[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: 40CFR86.008-10]

[Page 80-82]
 
                   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. 86.008-10  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. 86.098-10, Sec. 86.099-10, Sec. 86.005-10. Where a 
paragraph in Sec. 86.098-10, Sec. 86.099-10, or Sec. 86.005-10 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. 86.098-10.'', ``[Reserved]. For guidance see 
Sec. 86.099-10.'', or ``[Reserved]. For guidance see Sec. 86.005-
10.''.
    (a)(1) Exhaust emissions from new 2008 and later model year Otto-
cycle HDEs shall not exceed:
    (i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NOX + NMHC) 
for engines fueled with either gasoline, natural gas, or liquefied 
petroleum gas. 1.0 grams per brake horsepower-hour (0.37 grams per 
megajoule).
    (B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NOX 
+ NMHCE) for engines fueled with methanol. 1.0 grams per brake 
horsepower-hour (0.37 grams per megajoule).
    (a)(1)(i)(C)-(a)(3)(ii) [Reserved]. For guidance see Sec. 86.005-
10.
    (4) [Reserved]
    (b) [Reserved]. For guidance see Sec. 86.099-10.
    (c) [Reserved]. For guidance see Sec. 86.098-10.
    (d) [Reserved]. For guidance see Sec. 86.005-10.
    (e) [Reserved]. For guidance see Sec. 86.099-10.
    (f) [Reserved]

[65 FR 59955, Oct. 6, 2000]

    Editorial Note: At 66 FR 5165, Jan. 18, 2001, Sec. 86.008-10 was 
added. However, Sec. 86.008-10 already existed. For the convenience of 
the user, the second Sec. 86.008-10 is set forth 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

[[Page 81]]

per 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)-(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)

[[Page 82]]

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. 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.