[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: 40CFR86.098-23]

[Page 381-385]
 
                   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. 86.098-23  Required data.

    Section 86.098-23 includes text that specifies requirements that 
differ from Sec. 86.095-23. Where a paragraph in Sec. 86.095-23 is 
identical and applicable to Sec. 86.098-23, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.095-23.''
    (a) The manufacturer shall perform the tests required by the 
applicable test procedures and submit to the Administrator the 
information described in paragraphs (b) through (m) of this section, 
provided, however, that if requested by the manufacturer, the 
Administrator may waive any requirement of this section for testing of a 
vehicle (or engine) for which emission data are available or will be 
made available under the provisions of Sec. 86.091-29.
    (b) Durability data. (1)(i) The manufacturer shall submit 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) The manufacturer shall submit exhaust emission deterioration 
factors for light-duty trucks and HDEs and all test data that are 
derived from the testing described under Sec. 86.094-21(b)(5)(i)(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. 
86.098-30 will meet each emission standard (or family emission limit, as 
appropriate) in Sec. 86.094-9, Sec. 86.098-10, Sec. 86.098-11 or 
superseding emissions standards sections as appropriate, in actual use 
for the useful life applicable to that standard.
    (b)(2) For light-duty vehicles and light-duty trucks, the 
manufacturer shall submit evaporative emission and/or refueling emission 
deterioration factors for each evaporative/refueling emission family-
emission control system combination and all test data that are derived 
from testing described under Sec. 86.098-21(b)(4)(i) designed and 
conducted in accordance with good engineering practice to assure that 
the vehicles covered by a certificate issued

[[Page 382]]

under Sec. 86.098-30 will meet the evaporative and/or refueling 
emission standards in Sec. 86.098-8 or Sec. 86.098-9, as appropriate, 
for the useful life of the vehicle.
    (3) For heavy-duty vehicles equipped with gasoline-fueled or 
methanol-fueled engines, the manufacturer shall submit evaporative 
emission deterioration factors for each evaporative emission family-
evaporative emission control system combination identified in accordance 
with Sec. 86.094-21(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 under Sec. 86.098-30 will meet the 
evaporative emission standards in Sec. Sec. 86.096-10 and 86.098-11 or 
superseding emissions standards sections as applicable 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, the manufacturer shall submit a written statement to the 
Administrator certifying that the manufacturer's vehicles meet the 
standards of Sec. 86.098-10 or Sec. 86.098-11 or superseding emissions 
standards sections as applicable as determined by the provisions of 
Sec. 86.098-28. Furthermore, the manufacturer shall submit a written 
statement to the Administrator that all data, analyses, test procedures, 
evaluations, and other documents, on which the requested 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, the manufacturer shall submit 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. 86.096-10 or Sec. 86.098-11 or superseding 
emissions standards sections as applicable as determined by the 
provisions of Sec. 86.098-28. Furthermore, the manufacturer shall 
submit a written statement to the Administrator that all data, analyses, 
test procedures, evaluations, and other documents, on which the 
requested statement is based, are available to the Administrator upon 
request.
    (b)(4)(iii) For petroleum-fueled diesel-cycle vehicles certifying 
under the waiver provisions of Sec. 86.098-28, the certifications and 
representations specified in Sec. 86.098-28.
    (c)(1) [Reserved]. For guidance see Sec. 86.095-23.
    (c)(2) Certification engines. (i) 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. 
86.098-26(c)(4). These data shall also include, where there is a 
combined standard (e.g., NMHC + NOX), emissions data for the 
individual pollutants as well as for the pollutants when combined. In 
lieu of providing emission data on idle CO emissions or particulate 
emissions from methanol-fueled diesel-cycle 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. 
86.094-11 or superseding emissions standards sections as applicable. 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

[[Page 383]]

engine will conform with the applicable emissions standards of Sec. 
86.098-11 or superseding emissions standards sections as applicable, 
except for engines with a particulate matter certification level 
exceeding 0.25 grams per brake horsepower-hour. In lieu of providing 
emissions data on smoke emissions from petroleum-fueled or methanol-
fueled diesel engines when conducting Selective Enforcement Audit 
testing under 40 CFR part 86, subpart K, 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 Sec. 86.098-11 or superseding emissions 
standards sections as applicable, except for engines with a particulate 
matter certification level exceeding 0.25 grams per brake horsepower-
hour.
    (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 confirmatory, Selective 
Enforcement Audit, 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) The manufacturer shall submit a statement that the vehicles (or 
engines) for which certification is requested conform to the 
requirements in Sec. 86.090-5(b), and that the descriptions of tests 
performed to ascertain compliance with the general standards in Sec. 
86.090-5(b), and that the data derived from such tests, are available to 
the Administrator upon request.
    (e)(1) The manufacturer shall submit a statement that the test 
vehicles (or test engines) for 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, that they 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 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) were not as described 
in the application for certification or were 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. 86.098-30(b) shall then be followed.
    (2) For evaporative and refueling emission durability, or light-duty 
truck or HDE exhaust emission durability, the manufacturer shall submit 
a statement of compliance with paragraph (b)(1)(ii),(b)(2), (b)(3) or 
(b)(4) of this section, as applicable.
    (3) For certification of vehicles with non-integrated refueling 
systems, a statement that the drivedown used to purge the refueling 
canister was the same as described in the manufacturers' application for 
certification. Furthermore, a description of the procedures used to 
determine the number of equivalent UDDS miles required to purge the 
refueling canisters, as determined by the provisions of Sec. 86.098-
21(b)(5)(v) and subpart B of this part. 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.
    (f)-(g) [Reserved]. For guidance see Sec. 86.095-23.
    (h) Additionally, manufacturers participating in any of the 
emissions ABT programs under Sec. 86.098-15 or superseding ABT sections 
for HDEs shall submit for each participating family the items listed in 
paragraphs (h) (1) through (3) of this section.

[[Page 384]]

    (1) Application for certification. (i) The application for 
certification will include 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 ABT programs, cause the applicable 
emissions standard(s) to be exceeded.
    (ii) The application for certification will also include 
identification of the section of this subpart under which the family is 
participating in ABT (i.e., Sec. 86.098-15 or superseding ABT 
sections), the type (NOX, NOX+NMHC, or particulate) and the 
projected number of credits generated/needed for this family, the 
applicable averaging set, the projected U.S. (49-state or 50 state, as 
applicable) production volumes, by quarter, NCPs in use on a similar 
family and the values required to calculate credits as given in the 
applicable ABT section. 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 the applicable ABT 
section. The application must project that each engine family will be in 
compliance with the applicable emission standards based on the engine 
mass emissions and credits from averaging, trading and banking.
    (2) [Reserved]
    (3) End-of-year report. The manufacturer shall submit end-of-year 
reports for each engine family participating in any of the ABT programs, 
as described in paragraphs (h)(3)(i) through (iv) of this section.
    (i) These reports shall be submitted within 90 days of the end of 
the model year to: Director, Engine Programs and Compliance Division 
(6405J), 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 or 50-state, as applicable) production 
volume, the values required to calculate credits as given in the 
applicable ABT section, the resulting type 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). Any credit 
discount factor described in the applicable ABT section must be included 
as required.
    (iii) The 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 changes in the production counts, may be corrected up 
to 180 days subsequent to submission of the end-of-year report. Errors 
discovered by EPA after 180 days shall be corrected if credits are 
reduced. Errors in the manufacturer's favor will not be corrected if 
discovered after the 180 day correction period allowed.
    (i) Failure by a manufacturer participating in the ABT 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 
(42 U.S.C. 7522(a)(1)) for each such vehicle and engine.
    (j) Failure by a manufacturer generating credits for deposit only in 
the HDE 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 in paragraphs (f) through (j) of this section.
    (l) [Reserved]. For guidance see Sec. 86.095-23.
    (m) Additionally, except for small-volume manufacturers, 
manufacturers certifying vehicles shall submit for each model year 1998 
light-duty vehicle, light-duty truck, and gasoline- and

[[Page 385]]

methanol-fueled heavy-duty vehicle evaporative family:
    (1) In the application for certification the projected sales volume 
of evaporative families certifying to the respective evaporative test 
procedure and accompanying standards as set forth or otherwise 
referenced in Sec. Sec. 86.090-8, 86.090-9, 86.091-10 and 86.094-11 or 
as set forth or otherwise referenced in Sec. Sec. 86.096-8, 86.096-9, 
86.096-10 and 86.098-11 or as set forth or otherwise referenced in 
superseding emissions standards sections. Volume projected to be 
produced for U.S. sale may be used in lieu of projected U.S. sales.
    (2) End-of-year reports for each evaporative family.
    (i) These end-of-year reports shall be submitted within 90 days of 
the end of the model year to: For heavy-duty engines--Director, Engine 
Programs and Compliance Divisions (6403J), For vehicles--Director, 
Vehicle Compliance and Programs Division (6405J), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    (ii) These reports shall indicate the model year, evaporative family 
and the actual U.S. sales volume. The manufacturer may petition the 
Administrator to allow volume produced for U.S. sale to be used in lieu 
of U.S. sales. Such petition shall be submitted within 30 days of the 
end of the model year to the Manufacturers Operations Division. For the 
petition to be granted, the manufacturer must establish to the 
satisfaction of the Administrator that production volume is functionally 
equivalent to sales volume.
    (iii) The U.S. sales volume for end-of-year reports shall be based 
on the location of the point of sale to a dealer, distributor, fleet 
operator, broker, or any other entity that comprises the point of first 
sale.
    (iv) Failure by a manufacturer to submit the end-of-year report 
within the specified time may result in certificate(s) for the 
evaporative family(ies) being voided ab initio plus any applicable civil 
penalties for failure to submit the required information to the Agency.
    (v) The information shall be organized in such a way as to allow the 
Administrator to determine compliance with the Evaporative Emission 
Testing implementation schedules of Sec. Sec. 86.096-8, 86.096-9, 
86.096-10 and 86.098-11.

[58 FR 16025, Mar. 24, 1993, as amended at 58 FR 34536, June 28, 1993; 
59 FR 16290, Apr. 6, 1994; 62 FR 54717, Oct. 21, 1997]