[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: 40CFR86.163-00]

[Page 577-578]
 
                   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 B_Emission Regulations for 1977 and Later Model Year New Light-
 
Sec. 86.163-00  Spot check correlation procedures for vehicles tested 

using a simulation of the environmental test cell for air conditioning 
emission testing.

    This section is applicable for vehicles which are tested using a 
simulation of the environmental test cell approved under the provisions 
of Sec. 86.162-00(a).
    (a) The Administrator may select up to five emission data vehicles 
(one emission data vehicle for small volume manufacturers), including 
vehicles submitted for running change approval, each model year for any 
manufacturer undergoing the spot checking procedures of this section.
    (b) Testing conducted under this section (including testing 
performed in an environmental test cell) will be considered as official 
data as described in Sec. 86.091-29 and used in determining compliance 
with the standards. Such testing must comply with all applicable 
emission standards of subpart A of this part. Retests for the purpose of 
emission compliance will be allowed using the procedures described in 
Sec. 86.091-29.
    (c) Spot check procedures. (1) Subject to the limitations of 
paragraphs (a) and (d)(2)(iii) of this section, the Administrator may 
require that one or more of the test vehicles which use a simulation 
rather than actual testing in an environmental test cell for air 
conditioning emission testing be submitted at a place the Administrator 
will designate for air conditioning emission testing in an environmental 
test cell as described in Sec. 86.160-00. The Administrator may order 
this testing to be conducted at a manufacturer facility. All 
manufacturers which use a simulation instead of environmental cell 
testing must have access to an environment test cell meeting the 
requirements of Sec. 86.161-00 to perform this testing.
    (2) An air conditioning emission test will be performed as described 
in Sec. 86.162-00 in a full environmental test cell.

[[Page 578]]

    (i) The results of the original simulation test and the full 
environmental test cell required in paragraph (c)(1) of this section are 
compared. In order to pass the spot check, the test results must pass 
both the following two criteria:
    (A) The NOX emission results of the simulation test must 
be at least 85% of the NOX emission results of the 
environmental chamber test.
    (B) The fuel consumption of the simulation test must be at least 95% 
of the fuel consumption of the environmental chamber test.
    (ii) If either of two criteria of paragraph (c)(2)(i) of this 
section were not met, a retest is allowed. The manufacturer may elect to 
conduct either a retest of the simulation procedure or the environmental 
chamber testing. In order to pass the spot check, the test results must 
pass both the following two criteria using the retest test result.
    (A) The NOX emission results of the simulation test must 
be at least 85% of the NOX emission results of the 
environmental chamber test.
    (B) The fuel consumption of the simulation test must be at least 95% 
of the fuel consumption of the environmental chamber test.
    (iii) If either of the two criteria of paragraph (c)(2)(ii) of this 
section were not met, a second retest is allowed. The procedure not 
selected for the first retest must be used for the second retest, 
yielding two test results for each procedure. In order to pass the spot 
check, the test results must pass both the following two criteria using 
the average test result for each procedure:
    (A) The NOX emission results of the simulation test must 
be at least 85% of the NOX emission results of the 
environmental chamber test.
    (B) The fuel consumption of the simulation test must be at least 95% 
of the fuel consumption of the environmental chamber test.
    (iv) If the spot check criteria have not passed after any of the 
initial test, the first retest, or the second retest the spot check is 
considered failed.
    (d) Consequences of failing a spot check. (1) If the emission 
results of the testing using the environmental test chamber passes all 
the applicable standards, those test results may be used to obtain a 
certificate of conformity.
    (2) The Administrator will allow up to 60 days for the manufacturer 
to supply additional data addressing the correlation of the simulation 
with a full environmental test cell.
    (i) If that data prove to the satisfaction of the Administrator that 
the simulation produces results that correlate sufficiently with the 
environmental test chamber, the Administrator may allow the continued 
use of the simulation.
    (ii) Otherwise, the Administrator will determine that the simulation 
fails to meet adequate correlation levels with full environmental 
testing. As a consequence of this finding, all future air conditioning 
emission testing on the population of vehicles represented by the 
failing-spot-check test vehicle (which may include past model year 
configurations) will be conducted using an environment chamber or a 
different (or corrected) approved simulation procedure.
    (iii) For each vehicle that fails a spot check, the Administrator 
may select up to two additional vehicles to test for the spot check that 
do not count against the five vehicle limit of paragraph (a) of this 
section.
    (e) EPA will monitor the aggregate results of spot check testing and 
full environmental test cells. If EPA determines, based on such 
aggregate results, that any simulation (other than the AC1 and AC2 
procedures described in paragraphs (b) and (c) of this section for the 
2000, 2001, and 2002 model years) is producing test results consistently 
below those from a full environmental test cell, EPA may review its 
approval of the simulation.

[61 FR 54899, Oct. 22, 1996]