.......... ....................................................................
(A) 10 pct. point,........................ 130-150
(B) 50 pct. point,........................ 200-210
(C) 90 pct. point,........................ 290-300
(D) EP, maximum........................... 390
(v) Residue, vol % (max).................. 2.0
(vi) Sulfur, ppm by wt.................... 15-40, except that Administrator may use and approve for use, lower
ranges where such ranges are consistent with current California
requirements.
(vii) Phosphorous, g/gal (max)............ 0.005
(viii) RVP, psi........................... 6.7-7.0
(ix) Olefins, vol %....................... 4.0-6.0
(x) Total Aromatic Hydrocarbons (vol %)... 22-25
(xi) Benzene, vol %....................... 0.8-1.0
(xii) Multi-Substituted Alkyl Aromatic 12-14
Hydrocarbons, vol %.
(xiii) MTBE, vol %........................ 10.8-11.2
(xiv) Additives........................... See Chapter 4 of the California Regulatory Requirements Applicable
to the National Low Emission Vehicle Program (October, 1996). These
procedures are incorporated by reference (see Sec. 86.1).
(xv) Copper Corrosion..................... No. 1
(xvi) Gum, Washed, mg/100 ml (max)........ 3.0
(xvii) Oxidation Stability, minutes (min). 1000
(xviii) Specific Gravity.................. No limit; report to purchaser required
(xix) Heat of Combustion.................. No limit; report to purchaser required
(xx) Carbon, wt %......................... No limit; report to purchaser required
(xxi) Hydrogen, wt %...................... No limit; report to purchaser required
----------------------------------------------------------------------------------------------------------------
(3)(i) Unless otherwise approved by the Administrator, unleaded
gasoline representative of commercial gasoline that will be generally
available through retail outlets must be used in service accumulation.
Unless otherwise approved by the Administrator, this gasoline must have
a minimum sulfur content of 15 ppm. Unless otherwise approved by the
Administrator, fuel used for evaporative emission durability
demonstration must contain ethanol as required by Sec. 86.1824-
01(a)(2)(iii). Leaded gasoline must not be used in service
accumulation.
(ii) Unless otherwise approved by the Administrator, the octane
rating of the gasoline used must be no higher than 1.0 Retail octane
number above the lowest octane rating that meets the fuel grade the
manufacturer will recommend to the ultimate purchaser for the relevant
production vehicles. If the manufacturer recommends a Retail octane
number rather than a fuel grade, then the octane rating of the service
accumulation gasoline can be no higher than 1.0 Retail octane number
above the recommended Retail octane number. The service accumulation
gasoline must
[[Page 5180]]
also have a minimum sensitivity of 7.5 octane numbers, where
sensitivity is defined as the Research octane number minus the Motor
octane number.
(iii) The Reid Vapor Pressure of the gasoline used must be
characteristic of the motor fuel used during the season in which the
service accumulation takes place.
(4) The specification range of the gasoline to be used under
paragraph (a) of this section must be reported in accordance with
Sec. 86.094-21(b)(3).
(b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313-
94.
(b)(2) [Reserved]. For guidance see Sec. 86.1313-98.
(b)(3) through (g) [Reserved]. For guidance see Sec. 86.1313-94.
32. A new Sec. 86.1313-2007 is added to Subpart N to read as
follows:
Sec. 86.1313-2007 Fuel specifications.
Section 86.1313-2007 includes text that specifies requirements that
differ from Sec. 86.1313-94 and Sec. 86.1313-2004. Where a paragraph in
Sec. 86.1313-94 or Sec. 86.1313-2004 is identical and applicable to
Sec. 86.1313-2007, this may be indicated by specifying the
corresponding paragraph and the statement ``[Reserved]. For guidance
see Sec. 86.1313-94.'' or ``[Reserved]. For guidance see Sec. 86.1313-
04.''.
(a) [Reserved]. For guidance see Sec. 86.1313-2004.
(b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313-
94.
(b)(2) Petroleum fuel for diesel engines meeting the specifications
in Table N07-2, or substantially equivalent specifications approved by
the Administrator, shall be used in exhaust emissions testing. The
grade of petroleum fuel used shall be commercially designated as ``Type
2-D'' grade diesel fuel except that fuel commercially designated as
``Type 1-D'' grade diesel fuel may be substituted provided that the
manufacturer has submitted evidence to the Administrator demonstrating
to the Administrator's satisfaction that this fuel will be the
predominant in-use fuel. Such evidence could include such things as
copies of signed contracts from customers indicating the intent to
purchase and use ``Type 1-D'' grade diesel fuel as the primary fuel for
use in the engines or other evidence acceptable to the Administrator.
(Note: Vehicles certified under Sec. 86.007-11(f) must be tested using
the test fuel specified in Sec. 86.1313-2004, unless otherwise allowed
by the Administrator.) Table N07-2 follows:
Table N07-2
----------------------------------------------------------------------------------------------------------------
Item ASTM test method No. Type 1-D Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number........... .................... D613................ 40-54............... 40-50
(ii) Cetane Index........... .................... D976................ 40-54............... 40-50
(iii) Distillation range:
(A) IBP................. deg.F.............. D86................. 330-390............. 340-400
( deg.C)............ .................... (165.6-198.9)....... (171.1-204.4)
(B) 10 pct. point....... deg.F.............. D86................. 370-430............. 400-460
( deg.C)............ .................... (187.8-221.1)....... (204.4-237.8)
(C) 50 pct. point....... deg.F.............. D86................. 410-480............. 470-540
( deg.C)............ .................... (210.0-248.9)....... (243.3-282.2)
(D) 90 pct. point....... deg.F.............. D86................. 460-520............. 560-630
( deg.C)............ .................... (237.8-271-1)....... (293.3-332.2)
(E) EP.................. deg.F.............. D86................. 500-560............. 610-690
( deg.C)............ .................... (260.0-293.3)....... (321.1-365.6)
(iv) Gravity................ deg.API............ D287................ 40-44............... 32-37
(v) Total sulfur............ ppm................. D2622............... 7-15................ 7-15
(vi) Hydrocarbon
composition:.
(A) Aromatics, minimum pct................. D5186............... 8................... 27
(Remainder shall be
paraffins, naphthenes,
and olefins).
(vii) Flashpoint, min....... deg.F.............. D93................. 120................. 130
( deg.C)............ .................... (48.9).............. (54.4)
(viii) Viscosity............ centistokes......... D445................ 1.6-2.0............. 2.0-3.2
----------------------------------------------------------------------------------------------------------------
(3) Petroleum Diesel fuel for diesel engines meeting the
specifications in table N07-3, or substantially equivalent
specifications approved by the Administrator, shall be used in service
accumulation. The grade of petroleum diesel fuel used shall be
commercially designated as Type 2-D'' grade diesel fuel except that
fuel commercially designated as ``Type 1-D'' grade Diesel fuel may be
substituted provided that the manufacturer has submitted evidence to
the Administrator demonstrating to the Administrator's satisfaction
that this fuel will be the predominant in-use fuel. Such evidence could
include such things as copies of signed contracts from customers
indicating the intent to purchase and use ``Type 1-D'' grade diesel
fuel as the primary fuel for use in the engines or other evidence
acceptable to the Administrator. Table N07-03 follows:
Table N07-3
----------------------------------------------------------------------------------------------------------------
Item ASTM test method No. Type 1-D Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number........... .................... D613................ 40-56............... 38-58
(ii) Cetane Index........... .................... D976................ min. 40............. min. 40
(iii) Distillation range:
90 pct. point........... deg.F.............. D86................. 440-530............. 540-630
( deg.C)............ .................... (226.7-276-7)....... (293.3-332.2)
(iv) Gravity................ deg.API............ D287................ 39-45............... 30-39
(v) Total sulfur............ ppm................. D2622............... 7-15................ 7-15
[[Page 5181]]
(vi) Flashpoint, min........ deg.F.............. D93................. 130................. 130
( deg.C)............ .................... (54.4).............. (54.4)
(vii) Viscosity............. centistokes......... D445................ 1.2-2.2............. 1.5-4.5
----------------------------------------------------------------------------------------------------------------
(b)(4) through (g) [Reserved]. For guiDance see Sec. 86.1313-94.
33. Section 86.1319-90 is amended by redesignating paragraph (e) as
paragraph (f), and adding a new paragraph (e) to read as follows:
Sec. 86.1319-90 CVS calibration.
* * * * *
(e) SSV calibration. (1) The calibration of the SSV located in the
tunnel shall be conducted in a similar manner as the CFV or PDP
calibration. Gas flow within the SSV is a function of inlet pressure,
P1, the inlet temperature, T1, and the pressure
drop between the throat and the inlet, DP. Note that the following
procedure is consistent with SAE J244. The calibration procedure
described in paragraph (e)(3) of this section establishes the values of
the coefficients at measured values of pressure, temperature and
airflow.
(i) The flow rate for a subsonic venturi is calculated as a
volumetric flow rate (Qs) or a mass flow rate
(Qm) as follows: or
[GRAPHIC] [TIFF OMITTED] TR18JA01.011
[GRAPHIC] [TIFF OMITTED] TR18JA01.012
Where:
Kq = 0.0021074 (SI units).
Qs = Air Volume Flow, SCFM (m3/min).
Qm = Air Mass Flow, lbm/min (kg/min).
s = Density at Standard Conditions, lbm/
ft3 (kg/m3) as specified in paragraph
(e)(1)(v) of this section.
s = Density at inlet conditions, lbm/
ft3 (kg/m3), as specified in paragraph
(e)(1)(iii) of this section.
Cd = Coefficient of Discharge = Actual Air Flow/
Theoretical Air Flow.
Y = Expansion factor, as specified in paragraph (e)(1)(ii) of this
section.
d = Throat diameter, inch (mm).
= Ratio of venturi throat diameter to approach pipe
diameter.
P = Pressure drop between inlet and throat, in.
H2O (kPa).
(ii) The expansion factor (Y) is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18JA01.013
(iii) The inlet density (1) is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18JA01.068
Where:
Pabs = P1+PB
Tabs = T1 + 2731
Rmix = Ru/|MWmix
Ru = 8.3144 kJ/kg-mole-K
MWmix = the molecular weight of the mix, as calculated in
paragraph (e)(1)(iv) of this section.
(iv) The molecular weight of the mix, is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18JA01.014
Where:
PV = Vapor pressure, in Hg (kPa)
MWAIR = 28.964 kg/kg-mole
MWH20 = 18.015 kg/kg-mole
(v) The density at standard conditions of 101.33 kPa and 20 deg.C
is calculated as follows:
[[Page 5182]]
[GRAPHIC] [TIFF OMITTED] TR18JA01.015
(2) The venturi manufacturer's recommended procedure shall be
followed for calibrating electronic portions of the SSV.
(3) Measurements necessary for flow calibration of the SSV are as
follows:
Calibration Data Measurement
----------------------------------------------------------------------------------------------------------------
Parameter Sym Units Tolerance
----------------------------------------------------------------------------------------------------------------
(i) Barometric pressure (corrected PB in. Hg (kPa)........... .01in. Hg ( .034kPa)
(ii) Air temperature, into ETI deg. F ( deg. C)...... .5 deg.F (.28 deg.
calibration venturi. C)
(iii) Pressure drop between the EDP in. H2O (kPA).......... .05 in. H2O (.012kPa)
venturi (corrected to 68 deg. F)..
(iv) Air Flow...................... QS Std ft\3\/min (m\3\/ 5% of NIST
min). ``true'' value
(v) SSV inlet depression........... P1 in. H2O (kPa).......... .23 in. H2O (.057kPa)
(vi) Pressure drop between the DP in. H2O (kPa).......... .05 in. H2O (.012kPa)
(vii) Water vapor pressure of inlet PV in. Hg (kPa)........... .10 in. Hg ( .34kPa)
(vii) Temperature at SSV inlet..... T1 deg.F ( deg.C)........ 4.0 deg.F (2.2
deg. C)
----------------------------------------------------------------------------------------------------------------
(4) Set up equipment similar to CFV or PDP calibration except the
variable flow restrictor valve can be deleted or set in the open
position, and the pressure drop reading device must be added. The
calibration test must be conducted with the test subsonic venturi in
place in its permanent position. Any subsequent changes in upstream or
downstream configuration could cause a shift in calibration. Leaks
between the calibration metering device and the SSV must be eliminated.
(5) Adjust the variable flow blower or restrictor valve to its
maximum in-use flow rate. Allow the system to stabilize and record data
from all instruments. Be sure to avoid choke condition.
(6) Vary the flow through a minimum of eight steps covering the
intended in-use operating range of the SSV.
(7) Data analyses. If the calibration venturi is used at the tunnel
inlet (free standing), then assume a value of =0. If the SSV
installed in the CVS tunnel, use the actual inside tunnel diameter and
the throat diameter to compute .
(i) Assume an initial value for Cd = 0.98 to calculate
Qm for the calculation of Reynolds number, Re,:
[GRAPHIC] [TIFF OMITTED] TR18JA01.016
Where: = viscosity of air, centipoise
[GRAPHIC] [TIFF OMITTED] TR18JA01.017
K=1.458E-3
TK=(T1 deg.C+273.16)
(ii) From the initial calibration of the venturi, establish an
equation of Cd as a function of Re. The following functional forms
should be reviewed, but a power series, least-squares fit polynomial
equation may result in the best fit. Many factors involved in the
installation of SSV and the operating range of the Reynolds number can
affect the functional relationship of the Cd with Re. Calculate Cd
based on this initial equation of Re. Compute a final Qm
based on this calculated Cd for both the calibration nozzle and the
inline SSV.
(8)(i) Compute the percent difference in air flow between the
calibration venturi and the inline SSV. If the difference in percent of
point is greater than 1%, compute a new Cd and Re for the in-tunnel
venturi as follows:
Cdnew=Actual Air Flow/Theoretical Air Flow=Qmact
/Qmtheo
[GRAPHIC] [TIFF OMITTED] TR18JA01.018
(ii) Qmact is flow measured by the calibration venturi
and Qmtheo is the theoretical calculated flow based on the
in-tunnel SSV conditions with Cd set equal to 1. Renew is
based on the calibrated venturi flow, but the in-tunnel SSV properties.
Recalculate a new curve fit of Cdnew for the inline venturi
as a function of Renew following the guidelines in paragraph
(e)(7) of this section. Agreement of the fit should be within 1.0% of
point. Install the new Cd curve fit in the test cell flow computing
device and conduct the propane injection, flow verification test.
* * * * *
34. A new section 86.1323-2007 is added to Subpart N to read as
follows:
Sec. 86.1323-2007 Oxides of nitrogen analyzer calibration.
This section describes the initial and periodic calibration of the
chemiluminescent oxides of nitrogen analyzer.
(a) Prior to introduction into service and at least monthly
thereafter, the chemiluminescent oxides of nitrogen analyzer must be
checked for NO2 to NO converter efficiency. The Administrator may
approve less frequent checks of the converter efficiency. Figure N84-9
is a reference for paragraphs (a) (1) through (11) of this section.
(1) Follow good engineering practices for instrument start-up and
operation. Adjust the analyzer to optimize performance.
(2) Zero the oxides of nitrogen analyzer with zero-grade nitrogen.
(3) Connect the outlet of the NOX generator to the
sample inlet of the oxides of nitrogen analyzer, which has been set to
the most common operating range.
(4) Introduce into the NOX generator-analyzer system an
NO-in-nitrogen (N2) mixture with an NO concentration equal to
approximately 80 percent of the most common operating range. The NO2
content of the gas mixture shall be less than 5 percent of the NO
concentration.
(5) With the oxides of nitrogen analyzer in the NO mode, record the
concentration of NO indicated by the analyzer.
(6) Turn on the NOX generator O2 supply and adjust the
O2 flow rate so that the NO indicated by the analyzer is about 10
percent less than indicated in paragraph (a)(5) of this section. Record
the concentration of NO in this NO + O2 mixture.
(7) Switch the NOX generator to the generation mode and
adjust the generation rate so that the NO measured by the analyzer is
20 percent of that
[[Page 5183]]
measured in paragraph (a)(5) of this section. There must be at least 10
percent unreacted NO at this point. Record the concentration of
residual NO.
(8) Switch the oxides of nitrogen analyzer to the NOX
mode and measure total NOX. Record this value.
(9) Switch off the NOX generator but maintain gas flow
through the system. The oxides of nitrogen analyzer will indicate the
NOX in the NO + O2 mixture. Record this value.
(10) Turn off the NOX generator O2 supply. The analyzer
will now indicate the NOX in the original NO-in-N2 mixture.
This value should be no more than 5 percent above the value indicated
in paragraph (a)(4) of this section.
(11) Calculate the efficiency of the NOX converter by
substituting the concentrations obtained into the following equation:
[GRAPHIC] [TIFF OMITTED] TR18JA01.019
Where:
a = concentration obtained in paragraph (a)(8) of this section,
b = concentration obtained in paragraph (a)(9) of this section,
c = concentration obtained in paragraph (a)(6) of this section,
d = concentration obtained in paragraph (a)(7) of this section.
(12) If converter efficiency is not greater than 90 percent, repair
the analyzer. The repaired analyzer must achieve a converter efficiency
greater than 90 percent before the analyzer may be used.
(b) Accuracy. The accuracy at the minimum limit of the
NOX analyzer is defined in Sec. 86.1338-2007. In general the
analyzer's minimum limit shall be the lowest concentration within a
given range, in which it has an accuracy of 2 percent of
point.
(c) Initial and periodic calibration. Prior to its introduction
into service and monthly thereafter, the chemiluminescent oxides of
nitrogen analyzer shall be calibrated on all normally used instrument
ranges. Use the same flow rate as when analyzing samples. Proceed as
follows:
(1) Adjust analyzer to optimize performance.
(2) Zero the oxides of nitrogen analyzer with zero-grade nitrogen
(N2).
(3) (i) Calibrate all operating ranges with a minimum of 9 NO-in-N2
calibration gases (e.g., 10, 20, 30, 40, 50, 60, 70, 80, and 90 percent
of that range) and one zero-grade N2 gas. Sound engineering judgment
shall dictate appropriate spacing and weighting of the calibration
points.
(ii) For each range calibrated, if all deviations from a least-
squares best-fit straight line are within 2 percent of the
value at each non-zero data point and within 0.3 percent of
full scale on the zero data point, then concentration values may be
calculated using the linear calibration equation for that range. If the
specified deviations are exceeded for ranges that have a minimum limit
of 1 ppm or greater, then the best-fit non-linear equation that
represents the data within these deviations may be used to determine
concentration values. For ranges that have a minimum limit less than 1
ppm, only a linear or second order non-linear equation that represents
the data within these deviations, may be used to determine
concentration values.
(d) Chemiluminescent NOX analyzer interference check
(i.e., quench check). Prior to its introduction into service and at
least once per year thereafter, the quench check described in this
section shall be performed on CLD NOX analyzers. CO2 and
water vapor interfere with the response of a CLD by collisional
quenching. The combined quench effect at their highest expected
concentrations shall not exceed 2 percent.
(1) CO2 quench check procedure: (i) For the procedure
described in this paragraph, variations are acceptable provided that
they produce equivalent %CO2quench results. Connect a
pressure-regulated CO2 span gas to one of the inlets of a
three-way valve. Its CO2 concentration should be approximately twice
the maximum CO2 concentration expected during testing. The
valve must be leak-free, and its wetted parts must be made of a
stainless steel or other inert material. Connect a pressure-regulated
zero-grade N2 gas to the other inlet of the three-way valve.
Connect the single outlet of the valve to the balance-gas port of a
properly operating gas divider. Connect a pressure-regulated NO span
gas, which has approximately twice the typical NO concentration
expected during testing, to the span-port of the gas divider. Configure
the gas divider such that nearly equal amounts of the span gas and
balance gas are blended with each other. Viscosity corrections shall be
applied appropriately to ensure correct mass flow determinations.
(ii) With the CO2 flowing to the balance port and the NO
flowing to the span port, measure a stable CO2 concentration
from the gas divider's outlet with a properly calibrated NDIR analyzer.
Record this concentration in percent (%); this is ``%CO2''.
This value will be used in the water vapor quench check calculations
that are detailed in the following section. After the %CO2
measurement, measure the NO concentration at the gas divider outlet
with the CLD analyzer in the NO mode. Record this concentration in ppm;
this is ``NOCO2''. Then switch the three-way valve such that
100 percent N2 flows to the balance port inlet. Monitor the
CO2 concentration of the gas divider's outlet until its
concentration stabilizes at zero. Then measure the stable NO
concentration from the gas divider's outlet. Record this value in ppm;
this is ``NON2''. Calculate %CO2quench as
follows:
%CO2quench = (1.00-(NOCO2/NON2)) x
100
(2) Water vapor quench check procedure:
(i) For all dry CLD analyzers it must be demonstrated that for the
highest expected water vapor concentration (i.e.,
``%H2Oexp'' as calculated later in this section),
the water removal technique maintains CLD humidity at less than or
equal to 5 gwater/kgdry air (or about 0.008
percent H2O), which is 100% RH at 3.9 deg.C and 101.3 kPa.
This humidity specification is also equivalent to about 25% RH at 25
deg.C and 101.3 kPa. This may be demonstrated by measuring the
temperature at the outlet of a thermal dehumidifier, or by measuring
humidity at a point just upstream of the CLD. Humidity of the CLD
exhaust might also be measured as long as the only flow into the CLD is
the flow out of the dehumidifier.
(ii) For all ``wet'' CLD analyzers the following water vapor quench
check procedure shall be followed. Measure an NO span gas, which has
90% to 100% of the typical NO expected during testing, using the CLD in
the NO mode. Record this concentration in ppm; this is
``NOdry''. Then bubble the same NO span gas through
distilled water in a sealed vessel at 25 deg.C 10 deg.C.
This temperature specification imposed to ensure that the
H2Ovol calculation (refer to (iii) of this
section) returns an accurate result. To prevent subsequent
condensation, this temperature must also be less than any temperature
that the wetted sample will experience between the sealed vessel's
outlet and the CLD. Record the vessel's water temperature in deg.C;
this is ``Tsat''. Record the vessel's absolute pressure in
kPa; this is ``Psat''. Measure the wetted span gas with the
CLD, and record this value in ppm; this is ``NOwet''.
(iii) Calculations for water quench must consider dilution of the
NO span gas with water vapor and scaling of the water vapor
concentration to that expected during testing.
[[Page 5184]]
(A) Calculate the volume fraction of water vapor in the wetted span
gas, as H2Ovol = (exp(3.69-(81.28/
Tsat)) + 1.61)/Psat. This calculation
approximates some of the thermodynamic properties of water based on the
``1995 Formulation for the Thermodynamic Properties of Ordinary Water
Substance for General and Scientific Use'', issued by The International
Association for the Properties of Water and Steam (IAPWS). However,
this approximation should only be used as prescribed in this section
because it is an exponential fit that is accurate for data at 25 deg.C
10 deg.C. Then, assuming a diesel fuel atomic hydrogen to
carbon ratio of 1.8, and an intake and dilution air humidity of 75
grains (10.71 gwater/kgdry air or 54.13 percent
RH at 25 deg.C and 101.3 kPa),
(B) Calculate the maximum percent water vapor expected during
testing; as %H2Oexp = (0.90 x %CO2)
+ 1.69. %CO2 is the value measured during the
%CO2 quench check.
(C) Calculate the expected wet concentration of NO in ppm; as
NOexp = NOdry x
(1.00-H2Ovol)
(iv) Calculate the percent water vapor quench as:
%H2Oquench =
((NOexp-NOwet)/NOexp) x
(%H2Oexp/H2Ovol)
(3) Add the %CO2quench and the
%H2Oquench values. Their sum may not exceed the
limit set in paragraph (d). If their sum is greater than this limit,
then the CLD instrument may not be used to perform testing unless it is
repaired. The analyzer must be shown to pass this quench check after
the repair before it may be used for testing.
35. Section 86.1330-90 is amended by revising paragraph (a) to read
as follows:
Sec. 86.1330-90 Test sequence; general requirements.
(a) The test sequence shown in Figure N90-10 shows the major steps
of the test procedure, as follows:
BILLING CODE 6560-50-P
[[Page 5185]]
[GRAPHIC] [TIFF OMITTED] TR18JA01.020
BILLING CODE 6560-50-C
[[Page 5186]]
* * * * *
36. Section 86.1334-84 is amended by revising paragraph (a)(1) and
(a)(2) to read as follows:
Sec. 86.1334-84 Pre-test engine and dynamometer preparation.
(a) * * * (1) Before the cold soak or cool down:
(i) Final calibration of the dynamometer and throttle control
systems may be performed. These calibrations may consist of steady-
state operations and/or actual practice cycle runs, and must be
completed before sampling system preconditioning (if applicable).
(ii) Conduct sampling system preconditioning for diesel engines
(optional for model years prior to 2007) by operating the engine at a
condition of rated-speed, 100 percent torque for a minimum of 20
minutes while simultaneously operating the CVS and secondary dilution
system and taking particulate matter emissions samples from the
secondary dilution tunnel . Particulate sample filters need not be
stabilized or weighed, and may be discarded. Filter media may be
changed during conditioning as long as the total sampled time through
the filters and sampling system exceeds 20 minutes. Flow rates shall be
set at the approximate flow rates selected for transient testing.
Torque shall be reduced from 100 percent torque while maintaining the
rated speed condition as necessary to prevent exceeding the maximum
sample zone temperature specifications of Sec. 86.1310-2007.
(2) Following sampling system preconditioning cycle, the engine
shall be cooled per Sec. 86.1335-90.
* * * * *
37. A new section 86.1337-2007 is added to subpart N to read as
follows:
Sec. 86.1337-2007 Engine dynamometer test run.
(a) The following steps shall be taken for each test:
(1) Prepare for the cold-start test.
(i) For gasoline- and methanol-fueled engines only, evaporative
emission canisters shall be prepared for use in this testing in
accordance with the procedures specified in Sec. 86.1232-96 (h) or (j).
The size of the canisters used for testing shall correspond with the
largest canister capacity expected in the range of vehicle applications
for each engine. (The Administrator may, at his/her discretion, use a
smaller canister capacity.) Attach the evaporative emission canister(s)
to the engine, using the canister purge plumbing and controls employed
in vehicle applications of the engine being tested. Plug the canister
port that is normally connected to the fuel tank.
(ii) Prepare the engine, dynamometer, and sampling system.
(iii) Change filters, etc., and leak check as necessary.
(2) Connect evacuated sample collection bags to the dilute exhaust
and dilution air sample collection systems if bag sampling is used.
(3) For methanol-fueled vehicles, install fresh methanol and
formaldehyde impingers (or cartridges) in the exhaust and dilution air
sample systems for methanol and formaldehyde. A single dilution air
sample covering the total test period may be utilized for methanol and
formaldehyde background. (Background measurements of methanol and
formaldehyde may be omitted and concentrations assumed to be zero for
calculations in Sec. 86.1344.)
(4) Attach the CVS to the engine exhaust system any time prior to
starting the CVS.
(5) Start the CVS (if not already on), the sample pumps (except for
the particulate sample pump(s), if applicable), the engine cooling
fan(s), and the data collection system. The heat exchanger of the
constant volume sampler (if used), and the heated components of any
continuous sampling system(s) (if applicable) shall be preheated to
their designated operating temperatures before the test begins. (See
Sec. 86.1340(e) for continuous sampling procedures.)
(6) Adjust the sample flow rates to the desired flow rates and set
the CVS gas flow measuring devices to zero. CFV-CVS sample flow rate is
fixed by the venturi design.
(7) For engines tested for particulate emissions, carefully install
a clean, loaded particulate sample filter cartridge into the filter
holder assembly. It is recommended that this be done within the filter
stabilization environment, with both ends of the filter holder assembly
plugged during transport to the emissions test facility. Install the
assembled filter holder into the sample flow line.
(8) Follow the manufacturer's instructions for cold starting.
Simultaneously start the engine and begin exhaust and dilution air
sampling. For petroleum-fueled diesel engines (and natural gas-fueled,
liquified petroleum gas-fueled or methanol-fueled diesels, if used)
Turn on the hydrocarbon and NOX (and CO and CO2,
if continuous) analyzer system integrators (if used), and turn on the
particulate sample pumps and indicate the start of the test on the data
collection medium.
(9) Allow the engine to idle freely with no-load for
241 seconds. This idle period for automatic transmission
engines may be interpreted as an idle speed in neutral or park. All
other idle conditions shall be interpreted as an idle speed in gear. It
is permissible to lug the engine down to curb idle speed during the
last 8 seconds of the free idle period for the purpose of engaging
dynamometer control loops.
(10) Begin the transient engine cycles such that the first non-idle
record of the cycle occurs at 251 seconds. The free idle
time is included in the 251 seconds.
(i) During particulate sampling it must be demonstrated that the
ratio of main tunnel flow to particulate sample flow does not change by
more than 5.0 percent of its set point value (except for
the first 10 seconds of sampling). For double dilution operation,
sample flow is the net difference between the flow rate through the
sample filters and the secondary dilution air flow rate.
(ii) Record flow. If the set flow rate cannot be maintained because
of high particulate loading on the filter, the test shall be
terminated. The test shall be rerun using a lower sample flow rate or
greater dilution.
(11) Begin the transient engine cycles such that the first non-idle
record of the cycle occurs at 251 seconds. The free idle
time is included in the 251 seconds.
(12) On the last record of the cycle, cease sampling. Immediately
turn the engine off and start a hot-soak timer. Also turn off the
particulate sample pumps, the gas flow measuring device(s) and any
continuous analyzer system integrator and indicate the end of the test
on the data collection medium. Sampling systems should continue to
sample after the end of the test cycle until system response times have
elapsed.
(13) Immediately after the engine is turned off, turn off the
engine cooling fan(s) if used. As soon as possible, transfer the ``cold
start cycle'' exhaust and dilution air bag samples to the analytical
system and process the samples according to Sec. 86.1340. A stabilized
reading of the exhaust sample on all analyzers shall be obtained within
20 minutes of the end of the sample collection phase of the test.
Analysis of the methanol and formaldehyde samples shall be obtained
within 24 hours of the end of the sample collection period. For
particulate measurements, carefully remove the filter holder from the
sample flow apparatus
(14) Allow the engine to soak for 201 minutes.
[[Page 5187]]
(15) Prepare the engine and dynamometer for the hot start test.
(16) Connect evacuated sample collection bags to the dilute exhaust
and dilution air sample collection systems.
(17) Install fresh methanol and formaldehyde impingers (or
capsules) in the exhaust and dilution air sample systems for methanol
and formaldehyde.
(18) Start the sample pumps (except the particulate sample pump(s),
if applicable), the engine cooling fan(s) and the data collection
system. The heat exchanger of the constant volume sampler (if used) and
the heated components of any continuous sampling system(s) (if
applicable) shall be preheated to their designated operating
temperatures before the test begins. See Sec. 86.1340(e) for continuous
sampling procedures.
(19) Adjust the sample flow rates to the desired flow rate and set
the CVS gas flow measuring devices to zero.
(20) For diesel engines tested for particulate, carefully install a
clean, loaded particulate sample filter cartridge in the filter holder
assembly and install the filter holder assembly in the sample flow
line.
(21) Follow the manufacturer's choke and throttle instruction for
hot starting. Simultaneously start the engine and begin exhaust and
dilution air sampling. For diesel engines, turn on the hydrocarbon and
NOX (and CO and CO2, if continuous) analyzer system
integrator (if used), indicate the start of the test on the data
collection medium, and turn on the particulate sample pump(s).
(22) [Reserved]
(23) Allow the engine to idle freely with no-load for
241 seconds. The provisions and interpretations of
paragraph (a)(9) of this section apply.
(24) Begin the transient-engine cycle such that the first non-idle
record of the cycle occurs at 251 seconds. The free idle is
included in the 251 seconds.
(25) On the last record of the cycle, allow sampling system
response times to elapse and cease sampling. Turn off the particulate
sample pump(s) (if appropriate), the gas flow measuring device(s) and
any continuous analyzer system integrator and indicate the end of the
test on the data collection medium.
(26) As soon as possible, transfer the ``hot start cycle'' exhaust
and dilution air bag samples to the analytical system and process the
samples according to Sec. 86.1340. A stabilized reading of the exhaust
sample on all analyzers shall be obtained within 20 minutes of the end
of the sample collection phase of the test. Analyze the methanol and
formaldehyde samples within 24 hours. (If it is not possible to perform
analysis within 24 hours, the samples should be stored in a cold
(approximately 0 deg.C) dark environment until analysis can be
performed). For particulate measurements, carefully remove the filter
holder assembly. It is recommended that the filter cartridge be
transferred to and from the filter stabilization environment within the
filter holder assembly with both ends plugged, and that the cartridge
be removed from the filter holder assembly within the stabilization
environment. Transfer the particulate filter to the stabilization
environment for post-test stabilization. Filters may be stabilized in
the petri dishes while still within the filter cartridges, or the
cartridge tops may be removed for stabilization, or the filters may be
entirely removed from the filter cartridges and stabilized in the petri
dishes alone. Removal of the filters from the filter cartridges shall
only take place within the stabilization environment.
(27) The CVS and the engine may be turned off, if desired.
(b) The procedure in paragraph (a) of this section is designed for
one sample bag for the cold start portion and one for the hot start
portion.
(c) If a dynamometer test run is determined to be void, corrective
action may be taken. The engine may then be allowed to cool (naturally
or forced) and the dynamometer test rerun.
38. A new section 86.1338-2007 is added to Subpart N to read as
follows:
Sec. 86.1338-2007 Emission measurement accuracy.
(a) Minimum limit. (1) The minimum limit of an analyzer must be
equal to or less than one-half of the average diluted concentration for
an engine emitting the maximum amount of the applicable pollutant
allowed by the applicable standard. For example, if with a given
dilution and sampling system, an engine emitting NOX at the
level of the standard (e.g., 0.20 g/bhp-hr NOX) would result
in an average NOX concentration of 1.0 ppm in the diluted
sample, then the minimum limit for the NOX analyzer must be
less than or equal to 0.5 ppm.
(2) For the purpose of this section, ``minimum limit'' means the
lowest of the following levels:
(i) The lowest NOX concentration in the calibration
curve for which an accuracy of 2 percent of point has been
demonstrated as specified in paragraph (a)(3) of this section; or
(ii) Any NOX concentration for which the test facility
has demonstrated sufficient accuracy to the Administrator's
satisfaction prior to the start of testing, such that it will allow a
meaningful determination of compliance with respect to the applicable
standard.
(3) For determination of the analyzer's minimum limit, a
NOX concentration that is less than or equal to one-half of
the average NOX concentration determined in paragraph (a)(1)
of this section shall be measured by the oxides of nitrogen analyzer
following the analyzer's monthly periodic calibration. This measurement
must be made to ensure the accuracy of the calibration curve to within
2 percent of point accuracy of the appropriate least-
squares fit, at less than or equal to one half of the average expected
diluted NOX concentration determined in paragraph (a)(1) of
this section.
(b) Measurement accuracy--Bag sampling. Analyzers used for bag
analysis must be operated such that the measured concentration falls
between 15 and 100 percent of full scale, with the following exception:
concentrations below 15 percent of full scale may be used if the
minimum limit of the analyzer within the range meets the requirement of
paragraph (a) of this section.
(c) Measurement accuracy--Continuous measurement. (1) Analyzers
used for continuous analysis must be operated such that the measured
concentration falls between 15 and 100 percent of full scale, with the
following exceptions:
(i) Concentrations below 15 percent of full scale may be used if
the minimum limit of the analyzer within the range meets the
requirement of paragraph (a) of this section.
(ii) Analyzer response over 100% of full scale may be used if it
can be shown that readings in this range are accurate.
(2) If the analyzer response exceeds the level allowed by paragraph
(c)(1)(ii) of this section, the test must be repeated using a higher
range and both results must be reported. The Administrator may waive
this requirement.
(d) If a gas divider is used, the gas divider shall conform to the
accuracy requirements specified in Sec. 86.1314-84(g), and shall be
used according to the procedures contained in paragraphs (a) and (b) of
this section.
39. Section 86.1339-90 is amended by adding paragraph (h) to read
as follows:
Sec. 86.1339-90 Particulate filter handling and weighing.
* * * * *
(h) This section does not apply for tests conducted according to
the provisions of Sec. 86.1312-2007.
[[Page 5188]]
40. Section 86.1360-2007 is amended by revising the section
heading, adding introductory text, and revising paragraphs (b), (e)(2),
(e)(3), and (e)(6)(ii), to read as follows:
Sec. 86.1360-2007 Supplemental emission test; test cycle and
procedures.
The test procedures of this subpart N apply for supplemental
emission testing, except as specified otherwise in this section.
* * * * *
(b) Test cycle. (1)(i) The following 13-mode cycle must be followed
in dynamometer operation on the test engine:
----------------------------------------------------------------------------------------------------------------
Weighting Mode length
Mode number Engine speed Percent load factor (minutes)
----------------------------------------------------------------------------------------------------------------
1................................... Idle .............. 0.15 4
2................................... A 100 0.08 2
3................................... B 50 0.10 2
4................................... B 75 0.10 2
5................................... A 50 0.05 2
6................................... A 75 0.05 2
7................................... A 25 0.05 2
8................................... B 100 0.09 2
9................................... B 25 0.10 2
10.................................. C 100 0.08 2
11.................................. C 25 0.05 2
12.................................. C 75 0.05 2
13.................................. C 50 0.05 2
----------------------------------------------------------------------------------------------------------------
(ii) Upon Administrator approval, the manufacturer may use mode
lengths other than those listed in paragraph (b)(1)(i) of this section.
(2) In addition to the 13 test points identified in paragraph
(b)(1) of this section, for engines not certified to a NOX
standard or FEL less than1.5 g/bhp-hr, EPA may select, and require the
manufacturer to conduct the test using, up to 3 additional test points
within the control area (as defined in paragraph (d) of this section).
EPA will notify the manufacturer of these supplemental test points in
writing in a timely manner before the test. Emissions sampling for the
additional test modes must include all regulated gaseous pollutants.
Particulate matter does not need to be measured.
* * * * *
(e) * * *
(2) Test sequence. The test must be performed in the order of the
mode numbers in paragraph (b)(1) of this section. Where applicable, the
EPA-selected test points identified under paragraph (b)(2) of this
section must be performed immediately upon completion of mode 13. The
engine must be operated for the prescribed time in each mode,
completing engine speed and load changes in the first 20 seconds of
each mode. The specified speed must be held to within 50
rpm and the specified torque must be held to within plus or minus two
percent of the maximum torque at the test speed.
(3) Particulate sampling. One filter shall be used for sampling PM
over the 13-mode test procedure. The modal weighting factors specified
in paragraph (b)(1) of this section shall be taken into account by
taking a sample proportional to the exhaust mass flow during each
individual mode of the cycle. This can be achieved by adjusting sample
flow rate, sampling time, and/or dilution ratio, accordingly, so that
the criterion for the effective weighting factors is met. The sampling
time per mode must be at least 4 seconds per 0.01 weighting factor.
Sampling must be conducted as late as possible within each mode.
Particulate sampling shall be completed no earlier than 5 seconds
before the end of each mode.
* * * * *
(6) * * *
(ii) For PM measurements, a single filter must be used to measure
PM over the 13 modes. The brake-specific PM emission level for the test
must be calculated as described for a transient hot start test in
Sec. 86.1343. Only the power measured during the sampling period shall
be used in the calculation.
* * * * *
41. Section 86.1370-2007 is amended by revising paragraphs (a),
(b)(6) and (d), removing and reserving paragraph (b)(5), and adding
paragraphs (b)(7) and (g) to read as follows:
Sec. 86.1370-2007 Not-To-Exceed test procedures.
(a) General. The purpose of this test procedure is to measure in-
use emissions of heavy-duty diesel engines while operating within a
broad range of speed and load points (the Not-To-Exceed Control Area)
and under conditions which can reasonably be expected to be encountered
in normal vehicle operation and use. Emission results from this test
procedure are to be compared to the Not-To-Exceed Limits specified in
Sec. 86.007-11 (a)(4), or to later Not-To-Exceed limits. The Not-To-
Exceed Limits do not apply for engine starting conditions.
(b) * * *
(5) [Reserved]
(6)(i) For petroleum-fueled diesel cycle engines, the manufacturer
may identify particular engine-vehicle combinations and may petition
the Administrator at certification to exclude operating points from the
Not-to-Exceed Control Area defined in Sec. 86.1370(b)(1) through (5) if
the manufacturer can demonstrate that the engine is not capable of
operating at such points when used in the specified engine-vehicle
combination(s).
(ii) For diesel cycle engines that are not petroleum-fueled, the
manufacturer may petition the Administrator at certification to exclude
operating points from the Not-to-Exceed Control Area defined in
Sec. 86.1370(b)(1) through (5) if the manufacturer can demonstrate that
the engine is not expected to operate at such points in normal vehicle
operation and use.
(7) Manufacturers may petition the Administrator to limit NTE
testing in a single defined region of speeds and loads. Such a defined
region must generally be of elliptical or rectangular shape, and must
share some portion of its boundary with the outside limits of the NTE
zone. Under this provision testing would not be allowed with sampling
periods in which operation within that region constitutes more than 5.0
percent of the time-weighted operation within the sampling period.
Approval of this limit by the Administrator is contingent on the
manufacturer satisfactorily demonstrating that operation at the
[[Page 5189]]
speeds and loads within that region accounts for less than 5.0 percent
of all in-use operation (weighted by vehicle-miles-traveled or other
EPA-approved weightings) for the in-use engines of that configuration
(or sufficiently similar engines). At a minimum, this demonstration
must include operational data from representative in-use vehicles.
* * * * *
(d) Not-to-exceed control area limits. (1) When operated within the
Not-To-Exceed Control Area defined in paragraph (b) of this section,
diesel engine emissions shall not exceed the applicable Not-To-Exceed
Limits specified in Sec. 86.007-11(a)(4) when averaged over any period
of time greater than or equal to 30 seconds, except where a longer
averaging period is required by paragraph (d)(2) of this section.
(2) For engines equipped with emission controls that include
discrete regeneration events, if a regeneration event occurs during the
NTE test, then the averaging period must be at least as long as the
time between the events multiplied by the number of full regeneration
events within the sampling period. The requirement in this paragraph
(d)(2) only applies for engines that send an electronic signal
indicating the start of the regeneration event.
* * * * *
(g) NOX and NMHC aftertreatment warm-up. For engines
equipped with one or more aftertreatment devices that reduce
NOX or NMHC emissions, the NTE NOX and NMHC
emission limits do not apply when the exhaust gas temperature is
measured within 12 inches of the outlet of the aftertreatment device
and is less the 250 deg.C. For multi-bed systems, it is the temperature
at the outlet of the device with the maximum flow rate that determines
whether the NTE limits apply.
42. Sec. 86.1803-01 is amended by adding a definition of ``U.S.
heavy-duty vehicle sales'' in alphabetical order to read as follows:
Sec. 86.1803-01 Definitions.
* * * * *
U.S. heavy-duty vehicle sales means sales of heavy-duty vehicles
subject to the standards of this subpart, where the sale takes place in
any state of the United States except for California (or a state that
has adopted California motor vehicle standards for that model year
pursuant to section 177 of the Clean Air Act).
* * * * *
43. Sec. 86.1806-05 is amended by revising paragraphs (b)
introductory text, (b)(1), and (l) to read as follows:
Sec. 86.1806-05 On-board diagnostics.
* * * * *
(b) Malfunction descriptions. The OBD system must detect and
identify malfunctions in all monitored emission-related powertrain
systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart B of this part (chassis-based test
procedures), excluding those test procedures defined as
``Supplemental'' test procedures in Sec. 86.004-2 and codified in
Secs. 86.158, 86.159, and 86.160.
(1) Catalysts and particulate traps. (i) Otto-cycle. Catalyst
deterioration or malfunction before it results in an increase in NMHC
emissions 1.5 times the NMHC standard or FEL, as compared to the NMHC
emission level measured using a representative 4000 mile catalyst
system.
(ii) Diesel. (A) If equipped, catalyst deterioration or malfunction
before it results in exhaust emissions exceeding 1.5 times the
applicable standard or FEL for NOX or PM. This requirement
applies only to reduction catalysts; monitoring of oxidation catalysts
is not required. This monitoring need not be done if the manufacturer
can demonstrate that deterioration or malfunction of the system will
not result in exceedance of the threshold.
(B) If equipped with a particulate trap, catastrophic failure of
the device must be detected. Any particulate trap whose complete
failure results in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NOX or PM must be monitored for such
catastrophic failure. This monitoring need not be done if the
manufacturer can demonstrate that a catastrophic failure of the system
will not result in exceedance of the threshold.
* * * * *
(l) Phase-in for complete heavy-duty vehicles. Complete heavy-duty
vehicles weighing 14,000 pounds GVWR or less that are not Otto-cycle
MDPVs must meet the OBD requirements of this section according to the
following phase-in schedule, based on the percentage of projected
vehicle sales. The 2004 model year requirements in the following phase-
in schedule are applicable only to heavy-duty Otto-cycle vehicles where
the manufacturer has selected Otto-cycle Option 1 or 2 for alternative
2003 or 2004 compliance according to Sec. 86.004-01(c)(1) or (2). The
2005 through 2007 requirements in the following phase-in schedule apply
to all heavy-duty vehicles weighing 14,000 pounds GVWR or less,
excluding MDPVs. If the manufacturer has selected Otto-cycle Option 3
it may exempt 2005 model year complete heavy-duty engines and vehicles
whose model year commences before July 31, 2004 from the requirements
of this section. For the purposes of calculating compliance with the
phase-in provisions of this paragraph (l), heavy-duty vehicles subject
to the phase-in requirements of this section may be combined with
heavy-duty vehicles subject to the phase-in requirements of paragraph
Sec. 86.005-17 (k). The phase-in schedule follows:
OBD Compliance Phase-in for Complete Heavy-Duty Vehicles Weighing 14,000
Pounds GVWR or Less
------------------------------------------------------------------------
Model year Phase-in based on projected sales
------------------------------------------------------------------------
2004 MY Applicable only to Otto-cycle engines
complying with Options 1 or 2; 40%
compliance; alternative fuel waivers
available.
2005 MY 60% compliance; alternative fuel waivers
available.
2006 MY 80% compliance; alternative fuel waivers
available.
2007 MY 80% compliance; alternative fuel waivers
available.
2008+ MY 100% compliance.
------------------------------------------------------------------------
44. A new Sec. 86.1807-07 is added to subpart S to read as follows:
[[Page 5190]]
Sec. 86.1807-07 Vehicle labeling.
Section 86.1807-07 includes text that specifies requirements that
differ from those specified in Sec. 86.1807-01. Where a paragraph in
Sec. 86.1807-01 is identical and applicable to Sec. 86.1807-07, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec. 86.1807-01.''.
(a) through (g) [Reserved]. For guidance see Sec. 86.1807-01.
(h) Model year 2007 and later diesel-fueled Tier 2 vehicles
(certified using a test fuel with 15 ppm sulfur or less), must include
permanent readily visible labels on the dashboard (or instrument panel)
and near all fuel inlets that state ``Use Low-sulfur Diesel Fuel Only''
or ``Low-sulfur Diesel Fuel Only''.
45. A new Sec. 86.1808-07 is added to subpart S to read as follows:
Sec. 86.1808-07 Maintenance instructions.
Section 86.1808-07 includes text that specifies requirements that
differ from those specified in Sec. 86.1808-01. Where a paragraph in
Sec. 86.1808-01 is identical and applicable to Sec. 86.1808-07, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec. 86.1808-01.''.
(a) through (f) [Reserved]. For guidance see Sec. 86.1808-01.
(g) For each new diesel-fueled Tier 2 vehicle (certified using a
test fuel with 15 ppm sulfur or less), the manufacturer shall furnish
or cause to be furnished to the purchaser a statement that ``This
vehicle must be operated only with low sulfur diesel fuel (that is.,
diesel fuel meeting EPA specifications for highway diesel fuel,
including a 15 ppm sulfur cap).''.
46. Section 86.1810-01 is amended by revising the introductory text
to read as follows:
Sec. 86.1810-01 General standards; increase in emissions; unsafe
conditions; waivers.
This section applies to model year 2001 and later light-duty
vehicles and light-duty trucks fueled by gasoline, diesel, methanol,
natural gas and liquefied petroleum gas fuels. This section also
applies to MDPVs and complete heavy-duty vehicles certified according
to the provisions of this subpart. Multi-fueled vehicles (including
dual-fueled and flexible-fueled vehicles) shall comply with all
requirements established for each consumed fuel (or blend of fuels in
the case of flexible fueled vehicles). The standards of this subpart
apply to both certification and in-use vehicles unless otherwise
indicated. For Tier 2 and interim non-Tier 2 vehicles, this section
also applies to hybrid electric vehicles and zero emission vehicles.
Unless otherwise specified, requirements and provisions of this subpart
applicable to methanol fueled vehicles are also applicable to Tier 2
and interim non-Tier 2 ethanol fueled vehicles.
* * * * *
47. Section 86.1816-05 is amended by revising paragraph (g) to read
as follows:
Sec. 86.1816-05 Emission standards for complete heavy-duty vehicles.
* * * * *
(g) Idle exhaust emission standards, complete heavy-duty vehicles.
Exhaust emissions of carbon monoxide from 2005 and later model year
gasoline, methanol, natural gas-and liquefied petroleum gas-fueled
complete heavy-duty vehicles shall not exceed 0.50 percent of exhaust
gas flow at curb idle for a useful life of 11 years or 120,000 miles,
whichever occurs first. This does not apply for vehicles certified to
the requirements of Sec. 86.1806-05
* * * * *
48. A new Sec. 86.1816-08 is added to subpart S, to read as
follows:
Sec. 86.1816-08 Emission standards for complete heavy-duty vehicles.
Section 86.1816-08 includes text that specifies requirements that
differ from those specified in Sec. 86.1816-05. Where a paragraph in
Sec. 86.1816-05 is identical and applicable to Sec. 86.1816-08, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec. 86.1816-05.''. This
section applies to 2008 and later model year complete heavy-duty
vehicles (excluding MDPVs) fueled by gasoline, methanol, natural gas
and liquefied petroleum gas fuels except as noted. Multi-fueled
vehicles shall comply with all requirements established for each
consumed fuel. For methanol fueled vehicles, references in this section
to hydrocarbons or total hydrocarbons shall mean total hydrocarbon
equivalents and references to non-methane hydrocarbons shall mean non-
methane hydrocarbon equivalents.
(a) Exhaust emission standards. (1) Exhaust emissions from 2008 and
later model year complete heavy-duty vehicles at and above 8,500 pounds
Gross Vehicle Weight Rating but equal to or less than 10,000 Gross
Vehicle Weight Rating pounds shall not exceed the following standards
at full useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons. (A) 0.195 grams per mile; this
requirement may be satisfied by measurement of non-methane organic gas
or total hydrocarbons, at the manufacturer's option. For alcohol-fueled
vehicles, this standard is 0.195 grams per mile NMHCE.
(B) A manufacturer may elect to include any or all of its test
groups in the NMHC emissions ABT programs for heavy-duty vehicles,
within the restrictions described in Sec. 86.1817-05. or Sec. 86.1817-
08. If the manufacturer elects to include test groups in any of these
programs, the NMHC FEL may not exceed 0.28 grams per mile. This ceiling
value applies whether credits for the family are derived from
averaging, banking, or trading.
(iii) Carbon monoxide. 7.3 grams per mile.
(iv) Oxides of nitrogen. (A)0.2 grams per mile.
(B) A manufacturer may elect to include any or all of its test
groups in the NOX emissions ABT programs for heavy-duty
vehicles, within the restrictions described in Sec. 86.1817-05 or
Sec. 86.1817-08. If the manufacturer elects to include test groups in
any of these programs, the NOX FEL may not exceed 0.9 grams
per mile. This ceiling value applies whether credits for the family are
derived from averaging, banking, or trading.
(v) Particulate. 0.02 grams per mile.
(vi) Formaldehyde. 0.032 grams per mile.
(2) Exhaust emissions from 2008 and later model year complete
heavy-duty vehicles above 10,000 pounds Gross Vehicle Weight Rating but
less than 14,000 pounds Gross Vehicle Weight Rating shall not exceed
the following standards at full useful life:
(i) [Reserved]
(ii) Non-methane hydrocarbons. (A) 0.230 grams per mile; this
requirement may be satisfied by measurement of non-methane organic gas
or total hydrocarbons, at the manufacturer's option. For alcohol-fueled
vehicles, this standard is 0.230 grams per mile NMHCE.
(B) A manufacturer may elect to include any or all of its test
groups in the NMHC emissions ABT programs for heavy-duty vehicles,
within the restrictions described in Sec. 86.1817-05. or Sec. 86.1817-
08. If the manufacturer elects to include test groups in any of these
programs, the NMHC FEL may not exceed 0.33 grams per mile. This ceiling
value applies whether credits for the family are derived from
averaging, banking, or trading.
[[Page 5191]]
(iii) Carbon monoxide. 8.1 grams per mile.
(iv) Oxides of nitrogen. (A)0.4 grams per mile.
(B) A manufacturer may elect to include any or all of its test
groups in the NOX emissions ABT programs for heavy-duty
vehicles, within the restrictions described in Sec. 86.1817-05. or
Sec. 86.1817-08. If the manufacturer elects to include test groups in
any of these programs, the NOX FEL may not exceed 1.0 grams
per mile. This ceiling value applies whether credits for the family are
derived from averaging, banking, or trading.
(v) Particulate. 0.02 grams per mile.
(vi) Formaldehyde. 0.040 grams per mile.
(b) [Reserved]
(c) [Reserved]
(d) Evaporative emissions. Evaporative hydrocarbon emissions from
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled,
and methanol-fueled complete heavy-duty vehicles shall not exceed the
following standards. The standards apply equally to certification and
in-use vehicles. The spitback standard also applies to newly assembled
vehicles.
(1) For the full three-diurnal test sequence, diurnal plus hot soak
measurements: 1.4 grams per test.
(2) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 1.75 grams
per test.
(3) Gasoline and methanol fuel only. Running loss test: 0.05 grams
per mile.
(4) Gasoline and methanol fuel only. Fuel dispensing spitback test:
1.0 grams per test.
(e) through (h) [Reserved]. For guidance see Sec. 86.1816-05.
(i) Phase-in options. (1)(i) For model year 2008, manufacturers may
certify some of their test groups to the standards applicable to model
year 2008 vehicles under Sec. 86.1816-05, in lieu of the exhaust
standards specified in this section. These vehicles must comply with
all other requirements applicable to model year 2007 vehicles. The
combined number of vehicles in the test groups certified to the 2008
standards may not exceed 50 percent of the manufacturer's U.S. heavy-
duty vehicle sales of complete heavy-duty Otto-cycle motor vehicles for
model year 2008, except as explicitly allowed by paragraph (i)(2) of
this section.
(ii) For model year 2008, manufacturers may certify some of their
test groups to the evaporative standards applicable to model year 2007
engines under Sec. 86.1816-05, in lieu of the evaporative standards
specified in this section. These vehicles must comply with all other
requirements applicable to model year 2008 vehicles, except as allowed
by paragraph (i)(1)(i) of this section. The combined number of vehicles
in the test groups certified to the 2007 standards may not exceed 50
percent of the manufacturer's U.S. heavy-duty vehicle sales of complete
heavy-duty Otto-cycle motor vehicles for model year 2008.
(2)(i) Manufacturers certifying vehicles to all of the applicable
standards listed in paragraph (a) of this section prior to model year
2008 (without using credits) may reduce the number of vehicles that are
required to meet the standards listed in paragraph (a) of this section
in model year 2008 and/or 2009, taking into account the phase-in option
provided in paragraph (i)(1) of this section. For every vehicle that is
certified early, the manufacturer may reduce the number of vehicles
that are required by paragraph (i)(1) of this section to meet the
standards listed in paragraph (a) of this section by one vehicle. For
example, if a manufacturer produces 100 heavy-duty Otto-cycle vehicles
in 2007 that meet all of the applicable the standards listed in
paragraph (a) of this section, and it produced 10,000 heavy-duty Otto-
cycle vehicles in 2009, then only 9,900 of the vehicles would need to
comply with the standards listed in paragraph (a) of this section.
(ii) Manufacturers certifying vehicles to all of the applicable
evaporative standards listed in paragraph (d) of this section prior to
model year 2008 may reduce the number of vehicles that are required to
meet the standards listed in paragraph (d) of this section in model
year 2008 and/or 2009, taking into account the phase-in option provided
in paragraph (i)(1) of this section. For every vehicle that is
certified early, the manufacturer may reduce the number of vehicles
that are required by paragraph (i)(1) of this section to meet the
evaporative standards listed in paragraph (d) of this section by one
vehicle.
(3) Manufacturers certifying vehicles to all of the applicable
standards listed in paragraph (i)(3)(i) or (ii) of this section
(without using credits) and the evaporative standards listed in
paragraph (d) of this section prior to model year 2008 may reduce the
number of vehicles that are required to meet the standards listed in
paragraph (a) of this section in model year 2008 and/or 2009, taking
into account the phase-in option provided in paragraph (i)(1)(i) of
this section. For every such vehicle that is certified early with
sufficiently low emissions, the manufacturer may reduce the number of
vehicles that are required by paragraph (i)(1)(i) of this section to
meet the standards listed in paragraph (a) of this section by two
vehicles. The applicable standards are:
(i) For complete heavy-duty vehicles at and above 8,500 pounds
Gross Vehicle Weight Rating but equal to or less than 10,000 Gross
Vehicle Weight Rating: 0.100 g/mile NMHC, 0.10 g/mile NOX,
3.2 g/mile CO, 0.008 g/mile formaldehyde, and 0.02 g/mile PM.
(ii) For complete heavy-duty vehicles at or above 10,000 pounds
Gross Vehicle Weight Rating but equal to or less than 14,000 Gross
Vehicle Weight Rating: 0.117 g/mile NMHC, 0.20 g/mile NOX,
3.7 g/mile CO, 0.010 g/mile formaldehyde, and 0.02 g/mile PM.
(j) (1) For model years prior to 2012, for purposes of determining
compliance after title or custody has transferred to the ultimate
purchaser, for vehicles meeting the applicable emission standards of
this section, the applicable compliance limits shall be determined by
adding the applicable adjustment from paragraph (j)(2) of this section
to the otherwise applicable standard or FEL.
[[Page 5192]]
(2) The in-use adjustments are:
(i) 0.1 g/bhp-hr for NOX.
(ii) 0.100 g/bhp-hr NMHC.
(iii) 0.01 g/bhp-hr for PM.
49. A new Sec. 86.1817-08 is added to Subpart S to read as follows:
Sec. 86.1817-08 Complete heavy-duty vehicle averaging, trading, and
banking program.
Section 86.1817-08 includes text that specifies requirements that
differ from Sec. 86.1817-05. Where a paragraph in Sec. 86.1817-05 is
identical and applicable to Sec. 86.1817-08, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.1817-05.''
(a) through (o) [Reserved]. For guidance see Sec. 86.1817-05.
(p) The following provisions apply for model year 2008 and later
engines. These provisions apply instead of the provisions of paragraphs
Sec. 86.1817-05 (a) through (o) to the extent that they are in
conflict.
(1) Manufacturers of Otto-cycle vehicles may participate in an NMHC
averaging, banking and trading program to show compliance with the
standards specified in Sec. 86.1806-08. The generation and use of NMHC
credits are subject to the same provisions in paragraphs Sec. 86.1817-
05 (a) through (o) that apply for NOX credits, except as
otherwise specified in this section.
(2) NOX or NMHC (or NOX plus NMHC) credits
may be exchanged between heavy-duty Otto-cycle test groups certified to
the engine standards of subpart A of this part and heavy-duty Otto-
cycle test groups certified to the chassis standards of this subpart,
subject to an 0.8 discount factor (e.g., 100 grams of NOX
credits generated from vehicles would be equivalent to 80 grams of
NOX credits if they are used in the engine program of
subpart A of this part, and vice versa). Credits that were previously
discounted when they were banked according to Sec. 86.1817-05(c), are
subject to an additional discount factor of 0.888 instead of the 0.8
discount factor otherwise required by this paragraph (p)(2). This
results in a total discount of 0.8 (0.9 x 0.888 = 0.8).
(3) Credits are to be rounded to the nearest one-hundredth of a
Megagram.
(4) To calculate credits relative to the NOX standards
listed in Sec. 86.1816-08 (a)(1)(iv)(A) or (a)(2)(iv)(A) (0.2 or 0.4
grams per mile, respectively) express the standard and FEL to the
nearest one-hundredth of a gram per mile prior to calculating the
credits. Thus, either 0.20 or 0.40 should be used as the value for
``Std''.
(5) Credits generated for 2008 and later model year test groups are
not discounted (except as specified in Sec. 86.1817-05(c) and paragraph
(p)(2) of this section), and do not expire.
(6) For the purpose of using or generating credits during a phase-
in of new standards, a manufacturer may elect to split an test group
into two subgroups: one which uses credits and one which generates
credits. The manufacturer must indicate in the application for
certification that the test group is to be split, and may assign the
numbers and configurations of vehicles within the respective
subfamilies at any time prior to the submission of the end-of-year
report described in Sec. 86.1817-05 (i)(3). Manufacturers certifying a
split test group may label all of the vehicles within that test group
with the same FELs: either with a NOX FEL and an NMHC FEL,
or with a single NOX+NMHC FEL. The FEL(s) on the label will
apply for all SEA or other compliance testing.
(7) Vehicles meeting all of the applicable standards of
Sec. 86.1816-08 prior to model year 2008 may generate NMHC credits for
use by 2008 or later test groups. Credits are calculated according to
Sec. 86.1817-05(c), except that the applicable FEL cap listed in
Sec. 86.1816-08(a)(1)(ii)(B) or (2)(ii)(B) applies instead of ``Std''
(the applicable standard).
50. A new Sec. 86.1824-07 is added to subpart S, to read as
follows:
[[Page 5193]]
Sec. 86.1824-07 Durability demonstration procedures for evaporative
emissions.
Sec. 86.1824-07 includes text that specifies requirements that
differ from those specified in Sec. 86.1824-01. Where a paragraph in
Sec. 86.1824-01 is identical and applicable to Sec. 86.1824-07, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec. 86.1824-01.''. This
section applies to gasoline-, methanol-, natural gas- and liquefied
petroleum gas-fueled LDV/Ts, MDPVs, and HDVs.
(a) through (f) [Reserved]. For guidance see Sec. 86.1824-01.
51. Sec. 86.1829-01 is amended by revising paragraph (b)(1)(iii)(B)
and adding paragraph (b)(1)(iii)(F) to read as follows:
Sec. 86.1829-01 Durability and emission testing requirements; waivers.
* * * * *
(b) * * *
(1) * * *
(iii)* * *
(B) In lieu of testing an Otto-cycle light-duty vehicle, light-duty
truck, or heavy-duty vehicle for particulate emissions for
certification, a manufacturer may provide a statement in its
application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information.
* * * * *
(F) In lieu of testing a petroleum-fueled heavy-duty vehicle for
formaldehyde emissions for certification, a manufacturer may provide a
statement in its application for certification that such vehicles
comply with the applicable standards. Such a statement must be based on
previous emission tests, development tests, or other appropriate
information.
* * * * *
52. A new Sec. 86.1863-07 is added to subpart S, to read as
follows:
Sec. 86.1863-07 Optional chassis certification for diesel vehicles.
(a) A manufacturer may optionally certify heavy-duty diesel
vehicles under 14,000 pounds GVWR to the standards specified in
Sec. 86.1816-08. Such vehicles must meet all requirements of Subpart S
that are applicable to Otto-cycle vehicles, except for evaporative,
refueling, and OBD requirements.
(b) Diesel vehicles optionally certified under this section are
subject to the OBD requirements of Sec. 86.005-17.
(c) Diesel vehicles optionally certified under this section may be
tested using the test fuels, sampling systems, or analytical systems
specified for diesel engines in Subpart N of this part.
(d) Diesel vehicles optionally certified under this section may not
be included in any averaging, banking, or trading program.
(e) The provisions of Sec. 86.004-40 apply to the engines in
vehicles certified under this section.
(f) Diesel vehicles may be certified under this section to the
standards applicable to model year 2008 prior to model year 2008.
(g) Diesel vehicles optionally certified under this section in
model years 2007, 2008, or 2009 shall be included in phase-in
calculations specified in Sec. 86.007-11(g).
[FR Doc. 01-2 Filed 1-17-01; 8:45 am]
BILLING CODE 6560-50-P
![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20090509213211im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}