[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: 40CFR86.091-23]
[Page 155-158]
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. 86.091-23 Required data.
(a) The manufacturer shall perform the tests required by the
applicable test procedures, and submit to the Administrator the
following information: Provided, however, That if requested by the
manufacturer, the Administrator may waive any requirement of this
section for testing of vehicle (or engine) for which emission data are
available or will be made available under the provisions of Sec.
86.091-29.
(b)(1)(i) Exhaust emission durability data on such light-duty
vehicles tested in accordance with applicable test procedures and in
such numbers as specified, which will show the performance of the
systems installed on or incorporated in the vehicle for extended
mileage, as well as a record of all pertinent maintenance performed on
the test vehicles.
(ii) Exhaust emission deterioration factors for light-duty trucks
and heavy-duty engines, and all test data that are derived from the
testing described under Sec. 86.091-21(b)(4)(iii)(A), as well as a
record of all pertinent maintenance. Such testing shall be designed and
conducted in accordance with good engineering practice to assure that
the engines covered by a certificate issued under Sec. 86.091-30 will
meet the emission standards (or family emission limits, as appropriate)
in Sec. 86.091-9, Sec. 86.091-10, or Sec. 86.091-11 as appropriate,
in actual use for the useful life of the engine.
(2) For light-duty vehicles and light-duty trucks, evaporative
emission deterioration factors for each evaporative emission family-
evaporative emission control system combination and all test data that
are derived from testing described under Sec. 86.091-21(b)(4)(i)
designed and conducted in accordance with good engineering practice to
assure that the vehicles covered by a certificate issued under Sec.
86.091-30 will meet the evaporative emission standards in Sec. 86.091-8
or Sec. 86.091-9, as appropriate, for the useful life of the vehicle.
(3) For heavy-duty vehicles equipped with gasoline-fueled or
methanol-fueled engines, evaporative emission deterioration factors for
each evaporative emission family-evaporative emission control system
combination identified in accordance with Sec. 86.091-21(b)(4)(ii).
Furthermore, a statement that the test procedure(s) used to derive the
deterioration factors includes, but need not be limited to, a
consideration of the ambient effects of ozone and temperature
fluctuations, and the service accumulation effects of vibration, time,
and vapor saturation and purge cycling. The deterioration factor test
procedure shall be designed and conducted in accordance with good
engineering practice to assure that the vehicles covered by a
certificate issued
[[Page 156]]
under Sec. 86.091-30 will meet the evaporative emission standards in
Sec. 86.091-10 and Sec. 86.091-11 in actual use for the useful life of
the engine. Furthermore, a statement that a description of the test
procedure, as well as all data, analyses and evaluations, is available
to the Administrator upon request.
(4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of
up to 26,000 lbs and equipped with gasoline-fueled or methanol-fueled
engines, a written statement to the Administrator certifying that the
manufacturer's vehicles meet the standards of Sec. 86.091-10 or Sec.
86.091-11 (as applicable) as determined by the provisions of Sec.
86.091-28. Furthermore, a written statement to the Administrator that
all data, analyses, test procedures, evaluations, and other documents,
on which the above statement is based, are available to the
Administrator upon request.
(ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of
greater than 26,000 lbs and equipped with gasoline-fueled or methanol-
fueled engines, a written statement to the Administrator certifying that
the manufacturer's evaporative emission control systems are designed,
using good engineering practice, to meet the standards of Sec. 86.091-
10 or Sec. 86.091-11 (as applicable) as determined by the provisions of
Sec. 86.09l-28. Furthermore, a written statement to the Administrator
that all data, analyses, test procedures, evaluations, and other
documents, on which the above statement is based, are available to the
Administrator upon request.
(c) Emission data. (1) Emission data, including in the case of
methanol fuel, methanol, formaldehyde and total hydrocarbon equivalent
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. 86.090-26(a)(3)(i) or Sec. 86.090-26(a)(3)(ii). In
lieu of providing emission data on idle CO emissions, smoke emissions or
particulate emissions from methanol-fueled diesel certification vehicles
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 Sec. 86.090-8 or Sec.
86.090-9.
(2) Certification engines. (i) 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. 86.090-26(c)(4). In lieu of providing emission data
on idle CO emissions or particulate emissions from methanol-fueled
diesel certification engines, or on CO emissions from petroleum-fueled
or methanol-fueled diesel 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 Sec. 86.091-11.
(ii) For heavy-duty diesel engines, a manufacturer may submit hot-
start data only, in accordance with subpart N of this part, when making
application for certification. However, for conformity SEA and recall
testing by the Agency, both the cold-start and hot-start test data, as
specified in subpart N of this part, will be included in the official
results.
(d) A statement that the vehicles (or engines) for which
certification is requested conform to the requirements in Sec. 86.084-
5(b), and that the descriptions of tests performed to ascertain
compliance with the general standards in Sec. 86.084-5(b), and the data
derived from such tests, are available to the Administrator upon
request.
(e)(1) A statement that the test vehicles (or test engines) with
respect to which data are submitted to demonstrate compliance with the
applicable standards (or family emission limits, as appropriate) of this
subpart are in all material respects as described in the manufacturer's
application for certification, have been tested in accordance with the
applicable test procedures utilizing the fuels and equipment described
in the application for certification and that on the basis of such
[[Page 157]]
tests the vehicles (or engines) conform to the requirements of this
part. If such statements cannot be made with respect to any vehicle (or
engine) tested, the vehicle (or engine) shall be identified, and all
pertinent data relating thereto shall be supplied to the Administrator.
If, on the basis of the data supplied and any additional data as
required by the Administrator, the Administrator determines that the
test vehicles (or test engine) was not as described in the application
for certification or was not tested in accordance with the applicable
test procedures utilizing the fuels and equipment as described in the
application for certification, the Administrator may make the
determination that the vehicle (or engine) does not meet the applicable
standards (or family emission limits, as appropriate). The provisions of
Sec. 86.091-30(b) shall then be followed.
(2) For evaporative emission durability, or light-duty truck or
heavy-duty engine exhaust emission durability, a statement of compliance
with paragraph (b)(1)(ii), (b)(2), or (b)(3) of this section, as
applicable.
(f) Additionally, manufacturers participating in the particulate
averaging program for diesel light-duty vehicles and diesel light-duty
trucks shall submit:
(1) In the application for certification, a statement that the
vehicles for which certification is requested will not, to the best of
the manufacturer's belief, when included in the manufacturer's
production-weighted average emission level, cause the applicable
particulate standard(s) to be exceeded.
(2) No longer than 90 days after the end of a given model year of
production of engine families included in one of the diesel particulate
averaging programs, the number of vehicles produced in each engine
family at each certified particulate FEL, along with the resulting
production-weighted average particulate emission level.
(g) Additionally, manufacturers participating in the NOX
averaging program for light-duty trucks shall submit:
(1) In the application for certification, a statement that the
vehicles for which certification is required will not, to the best of
the manufacturer's belief, when included in the manufacturer's
production-weighted average emission level, cause the applicable
NOX standard(s) to be exceeded.
(2) No longer than 90 days after the end of a given model year of
production of engine families included in the NOX averaging
program, the number of vehicles produced in each engine family at each
certified NOX emission level.
(h) Additionally, manufacturers participating in any of the
NOX and/or particulate averaging, trading, or banking
programs for heavy-duty engines shall submit for each participating
family:
(1) In the application for certification:
(i) A statement that the engines for which certification is
requested will not, to the best of the manufacturer's belief, when
included in any of the averaging, trading, or banking programs cause the
applicable NOX or particulate standard(s) to be exceeded.
(ii) The type (NOX or particulate) and the projected
number of credits generated/needed for this family, the applicable
averaging set, the projected U.S. (49-state) production volumes, by
quarter, NCPs in use on a similar family and the values required to
calculate credits as given in Sec. 86.091-15. Manufacturers shall also
submit how and where credit surpluses are to be dispersed and how and
through what means credit deficits are to be met, as explained in Sec.
86.091-15. The application must project that each engine family will be
in compliance with the applicable NOX and/or particulate
emission standards based on the engine mass emissions, and credits from
averaging, trading and banking.
(3) End-of-year reports for each engine family participating in any
of the averaging, trading, or banking programs.
(i) These reports shall be submitted within 90 days of the end of
the model year to: Director, Manufacturers Operations Division (EN-
340F), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
(ii) These reports shall indicate the engine family, the averaging
set, the actual U.S. (49-state) production volume, the values required
to calculate
[[Page 158]]
credits as given in Sec. 86.091-15, the resulting type (NOX
or particulate) and number of credits generated/required, and the NCPs
in use on a similar NCP family. Manufacturers shall also submit how and
where credit surpluses were dispersed (or are to be banked) and how and
through what means credit deficits were met. Copies of contracts related
to credit trading must also be included or supplied by the broker if
applicable. The report shall also include a calculation of credit
balances to show that net mass emissions balances are within those
allowed by the emission standards (equal to or greater than a zero
credit balance). The credit discount factor described in 86.091-15 must
be included as required.
(iii) The 49-state production counts for end-of-year reports shall
be based on the location of the first point of retail sale (e.g.,
customer, dealer, secondary manufacturer) by the manufacturer.
(iv) Errors discovered by EPA or the manufacturer in the end-of-year
report, including errors in credit calculation, may be corrected up to
90 days subsequent to submission of the end-of-year report. Errors
discovered by EPA after 90 days shall be corrected if credits are
reduced. Errors in the manufacturer's favor will not be corrected if
discovered after the 90 day correction period allowed.
(i) Failure by a manufacturer participating in the averaging,
trading, or banking programs to submit any quarterly or end-of-year
report (as applicable) in the specified time for all vehicles and
engines that are part of an averaging set is a violation of section
203(a)(1) of the Clean Air Act for each such vehicle and engine.
(j) Failure by a manufacturer generating credits for deposit only in
either the HDE NOX or particulate banking programs to submit
their end-of-year reports in the applicable specified time period (i.e.,
90 days after the end of the model year) shall result in the credits not
being available for use until such reports are received and reviewed by
EPA. Use of projected credits pending EPA review will not be permitted
in these circumstances.
(k) Engine families certified using NCPs are not required to meet
the requirements outlined above.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10659, Mar. 15, 1985, as amended at 50 FR 29384, July 19, 1985;
54 FR 14473, Apr. 11, 1989; 55 FR 30625, July 26, 1990; 56 FR 64711,
Dec. 12, 1991]