[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: 40CFR86.090-2]

[Page 103-105]
 
                   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. 86.090-2  Definitions.

    The definitions in Sec. 86.088-2 remain effective. The definitions 
in this section apply beginning with the 1990 model year.
    Averaging for heavy-duty engines means the exchange of 
NOX and particulate emission credits among engine families 
within a given manufacturer's product line.
    Averaging set means a subcategory of heavy-duty engines within which 
engine families can average and trade emission credits with one other.
    Banking means the retention of heavy-duty engine NOX and 
particulate emission credits, by the manufacturer generating the 
emission credits, for use in future model year certification programs as 
permitted by regulation.
    Composite particulate standard, for a manufacturer which elects to 
average light-duty vehicles and light-duty trucks together in either the 
petroleum-fueled or methanol-fueled light-duty particulate averaging 
program, means that standards calculated using the following equation 
and rounded to the nearest one-hundredth (0.01) of a gram per mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.007

Where:

PRODLDV represents the manufacturer's total petroleum-fueled 
diesel or methanol-fueled diesel light-duty vehicle production for those 
engine families being included in the appropriate average for a given 
model year.
STDLDV represents the light-duty vehicle particulate 
standard.
PRODLDT represents the manufacturer's total petroleum-fueled 
diesel or methanol-fueled diesel light-duty truck production for those 
engine families being included in the appropriate average for a given 
model year.
STDLDT represents the light-duty truck particulate standard.

    Dedicated vehicle (or engine) means any motor vehicle (or motor 
vehicle engine) engineered and designed to be operated using a single 
fuel. Flexible fuel vehicles and multi-fuel vehicles are not dedicated 
vehicles.
    Diesel means type of engine with operating characteristics 
significantly similar to the theoretical Diesel combustion cycle. The 
non-use of a throttle during normal operation is indicative of a diesel 
engine.
    Dual fuel vehicle (or engine) means any motor vehicle (or motor 
vehicle engine) engineered and designed to be operated on two different 
fuels, but not on a mixture of fuels.
    Emission credits mean the amount of emission reductions or 
exceedances, by a heavy-duty engine family, below or above the emission 
standard, respectively. Emission credits below the standard are 
considered as ``positive credits,'' while emission credits above the 
standard are considered as ``negative credits.'' In addition, 
``projected credits'' refer to emission credits based on the projected 
U.S. production volume of the engine family. ``Reserved credits'' are 
emission credits generated within a model year waiting to be reported to 
EPA at the end of the model year. ``Actual credits'' refer to emission 
credits based on actual U.S. production volumes as contained in the end-
of-year reports submitted to EPA. Some or all of these credits may be 
revoked if EPA review of the end of year reports or any subsequent audit 
actions uncover problems or errors.
    Family emission limit (FEL) means an emission level declared by the 
manufacturer which serves in lieu of an emission standard for 
certification purposes in any of the averaging, trading,

[[Page 104]]

or banking programs. FELs must be expressed to the same number of 
decimal places as the applicable emission standard. The FEL for an 
engine family using NOX or particulate NCPs must equal the 
value of the current NOX or particulate emission standard.
    Flexible fuel vehicle (or engine) means any motor vehicle (or motor 
vehicle engine) engineered and designed to be operated on any mixture of 
two or more different fuels.
    Methanol-fueled means any motor vehicle or motor vehicle engine that 
is engineered and designed to be operated using methanol fuel (i.e., a 
fuel that contains at least 50 percent methanol (CH3OH) by 
volume) as fuel. Flexible fuel vehicles are methanol-fueled vehicles.
    Non-oxygenated hydrocarbon means organic emissions measured by a 
flame ionization detector, excluding methanol.
    Otto-cycle means type of engine with operating characteristics 
significantly similar to the theoretical Otto combustion cycle. The use 
of a throttle during normal operation is indicative of an Otto-cycle 
engine.
    Primary intended service class means:
    (a) The primary service application group for which a heavy-duty 
diesel engine is designed and marketed, as determined by the 
manufacturer. The primary intended service classes are designated as 
light, medium, and heavy heavy-duty diesel engines. The determination is 
based on factors such as vehicle GVW, vehicle usage and operating 
patterns, other vehicle design characteristics, engine horsepower, and 
other engine design and operating characteristics.
    (1) Light heavy-duty diesel engines usually are non-sleeved and not 
designed for rebuild; their rated horsepower generally ranges from 70 to 
170. Vehicle body types in this group might include any heavy-duty 
vehicle built for a light-duty truck chassis, van trucks, multi-stop 
vans, recreational vehicles, and some single axle straight trucks. 
Typical applications would include personal transportation, light-load 
commercial hauling and delivery, passenger service, agriculture, and 
construction. The GVWR of these vehicles is normally less than 19,500 
lbs.
    (2) Medium heavy-duty diesel engines may be sleeved or non-sleeved 
and may be designed for rebuild. Rated horsepower generally ranges from 
170 to 250. Vehicle body types in this group would typically include 
school buses, tandem axle straight trucks, city tractors, and a variety 
of special purpose vehicles such as small dump trucks, and trash 
compactor trucks. Typical applications would include commercial short 
haul and intra-city delivery and pickup. Engines in this group are 
normally used in vehicles whose GVWR varies from 19,500-33,000 lbs.
    (3) Heavy heavy-duty diesel engines are sleeved and designed for 
multiple rebuilds. Their rated horsepower generally exceeds 250. 
Vehicles in this group are normally tractors, trucks, and buses used in 
inter-city, long-haul applications. These vehicles normally exceed 
33,000 lbs. GVWR.
    Production weighted particulate average means the manufacturer's 
production-weighted average particulate emission level, for 
certification purposes, of all of its diesel engine families included in 
the light-duty particulate averaging program. It is calculated at the 
end of the model year by multiplying each family particulate emission 
limit by its respective production, summing those terms, and dividing 
the sum by the total production of the effected families. Those vehicles 
produced for sale in California or at high altitude shall each be 
averaged separately from those produced for sale in any other area.
    Throttle means a device used to control an engine's power output by 
limiting the amount of air entering the combustion chamber.
    Total Hydrocarbon Equivalent means the sum of the carbon mass 
emissions of non-oxygenated hydrocarbons, methanol, formaldehyde or 
other organic compounds that are separately measured, expressed as 
gasoline-fueled vehicle hydrocarbons. In the case of exhaust emissions, 
the hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1. In 
the case of diurnal and hot soak emissions, the hydrogen-to-carbon 
ratios of the equivalent hydrocarbons are 2.33:1 and 2.2:1, 
respectively.

[[Page 105]]

    Trading means the exchange of heavy-duty engine NOX or 
particulate emission credits between manufacturers.
    Useful life means:
    (a) For light-duty vehicles a period of use of 5 years or 50,000 
miles, whichever first occurs.
    (b) For a light-duty truck engine family, a period of use of 11 
years or 120,000 miles, whichever occurs first.
    (c) For an Otto-cycle heavy-duty engine family, a period of use of 8 
years of 110,000 miles, whichever first occurs.
    (d) For a diesel heavy-duty engine family:
    (1) For light heavy-duty diesel engines, period of use of 8 years or 
110,000 miles, whichever first occurs.
    (2) For medium heavy-duty diesel engines, a period of use of 8 years 
or 185,000 miles, whichever first occurs.
    (3) For heavy heavy-duty diesel engines, a period of use of 8 years 
or 290,000 miles, whichever first occurs.
    (e) As an option for both light-duty truck and heavy-duty engine 
families, an alternative useful life period assigned by the 
Administrator under the provisions of paragraph (f) of Sec. 86.090-21.
    (f) The useful-life period for purposes of the emissions defect 
warranty and emissions performance warranty shall be a period of 5 
years/50,000 miles whichever first occurs, for light-duty trucks, Otto 
cycle heavy-duty engines and light heavy-duty diesel engines. For all 
other heavy-duty diesel engines the aforementioned period is 5 years/
100,000 miles, whichever first occurs. However, in no case may this 
period be less than the manufacturer's basic mechanical warranty period 
for the engine family.

[55 FR 30612, July 26, 1990, as amended at 60 FR 34334, June 30, 1995; 
62 FR 31233, June 6, 1997]