[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.004-21]

[Page 47-48]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES--Table of Contents
 
Subpart A_General Provisions for Emission Regulations for 1977 and Later 
 
Sec. 86.004-21  Application for certification.

    Section 86.004-21 includes text that specifies requirements that 
differ from Sec. 86.094-21 or Sec. 86.096-21. Where a paragraph in 
Sec. 86.094-21 or Sec. 86.096-21 is identical and applicable to Sec. 
86.004-21, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
21.'' or ``[Reserved]. For guidance see Sec. 86.096-21.''.
    (a)-(b)(3) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(4)(i) For light-duty vehicles and light-duty trucks, a 
description of the test procedures to be used to establish the 
evaporative emission and/or refueling emission deterioration factors, as 
appropriate, required to be determined and supplied in Sec. 86.001-
23(b)(2).
    (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(5)(v) For light-duty vehicles and applicable light-duty trucks 
with non-integrated refueling emission control systems, the number of 
continuous UDDS cycles, determined from the fuel economy on the UDDS 
applicable to the test vehicle of that evaporative/ refueling emission 
family-emission control system combination, required to use a volume of 
fuel equal to 85% of fuel tank volume.
    (6) Participation in averaging programs--(i) Particulate averaging. 
(A) If the manufacturer elects to participate in the particulate 
averaging program for diesel light-duty vehicles and/or diesel light-
duty trucks or the particulate averaging program for heavy-duty diesel 
engines, the application must list the family particulate emission limit 
and the projected U.S. production volume of the family for the model 
year.
    (B) The manufacturer shall choose the level of the family 
particulate emission limits, accurate to hundredth of a gram per mile or 
hundredth of a gram per brake horsepowerhour for HDEs.
    (C) The manufacturer may at any time during production elect to 
change the level of any family particulate emission limit(s) by 
submitting the new limit(s) to the Administrator and by demonstrating 
compliance with the limit(s) as described in Sec. Sec. 86.090-2 and 
86.094-28(b)(5)(i).
    (ii) NOX and NOX plus NMHC averaging. (A) If the manufacturer elects 
to participate in the NOX averaging program for light-duty 
trucks or otto-cycle HDEs or the NOX plus NMHC averaging 
program for diesel-cycle HDEs, the application must list the

[[Page 48]]

family emission limit and the projected U.S. production volume of the 
family for the model year.
    (B) The manufacturer shall choose the level of the family emission 
limits, accurate to one-tenth of a gram per mile or to one-tenth of a 
gram per brake horsepower-hour for HDEs.
    (C) The manufacturer may at any time during production elect to 
change the level of any family emission limit(s) by submitting the new 
limits to the Administrator and by demonstrating compliance with the 
limit(s) as described in Sec. Sec. 86.088-2 and 86.094-28(b)(5)(ii).
    (b)(7) and (b)(8) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(9) For each light-duty vehicle, light-duty truck, evaporative/
refueling emission family or heavy-duty vehicle evaporative emission 
family, a description of any unique procedures required to perform 
evaporative and/or refueling emission tests, as applicable, (including 
canister working capacity, canister bed volume, and fuel temperature 
profile for the running loss test) for all vehicles in that evaporative 
and/or evaporative/refueling emission family, and a description of the 
method used to develop those unique procedures.
    (10) For each light-duty vehicle or applicable light-duty truck 
evaporative/refueling emission family, or each heavy-duty vehicle 
evaporative emission family:
    (i) Canister working capacity, according to the procedures specified 
in Sec. 86.132-96(h)(1)(iv);
    (ii) Canister bed volume; and
    (iii) Fuel temperature profile for the running loss test, according 
to the procedures specified in Sec. 86.129-94(d).
    (c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
    (k) and (l) [Reserved]. For guidance see Sec. 86.096-21.
    (m) For model years 2004 through 2007, within 180 days after 
submission of the application for certification of a heavy-duty diesel 
engine, the manufacturer must provide emission test results from the 
Load Response Test conducted according to Sec. 86.1380-2004, including, 
at a minimum, test results conducted at each of the speeds identified in 
Sec. 86.1380-2004. Load Response Test data submissions are not 
necessary for carry-over engine families for which Load Response Test 
data has been previously submitted. In addition, upon approval of the 
Administrator, manufacturers may carry Load Response Test data across 
from one engine family to other engine families, provided that the 
carry-across engine families use similar emission control technology 
hardware which would be expected to result in the generation of similar 
emission data when run over the Load Response Test.
    (n) Upon request from EPA, a manufacturer must provide to EPA any 
hardware (including scan tools), passwords, and/or documentation 
necessary for EPA to read, interpret, and store (in engineering units if 
applicable) any information broadcast by an engine's on-board computers 
and electronic control modules which relates in any way to emission 
control devices and auxiliary emission control devices, provided that 
such hardware, passwords, or documentation exists and is not otherwise 
commercially available. Passwords include any information necessary to 
enable generic scan tools or personal computers access to proprietary 
emission related information broadcast by an engine's on-board computer, 
if such passwords exist. This requirement includes access by EPA to any 
proprietary code information which may be broadcast by an engine's on-
board computer and electronic control modules. Information which is 
confidential business information must be marked as such. Engineering 
units refers to the ability to read, interpret, and store information in 
commonly understood engineering units, for example, engine speed in 
revolutions per minute or per second, injection timing parameters such 
as start of injection in degree's before top-dead center, fueling rates 
in cubic centimeters per stroke, vehicle speed in miles per hour or 
kilometers per hour. This paragraph (n) does not restrict EPA authority 
to take any action authorized by section 208 of the Clean Air Act.

[62 FR 54724, Oct. 21, 1997, as amended at 65 FR 59947, Oct. 6, 2000]