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Title 40: Protection of Environment

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PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES

Authority:   42 U.S.C. 7401–7671q.

Editorial Note:   Nomenclature changes to part 86 appear at 60 FR 34377, June 30, 1995 and 69 FR 18803, Apr. 9, 2004.

§ 86.1   Reference materials.

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(a) The documents in paragraph (b) of this section have been incorporated by reference. The incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at U.S. EPA, OAR, 401 M St., SW., Washington, DC 20460, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(b) The following paragraphs and tables set forth the material that has been incorporated by reference in this part.

(1) ASTM material. The following table sets forth material from the American Society for Testing and Materials that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than this section, in which the matter is referenced. Copies of these materials may be obtained from American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959.

(2) SAE material. The following table sets forth material from the Society of Automotive Engineers that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than §86.1, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from Society of Automotive Engineers International, 400 Commonwealth Dr., Warrendale, PA, 15096–0001.

(3) ANSI material. The following table sets forth material from the American National Standards Institute that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than §86.1, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from the American National Standards Institute, 11 West 42nd Street, 13th Floor, New York, NY 10036.

(4) California regulatory requirements. The following table sets forth California regulatory requirements that have been incorporated by reference. The first column lists the name and date of the material. The second column lists the sections of the part, other than §86.1, in which the matter is referenced. The second column is presented for information only and may not be all-inclusive. Copies of these materials may be obtained from U.S. EPA, Office of Air and Radiation, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(5) ISO material. The following table sets forth material from the International Organization of Standardization that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than §86.1, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from the International Organization for Standardization, Case Postale 56, CH–1211 Geneva 20, Switzerland.

(6) NIST material. The following table lists material from the National Institute of Standards and Technology that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Government Printing Office, Washington, DC 20402 or download them from the Internet at http://www.nist.gov/.

[58 FR 16019, Mar. 24, 1993]

Editorial Note:   ForFederal Registercitations affecting §86.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

Subpart A—General Provisions for Emission Regulations for 1977 and Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled Heavy-Duty Vehicles

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Source:   42 FR 32907, June 28, 1977, unless otherwise noted.

§ 86.000-2   Definitions.

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The definitions of §86.098–2 continue to apply to 1998 and later model year vehicles. The definitions listed in this section apply beginning with the 2000 model year.

AC1 means a test procedure as described in §86.162–00 which simulates testing with air conditioning operating in an environmental test cell by adding the air conditioning compressor load to the normal dynamometer forces.

AC2 means a test procedure as described in §86.162–00 which simulates testing with air conditioning operating in an environmental test cell by adding a heat load to the passenger compartment.

Alternative fuels means any fuel other than gasoline and diesel fuels, such as methanol, ethanol, and gaseous fuels.

866 Cycle means the test cycle that consists of the last 866 seconds (seconds 505 to 1372) of the EPA Urban Dynamometer Driving Schedule, described in §86.115–00 and listed in appendix I, paragraph (a), of this part.

Environmental test cell means a test cell capable of wind-speed, solar thermal load, ambient temperature, and humidity control or simulation which meets the requirements of §86.161–00 for running emission tests with the air conditioning operating.

Federal Test Procedure, or FTP means the test procedure as described in §86.130–00 (a) through (d) and (f) which is designed to measure urban driving tail pipe exhaust emissions and evaporative emissions over the Urban Dynamometer Driving Schedule as described in appendix I to this part.

505 Cycle means the test cycle that consists of the first 505 seconds (seconds 1 to 505) of the EPA Urban Dynamometer Driving Schedule, described in §86.115–00 and listed in appendix I, paragraph (a), of this part.

SC03 means the test cycle, described in §86.160–00 and listed in appendix I, paragraph (h), of this part, which is designed to represent driving immediately following startup.

Supplemental FTP, or SFTP means the additional test procedures designed to measure emissions during aggressive and microtransient driving, as described in §86.159–00 over the US06 cycle, and also the test procedure designed to measure urban driving emissions while the vehicle's air conditioning system is operating, as described in §86.160–00 over the SC03 cycle.

US06 means the test cycle, described in §86.159–00 and listed in appendix I, paragraph (g), of this part, which is designed to evaluate emissions during aggressive and microtransient driving.

[61 FR 54878, Oct. 22, 1996]

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The abbreviations in §86.098–3 continue to apply to 1998 and later model year vehicles. The abbreviations in this section apply beginning with the 2000 model year:

A/C—Air conditioning

FTP—Federal Test Procedure

SFTP—Supplemental Federal Test Procedure

WOT—Wide Open Throttle

[61 FR 54878, Oct. 22, 1996]

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Section 86.000–7 includes text that specifies requirements that differ from §86.091–7, §86.094–7 or §86.096–7. Where a paragraph in §86.091–7, §86.094–7 or §86.096–7 is identical and applicable to §86.000–7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.091–7.” or “[Reserved]. For guidance see §86.094–7.” or “[Reserved]. For guidance see §86.096–7.”

(a) introductory text through (a)(2) [Reserved]. For guidance see §86.091–7.

(a)(3) [Reserved]. For guidance see §86.094–7.

(b)–(c)(2) [Reserved]. For guidance see §86.091–7.

(c)(3) [Reserved]. For guidance see §86.094–7.

(c)(4)–(d)(1)(v) [Reserved]. For guidance see §86.091–7.

(d)(1)(vi)–(d)(2)(iv) [Reserved]. For guidance see §86.094–7.

(d)(3)–(g) [Reserved]. For guidance see §86.091–7.

(h)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any model year 2000 through 2002 light-duty vehicle or light light-duty truck or model year 2002 through 2004 heavy light-duty truck that is certified shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle:

(i) EPA engine family;

(ii) Vehicle identification number;

(iii) Model year and production date;

(iv) Shipment date;

(v) Purchaser; and

(vi) Purchase contract.

(h)(2)–(h)(5) [Reserved]. For guidance see §86.094–7.

(h)(6) Voiding a certificate. (i) EPA may void ab initio a certificate for a vehicle certified to Tier 1 certification standards or to the respective evaporative and/or refueling test procedure and accompanying evaporative and/or refueling standards as set forth or otherwise referenced in §§86.000–8, 86.000–9, or 86.098–10 for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.

(h)(6)(ii)–(h)(7)(vi) [Reserved]. For guidance see §86.096–7.

(h)(7)(vii) EPA evaporative/refueling family.

[61 FR 54878, Oct. 22, 1996]

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Section 86.000–8 includes text that specifies requirements that differ from §86.096–8 or §86.099–8. Where a paragraph in §86.096–8 or §86.099–8 is identical and applicable to §86.000–8, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.096–8.” or “[Reserved]. For guidance see §86.099–8.”

(a)(1) introductory text through (a)(1)(ii)(B) [Reserved]. For guidance see §86.096–8.

(a)(1)(iii)–(b)(4) [Reserved]. For guidance see §86.099–8.

(b)(5) [Reserved]. For guidance see §86.096–8.

(b)(6) [Reserved]. For guidance see §86.099–8.

(c) [Reserved]. For guidance see §86.096–8.

(d) [Reserved]. For guidance see §86.099–8.

(e) SFTP dtandards. (1) Exhaust emissions from 2000 and later model year light-duty vehicles shall meet the additional SFTP standards of table A00–2 (defined by useful life, fuel type, and test type) according to the implementation schedule in table A00–1. The standards set forth in table A00–2 refer to exhaust emissions emitted over the Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of this part and collected and calculated in accordance with those procedures. Compliance with these standards are an additional requirement to the required compliance with Tier 1 standards as defined in §§86.096–8 (a)(1) introductory text through (a)(1)(ii)(B) and 86.099–8 (a)(1)(iii)–(a)(3):

(i) A minimum of the percentage shown in table A00–1 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable SFTP standards in table A00–2 when tested under the procedures in subpart B of this part indicated for 2000 and later model year light-duty vehicles.

(ii) Optionally, a minimum of the percentage shown in table A00–1 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable SFTP standards. Under this option, the light-duty vehicles shall not exceed the applicable SFTP standards in table A00–2, and the light light-duty trucks shall not exceed the applicable SFTP standards in table A00–4 of §86.000–9.

(iii) Sales percentages for the purposes of determining compliance with this paragraph (e)(1) shall be based on total actual U.S. sales of light-duty vehicles of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of paragraph (e)(1)(ii) of this section is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.

(iv) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A00–1. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.

(2) These SFTP standards do not apply to vehicles certified on alternative fuels, but the standards do apply to the gasoline and diesel fuel operation of flexible fuel vehicles and dual fuel vehicles.

(3) These SFTP standards do not apply to vehicles tested at high altitude.

(4) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine or emissions control hardware.

(5) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§86.108–00, 86.118–00, and 86.129–00, applies to all SFTP and FTP test elements as set forth in subpart B of this part for families which are designated as SFTP compliant under the implementation schedule in table A00–1.

(6) Small volume manufacturers, as defined in §86.094–14(b)(1) and (2), are exempt from the requirements of this paragraph (e) until model year 2002, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in §86.094–14(b)(5).

(7) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.

(8) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.

(9) Compliance with composite standards shall be demonstrated using the calculations set forth in §86.164–00.

(f) [Reserved]

(g)–(k) [Reserved]. For guidance see §86.096–8.

[61 FR 54878, Oct. 22, 1996]

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Section 86.000–9 includes text that specifies requirements that differ from §86.097–9 or §86.099–9. Where a paragraph in §86.097–9 or §86.099–9 is identical and applicable to §86.000–9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.097–9.” or “[Reserved]. For guidance see §86.099–9.”

(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see §86.097–9.

(a)(1)(iv)–(b)(4) [Reserved]. For guidance see §86.099–9.

(b)(5) [Reserved]

(c) [Reserved]. For guidance see §86.097–9.

(d) [Reserved]

(e) SFTP Standards. (1) Light light-duty trucks. (i) Exhaust emissions from 2000 and later model year light light-duty trucks shall meet the additional SFTP standards of table A00–4 (defined by useful life, fuel type, truck type, loaded vehicle weight (LVW), and test type) according to the implementation schedule in table A00–3. The standards set forth in table A00–4 refer to exhaust emissions emitted over the Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of this part and collected and calculated in accordance with those procedures. Compliance with these standards are an additional requirement to the required compliance with Tier 1 standards as defined in §§86.097–9(a)(1) introductory text through (a)(1)(iii) and 86.099–9(a)(1)(iv)–(a)(3):

(A) A minimum of the percentage shown in table A00–3 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable SFTP standards in table A00–4 when tested under the procedures in subpart B of this part indicated for 2000 and later model year light light-duty trucks.

(B) Optionally, a minimum of the percentage shown in table A00–3 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable SFTP standards. Under this option, the light-duty vehicles shall not exceed the applicable SFTP standards in table A00–2 of §86.000–8, and the light light-duty trucks shall not exceed the applicable SFTP standards in table A00–4.

(C) Sales percentages for the purposes of determining compliance with paragraph (e)(1)(i)(A) of this section shall be based on total actual U.S. sales of light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of §86.097–9(a)(1)(i)(B) is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.

(D) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A000–3. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.

(ii) These SFTP standards do not apply to light light-duty trucks certified on alternative fuels, but the standards do apply to the gasoline and diesel fuel operation of flexible fuel vehicles and dual fuel vehicles.

(iii) These SFTP standards do not apply to light light-duty trucks tested at high altitude.

(iv) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine or emissions control hardware.

(v) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§86.108–00, 86.118–00, and 86.129–00, applies to all SFTP and FTP test elements as set forth in subpart B of this part for engine families which are designated as SFTP compliant under the implementation schedule in table A00–3.

(vi) Small volume manufacturers, as defined in §86.094–14(b) (1) and (2), are exempt from the requirements of this paragraph (e) until model year 2002, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in §86.094–14(b)(5).

(vii) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which engine families will be used to attain the required implementation schedule sales percentages for certification purposes.

(viii) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same engine families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.

(ix) Compliance with composite standards shall be demonstrated using the calculations set forth in §86.164–00.

(2) Heavy light-duty trucks. (i) Exhaust emissions from 2002 and later model year heavy light-duty trucks shall meet the SFTP standards of table A00–6 (defined by useful life, fuel type, truck type, adjusted loaded vehicle weight (ALVW), and test type) according to the implementation schedule in table A00–5. The standards set forth in table A00–6 refer to exhaust emissions emitted over the Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of this part and collected and calculated in accordance with those procedures. Compliance with these standards are an additional requirement to the required compliance with Tier 1 standards as defined in §§86.097–9(a)(1) introductory text through (a)(1)(iii) and 86.099–9(a)(1)(iv)–(a)(3):

(A) A minimum of the percentage shown in table A00–5 of a manufacturer's sales of the applicable model year's heavy light-duty trucks shall not exceed the applicable SFTP standards in table A00–6 when tested under the procedures in subpart B of this part indicated for 2002 and later model year heavy light-duty trucks.

(B) Sales percentages for the purposes of determining compliance with paragraph (e)(1)(ii)(A) of this section shall be based on total actual U.S. sales of heavy light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.

(C) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A00–5. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.

(ii) These SFTP standards do not apply to heavy light-duty trucks certified on alternative fuels, but the standards do apply to the gasoline fuel operation of flexible fuel vehicles and dual fuel vehicles.

(iii) These SFTP standards do not apply to heavy light-duty trucks tested at high altitude.

(iv) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine of emissions control hardware.

(v) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§86.108–00, 86.118–00, and 86.129–00, applies to all SFTP and FTP test elements for families which are designated as SFTP compliant under the implementation schedule in table A00–5.

(vi) Small volume manufacturers, as defined in §86.094–14(b) (1) and (2), are exempt from the requirements of paragraph (e) of this section until model year 2004, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in §86.094–14(b)(5).

(vii) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.

(viii) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standard.

(ix) The NO_Xaveraging program is not applicable for determining compliance with the standards of table A00–6.

(x) Compliance with composite standards shall be demonstrated using the calculations set forth in §86.164–00.

(f) [Reserved]

(g)–(k) [Reserved]. For guidance see §86.097–9.

[61 FR 54879, Oct. 22, 1996]

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Section 86.000–15 includes text that specifies requirements that differ from §86.094–15 or §86.098–15. Where a paragraph in §86.094–15 or §86.098–15 is identical and applicable to §86.000–15, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–15.” or “[Reserved]. For guidance see §86.098–15.”.

(a)(1) Heavy-duty engines eligible for NO_Xand particulate averaging, trading and banking programs are described in the applicable emission standards sections in this subpart. All heavy-duty engine families which include any engines labeled for use in clean-fuel vehicles as specified in 40 CFR part 88 are not eligible for these programs. For manufacturers selecting Option 1 Otto-cycle engine standards contained in §86.005–10(f)(1), the ABT program requirements in §86.004–15 apply for 2003 model year Otto-cycle engines, rather than the provisions contained in this §86.000–15. Participation in these programs is voluntary.

(a)(2)–(b) [Reserved]. For guidance see §86.094–15.

(c) [Reserved]. For guidance see §86.098–15.

(d)–(i) [Reserved]. For guidance see §86.094–15.

(j) Optional program for early banking for diesel engines. Provisions set forth in §§86.094–15 (a), (b), (d)–(i), and 86.098–15 (c) apply except as specifically stated otherwise in §86.098–15 (j)(1)–(j)(3)(iii).

(j)(1)–(j)(3)(iii) [Reserved]. For guidance see §86.098–15.

(k) Optional program for early banking for Otto-cycle engines. Provisions set forth in §§86.094–15(a), (b), (d)–(i), and 86.098–15(c) apply except as specifically stated otherwise in this paragraph (k).

(1) To be eligible for the optional program described in this paragraph (k), the following must apply:

(i) Credits are generated from Otto-cycle heavy-duty engines which have been certified using certification durability demonstration procedures which meet the criteria contained in §86.004–26 and with deterioration factors calculated in accordance with §86.004–28.

(ii) During certification, the manufacturer shall declare its intent to include specific engine families in the program described in this paragraph. Separate declarations are required for each program and no engine families may be included in both programs in the same model year.

(2) Credit generation and use. (i) Credits shall only be generated by 2000 and later model year engine families.

(ii) Except as provided in paragraph (k)(2)(iii) of this section, credits generated under this paragraph (k) may only be used for 2003 and later model year heavy-duty Otto-cycle engines subject to NO_Xor NO_Xplus NMHC standards more stringent than 4.0 g/bhp-hr. When used with 2003 and later model year engines, NO_Xcredits may be used to meet an applicable NO_Xplus NMHC standard, except as otherwise provided in §86.004–10(a)(1)(i)(C).

(iii) If a manufacturer chooses to use credits generated under this paragraph (k) for engine families subject to the NO_Xstandard contained in §86.098–10 (4.0 g/bhp-hr) the averaging, trading, and banking of such credits shall be governed by the program provided in §§86.094–15(a), (b), (d)–(i) and 86.098–15(c) and shall be subject to all discounting, credit life limits and all other provisions contained in §§86.094–15(a), (b), (d)–(i) and 86.098–15(c). In the case where the manufacturer can demonstrate that the credits were discounted under the program provided in this paragraph (k), that discount may be accounted for in the calculation of credits described in §86.098–15(c).

(iv) For NO_Xcredits generated under this paragraph (k), a Std value of 2.0 grams per brake horsepower-hour shall be used in place of the current and applicable NO_Xstandard in the credit availability equation in §86.098–15(c)(1).

(3) Program flexibilities. (i) NO_Xcredits that are banked under this paragraph (k) and not used as provided by paragraph (k)(2)(iii) of this section may be used without being forfeited due to credit age. The requirement in this paragraph (k)(3) applies instead of the requirements in §86.094–15(f)(2)(i).

(ii) There are no regional category restraints for averaging, trading, and banking of credits generated under the program described in this paragraph (k) except if they are used under paragraph (k)(2)(iii) of this section. This applies instead of the regional category provisions described in the introductory text of §86.094–15(d) and (e).

(iii) Credit discounting. (A) For NO_Xcredits generated under this paragraph (k) from engine families with NO_XFELs greater than 1.0 grams per brake horsepower-hour for oxides of nitrogen, a Discount value of 0.9 shall be used instead of 0.8 in the credit availability equation in §86.098–15(c)(1).

(B) For NO_Xcredits generated under this paragraph (k) from engine families with NO_XFELs less than or equal to 1.0 grams per brake horsepower-hour for oxides of nitrogen, a Discount value of 1.0 shall be used in place of 0.8 in the credit availability equation in §86.098–15 (c)(1).

(4) 2003 model year. Manufacturers selecting Option 1, described in §86.005–10(f)(1), may not generate or bank early credits under this paragraph (k) for the 2003 model year. Credit generation and banking provisions contained in §86.004–15 apply for the 2003 model year.

(l) Credit apportionment. At the manufacturer's option, credits generated under the provisions described in paragraph (j) or (k) of this section may be sold to or otherwise provided to another party for use in programs other than the averaging, trading and banking program described in this section.

(1) The manufacturer shall pre-identify two emission levels per engine family for the purposes of credit apportionment. One emission level shall be the FEL and the other shall be the level of the standard that the engine family is required to certify to under §86.098–10 or §86.098–11, as applicable. For each engine family, the manufacturer may report engine sales in two categories, “ABT-only credits” and “non-manufacturer-owned credits.”

(i) For engine sales reported as “ABT-only credits”, the credits generated must be used solely in the ABT program described in this section.

(ii) The engine manufacturer may declare a portion of engine sales “non-manufacturer-owned credits” and this portion of the credits generated between the standard and the FEL, based on the calculation in §86.098–15(c)(1), would belong to another party. For ABT, the manufacturer may not generate any credits for the engine sales reported as “non-manufacturer-owned credits.” Engines reported as “non-manufacturer-owned credits” shall comply with the FEL and the requirements of the ABT program in all other respects.

(2) Only manufacturer-owned credits reported as “ABT-only credits” shall be used in the averaging, trading, and banking provisions described in this section.

(3) Credits shall not be double-counted. Credits used in the ABT program may not be provided to an engine purchaser for use in another program.

(4) Manufacturers shall determine and state the number of engines sold as “ABT-only credits” and “non-manufacturer-owned credits” in the end-of-model year reports required under §86.098–23.

[65 FR 59944, Oct. 6, 2000]

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Section 86.000–16 includes text that specifies requirements that differ from §86.094–16. Where a paragraph in §86.094–16 is identical and applicable to §86.000–16, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–16.”

(a) No new light-duty vehicle, light-duty truck, heavy-duty vehicle, or heavy-duty engine shall be equipped with a defeat device.

(b) The Administrator may test or require testing on any vehicle or engine at a designated location, using driving cycles and conditions which may reasonably be expected to be encountered in normal operation and use, for the purpose of investigating a potential defeat device.

(c) [Reserved]. For guidance see §86.094–16.

(d) For vehicle and engine designs designated by the Administrator to be investigated for possible defeat devices:

(1) The manufacturer must show to the satisfaction of the Administrator that the vehicle or engine design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited during the Federal emissions test procedure when the vehicle or engine is operated under conditions which may reasonably be expected to be encountered in normal operation and use.

(d)(2)–(d)(2)(ii) [Reserved]. For guidance see §86.094–16.

[61 FR 54881, Oct. 22, 1996, as amended at 65 FR 59945, Oct. 6, 2000]

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Section 86.000–21 includes text that specifies requirements that differ from §86.094–21, §86.096–21 or §86.098–21. Where a paragraph in §86.094–21, §86.096–21 or §86.098–21 is identical and applicable to §86.000–21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–21.” or “[Reserved]. For guidance see §86.096–21.” or “[Reserved]. For guidance see §86.098–21.”

(a)–(b)(1)(i)(B) [Reserved]. For guidance see §86.094–21.

(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 (aggressive driving) and SC03 (air conditioning) test cycles.

(b)(1)(i)(C)( 1 )–(b)(1)(ii)(C) [Reserved]. For guidance see §86.094–21.

(b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of §§86.000–8 and 86.000–9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.

(b)(3) A description of the test equipment and fuel proposed to be used.

(b)(4)(i) [Reserved]. For guidance see §86.098–21.

(b)(4)(ii)–(b)(5)(iv) [Reserved]. For guidance see §86.094–21.

(b)(5)(v) [Reserved]. For guidance see §86.098–21.

(b)(6)–(b)(8) [Reserved]. For guidance see §86.094–21.

(b)(9)–(b)(10)(iii) [Reserved]. For guidance see §86.098–21.

(c)–(j) [Reserved]. For guidance see §86.094–21.

(k) and (l) [Reserved]. For guidance see §86.096–21.

[61 FR 54882, Oct. 22, 1996]

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Section 86.000–23 includes text that specifies requirements that differ from §86.095–23 or §86.098–23. Where a paragraph in §86.095–23 or §86.098–23 is identical and applicable to §86.000–23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.095–23.” or “[Reserved]. For guidance see §86.098–23.”

(a)–(b)(1)(ii) [Reserved]. For guidance see §86.095–23.

(b)(2) [Reserved]. For guidance see §86.098–23.

(b)(3)–(b)(4)(ii) [Reserved]. For guidance see §86.095–23.

(b)(4)(iii) [Reserved]. For guidance see §86.098–23.

(c)–(e)(1) [Reserved]. For guidance see §86.095–23.

(e)(2)–(e)(3) [Reserved]. For guidance see §86.098–23.

(f)–(k) [Reserved]. For guidance see §86.095–23.

(l) Additionally, manufacturers certifying vehicles shall submit for each model year 2000 through 2002 light-duty vehicle and light light-duty truck engine family and each model year 2002 through 2004 heavy light-duty truck engine family the information listed in paragraphs (l) (1) and (2) of this section.

(1) Application for certification. In the application for certification, the manufacturer shall submit the projected sales volume of engine families certifying to the respective standards. 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 engine family.

(i) These end-of-year reports shall be submitted within 90 days of the end of the model year to: Director, Vehicle Programs and Compliance Division, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(ii) These reports shall indicate the model year, engine 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 which 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 engine family(ies) certified to Tier 1 certification standards being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency.

(v) These reports shall include the information required under §86.000–7(h)(1). The information shall be organized in such a way as to allow the Administrator to determine compliance with the SFTP standards implementation schedules of §§86.000–8 and 86.000–9.

(m) [Reserved]. For guidance see §86.098–23.

[61 FR 54882, Oct. 22, 1996]

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Section 86.000–24 includes text that specifies requirements that differ from §86.096–24 or §86.098–24. Where a paragraph in §86.096–24 or §86.098–24 is identical and applicable to §86.000–24, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.096–24.” or “[Reserved]. For guidance see §86.098–24.”

(a) introductory text through (a)(4) [Reserved]. For guidance see §86.096–24.

(a)(5)–(a)(7) [Reserved]. For guidance see §86.098–24.

(a)(8)–(b)(1) introductory text [Reserved]. For guidance see §86.096–24.

(b)(1)(i) Vehicles are chosen to be operated and tested for emission data based upon engine family groupings. Within each engine family, one test vehicle is selected. If air conditioning is projected to be available on any vehicles within the engine family, the Administrator will limit selections to engine codes which have air conditioning available and will require that any vehicle selected under this section has air conditioning installed and operational. The Administrator selects as the test vehicle the vehicle with the heaviest equivalent test weight (including options) within the family which meets the air conditioning eligibility requirement discussed earlier in this section. If more than one vehicle meets this criterion, then within that vehicle grouping, the Administrator selects, in the order listed, the highest road-load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in that engine family, and the maximum fuel flow calibration.

(ii) The Administrator selects one additional test vehicle from within each engine family. The additional vehicle selected is the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family. The selected vehicle will include an air conditioning engine code unless the Administrator chooses a worst vehicle configuration that is not available with air conditioning. If all vehicles within the engine family are similar, the Administrator may waive the requirements of this paragraph.

(b)(1)(iii)–(b)(1)(vi) [Reserved]. For guidance see §86.096–24.

(b)(1)(vii)(A)–(b)(1)(viii)(A) [Reserved]. For guidance see §86.098–24.

(b)(1)(viii)(B)–(e)(2) [Reserved]. For guidance see §86.096–24.

(f) [Reserved]. For guidance see §86.098–24.

(g)(1)–(g)(2) [Reserved]. For guidance see §86.096–24.

(g)(3) Except for air conditioning, where it is expected that 33 percent or less of a carline, within an engine-system combination, will be equipped with an item (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, that item may not be installed on any emission data vehicle or durability data vehicle of that carline within that engine-system combination, unless that item is standard equipment on that vehicle or specifically required by the Administrator.

(4) Air conditioning must be installed and operational on any emission data vehicle of any vehicle configuration that is projected to be available with air conditioning regardless of the rate of installation of air conditioning within the carline. Section 86.096–24(g) (1) and (2) and paragraph (g)(3) of this section will be used to determine whether the weight of the air conditioner will be included in equivalent test weight calculations for emission testing.

(h) [Reserved]. For guidance see §86.096–24.

[61 FR 54882, Oct. 22, 1996]

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Section 86.000–25 includes text that specifies requirements that differ from §86.094–25 or §86.098–25. Where a paragraph in §86.094–25 or §86.098–25 is identical and applicable to §86.000–25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–25.” or “[Reserved]. For guidance see §86.098–25.”

(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.

(a)(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.

(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance see §86.094–25.

(b)(3)(vi)(E)–(b)(3)(vi)(J) [Reserved]. For guidance see §86.098–25.

(b)(3)(vii)–(b)(6)(i)(E) [Reserved]. For guidance see §86.094–25.

(b)(6)(i)(F) [Reserved]. For guidance see §86.098–25.

(b)(6)(i)(G)–(H) [Reserved]. For guidance see §86.094–25.

(i) When air conditioning SFTP exhaust emission tests are required, the manufacturer must document that the vehicle's air conditioning system is operating properly and that system parameters are within operating design specifications prior to test. Required air conditioning system maintenance is performed as unscheduled maintenance and does not require the Administrator's approval.

[61 FR 54883, Oct. 22, 1996]

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Section 86.000–26 includes text that specifies requirements that differ from §86.094–26, §86.095–26, §86.096–26 or §86.098–26. Where a paragraph in §86.094–26, §86.095–26, §86.096–26 or §86.098–26 is identical and applicable to §86.000–26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–26.” or “[Reserved]. For guidance see §86.095–26.” or “[Reserved]. For guidance see §86.096–26.” or “[Reserved]. For guidance see §86.098–26.”

(a)(1) [Reserved]. For guidance see §86.094–26.

(a)(2) The standard method of whole-vehicle service accumulation for durability data vehicles and for emission data vehicles shall be mileage accumulation using the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in §86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.

(3) Emission data vehicles. Unless otherwise provided for in §86.000–23(a), emission-data vehicles shall be operated and tested as described in paragraph (a)(3)(i)(A) of this section; §86.094–26(a)(3)(i)(B) and (D), §86.098–26(a)(3)(i)(C) and (a)(3)(ii)(C), and §86.094–26(a)(3)(ii) (A), (B) and (D).

(i) Otto-cycle. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission-data vehicle selections under §86.000–24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with §86.000–24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with 40 CFR 600.006–87(c). Complete exhaust (FTP and SFTP tests), evaporative and refueling (if required) emission tests shall be conducted for each emission-data vehicle selection under §86.000–24(b)(1). The Administrator may determine under §86.000–24(f) that no testing is required.

(a)(3)(i)(B) [Reserved]. For guidance see §86.094–26.

(a)(3)(i)(C) [Reserved]. For guidance see §86.098–26.

(a)(3)(i)(D)–(a)(3)(ii)(B)[Reserved]. For guidance see §86.094–26.

(a)(3)(ii)(C) [Reserved]. For guidance see §86.098–26.

(a)(3)(ii)(D)–(a)(4)(i)(B)( 4 )[Reserved]. For guidance see §86.094–26.

(a)(4)(i)(C) Complete exhaust emission tests shall be made at nominal test point mileage intervals that the manufacturer determines. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for aggressive driving (US06) and air conditioning (SC03) test cycle results, tail pipe exhaust emission deterioration factors are determined from only FTP test cycle data. At a minimum, two complete exhaust emission tests shall be made. The first test shall be made at a distance not greater than 6,250 miles. The last shall be made at the mileage accumulation endpoint determined in §86.094–26 (a)(4)(i) (A) or (B), whichever is applicable.

(a)(4)(i)(D)–(a)(6)(ii) [Reserved]. For guidance see §86.094–26.

(a)(6)(iii) The results of all emission tests shall be rounded to the number of places to the right of the decimal point indicated by expressing the applicable emission standard of this subpart to one additional significant figure, in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1).

(a)(7)–(a)(9)(i) [Reserved]. For guidance see §86.094–26.

(a)(9)(ii) The test procedures in §§86.106 through 86.149 and §86.158 will be followed by the Administrator. The Administrator may test the vehicles at each test point. Maintenance may be performed by the manufacturer under such conditions as the Administrator may prescribe.

(a)(9)(iii)–(b)(2) introductory text [Reserved]. For guidance see §86.094–26.

(b)(2)(i) This paragraph (b)(2)(i) applies to service accumulation conducted under the Standard Self-Approval Durability Program of §86.094–13(f). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification. Service accumulation under the Standard Self-Approval Durability Program is conducted on vehicles, engines, subsystems, or components selected by the manufacturer under §86.000–24(c)(2)(i).

(ii) This paragraph (b)(2)(ii) applies to service accumulation conducted under the Alternative Service Accumulation Durability Program of §86.094–13(e). The service accumulation method is developed by the manufacturer to be consistent with good engineering practice and to accurately predict the deterioration of the vehicle's emissions in actual use over its full useful life. The method is subject to advance approval by the Administrator and to verification by an in-use verification program conducted by the manufacturer under §86.094–13(e)(5).

(b)(2)(iii)–(b)(4)(i)(C) [Reserved]. For guidance see §86.094–26.

(b)(4)(i)(D)–(b)(4)(ii)(D) [Reserved]. For guidance see §86.095–26.

(b)(4)(iii) [Reserved]

(b)(4)(iv)–(c)(3) [Reserved]. For guidance see §86.094–26.

(c)(4) [Reserved]. For guidance see §86.096–26.

(d) introductory text through (d)(2)(i) [Reserved]. For guidance see §86.094–26.

(d)(2)(ii) The results of all emission tests shall be recorded and reported to the Administrator. These test results shall be rounded, in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1), to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure.

(d)(3)–(d)(6) [Reserved]. For guidance see §86.094–26.

[61 FR 54883, Oct. 22, 1996]

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Section 86.000–28 includes text that specifies requirements that differ from §86.094–28 or §86.098–28. Where a paragraph in §86.094–28 or §86.098–28 is identical and applicable to §86.000–28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–28.” or “[Reserved]. For guidance see §86.098–28.”

(a)(1) This paragraph (a) applies to light duty vehicles.

(2) Each exhaust, evaporative and refueling emission standard (and family particulate emission limits, as appropriate) of §86.000–8 applies to the emissions of vehicles for the appropriate useful life as defined in §§86.000–2 and 86.000–8.

(a)(3) [Reserved]. For guidance see §86.094–28.

(a)(4) Introductory text [Reserved]. For guidance see §86.098–28.

(a)(4)(i) Separate emission deterioration factors for each regulated exhaust constituent shall be determined from the FTP exhaust emission results of the durability-data vehicle(s) for each engine-system combination. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable FTP deterioration factors will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels. Separate evaporative and/or refueling emission deterioration factors shall be determined for each evaporative/refueling emission family-emission control system combination from the testing conducted by the manufacturer (gasoline-fueled and methanol-fueled vehicles only). Separate refueling emission deterioration factors shall be determined for each evaporative/refueling emission family-emission control system combination from the testing conducted by the manufacturer (petroleum-fueled diesel cycle vehicles not certified under the provisions of §86.098–28(g) only).

(a)(4)(i)(A)–(a)(4)(i)(B)( 2 )( i ) [Reserved]. For guidance see §86.094–28.

(a)(4)(i)(B)( 2 )( ii ) These interpolated values shall be carried out to a minimum of four places to the right of the decimal point before dividing one by the other to determine the deterioration factor. The results shall be rounded to three places to the right of the decimal point in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1).

(a)(4)(i)(B)( 2 )( iii )–(a)(4)(i)(B)( 2 )( iv ) [Reserved]. For guidance see §86.094–28.

(a)(4)(i)(C)–(a)(4)(i)(D)( 2 ) [Reserved]. For guidance see §86.098–28.

(a)(4)(ii)(A)( 1 ) The official exhaust emission test results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be multiplied by the appropriate deterioration factor: Provided, that if a deterioration factor as computed in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section is less than one, that deterioration factor shall be one for the purposes of this paragraph. For the SFTP composite standard of (NMHC+NO_X), the measured results of NMHC and NO_Xmust each be multiplied by their corresponding deterioration factors before the composite (NMHC+NO_X) standard is calculated.

( 2 ) The calculation specified in paragraph (a)(4)(ii)(A)( 1 ) of this section may be modified with advance approval of the Administrator for engine-system combinations which are certified under the Alternative Service Accumulation Durability Program specified in §86.094–13(e).

(a)(4)(ii)(B)–(a)(4)(ii)(C) [Reserved]. For guidance see §86.098–28.

(a)(4)(iii) The emissions to compare with the standard (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of §86.098–28 (a)(4)(ii)(B) and (C) and paragraph (a)(4)(ii)(A) of this section 211a for each emission-data vehicle. For the SFTP composite (NMHC+NO_X) results, the individual deterioration factors must be applied to the applicable NMHC and NO_Xtest results prior to calculating the adjusted composite (NMHC+NO_X) level that is compared with the standard. The additional composite calculations that are required by the SFTP are discussed in §86.164–00 (Supplemental federal test procedure calculations). Before any emission value is compared with the standard (or the family particulate emission limit, as appropriate), it shall be rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1). The rounded emission values may not exceed the standard (or the family particulate emission limit, as appropriate).

(a)(4)(iv) [Reserved]. For guidance see §86.094–28.

(a)(4)(v) [Reserved]. For guidance see §86.098–28.

(a)(5)–(a)(6) [Reserved]. For guidance see §86.094–28.

(a)(7) introductory text [Reserved]. For guidance see §86.098–28.

(a)(7)(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability data vehicles for each emission standard applicable under §86.000–8, for each engine family group. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable deterioration factors determined from FTP exhaust emission results will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels. The evaporative and/or refueling emission deterioration factors for each evaporative/refueling family will be determined and applied in accordance with §86.098–28 (a)(4) introductory text, (a)(4)(i)(C) and (D), (a)(4)(ii)(B) and (C), and (a)(4)(v) and §86.094–28 (a)(4)(i)(A)–(a)(4)(i)(B)( 2 )( i ), (a)(4)(i)(B)( 2 )( iii ) and ( iv ), and (a)(4)(iv) and paragraphs (a)(4) (i) introductory, (a)(4)(i)(B)( 2 )( ii ), (a)(4)(ii)(A), and (a)(4)(iii) of this section.

(a)(7)(ii)–(b)(4)(i) [Reserved]. For guidance see §86.094–28.

(b)(4)(ii) Separate exhaust emission deterioration factors for each regulated exhaust constituent, determined from tests of vehicles, engines, subsystems, or components conducted by the manufacturer, shall be supplied for each standard and for each engine-system combination. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable deterioration factors determined from FTP exhaust emission results will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels.

(iii) The official exhaust emission results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph (b)(4)(iii).

(iv) The emissions to compare with the standard(s) (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of paragraph (b)(4)(iii) of this section for each emission-data vehicle. For the SFTP composite (NMHC+NO_X) results, the individual deterioration factors must be applied to the applicable NMHC and NO_Xtest results prior to calculating the adjusted composite (NMHC+NO_X) level that is compared with the standard. The additional composite calculations that are required by the SFTP are discussed in §86.164–00 (Supplemental federal test procedure calculations). Before any emission value is compared with the standard, it shall be rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1).

(5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only to manufacturers electing to participate in the particulate averaging program.

(A) If a manufacturer chooses to change the level of any family particulate emission limit(s), compliance with the new limit(s) must be based upon existing certification data.

(B) The production-weighted average of the family particulate emission limits of all applicable engine families, rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1), must comply with the particulate standards in §86.099–9 (a)(1)(iv) or (d)(1)(iv), or the composite particulate standard as defined in §86.094–2, as appropriate, at the end of the product year.

(ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to manufacturers electing to participate in the NO_Xaveraging program.

(A) If a manufacturer chooses to change the level of any family NO_Xemission limit(s), compliance with the new limit(s) must be based upon existing certification data.

(B) The production-weighted average of the family FTP NO_Xemission limits of all applicable engine families, rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1), must comply with the NO_Xstandards of §86.099–9(a)(1)(iii) (A) or (B), or the composite NO_Xstandard as defined in §86.094–2, at the end of the product year.

(b)(6) [Reserved]

(b)(7)(i)–(b)(7)(iii) [Reserved]. For guidance see §86.094–28.

(b)(7)(iv) The emission value for each evaporative emission data vehicle to compare with the standards shall be the adjusted emission value of §86.094–28 (b)(7)(iii) rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1).

(b)(8)–(c)(4)(iii)(B)( 3 ) [Reserved]. For guidance see §86.094–28.

(c)(4)(iv) The emission values for each emission data engine to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of §86.094–28 (c)(4)(iii), rounded to the same number of significant figures as contained in the applicable standard in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1).

(c)(5)–(d)(4) [Reserved]. For guidance see §86.094–28.

(d)(5) The emission level to compare with the standard shall be the adjusted emission level of §86.094–28 (d)(4). Before any emission value is compared with the standard it shall be rounded to two significant figures, in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1). The rounded emission values may not exceed the standard.

(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.

(e)–(h) [Reserved]. For guidance see §86.098–28.

[61 FR 54884, Oct. 22, 1996]

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(a) The provisions of this subpart generally apply to 2001 and later model year new Otto-cycle and diesel-cycle heavy-duty engines. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section or paragraph. The provisions of this subpart continue to generally apply to 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty vehicles and 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty trucks produced. Provisions generally applicable to all 2001 and later model year new Otto-cycle and diesel-cycle light-duty vehicles and 2001 and later model year new Otto-cycle and diesel-cycle light-duty trucks are located in Subpart S of this part.

(b) Optional applicability. (1) A manufacturer may request to certify any heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions located in subpart S of this part through the 2004 model year (through the 2003 model year for manufacturers choosing Otto-cycle HDE Option 2 in §86.005–1(c)(2), or through the 2002 model year for manufacturers choosing Otto-cycle HDE Option 1 in §86.005–1(c)(1)). Heavy-duty engine or vehicle provisions of this subpart A do not apply to such a vehicle.

(2) Beginning with the 2000 model year, a manufacturer may certify any Otto-cycle heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the provisions for Otto-cycle complete heavy-duty vehicles located in subpart S of this part for purposes of generating credits in the heavy-duty vehicle averaging, banking, and trading program contained in §86.1817–05. Heavy-duty engine or heavy-duty vehicle provisions of this subpart A do not apply to such a vehicle.

(c)–(d) [Reserved]

(e) Small volume manufacturers. Special certification procedures are available for any manufacturer whose projected combined U.S. sales of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines in its product line (including all vehicles and engines imported under the provisions of §§85.1505 and 85.1509 of this chapter) are fewer than 10,000 units for the model year in which the manufacturer seeks certification. To certify its product line under these optional procedures, the small-volume manufacturer must first obtain the Administrator's approval. The manufacturer must meet the eligibility criteria specified in §86.092–14(b) before the Administrator's approval will be granted. The small-volume manufacturer's certification procedures are described in §86.092–14.

(f) Optional procedures for determining exhaust opacity. (1) The provisions of subpart I of this part apply to tests which are performed by the Administrator, and optionally, by the manufacturer.

(2) Measurement procedures, other than those described in subpart I of this part, may be used by the manufacturer provided the manufacturer satisfies the requirements of §86.091–23(f).

(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I of this part. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements for subpart I of this part.

(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with data obtained in accordance with the procedures described in subpart I of this part, EPA may require that all certificates of conformity not already issued be based on data obtained from procedures described in subpart I of this part.

[64 FR 23920, May 4, 1999, as amended at 65 FR 59945, Oct. 6, 2000]

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The definitions of §86.000–2 continue to apply to 2000 and later model year vehicles. The definitions listed in this section apply beginning with the 2001 model year.

Useful life means:

(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of §86.094–9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in §86.094–9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of §86.130–96, and/or the refueling emission test requirements of §86.151–2001, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first.

(2) For light light-duty trucks subject to the Tier 0 standards of §86.094–9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the evaporative emission test requirements of §86.130–96, and/or the refueling emission test requirements of §86.151–2001, is also defined as a period of 11 years or 120,000 miles, whichever occurs first.

(3) For an Otto-cycle heavy-duty engine family:

(i) For hydrocarbon and carbon monoxide standards, a period of use of 8 years or 110,000 miles, whichever first occurs.

(ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.

(iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of §86.1230–96, a period of use of 10 years or 110,000 miles, whichever occurs first.

(4) For a diesel heavy-duty engine family:

(i) For light heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 110,000 miles, whichever first occurs.

(ii) For light heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.

(iii) For medium heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 185,000 miles, whichever first occurs.

(iv) For medium heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 185,000 miles, whichever first occurs.

(v) For heavy heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 290,000 miles, whichever first occurs, except as provided in paragraph (4)(vii) of this definition.

(vi) For heavy heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 290,000 miles, whichever first occurs.

(vii) For heavy heavy-duty diesel engines used in urban buses, for the particulate standard, a period of use of 10 years or 290,000 miles, whichever first occurs.

[59 FR 16281, Apr. 6, 1994, as amended at 61 FR 54886, Oct. 22, 1996]

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Section 86.001–9 includes text that specifies requirements that differ from §86.097–9, §86.099–9 or §86.000–9. Where a paragraph in §86.097–9, §86.099–9 or §86.000–9 is identical and applicable to §86.001–9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.097–9.” or “[Reserved]. For guidance see §86.099–9.” or “[Reserved]. For guidance see §86.000–9.”

(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see §86.097–9.

(a)(1)(iv)–(b)(4) [Reserved]. For guidance see §86.099–9.

(b)(5) [Reserved]

(b)(6) Vehicles certified to the refueling standards set forth in paragraph (d) of this section are not required to demonstrate compliance with the fuel dispensing spitback standards contained in §86.096–9 (b)(1)(iii) and (b)(2)(iii): Provided, that they meet the requirements of §86.001–28(f).

(c) [Reserved]. For guidance see §86.097–9.

(d) Refueling emissions from 2001 and later model year gasoline-fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light duty trucks of 6,000 pounds or less GVWR shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.

(1) Standards—(i) Hydrocarbons (for gasoline-fueled Otto-cycle and petroleum-fueled diesel-cycle vehicles). 0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.

(ii) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.

(iii) Hydrocarbons (for liquefied petroleum gas-fueled vehicles). 0.15 gram per gallon (0.04 gram per liter) of fuel dispensed.

(iv) Refueling receptacle (for natural gas-fueled vehicles). Refueling receptacles on natural gas-fueled vehicles shall comply with the receptacle provisions of the ANSI/AGA NGV1–1994 standard (as incorporated by reference in §86.1).

(2)(i) The standards set forth in paragraphs (d)(1)(i) and (ii) of this section refer to a sample of refueling emissions collected under the conditions as set forth in subpart B of this part and measured in accordance with those procedures.

(ii) For vehicles powered by petroleum-fueled diesel-cycle engines, the provisions set forth in paragraph (d)(1)(i) of this section may be waived: Provided, that the manufacturer complies with the provisions of §86.001–28(f).

(3) A minimum of the percentage shown in table A01–09 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks of 6,000 pounds or less GVWR shall be tested under the procedures in subpart B of this part indicated for 2001 and later model years, and shall not exceed the standards described in paragraph (d)(1) of this section. Vehicles certified in accordance with paragraph (d)(2)(ii) of this section, as determined by the provisions of §86.001–28(g), shall not be counted in the calculation of the percentage of compliance:

(e) [Reserved]. For guidance see §86.000–9.

(f) [Reserved]

(g)–(k) [Reserved]. For guidance see §86.097–9.

[61 FR 54886, Oct. 22, 1996]

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Section 86.001–21 includes text that specifies requirements that differ from §86.094–21 or §86.096–21. Where a paragraph in §86.094–21 or §86.096–21 is identical and applicable to §86.001–21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–21.” or “[Reserved]. For guidance see §86.096–21.”

(a)–(b)(1)(i)(B) [Reserved]. For guidance see §86.094–21.

(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 (aggressive driving) and SC03 (air conditioning) test cycles.

(b)(1)(i)(C)( 1 )–(b)(1)(ii)(C) [Reserved]. For guidance see §86.094–21.

(b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of §86.000–8 and 86.000–9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.

(b)(3) A description of the test equipment and fuel proposed to be used.

(b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in §86.001–23(b)(2).

(b)(4)(ii)–(b)(5)(iv) [Reserved]. For guidance see §86.094–21.

(b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the test vehicle of that evaporative/refueling emission family-emission control system combination, required to use a volume of fuel equal to 85% of fuel tank volume.

(b)(6)–(b)(8) [Reserved]. For guidance see §86.094–21.

(b)(9) For each light-duty vehicle, light-duty truck, evaporative/refueling emission family or heavy-duty vehicle evaporative emission family, a description of any unique procedures required to perform evaporative and/or refueling emission tests, as applicable, (including canister working capacity, canister bed volume, and fuel temperature profile for the running loss test) for all vehicles in that evaporative and/or evaporative/refueling emission family, and a description of the method used to develop those unique procedures.

(10) For each light-duty vehicle or applicable light-duty truck evaporative/refueling emission family, or each heavy-duty vehicle evaporative emission family:

(i) Canister working capacity, according to the procedures specified in §86.132–96(h)(1)(iv);

(ii) Canister bed volume; and

(iii) Fuel temperature profile for the running loss test, according to the procedures specified in §86.129–94(d).

(c)–(j) [Reserved]. For guidance see §86.094–21.

(k) and (l) [Reserved]. For guidance see §86.096–21.

[61 FR 54886, Oct. 22, 1996]

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Section 86.001–22 includes text that specifies requirements that differ from §86.094–22. Where a paragraph in §86.094–22 is identical and applicable to §86.001–22, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–22.”.

(a)–(c) [Reserved]. For guidance see §86.094–22.

(d) Approval of test procedures. (1) The Administrator does not approve the test procedures for establishing the evaporative or refueling emission deterioration factors for light-duty vehicles and light-duty trucks. The manufacturer shall submit the procedures as required in §86.098–21(b)(4)(i) prior to the Administrator's selection of the test fleet under §86.098–24(b)(1), and if such procedures will involve testing of durability data vehicles selected by the Administrator or elected by the manufacturer under §86.098–24(c)(1), prior to initiation of such testing.

(d)(2)–(g) [Reserved]. For guidance see §86.094–22.

[59 FR 16283, Apr. 6, 1994]

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Section 86.001–23 includes text that specifies requirements that differ from §86.095–23, §86.098–23 or §86.000–23. Where a paragraph in §86.095–23, §86.098–23 or §86.000–23 is identical and applicable to §86.001–23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.095–23.” or “[Reserved]. For guidance see §86.098–23.” or “[Reserved]. For guidance see §86.000–23.”

(a)–(b)(1) [Reserved]. For guidance see §86.098–23.

(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 §86.001–21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under §86.001–30 will meet the evaporative and/or refueling emission standards in §86.099–8 or §86.001–9, as appropriate, for the useful life of the vehicle.

(b)(3) and (b)(4) [Reserved]. For guidance see §86.098–23.

(c)(1) [Reserved]. For guidance see §86.095–23.

(c)(2)–(e)(1) [Reserved]. For guidance see §86.098–23.

(e)(2) For evaporative and refueling emissions durability, or light-duty truck or HDE exhaust emissions durability, a statement of compliance with paragraph (b)(2) of this section or §86.098–23 (b)(1)(ii), (b)(3), or (b)(4) 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 manufacturer's 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 §86.001–21(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 §86.095–23.

(h)–(m) [Reserved]. For guidance see §86.098–23.

[61 FR 54887, Oct. 22, 1996, as amended at 62 FR 54720, Oct. 21, 1997]

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Section 86.001–24 includes text that specifies requirements that differ from §86.096–24, §86.098–24 or §86.000–24. Where a paragraph in §86.096–24, §86.098–24 or §86.000–9 is identical and applicable to §86.001–24, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.096–24.” or “[Reserved]. For guidance see §86.098–24.” or “[Reserved]. For guidance see §86.000–24.”

(a)–(a)(4) [Reserved]. For guidance see §86.096–24.

(a)(5)–(a)(7) [Reserved]. For guidance see §86.098–24.

(a)(8)–(b)(1) introductory text [Reserved]. For guidance see §86.096–24.

(b)(1)(i)–(b)(1)(ii) [Reserved]. For guidance see §86.000–24.

(b)(1)(iii)–(b)(1)(vi) [Reserved]. For guidance see §86.096–24.

(b)(1)(vii)(A)–(b)(1)(viii)(A) [Reserved]. For guidance see §86.098–24.

(b)(1)(viii)(B)–(e)(2) [Reserved]. For guidance see §86.096–24.

(f) Carryover and carryacross of durability and emission data. In lieu of testing an emission-data or durability vehicle (or engine) selected under §86.096–24(b)(1) introductory text, (b)(1)(iii)–(b)(1)(vi) and §86.000–24(b)(1)(i)–(b)(1)(ii) and §86.098–24(b)(1)(vii)(A)–(b)(1)(viii)(A) or §86.096–24(c), and submitting data therefor, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data, evaporative emission data and/or refueling emission data, as applicable, on a similar vehicle (or engine) for which certification has been obtained or for which all applicable data required under §86.001–23 has previously been submitted.

(g)(1)–(g)(2) [Reserved]. For guidance see §86.096–24.

(g)(3)–(g)(4) [Reserved]. For guidance see §86–000–24.

(h) [Reserved]. For guidance see §86.096–24.

[61 FR 54887, Oct. 22, 1996]

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Section 86.001–25 includes text that specifies requirements that differ from §86.094–25 or §86.098–25. Where a paragraph in §86.094–25 or §86.098–25 is identical and applicable to §86.001–25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–25.” or “[Reserved]. For guidance see §86.098–25.”

(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.

(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.

(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance see §86.094–25.

(b)(3)(vi)(E)–(b)(3)(vi)(J) [Reserved]. For guidance see §86.098–25.

(b)(3)(vii)–(b)(6)(i)(E) [Reserved]. For guidance see §86.094–25.

(b)(6)(i)(F) [Reserved]. For guidance see §86.098–25.

(b)(6)(i)(G)–(H) [Reserved]. For guidance see §86.094–25.

(i) [Reserved]. For guidance see §86.000–25.

[61 FR 54887, Oct. 22, 1996]

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Section 86.001–26 includes text that specifies requirements that differ from §86.094–26, §86.095–26, §86.096–26, §86.098–26 or §86.000–26. Where a paragraph in §86.094–26, §86.095–26, §86.096–26, §86.098–26 or §86.000–26 is identical and applicable to §86.001–26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–26.” or “[Reserved]. For guidance see §86.095–26.” or “[Reserved]. For guidance see §86.096–26.” or “[Reserved]. For guidance see §86.098–26.” or “[Reserved]. For guidance see §86.000–26.”

(a)(1) [Reserved]. For guidance see §86.094–26.

(a)(2)–(a)(3)(i)(A) [Reserved]. For guidance see §86.000–26.

(a)(3)(i)(B) [Reserved]. For guidance see §86.094–26.

(a)(3)(i)(C) [Reserved]. For guidance see §86.098–26.

(a)(3)(i)(D)–(a)(3)(ii)(B) [Reserved]. For guidance see §86.094–26.

(a)(3)(ii)(C) [Reserved]. For guidance see §86.098–26.

(a)(3)(ii)(D)–(a)(4)(i)(B)( 4 ) [Reserved]. For guidance see §86.094–26.

(a)(4)(i)(C) [Reserved]. For guidance see §86.000–26.

(a)(4)(i)(D)–(a)(6)(ii) [Reserved]. For guidance see §86.094–26.

(a)(6)(iii) [Reserved]. For guidance see §86.000–26.

(a)(7)–(a)(9)(i) [Reserved]. For guidance see §86.094–26.

(a)(9)(ii) [Reserved]. For guidance see §86.000–26.

(a)(9)(iii)–(b)(2) introductory text [Reserved]. For guidance see §86.094–26.

(b)(2)(i)–(b)(2)(ii) [Reserved]. For guidance see §86.000–26.

(b)(2)(iii) [Reserved]. For guidance see §86.094–26.

(b)(2)(iv) Service or mileage accumulation which may be part of the test procedures used by the manufacturer to establish evaporative and/or refueling emission deterioration factors.

(b)(3)–(b)(4)(i)(B) [Reserved]. For guidance see §86.094–26.

(b)(4)(i)(C) Exhaust, evaporative and/or refueling emission tests for emission-data vehicle(s) selected for testing under §86.096–24(b)(1)(ii), (iii) or (iv)(A) or §86.098–24(b)(1)(vii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometer (4,000 mile) test point under low-altitude conditions.

(b)(4)(i)(D)–(b)(4)(ii)(B) [Reserved]. For guidance see §86.095–26.

(b)(4)(ii)(C) Exhaust, evaporative and/or refueling emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1)(ii), (iii), and (iv) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under low-altitude conditions.

(b)(4)(ii)(D) [Reserved]. For guidance see §86.095–26.

(b)(4)(iii) [Reserved]

(b)(4)(iv)–(c)(3) [Reserved]. For guidance see §86.094–26.

(c)(4) [Reserved]. For guidance see §86.096–26.

(d)–(d)(2)(i) [Reserved]. For guidance see §86.094–26.

(d)(2)(ii) [Reserved]. For guidance see §86.000–26.

(d)(3)–(d)(6) [Reserved]. For guidance see §86.094–26.

[61 FR 54888, Oct. 22, 1996]

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Section 86.001–28 includes text that specifies requirements that differ from §86.094–28, §86.098–28 or §86.000–28. Where a paragraph in §86.094–28, §86.098–28 or §86.000–28 is identical and applicable to §86.001–28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–28.” or “[Reserved]. For guidance see §86.098–28.” or “[Reserved]. For guidance see §86.000–28.”

(a)(1)–(a)(2) [Reserved]. For guidance see §86.000–28.

(a)(3) [Reserved]. For guidance see §86.094–28.

(a)(4) [Reserved]. For guidance see §86.098–28.

(a)(4)(i) introductory text [Reserved]. For guidance see §86.000–28.

(a)(4)(i)(A)–(a)(4)(i)(B)( 2 )( i ) [Reserved]. For guidance see §86.094–28.

(a)(4)(i)(B)( 2 )( ii ) [Reserved]. For guidance see §86.000–28.

(a)(4)(i)(B)( 2 )( iii )–(a)(4)(i)(B)( 2 )( iv ) [Reserved]. For guidance see §86.094–28.

(a)(4)(i)(C)–(a)(4)(i)(D)( 2 ) [Reserved]. For guidance see §86.098–28.

(a)(4)(ii)(A)( 1 )–(a)(4)(ii)(A)( 2 ) [Reserved]. For guidance see §86.000–28.

(a)(4)(ii)(B)–(a)(4)(ii)(C) [Reserved]. For guidance see §86.098–28.

(a)(4)(iii) [Reserved]. For guidance see §86.000–28.

(a)(4)(iv) [Reserved]. For guidance see §86.094–28.

(a)(4)(v) [Reserved]. For guidance see §86.098–28.

(a)(5)–(a)(6) [Reserved]. For guidance see §86.094–28.

(a)(7) introductory text [Reserved]. For guidance see §86.098–28.

(a)(7)(i) [Reserved]. For guidance see §86.000–28.

(a)(7)(ii) [Reserved]. For guidance see §86.094–28.

(b)(1) This paragraph (b) applies to light-duty trucks.

(2) Each exhaust, evaporative and refueling emission standard (and family emission limits, as appropriate) of §86.001–9 applies to the emissions of vehicles for the appropriate useful life as defined in §§86.098–2 and 86.001–9.

(b)(3)–(b)(4)(i) [Reserved]. For guidance see §86.094–28.

(b)(4)(ii)–(b)(6) [Reserved]. For guidance see §86.000–28.

(b)(7)(i) This paragraph (b)(7) describes the procedure for determining compliance of a new vehicle with evaporative emission standards. The procedure described here shall be used for all vehicles in applicable model years.

(ii) The manufacturer shall determine, based on testing described in §86.001–21(b)(4)(i)(A), and supply an evaporative emission deterioration factor for each evaporative/refueling emission family-emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.

(iii) The official evaporative emission test results for each evaporative/refueling emission-data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph (b)(7)(iii).

(iv) The evaporative emission value for each emission-data vehicle to compare with the standards shall be the adjusted emission value of paragraph (b)(7)(iii) of this section rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1).

(8)(i) This paragraph (b)(8) describes the procedure for determining compliance of a new vehicle with refueling emission standards. The procedure described here shall be used for all applicable vehicles in the applicable model years.

(ii) The manufacturer shall determine, based on testing described in §86.001–21(b)(4)(i)(B), and supply a refueling emission deterioration factor for each evaporative/refueling emission family-emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.

(iii) The official refueling emission test results for each evaporative/refueling emission-data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph (b)(8)(iii).

(iv) The emission value for each evaporative emission-data vehicle to compare with the standards shall be the adjusted emission value of paragraph (b)(8)(iii) of this section rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29–90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see §86.1).

(9) Every test vehicle of an engine family must comply with all applicable standards (and family emission limits, as appropriate), as determined in §86.000–28(b)(4)(iv) and paragraphs (b)(7)(iv) and (b)(8)(iv) of this section, before any vehicle in that family will be certified.

(c) Introductory text through (c)(4)(iii)(B)( 3 ) [Reserved]. For guidance see §86.094–28.

(c)(4)(iv) [Reserved]. For guidance see §86.000–28.

(c)(5)–(d)(4) [Reserved]. For guidance see §86.094–28.

(d)(5)–(d)(6) [Reserved]. For guidance see §86.000–28.

(e) [Reserved]

(f) Fuel dispensing spitback testing waiver. (1) Vehicles certified to the refueling emission standards set forth in §86.098–8, 86.099–8 and 86.001–9 are not required to demonstrate compliance with the fuel dispensing spitback standards contained in these sections: Provided, that—

(i) The manufacturer certifies that the vehicle inherently meets the Dispensing Spitback Standard as part of compliance with the refueling emission standard.

(ii) This certification is provided in writing and applies to the full useful life of the vehicle.

(2) EPA retains the authority to require testing to enforce compliance and to prevent non-compliance with the Fuel Dispensing Spitback Standard.

(g) Inherently low refueling emission testing waiver. (1) Vehicles using fuels/fuel systems inherently low in refueling emissions are not required to conduct testing to demonstrate compliance with the refueling emission standards set forth in §§86.098–8, 86.099–8 or 86.001–9: Provided, that—

(i) This provision is only available for petroleum diesel fuel. It is only available if the Reid Vapor Pressure of in-use diesel fuel is equal to or less than 1 psi (7 Kpa) and for diesel vehicles whose fuel tank temperatures do not exceed 130 °F (54 °C); and

(ii) To certify using this provision the manufacturer must attest to the following evaluation: “Due to the low vapor pressure of diesel fuel and the vehicle tank temperatures, hydrocarbon vapor concentrations are low and the vehicle meets the 0.20 grams/gallon refueling emission standard without a control system.”

(2) The certification required in paragraph (g)(1)(ii) of this section must be provided in writing and must apply for the full useful life of the vehicle.

(3) EPA reserves the authority to require testing to enforce compliance and to prevent noncompliance with the refueling emission standard.

(4) Vehicles certified to the refueling emission standard under this provision shall not be counted in the sales percentage compliance determinations for the 2001, 2002 and subsequent model years.

(h) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled vehicles which contain fixed liquid level gauges or other gauges or valves which can be opened to release fuel or fuel vapor during refueling, and which are being tested for refueling emissions, are not required to be tested with such gauges or valves open, as outlined in §86.157–98(d)(2), provided the manufacturer can demonstrate, to the satisfaction of the Administrator, that such gauges or valves would not be opened during refueling in-use due to inaccessibility or other design features that would prevent or make it very unlikely that such gauges or valves could be opened.

[61 FR 54888, Oct. 22, 1996]

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Section 86.001–30 includes text that specifies requirements that differ from §86.094–30, §86.095–30 or §86.098–30. Where a paragraph in §86.094–30, §86.095–30 or §86.098–30 is identical and applicable to §86.001–30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–30.” or “[Reserved]. For guidance see §86.095–30.” or “[Reserved]. For guidance see §86.098–30.”.

(a)(1) and (a)(2) [Reserved]. For guidance see §86.094–30.

(a)(3)(i) [Reserved]. For guidance see §86.098–30.

(a)(3)(ii)–(a)(4)(ii) [Reserved]. For guidance see §86.095–30.

(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see §86.094–30.

(a)(4)(iv) introductory text [Reserved]. For guidance see §86.095–30.

(a)(4)(iv)(A)–(a)(9) [Reserved]. For guidance see §86.094–30.

(a)(10) and (a)(11) [Reserved]. For guidance see §86.098–30.

(a)(12) [Reserved]. For guidance see §86.094–30.

(a)(13) [Reserved]. For guidance see §86.095–30.

(a)(14) [Reserved]. For guidance see §86.094–30.

(a) (15)–(18) [Reserved]. For guidance see §86.096–30.

(a)(19) [Reserved]. For guidance see §86.098–30.

(a)(20) For all light-duty trucks certified to refueling emission standards under §86.001–9, the provisions of paragraphs (a)(20) (i)–(iii) this section apply.

(i) All certificates issued are conditional upon the manufacturer complying with all provisions of §86.001–9 both during and after model year production.

(ii) Failure to meet the required implementation schedule sales percentages as specified in §86.001–9 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual vehicles sold in violation of the implementation schedule shall not be covered by the certificate.

(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.

(b)(1) introductory text through (b)(1)(i) [Reserved]. For guidance see §86.094–30.

(b)(1)(ii)(A) [Reserved]. For guidance see §86.094–30.

(b)(1)(ii)(B) The emission data vehicle(s) selected under §86.001–24(b)(vii) (A) and (B) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling family.

(b)(1)(ii)(C) [Reserved]. For guidance see §86.094–30.

(b)(1)(ii)(D) The emission-data vehicle(s) selected under §86.098–24(b)(1)(viii) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling emission family, as applicable.

(b)(1) (iii) and (iv) [Reserved]. For guidance see §86.094–30.

(b)(2) [Reserved]. For guidance see §86.098–30.

(b)(3)–(b)(4)(i) [Reserved]. For guidance see §86.094–30.

(b)(4)(ii) introductory text [Reserved]. For guidance see §86.098–30.

(b)(4)(ii)(A) [Reserved]. For guidance see §86.094–30.

(b)(4)(ii)(B)–(iv) [Reserved]. For guidance see §86.098–30.

(b)(5)–(e) [Reserved]. For guidance see §86.094–30.

(f) introductory text through (f)(3) [Reserved]. For guidance see §86.095–30.

(f)(4) [Reserved]. For guidance see §86.098–30.

[59 FR 16285, Apr. 6, 1994, as amended at 62 FR 54720, Oct. 21, 1997]

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Section 86.001–35 includes text that specifies requirements that differ from §86.095–35, §86.096–35 and §86.098–35. Where a paragraph in §86.095–35, §86.096–35 or §86.098–35 is identical and applicable to §86.001–35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.095–35.” or [Reserved]. For guidance see §86.096–35. or “[Reserved]. For guidance see §86.098–28.”.

(a) introductory text through (a)(1)(iii)(B) [Reserved]. For guidance see §86.095–35.

(a)(1)(iii)(C) [Reserved]. For guidance see §86.098–35.

(a)(1)(iii)(D)–(L) [Reserved]. For guidance see §86.095–35.

(a)(1)(iii)(M) [Reserved]. For guidance see §86.098–35.

(a)(1)(iii)(N) [Reserved]. For guidance see §86.096–35.

(a)(2) heading through (a)(2)(iii)(B) [Reserved]. For guidance see §86.095–35.

(a)(2)(iii)(C) Engine displacement (in cubic inches or liters), engine family identification and evaporative/refueling family identification.

(a)(2)(iii)(D)–(a)(2)(iii)(E) [Reserved]. For guidance see §86.095–35.

(a)(2)(iii)(F) [Reserved]

(a)(2)(iii)(G)–(a)(2)(iii)(K) [Reserved]. For guidance see §86.095–35.

(a)(2)(iii)(L) [Reserved]

(a)(2)(iii)(M)–(a)(2)(iii)(N) [Reserved]. For guidance see §86.095–35.

(a)(2)(iii) (O)–(P) [Reserved]. For guidance see §86.096–35.

(a)(3) heading through (a)(4)(iii)(F) [Reserved]. For guidance see §86.095–35.

(a)(4)(ii)(G) [Reserved]. For guidance see §86.096–35.

(b)–(i) [Reserved]. For guidance see §86.095–35.

[59 FR 16285, Apr. 6, 1994]

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The definitions of §86.001–2 continue to apply to 2001 and later model year vehicles. The definitions listed in this section apply beginning with the 2004 model year.

Defeat device means an auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless:

(1) Such conditions are substantially included in the applicable Federal emission test procedure for heavy-duty vehicles and heavy-duty engines described in subpart N of this part;

(2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident; or

(3) The AECD does not go beyond the requirements of engine starting.

U.S.-directed production means the engines and/or vehicles (as applicable) produced by a manufacturer for which the manufacturer has reasonable assurance that sale was or will be made to ultimate purchasers in the United States, excluding engines and/or vehicles that are certified to state emission standards different than the emission standards in this part.

Useful life means:

(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of §86.094–9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in §86.094–9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of §86.130–96, and/or the refueling emission test requirements of §86.151–98, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first.

(2) For light light-duty trucks subject to the Tier 0 standards of §86.094–9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the evaporative emission test requirements of §86.130–96, and/or the refueling emission test requirements of §86.151–98, is also defined as a period of 11 years or 120,000 miles, whichever occurs first.

(3) For an Otto-cycle HDE family:

(i) For hydrocarbon and carbon monoxide standards, a period of use of 10 years or 110,000 miles, whichever first occurs.

(ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.

(iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of §86.1230–96, a period of use of 10 years or 110,000 miles, whichever first occurs.

(4) For a diesel HDE family:

(i) For light heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emissions standards, a period of use of 10 years or 110,000 miles, whichever first occurs.

(ii) For medium heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emission standards, a period of use of 10 years or 185,000 miles, whichever first occurs.

(iii) For heavy heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbon emissions standards, a period of use of 10 years or 435,000 miles, or 22,000 hours, whichever first occurs, except as provided in paragraphs (4)(iv) and (4)(v) of this definition.

(iv) The useful life limit of 22,000 hours in paragraph (4)(iii) of this definition is effective as a limit to the useful life only when an accurate hours meter is provided by the manufacturer with the engine and only when such hours meter can reasonably be expected to operate properly over the useful life of the engine.

(v) For an individual engine, if the useful life hours limit of 22,000 hours is reached before the engine reaches 10 years or 100,000 miles, the useful life shall become 10 years or 100,000 miles, whichever occurs first, as required under Clean Air Act section 202(d).

(5) As an option for both light-duty trucks under certain conditions and HDE families, an alternative useful life period may be assigned by the Administrator under the provisions of §86.094–21(f).

Warranty period, for purposes of HDE emissions defect warranty and emissions performance warranty, shall be a period of 5 years/50,000 miles, whichever occurs first, for Otto-cycle HDEs and light heavy-duty diesel engines. For all other heavy-duty diesel engines the aforementioned period shall be 5 years/100,000 miles, whichever occurs first. However, in no case may this period be less than the basic mechanical warranty period that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the emissions warranty shall also be shared in the same manner as specified in the warranty agreement.

[62 FR 54720, Oct. 21, 1997, as amended at 65 FR 59945, Oct. 6, 2000; 66 FR 5159, Jan. 18, 2001]

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Section 86.004–9 includes text that specifies requirements that differ from §86.097–9, §86.099–9, §86.000–9 or §86.001–9. Where a paragraph in §86.097–9, §86.099–9, §86.000–9 or §86.001–9 is identical and applicable to §86.004–9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.097–9.” or “[Reserved]. For guidance see §86.099–9.” or “[Reserved]. For guidance see §86.000–9.” or “[Reserved]. For guidance see §86.001–9.”

(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see §86.097–9.

(a)(1)(iv)–(b)(4) [Reserved]. For guidance see §86.099–9.

(b)(5) [Reserved]

(b)(6) [Reserved]. For guidance see §86.001–9.

(c) [Reserved]. For guidance see §86.097–9.

(d) Refueling emissions from 2004 and later model year gasoline-fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.

(d)(1)–(d)(2)(ii) [Reserved]. For guidance see §86.001–9.

(d)(2)(iii) Heavy-duty vehicles certified as light-duty trucks under the provisions of §86.085–1 shall comply with the provisions of §86.001–9 (d)(1)(i) and (ii).

(3)(i) All light-duty trucks of a GVWR equal to 6,000 pounds or less (100%) must meet the refueling emission standard.

(ii) A minimum of the percentage shown in table A04–09 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks of 6,001 to 8,500 pounds GVWR shall be tested under the procedures in subpart B of this part indicated for 2004 and later model years, and shall not exceed the standards described in §86.001–9 (d)(1). Vehicles certified in accordance with §86.001–9 (d)(2)(ii), as determined by the provisions of §86.001–28(g), shall not be counted in the calculation of the percentage of compliance:

(e) [Reserved]. For guidance see §86.000–9.

(f) [Reserved]

(g)–(k) [Reserved]. For guidance see §86.097–9.

[61 FR 54889, Oct. 22, 1996]

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This section applies to 2004 and later model year diesel HDEs.

(a)(1) Exhaust emissions from new 2004 and later model year diesel HDEs shall not exceed the following:

(i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO_X+NMHC) for engines fueled with either petroleum fuel, natural gas, or liquefied petroleum gas, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions.

(B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO_X+NMHCE) for engines fueled with methanol, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions.

(C) Optional standard. Manufacturers may elect to certify to an Oxides of Nitrogen plus Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) standard of 2.5 grams per brake horsepower-hour (0.93 gram per megajoule), as measured under transient operating conditions, provided that Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) do not exceed 0.5 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines), as measured under transient operating conditions.

(D) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in §86.004–15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the NO_Xplus NMHC (or NO_Xplus NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour (1.7 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. Additionally, families certified to the optional standard contained in paragraph (a)(1)(i)(C) of this section shall not exceed 0.50 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines) through the use of credits.

(E) [Reserved]

(ii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour (5.77 grams per megajoule), as measured under transient operating conditions.

(B) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel HDEs only).

(iii) Particulate. (A) For diesel engines to be used in urban buses, 0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for certification testing and selective enforcement audit testing, and 0.07 gram per brake horsepower-hour (0.026 gram per megajoule) for in-use testing, as measured under transient operating conditions.

(B) For all other diesel engines, 0.10 gram per brake horsepower-hour (0.037 gram per megajoule), as measured under transient operating conditions.

(C) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in §86.004–15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed 0.25 gram per brake horsepower-hour (0.093 gram 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)(2) 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, except as noted in §86.098–23(c)(2) or superceding sections.

(b)(1) The opacity of smoke emission from new 2004 and later model year diesel HDEs shall not exceed:

(i) 20 percent during the engine acceleration mode.

(ii) 15 percent during the engine lugging mode.

(iii) 50 percent during the peaks in either mode.

(2) The standards set forth in paragraph (b)(1) of this section refer to exhaust smoke emissions generated under the conditions set forth in subpart I of this part and measured and calculated in accordance with those procedures.

(3) Evaporative emissions (total of non-oxygenated hydrocarbons plus methanol) from heavy-duty vehicles equipped with methanol-fueled diesel engines 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.

(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 §86.1230–96, diurnal plus hot soak measurements: 3.0 grams per test.

( 2 ) For the supplemental two-diurnal test sequence described in §86.1230–96, diurnal plus hot soak measurements: 3.5 grams per test.

(B) Running loss test: 0.05 grams per mile.

(C) Fuel dispensing spitback test: 1.0 gram 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 §86.1230–96, diurnal plus hot soak measurements: 4.0 grams per test.

( 2 ) For the supplemental two-diurnal test sequence described in §86.1230–96, diurnal plus hot soak measurements: 4.5 grams per test.

(B) Running loss test: 0.05 grams per mile.

(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraph (b)(3) 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. 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.

(B) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in §86.091–23(b)(4)(ii)).

(iv) All fuel vapor generated 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.

(4) Evaporative emissions from 2004 and later model year heavy-duty vehicles equipped with natural gas-fueled or liquefied petroleum gas-fueled HDEs shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.

(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds for the full three-diurnal test sequence described in §86.1230–96, diurnal plus hot soak measurements: 3.0 grams per test.

(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds for the full three-diurnal test sequence described in §86.1230–96, diurnal plus hot soak measurements: 4.0 grams per test.

(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 pounds, the standards set forth in paragraph (b)(4) of this section refer to a composite sample of evaporative emissions collected under the conditions set forth in subpart M of this part and measured in accordance with those procedures.

(B) For vehicles with a Gross Vehicle Weight Rating greater than 26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and (b)(4)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in §86.091–23(b)(4)(ii)).

(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 2004 or later model year methanol-, natural gas-, or liquefied petroleum gas-fueled diesel, or any naturally-aspirated diesel HDE. For petroleum-fueled engines only, this provision does not apply to engines using turbochargers, pumps, blowers, or superchargers for air induction.

(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 I or N of this part to ascertain that such test engines meet the requirements of this section.

(e) The standards described in this section do not apply to diesel-fueled medium-duty passenger vehicles (MDPVs) that are subject to regulation under subpart S of this part, except as specified in subpart S of this part. The standards described in this section also do not apply to diesel engines used in such MDPVs, except as specified in the regulations in subpart S of this part. The term “medium-duty passenger vehicle” is defined in §86.1803.

[62 FR 54721, Oct. 21, 1997, as amended at 65 FR 6848, Feb. 10, 2000; 65 FR 59945, Oct. 6, 2000]

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(a)(1) Heavy-duty engines eligible for NO_Xplus NMHC and particulate averaging, trading and banking programs are described in the applicable emission standards sections in this subpart. All heavy-duty engine families which include any engines labeled for use in clean-fuel vehicles as specified in 40 CFR part 88 are not eligible for these programs. For manufacturers not selecting Options 1 or 2 contained in §86.005–10(f), the ABT program requirements contained in §86.000–15 apply for 2004 model year Otto-cycle engines, rather than the provisions contained in this §86.004–15. Participation in these programs is voluntary.

(2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section.

(ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used for averaging or trading to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL.

(b) Participation in the NO_Xplus NMHC and/or particulate averaging, trading, and banking programs shall be done as follows:

(1) During certification, the manufacturer shall:

(i) Declare its intent to include specific engine families in the averaging, trading and/or banking programs. Separate declarations are required for each program and for each pollutant ( i.e., NO_Xplus NMHC, and particulate).

(ii) Declare an FEL for each engine family participating in one or more of these two programs.

(A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower-hour for NO_Xplus NMHC emissions and one-hundredth of a gram per brake horsepower-hour for particulate emissions).

(B) In no case may the FEL exceed the upper limit prescribed in the section concerning the applicable heavy-duty engine NO_Xplus NMHC and particulate emission standards.

(iii) Calculate the projected emission credits (positive or negative) based on quarterly production projections for each participating family and for each pollutant, using the applicable equation in paragraph (c) of this section and the applicable factors for the specific engine family.

(iv)(A) Determine and state the source of the needed credits according to quarterly projected production for engine families requiring credits for certification.

(B) State where the quarterly projected credits will be applied for engine families generating credits.

(C) Credits may be obtained from or applied to only engine families within the same averaging set as described in paragraph (d) or (e) of this section. Credits available for averaging, trading, or banking as defined in §86.090–2, may be applied exclusively to a given engine family, or reserved as defined in §86.091–2.

(2) Based on this information each manufacturer's certification application must demonstrate:

(i) That at the end of model year production, each engine family has a net emissions credit balance of zero or more using the methodology in paragraph (c) of this section with any credits obtained from averaging, trading or banking.

(ii) The source of the credits to be used to comply with the emission standard if the FEL exceeds the standard, or where credits will be applied if the FEL is less than the emission standard. In cases where credits are being obtained, each engine family involved must state specifically the source (manufacturer/engine family) of the credits being used. In cases where credits are being generated/supplied, each engine family involved must state specifically the designated use (manufacturer/engine family or reserved) of the credits involved. All such reports shall include all credits involved in averaging, trading or banking.

(3) During the model year manufacturers must:

(i) Monitor projected versus actual production to be certain that compliance with the emission standards is achieved at the end of the model year.

(ii) Provide the end-of-model year reports required under §86.001–23.

(iii) For manufacturers participating in emission credit trading, maintain the quarterly records required under §86.091–7(c)(8).

(4) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-model year reports, follow-up audits, and any other compliance measures deemed appropriate by the Administrator.

(5) Compliance under averaging, banking, and trading will be determined at the end of the model year. Engine families without an adequate amount of NO_X. NO_Xplus NMHC, and/or particulate emission credits will violate the conditions of the certificate of conformity. The certificates of conformity may be voided ab initio for engine families exceeding the emission standard.

(6) If EPA or the manufacturer determines that a reporting error occurred on an end-of-year report previously submitted to EPA under this section, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative balances may be adjusted by EPA for retroactive use.

(i) If EPA review of a manufacturer's end-of-year report indicates a credit shortfall, the manufacturer will be permitted to purchase the necessary credits to bring the credit balance for that engine family to zero, using the discount specified in paragraph (c)(1) of this section on the ratio of credits purchased for every credit needed to bring the balance to zero. If sufficient credits are not available to bring the credit balance for the family in question to zero, EPA may void the certificate for that engine family ab initio.

(ii) If within 180 days of receipt of the manufacturer's end-of-year report, EPA review determines a reporting error in the manufacturer's favor (i.e., resulting in a positive credit balance) or if the manufacturer discovers such an error within 180 days of EPA receipt of the end-of-year report, the credits will be restored for use by the manufacturer.

(c)(1) For each participating engine family, NO_Xplus NMHC, and particulate emission credits (positive or negative) are to be calculated according to one of the following equations and rounded, in accordance with ASTM E29–93a (incorporated by reference at §86.1), to the nearest one-tenth of a Megagram (Mg). Consistent units are to be used throughout the equation.

(i) For determining credit need for all engine families and credit availability for engine families generating credits for averaging programs only:

Emission credits = (Std − FEL) × (CF) × (UL) × (Production) × (10⁻⁶)

(ii) For determining credit availability for engine families generating credits for trading or banking programs:

Emission credits = (Std − FEL) × (CF) × (UL) × (Production) × (10⁻⁶) × (Discount)

(iii) For purposes of the equation in paragraphs (c)(1)(i) and (ii) of this section:

Std = the current and applicable heavy-duty engine NO_Xplus NMHC or particulate emission standard in grams per brake horsepower hour or grams per Megajoule.

FEL = the NO_Xplus NMHC, or particulate family emission limit for the engine family in grams per brake horsepower hour or grams per Megajoule.

CF = a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given in paragraph (c)(2) of this section.

UL = the useful life described in §86.004–2, or alternative life as described in §86.004–21(f), for the given engine family in miles.

Production = the number of engines produced for U.S. sales within the given engine family during the model year. Quarterly production projections are used for initial certification. Actual production is used for end-of-year compliance determination.

Discount = a one-time discount applied to all credits to be banked or traded within the model year generated. Except as otherwise allowed in paragraphs (k) and (l) of this section, the discount applied here is 0.9. Banked credits traded in a subsequent model year will not be subject to an additional discount. Banked credits used in a subsequent model year's averaging program will not have the discount restored.

(2)(i) The transient cycle conversion factor is the total (integrated) cycle brake horsepower-hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles.

(ii) When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in §86.085–24), the conversion factor used is to be based upon a production weighted average value of the configurations in an engine family to calculate the conversion factor.

(d) Averaging sets for NO X plus NMHC emission credits. The averaging and trading of NO_Xplus NMHC emission credits will only be allowed between heavy-duty engine families in the same averaging set. The averaging sets for the averaging and trading of NO_Xplus NMHC emission credits for heavy-duty engines are defined as follows:

(1) For NO_X+NMHC credits from Otto-cycle heavy-duty engines:

(i) Otto-cycle heavy-duty engines constitute an averaging set. Averaging and trading among all Otto-cycle heavy-duty engine families is allowed. There are no subclass restrictions.

(ii) Otto-cycle heavy-duty vehicles certified under the chassis-based provisions of Subpart S of this Part may not average or trade with heavy-duty Otto-cycle engines except as allowed in §86.1817–05(o).

(2) For NO_Xplus NMHC credits from diesel-cycle heavy-duty engines:

(i) Each of the three primary intended service classes for heavy-duty diesel engines, as defined in §86.004–2, constitute an averaging set. Averaging and trading among all diesel-cycle engine families within the same primary service class is allowed.

(ii) Urban buses are treated as members of the primary intended service class where they otherwise would fall.

(e) Averaging sets for particulate emission credits. The averaging and trading of particulate emission credits will only be allowed between diesel cycle heavy-duty engine families in the same averaging set. The averaging sets for the averaging and trading of particulate emission credits for diesel cycle heavy-duty engines are defined as follows:

(1) Engines intended for use in urban buses constitute a separate averaging set from all other heavy-duty engines. Averaging and trading between diesel cycle bus engine families is allowed.

(2) For heavy-duty engines, exclusive of urban bus engines, each of the three primary intended service classes for heavy-duty diesel cycle engines, as defined in §86.004–2, constitute an averaging set. Averaging and trading between diesel-cycle engine families within the same primary service class is allowed.

(3) Otto cycle engines may not participate in particulate averaging, trading, or banking.

(f) Banking of NO X plus NMHC, and particulate emission credits —(1) Credit deposits. (i) NO_Xplus NMHC, and particulate emission credits may be banked from engine families produced in any model year.

(ii) Manufacturers may bank credits only after the end of the model year and after actual credits have been reported to EPA in the end-of-year report. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for trading or averaging.

(2) Credit withdrawals. (i) NO_Xplus NMHC and particulate credits generated in 2004 and later model years do not expire. NO_Xplus NMHC credits generated by Otto-cycle engines in the 2003 model year for manufacturers selecting Option 1 contained in §86.005–10(f)(1) also do not expire.

(ii) Manufacturers withdrawing banked NO_Xplus NMHC, and/or particulate credits shall indicate so during certification and in their credit reports, as described in §86.091–23.

(3) Use of banked emission credits. The use of banked credits shall be within the averaging set and other restrictions described in paragraphs (d) and (e) of this section, and only for the following purposes:

(i) Banked credits may be used in averaging, or in trading, or in any combination thereof, during the certification period. Credits declared for banking from the previous model year but not reported to EPA may also be used. However, if EPA finds that the reported credits can not be proven, they will be revoked and unavailable for use.

(ii) Banked credits may not be used for NO_Xplus NMHC or particulate averaging and trading to offset emissions that exceed an FEL. Banked credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, banked credits may be used for subsequent production of the engine family if the manufacturer elects to recertify to a higher FEL.

(iii) NO_Xcredits banked under paragraph §86.098–15(j) or §86.000–15(k) may be used in place of NO_Xplus NMHC credits in 2004 and later model years provided that they are used in the correct averaging set. NO_Xcredits banked under paragraph §86.000–15(k) may also be used in place of NO_Xplus NMHC credits in the 2003 model year for manufacturers selecting Option 1 contained in §86.005–10(f)(1), provided that they are used in the correct averaging set.

(iv) Except for early credits banked under §86.000–15(k), NO_Xcredits banked in accordance with §86.000–15 may not be used to meet the Otto-cycle engine standards contained in §86.005–10.

(g)(1) This paragraph (g) assumes NO_Xplus NMHC, and particulate nonconformance penalties (NCPs) will be available for the 2004 and later model year HDEs.

(2) Engine families using NO_Xplus NMHC and/or particulate NCPs but not involved in averaging:

(i) May not generate NO_Xplus NMHC or particulate credits for banking and trading.

(ii) May not use NO_Xplus NMHC or particulate credits from banking and trading.

(3) If a manufacturer has any engine family to which application of NCPs and banking and trading credits is desired, that family must be separated into two distinct families. One family, whose FEL equals the standard, must use NCPs only while the other, whose FEL does not equal the standard, must use credits only.

(4) If a manufacturer has any engine family in a given averaging set which is using NO_Xplus NMHC and/or particulate NCPs, none of that manufacturer's engine families in that averaging set may generate credits for banking and trading.

(h) In the event of a negative credit balance in a trading situation, both the buyer and the seller would be liable.

(i) Certification fuel used for credit generation must be of a type that is both available in use and expected to be used by the engine purchaser. Therefore, upon request by the Administrator, the engine manufacturer must provide information acceptable to the Administrator that the designated fuel is readily available commercially and would be used in customer service.

(j) Credit apportionment. At the manufacturer's option, credits generated under the provisions described in this section may be sold to or otherwise provided to another party for use in programs other than the averaging, trading and banking program described in this section.

(1) The manufacturer shall pre-identify two emission levels per engine family for the purposes of credit apportionment. One emission level shall be the FEL and the other shall be the level of the standard that the engine family is required to certify to under §86.005–10 or §86.004–11. For each engine family, the manufacturer may report engine sales in two categories, “ABT-only credits” and “nonmanufacturer-owned credits”.

(i) For engine sales reported as “ABT-only credits”, the credits generated must be used solely in the ABT program described in this section.

(ii) The engine manufacturer may declare a portion of engine sales “nonmanufacturer-owned credits” and this portion of the credits generated between the standard and the FEL, based on the calculation in (c)(1) of this section, would belong to the engine purchaser. For ABT, the manufacturer may not generate any credits for the engine sales reported as “nonmanufacturer-owned credits”. Engines reported as “nonmanufacturer-owned credits” shall comply with the FEL and the requirements of the ABT program in all other respects.

(2) Only manufacturer-owned credits reported as “ABT-only credits” shall be used in the averaging, trading, and banking provisions described in this section.

(3) Credits shall not be double-counted. Credits used in the ABT program may not be provided to an engine purchaser for use in another program.

(4) Manufacturers shall determine and state the number of engines sold as “ABT-only credits” and “nonmanufacturer-owned credits” in the end-of-model year reports required under §86.001–23.

(k) Additional flexibility for diesel-cycle engines. If a diesel-cycle engine family meets the conditions of either paragraph (k)(1) or (2) of this section, a Discount of 1.0 may be used in the trading and banking calculation, for both NO_Xplus NMHC and for particulate, described in paragraph (c)(1) of this section.

(1) The engine family certifies with a certification level of 1.9 g/bhp-hr NO_Xplus NMHC or lower for all diesel-cycle engine families.

(2) All of the following must apply to the engine family:

(i) Diesel-cycle engines only;

(ii) 2004, 2005, and 2006 model years only;

(iii) Must be an engine family using carry-over certification data from prior to model year 2004 where the NO_Xplus the HC certification level prior to model year 2004 is below the NO_Xplus NMHC or NO_Xplus NMHCE standard set forth in §86.004–11. Under this option, the NO_Xcredits generated from this engine family prior to model year 2004 may be used as NO_Xplus NMHC credits.

(l) Additional flexibility for Otto-cycle engines. If an Otto-cycle engine family meets the conditions of paragraph (l)(1) or (2) of this section, a discount of 1.0 may be used in the trading and banking credits calculation for NO_Xplus NMHC described in paragraph (c)(1) of this section, as follows:

(1) The engine family has a FEL of 0.5 g/bhp-hr NO_Xplus NMHC or lower;

(2) All of the following conditions are met:

(i) For first three consecutive model years that the engine family is certified to a NO_Xplus NMHC standard contained in §86.005–10;

(ii) The engine family is certified using carry-over data from an engine family which was used to generate early NO_Xcredits per §86.000–15(k) where the sum of the NO_XFEL plus the HC (or hydrocarbon equivalent where applicable) certification level is below 1.0 g/bhp-hr.

[62 FR 54722, Oct. 21, 1997, as amended at 65 FR 59946, Oct. 6, 2000]

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(a) No new heavy-duty vehicle or heavy-duty engine shall be equipped with a defeat device.

(b) The Administrator may test or require testing on any vehicle or engine at a designated location, using driving cycles and conditions which may reasonably be expected to be encountered in normal operation and use, for the purpose of investigating a potential defeat device.

(c) [Reserved]

(d) For vehicle and engine designs designated by the Administrator to be investigated for possible defeat devices:

(1) General. The manufacturer must show to the satisfaction of the Administrator that the vehicle or engine design does not incorporate strategies that reduce emission control effectiveness exhibited during the applicable Federal emissions test procedures when the vehicle or engine is operated under conditions which may reasonably be expected to be encountered in normal operation and use, unless one of the specific exceptions set forth in the definition of “defeat device” in §86.004–2 has been met.

(2) Information submissions required. The manufacturer will provide an explanation containing detailed information (including information which the Administrator may request to be submitted) regarding test programs, engineering evaluations, design specifications, calibrations, on-board computer algorithms, and design strategies incorporated for operation both during and outside of the applicable Federal emission test procedure.

[65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005]

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Section 86.004–21 includes text that specifies requirements that differ from §86.094–21 or §86.096–21. Where a paragraph in §86.094–21 or §86.096–21 is identical and applicable to §86.004–21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–21.” or “[Reserved]. For guidance see §86.096–21.”.

(a)–(b)(3) [Reserved]. For guidance see §86.094–21.

(b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in §86.001–23(b)(2).

(b)(4)(ii)–(b)(5)(iv) [Reserved]. For guidance see §86.094–21.

(b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the test vehicle of that evaporative/ refueling emission family-emission control system combination, required to use a volume of fuel equal to 85% of fuel tank volume.

(6) Participation in averaging programs —(i) Particulate averaging. (A) If the manufacturer elects to participate in the particulate averaging program for diesel light-duty vehicles and/or diesel light-duty trucks or the particulate averaging program for heavy-duty diesel engines, the application must list the family particulate emission limit and the projected U.S. production volume of the family for the model year.

(B) The manufacturer shall choose the level of the family particulate emission limits, accurate to hundredth of a gram per mile or hundredth of a gram per brake horsepowerhour for HDEs.

(C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in §§86.090–2 and 86.094–28(b)(5)(i).

(ii) NO X and NO X plus NMHC averaging. (A) If the manufacturer elects to participate in the NO_Xaveraging program for light-duty trucks or otto-cycle HDEs or the NO_Xplus NMHC averaging program for diesel-cycle HDEs, the application must list the family emission limit and the projected U.S. production volume of the family for the model year.

(B) The manufacturer shall choose the level of the family emission limits, accurate to one-tenth of a gram per mile or to one-tenth of a gram per brake horsepower-hour for HDEs.

(C) The manufacturer may at any time during production elect to change the level of any family emission limit(s) by submitting the new limits to the Administrator and by demonstrating compliance with the limit(s) as described in §§86.088–2 and 86.094–28(b)(5)(ii).

(b)(7) and (b)(8) [Reserved]. For guidance see §86.094–21.

(b)(9) For each light-duty vehicle, light-duty truck, evaporative/refueling emission family or heavy-duty vehicle evaporative emission family, a description of any unique procedures required to perform evaporative and/or refueling emission tests, as applicable, (including canister working capacity, canister bed volume, and fuel temperature profile for the running loss test) for all vehicles in that evaporative and/or evaporative/refueling emission family, and a description of the method used to develop those unique procedures.

(10) For each light-duty vehicle or applicable light-duty truck evaporative/refueling emission family, or each heavy-duty vehicle evaporative emission family:

(i) Canister working capacity, according to the procedures specified in §86.132–96(h)(1)(iv);

(ii) Canister bed volume; and

(iii) Fuel temperature profile for the running loss test, according to the procedures specified in §86.129–94(d).

(c)–(j) [Reserved]. For guidance see §86.094–21.

(k) and (l) [Reserved]. For guidance see §86.096–21.

(m) For model years 2004 through 2007, within 180 days after submission of the application for certification of a heavy-duty diesel engine, the manufacturer must provide emission test results from the Load Response Test conducted according to §86.1380–2004, including, at a minimum, test results conducted at each of the speeds identified in §86.1380–2004. Load Response Test data submissions are not necessary for carry-over engine families for which Load Response Test data has been previously submitted. In addition, upon approval of the Administrator, manufacturers may carry Load Response Test data across from one engine family to other engine families, provided that the carry-across engine families use similar emission control technology hardware which would be expected to result in the generation of similar emission data when run over the Load Response Test.

(n) Upon request from EPA, a manufacturer must provide to EPA any hardware (including scan tools), passwords, and/or documentation necessary for EPA to read, interpret, and store (in engineering units if applicable) any information broadcast by an engine's on-board computers and electronic control modules which relates in any way to emission control devices and auxiliary emission control devices, provided that such hardware, passwords, or documentation exists and is not otherwise commercially available. Passwords include any information necessary to enable generic scan tools or personal computers access to proprietary emission related information broadcast by an engine's on-board computer, if such passwords exist. This requirement includes access by EPA to any proprietary code information which may be broadcast by an engine's on-board computer and electronic control modules. Information which is confidential business information must be marked as such. Engineering units refers to the ability to read, interpret, and store information in commonly understood engineering units, for example, engine speed in revolutions per minute or per second, injection timing parameters such as start of injection in degree's before top-dead center, fueling rates in cubic centimeters per stroke, vehicle speed in miles per hour or kilometers per hour. This paragraph (n) does not restrict EPA authority to take any action authorized by section 208 of the Clean Air Act.

[62 FR 54724, Oct. 21, 1997, as amended at 65 FR 59947, Oct. 6, 2000]

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Section 86.004–25 includes text that specifies requirements that differ from §86.094–25 or §86.098–25. Where a paragraph in §86.094–25 or §86.098–25 is identical and applicable to §86.004–25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–25.” or “[Reserved]. For guidance see §86.098–25.”.

(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and HDEs.

(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.

(b) Introductory text through (b)(3)(ii) [Reserved]. For guidance see §86.094–25.

(b)(3)(iii) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(iii) (A)–(E) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.

(A) Positive crankcase ventilation valve.

(B) Emission-related hoses and tubes.

(C) Ignition wires.

(D) Idle mixture.

(E) Exhaust gas recirculation system related filters and coolers.

(iv) For otto-cycle light-duty vehicles, light-duty trucks and otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter.

(v) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(v) (A)–(H) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter.

(A) Catalytic converter.

(B) Air injection system components.

(C) Fuel injectors.

(D) Electronic engine control unit and its associated sensors (except oxygen sensor) and actuators.

(E) Evaporative emission canister.

(F) Turbochargers.

(G) Carburetors.

(H) Exhaust gas recirculation system (including all related control valves and tubing) except as otherwise provided in paragraph (b)(3)(iii)(E) of this section.

(b)(3)(vi)(A)–(b)(3)(vi)(D) [Reserved]. For guidance see §86.094–25.

(b)(3)(vi)(E)–(b)(3)(vi)(J) [Reserved]. For guidance see §86.098–25.

(4) For diesel-cycle light-duty vehicles, light-duty trucks, and HDEs, emission-related maintenance in addition to or at shorter intervals than that listed in paragraphs (b)(4) (i)–(iv) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.

(i) For diesel-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(4)(i) (A)–(C) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.

(A) Exhaust gas recirculation system related filters and coolers.

(B) Positive crankcase ventilation valve.

(C) Fuel injector tips (cleaning only).

(ii) For diesel-cycle light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the positive crankcase ventilation valve shall occur at 50,000 miles of use and at 50,000-mile intervals thereafter.

(iii) The adjustment, cleaning, repair, or replacement of items listed in paragraphs (b)(4)(iii) (A)–(G) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter for light heavy-duty diesel engines, or, at 150,000 miles (or 4,500 hours) intervals thereafter for medium and heavy heavy-duty diesel engines.

(A) Fuel injectors.

(B) Turbocharger.

(C) Electronic engine control unit and its associated sensors and actuators.

(D) Particulate trap or trap-oxidizer system (including related components).

(E) Exhaust gas recirculation system (including all related control valves and tubing) except as otherwise provided in paragraph (b)(4)(i)(A) of this section.

(F) Catalytic converter.

(G) Any other add-on emissions-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emissions control and whose function is not integral to the design and performance of the engine.)

(iv) For disel-cycle light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement shall occur at 100,000 miles of use and at 100,000-mile intervals thereafter of the items listed in paragraphs (b)(4)(iv) (A)–(G) of this section.

(A) Fuel injectors.

(B) Turbocharger.

(C) Electronic engine control unit and its associated sensors and actuators.

(D) Particulate trap or trap-oxidizer system (including related components).

(E) Exhaust gas recirculation system including all related filters and control valves.

(F) Catalytic converter.

(G) Superchargers.

(5) [Reserved]

(6)(i) The components listed in paragraphs (b)(6)(i) (A)–(H) of this section are currently defined as critical emission-related components.

(A) Catalytic converter.

(B) Air injection system components.

(C) Electronic engine control unit and its associated sensors (including oxygen sensor if installed) and actuators.

(D) Exhaust gas recirculation system (including all related filters, coolers, control valves, and tubing).

(E) Positive crankcase ventilation valve.

(F) Evaporative and refueling emission control system components (excluding canister air filter).

(G) Particulate trap or trap-oxidizer system.

(H) Any other add-on emissions-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emissions control and whose function is not integral to the design and performance of the engine.)

(ii) All critical emission-related scheduled maintenance must have a reasonable likelihood of being performed in-use. The manufacturer shall be required to show the reasonable likelihood of such maintenance being performed in-use, and such showing shall be made prior to the performance of the maintenance on the durability data vehicle. Critical emission-related scheduled maintenance items which satisfy one of the conditions defined in paragraphs (b)(6)(ii) (A)–(F) of this section will be accepted as having a reasonable likelihood of the maintenance item being performed in-use.

(A) Data are presented which establish for the Administrator a connection between emissions and vehicle performance such that as emissions increase due to lack of maintenance, vehicle performance will simultaneously deteriorate to a point unacceptable for typical driving.

(B) Survey data are submitted which adequately demonstrate to the Administrator that, at an 80 percent confidence level, 80 percent of such engines already have this critical maintenance item performed in-use at the recommended interval(s).

(C) A clearly displayed visible signal system approved by the Administrator is installed to alert the vehicle driver that maintenance is due. A signal bearing the message “maintenance needed” or “check engine”, or a similar message approved by the Administrator, shall be actuated at the appropriate mileage point or by component failure. This signal must be continuous while the engine is in operation and not be easily eliminated without performance of the required maintenance. Resetting the signal shall be a required step in the maintenance operation. The method for resetting the signal system shall be approved by the Administrator. For HDEs, the system must not be designed to deactivate upon the end of the useful life of the engine or thereafter.

(D) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in-use experience without the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected vehicles per critical emission-related maintenance item without such visible signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph (b)(6)(ii)(B) of this section. This option is restricted to two consecutive model years and may not be repeated until any previous survey has been completed. If the critical maintenance involves more than one engine family, the sample will be sales weighted to ensure that it is representative of all the families in question.

(E) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenance is free in the instructions provided under §86.087–38.

(F) Any other method which the Administrator approves as establishing a reasonable likelihood that the critical maintenance will be performed in-use.

(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inoperative without also performing the indicated maintenance procedure is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).

(b)(7)–(h) [Reserved]. For guidance see §86.094–25.

[62 FR 54725, Oct. 21, 1997]

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Section 86.004–26 includes text that specifies requirements that differ from §86.094–26, §86.095–26, §86.096–26, §86.098–26, §86.000–26, or §86.001–26. Where a paragraph in §86.094–26, §86.095–26, §86.096–26, §86.098–26, §86.000–26 or §86.001–26 is identical and applicable to §86.004–26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–26.” or [Reserved]. For guidance see §86.095–26.” or “[Reserved]. For guidance see §86.096–26.” or “[Reserved]. For guidance see §86.098–26.” or “[Reserved]. For guidance see §86.000–26.” or “[Reserved]. For guidance see §86.001–26.”.

(a)(1) [Reserved]. For guidance see §86.094–26.

(a)(2)–(a)(3)(i)(A) [Reserved]. For guidance see §86.000–26.

(a)(3)(i)(B) [Reserved]. For guidance see §86.094–26.

(a)(3)(i)(C) [Reserved]. For guidance see §86.098–26.

(a)(3)(i)(D)–(a)(3)(ii)(B) [Reserved]. For guidance see §86.094–26.

(a)(3)(ii)(C) [Reserved]. For guidance see §86.098–26.

(a)(3)(ii)(D)–(a)(4)(i)(B)( 4 ) [Reserved]. For guidance see §86.094–26.

(a)(4)(i)(C) [Reserved]. For guidance see §86.000–26.

(a)(4)(i)(D)–(a)(6)(ii) [Reserved]. For guidance see §86.094–26.

(a)(6)(iii) [Reserved]. For guidance see §86.000–26.

(a)(7)–(a)(9)(i) [Reserved]. For guidance see §86.094–26.

(a)(9)(ii) [Reserved]. For guidance see §86.000–26.

(a)(9)(iii)–(b)(2) introductory text [Reserved]. For guidance see §86.094–26.

(b)(2)(i)–(b)(2)(ii) [Reserved]. For guidance see §86.000–26.

(b)(2)(iii) [Reserved]. For guidance see §86.094–26.

(b)(2)(iv) [Reserved]. For guidance see §86.001–26.

(b)(3)–(b)(4)(i)(B) [Reserved]. For guidance see §86.094–26.

(b)(4)(i)(C) [Reserved]. For guidance see §86.001–26.

(b)(4)(i)(D)–(b)(4)(ii)(B) [Reserved]. For guidance see §86.095–26.

(b)(4)(ii)(C) [Reserved]. For guidance see §86.001–26.

(b)(4)(ii)(D) [Reserved]. For guidance see §86.095–26.

(b)(4)(iii) [Reserved]

(b)(4)(iv) [Reserved]. For guidance see §86.094–26.

(c)(1) Paragraph (c) of this section applies to heavy-duty engines.

(2) Two types of service accumulation are applicable to heavy-duty engines, as described in paragraphs (c)(2)(i) and (ii) of this section. For Otto-cycle heavy-duty engines exhaust emissions, the service accumulation method used by a manufacturer must be designed to effectively predict the deterioration of emissions in actual use over the full useful life of the of the candidate in-use vehicles and must cover the breadth of the manufacturer's product line that will be covered by the durability procedure. Manufacturers not selecting Options 1 or 2 described in §86.005–10(f) may certify Otto-cycle engines using the provisions contained in §86.094–26(c)(2) rather than those contained in this paragraph (c)(2) for 2004 model year engine families certified using carry-over durability data, except for those engines used for early credit banking as allowed in §86.000–15(k).

(i) Service accumulation on engines, subsystems, or components selected by the manufacturer under §86.094–24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification.

(ii) Dynamometer service accumulation on emission data engines selected under §86.094–24(b)(2) or (3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations.

(3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in §86.000–26(b)(2)(i) and related testing, according to the manufacturer's procedures.

(4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission-data engine selections under §86.094–24(b)(2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission-data engine selection under §86.094–24(b)(2). Evaporative emission controls must be connected, as described in 40 CFR part 1065, subpart F. The Administrator may determine under §86.094–24(f) that no testing is required.

(d)(1)–(d)(2)(i) [Reserved]. For guidance see §86.094–26.

(d)(2)(ii) [Reserved]. For guidance see §86.000–26.

(d)(3) [Reserved]. For guidance see §86.094–26.

(d)(4) and (5) [Reserved].

(d)(6) [Reserved]. For guidance see §86.094–26.

[65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005]

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Section 86.004–28 includes text that specifies requirements that differ from §86.094–28, §86.098–28, §86.000–28 or §86.001–28. Where a paragraph in §86.094–28, §86.098–28, §86.000–28 or §86.001–28 is identical and applicable to §86.004–28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–28.” or “[Reserved]. For guidance see §86.098–28.” or “[Reserved]. For guidance see §86.000–28.” or “[Reserved]. For guidance see §86.001–28.”

(a)(1)–(a)(2) [Reserved. For guidance see §86.000–28.

(a)(3) [Reserved]. For guidance see §86.094–28.

(a)(4) introductory text [Reserved]. For guidance see §86.098–28.

(a)(4)(i) [Reserved]. For guidance see §86.000–28.

(a)(4)(i)(A)–(a)(4)(i)(B)( 2 )( i ) [Reserved. For guidance see §86.094–28.

(a)(4)(i)(B)( 2 )( ii ) [Reserved]. For guidance see §86.000–28.

(a)(4)(i)(B)( 2 )( iii )–(a)(4)(i)(B)( 2 )( iv ) [Reserved]. For guidance see §86.094–28.

(a)(4)(i)(C)–(a)(4)(i)(D)( 2 ) [Reserved]. For guidance see §86.098–28.

(a)(4)(ii)(A)( 1 )–(a)(4)(ii)(A)( 2 ) [Reserved]. For guidance see §86.000–28.

(a)(4)(ii)(B)–(a)(4)(ii)(C) [Reserved]. For guidance see §86.098–28.

(a)(4)(iii) [Reserved]. For guidance see §86.000–28.

(a)(4)(iv) [Reserved]. For guidance see §86.094–28.

(a)(4)(v) [Reserved]. For guidance see §86.098–28.

(a)(5)–(a)(6) [Reserved]. For guidance see §86.094–28.

(a)(7) introductory text [Reserved]. For guidance see §86.098–28.

(a)(7)(i) [Reserved]. For guidance see §86.000–28.

(a)(7)(ii) [Reserved]. For guidance see §86.094–28.

(b)(1) This paragraph (b) applies to light-duty trucks.

(2) Each exhaust, evaporative and refueling emission standard (and family emission limits, as appropriate) of §86.004–9 applies to the emissions of vehicles for the appropriate useful life as defined in §§86.098–2 and 86.004–9.

(b)(3)–(b)(4)(i) [Reserved]. For guidance see §86.094–28.

(b)(4)(ii)–(b)(6) [Reserved]. For guidance see §86.000–28.

(b)(7)(i)–(b)(9) [Reserved]. For guidance see §86.001–28.

(c)(1) Paragraph (c) of this section applies to heavy-duty engines.

(2) The applicable exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines and for diesel-cycle engines apply to the emissions of engines for their useful life.

(3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission data engine test results as the basis for determining compliance with the standards.

(4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer. Deterioration factors shall be established using applicable emissions test procedures. NO_Xplus NMHC deterioration factors shall be established based on the sum of the pollutants. When establishing deterioration factors for NO_Xplus NMHC, a negative deterioration (emissions decrease from the official exhaust emissions test result) for one pollutant may not offset deterioration of the other pollutant. Where negative deterioration occurs for NO_Xand/or NMHC, the official exhaust emission test result shall be used for purposes of determining the NO_Xplus NMHC deterioration factor.

(ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems, or components conducted by the manufacturer, shall be supplied for each engine-system combination. For Otto-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO_X. NO_Xplus NMHC, and idle CO, for those engines utilizing aftertreatment technology (e.g., catalytic converters). For diesel-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO_X. NO_Xplus NMHC and exhaust particulate. For diesel-cycle smoke testing, separate factors shall also be established for the acceleration mode (designated as “A”), the lugging mode (designated as “B”), and peak opacity (designated as “C”).

(iii)(A) Paragraphs (c)(4)(iii)(A) ( 1 ) and ( 2 ) of this section apply to Otto-cycle HDEs.

( 1 ) Otto-cycle HDEs not utilizing aftertreatment technology (e.g., catalytic converters). For transient NMHC (NMHCE), CO, NO_X. the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.

( 2 ) Otto-cycle HDEs utilizing aftertreatment technology ( e.g., catalytic converters). For transient NMHC (NMHCE), CO, NO_X. and for idle CO, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor, except as otherwise provided in paragraph (c)(4)(iii)(A)( 3 ) of this section. The deterioration factor must be calculated by dividing the exhaust emissions at full useful life by the stabilized mileage emission level (reference §86.096–26(c)(4), e.g., 125 hours). However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for purposes of this paragraph (c)(4)(iii)(A)( 2 ).

( 3 ) An Otto-cycle heavy-duty engine manufacturer who believes that a deterioration factor derived using the calculation methodology described in paragraph (c)(4)(iii)(4)(A)( 2 ) of this section are significantly unrepresentative for one or more engine families (either too high or too low) may petition the Administrator to allow for the use of an additive rather than a multiplicative deterioration factor. This petition must include full rationale behind the request together with any supporting data or other evidence. Based on this or other information the Administration may allow for an alternative procedure. Any petition should be submitted in a timely manner, to allow adequate time for a thorough evaluation. Manufacturers using an additive deterioration factor under this paragraph (c)(4)(iii)(A)( 3 ) must perform in-use verification testing to determine if the additive deterioration factor reasonably predicts actual in-use emissions. The plan for the in-use verification testing must be approved by the Administrator as part of the approval process described in this paragraph (c)(4)(iii)(4)(A)( 3 ) prior to the use of the additive deterioration factor. The Administrator may consider the results of the in-use verification testing both in certification and in-use compliance programs.

(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle HDEs.

( 1 ) Additive deterioration factor for exhaust emissions. Except as specified in paragraph (c)(4)(iii)(B)(2) of this section, use an additive deterioration factor for exhaust emissions. An additive deterioration factor for a pollutant is the difference between exhaust emissions at the end of the useful life and exhaust emissions at the low-hour test point. In these cases, adjust the official emission results for each tested engine at the selected test point by adding the factor to the measured emissions. If the factor is less than zero, use zero. Additive deterioration factors must be specified to one more decimal place than the applicable standard.

( 2 ) Multiplicative deterioration factor for exhaust emissions. Use a multiplicative deterioration factor if good engineering judgment calls for the deterioration factor for a pollutant to be the ratio of exhaust emissions at the end of the useful life to exhaust emissions at the low-hour test point. For example, if you use aftertreatment technology that controls emissions of a pollutant proportionally to engine-out emissions, it is often appropriate to use a multiplicative deterioration factor. Adjust the official emission results for each tested engine at the selected test point by multiplying the measured emissions by the deterioration factor. If the factor is less than one, use one. A multiplicative deterioration factor may not be appropriate in cases where testing variability is significantly greater than engine-to-engine variability. Multiplicative deterioration factors must be specified to one more significant figure than the applicable standard.

( 3 ) Diesel-cycle HDEs only. For acceleration smoke (“A”), lugging smoke (“B”), and peak smoke (“C”), the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.

( 4 ) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (c)(4)(iii) of this section, rounded to the same number of significant figures as contained in the applicable standard in accordance with ASTM E 29–93a (as referenced in §86.094–28 (a)(4)(i)(B)(2)(ii)), for each emission data engine.

( 5 ) and ( 6 ) [Reserved]

( 7 ) Every test engine of an engine family must comply with all applicable standards (or family emission limits, as appropriate), as determined in paragraph (c)(4)(iv) of this section, before any engine in that family will be certified.

( 8 ) For the purposes of setting an NMHC plus NO_Xcertification level or FEL for a diesel-fueled engine family, the manufacturer may use one of the following options for the determination of NMHC for an engine family. The manufacturer must declare which option is used in its application for certification of that engine family.

(i) THC may be used in lieu of NMHC for the standards set forth in §86.004–11.

(ii) The manufacturer may choose its own method to analyze methane with prior approval of the Administrator.

(iii) The manufacturer may assume that two percent of the measured THC is methane (NMHC =0.98 × THC).

(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines.

(2) The applicable evaporative emission standards in this subpart apply to the emissions of vehicles for their useful life.

(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, an evaporative emission deterioration factor shall be determined from the testing described in §86.098–23(b)(3) for each evaporative emission family-evaporative emission control system combination to indicate the evaporative emission control system deterioration during the useful life of the vehicle (minimum 50,000 miles). The factor shall be established to a minimum of two places to the right of the decimal.

(ii) For vehicles with a GVWR of greater than 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, each manufacturer's statement as required in §86.098–23(b)(4)(ii) shall include, in accordance with good engineering practice, consideration of control system deterioration.

(4) The evaporative emission test results, if any, shall be adjusted by the addition of the appropriate deterioration factor, provided that if the deterioration factor as computed in paragraph (d)(3) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.

(5) The emission level to compare with the standard shall be the adjusted emission level of paragraph (d)(4) of this section. Before any emission value is compared with the standard, it shall be rounded, in accordance with ASTM E 29–93a (as referenced in §86.094–28 (a)(4)(i)(B)(2)(ii)), to two significant figures. The rounded emission values may not exceed the standard.

(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.

(e) [Reserved]

(f)–(g)(3) [Reserved]. For guidance see §86.001–28.

(g)(4) Vehicles certified to the refueling emission standard under this provision shall not be counted in the sales percentage compliance determinations for the 2004, 2005 and subsequent model years.

(h) [Reserved]. For guidance see §86.001–28.

(i) Emission results from heavy-duty engines equipped with exhaust aftertreatment may need to be adjusted to account for regeneration events. This provision only applies for engines equipped with emission controls that are regenerated on an infrequent basis. For the purpose of this paragraph (i), the term “regeneration” means an event during which emissions levels change while the aftertreatment performance is being restored by design. Examples of regenerations are increasing exhaust gas temperature to remove sulfur from an adsorber or increasing exhaust gas temperature to oxidize PM in a trap. For the purpose of this paragraph (i), the term “infrequent” means having an expected frequency of less than once per transient test cycle. Calculation and use of adjustment factors are described in paragraphs (i)(1)–(i)(5) of this section.

(1) Development of adjustment factors. Manufacturers must develop separate pairs of adjustment factors (an upward adjustment factor and a downward adjustment factor) for each pollutant based on measured emission data and observed regeneration frequency. Adjustment factors may be carried-over to subsequent model years or carried-across to other engine families only where the Administrator determines that such carry-over or carry-across is consistent with good engineering judgment. Adjustment factors should generally apply to an entire engine family, but manufacturers may develop separate adjustment factors for different engine configurations within an engine family. All adjustment factors for regeneration are additive.

(2) Calculation of adjustment factors. The adjustment factors are calculated from the following parameters: the measured emissions from a test in which the regeneration occurs (EF_H), the measured emissions from a test in which the regeneration does not occur (EF_L), and the frequency of the regeneration event in terms of fraction of tests during which the regeneration occurs (F). The average emission rate (EF_A) is calculated as:

EF_A= (F)(EF_H) + (1 − F)(EF_L)

(i) The upward adjustment factor (UAF) is calculated as: UAF = EF_A− EF_L.

(ii) The downward adjustment factor (DAF) is calculated as: DAF = EF_A− EF_H.

(3) Use of adjustment factors. Upward adjustment factors are added to measured emission rates for all tests in which the regeneration does not occur. Downward adjustment factors are added to measured emission rates for all tests in which the regeneration occurs. The occurrence of the regeneration must be identified in a manner that is readily apparent during all testing. Where no regeneration is identified, the upward adjustment factor shall be applied.

(4) Sample calculation. If EF_Lis 0.10 g/bhp-hr, EF_His 0.50 g/bhp-hr, and F is 0.1 ( i.e., the regeneration occurs once for each ten tests), then:

EF_A= (0.1)(0.5 g/bhp-hr) + (1.0 − 0.1)(0.1 g/bhp-hr) = 0.14 g/bhp-hr

UAF = 0.14 g/bhp-hr − 0.10 g/bhp-hr = 0.04 g/bhp-hr

DAF = 0.14 g/bhp-hr − 0.50 g/bhp-hr = −0.36 g/bhp-hr

(5) Options. (i) A manufacturer may elect to omit adjustment factors for one or more of its engine families (or configurations) because the effect of the regeneration is small, or because it is not practical to identify when regenerations occur. In these cases, no upward or downward adjustment factor shall be added, and the manufacturer is liable for compliance with the emission standards for all tests, without regard to whether a regeneration occurs.

(ii) Upon request by the manufacturer, the Administrator may account for regeneration events differently than is provided in this paragraph (i). However, this option only applies for events that occur extremely infrequently, and which cannot be practically addressed using the adjustment factors described in this paragraph (i).

[61 FR 54890, Oct. 22, 1996, as amended at 62 FR 54726, Oct. 21, 1997; 65 FR 59948, Oct. 6, 2000; 66 FR 5159, Jan. 18, 2001; 71 FR 31486, Aug. 30, 2006]

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Section 86.004–30 includes text that specifies requirements that differ from §§86.094–30, 86.095–30, 86.096–30, 86.098–30 or 86.001–30. Where a paragraph in §86.094–30, §86.095–30, §86.096–30, §86.098–30 or §86.001–30 is identical and applicable to §86.004–30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–30.” or “[Reserved]. For guidance see §86.095–30.” or “[Reserved]. For guidance see §86.096–30.” or “[Reserved]. For guidance see §86.098–30.” or “[Reserved]. For guidance see §86.001–30.”.

(a)(1) and (a)(2) [Reserved]. For guidance see §86.094–30.

(a)(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks, and petroleum-fueled diesel cycle light-duty vehicles and light-duty trucks not certified under §86.098–28(g), one such certificate will be issued for each engine family-evaporative/refueling emission family combination. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate).

(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of compliance as required in §86.098–23(b)(4) (i) and (ii).

(iii) For diesel light-duty vehicles and light-duty trucks, or diesel HDEs, included in the applicable particulate averaging program, the manufacturer may at any time during production elect to change the level of any family particulate emission limit by demonstrating compliance with the new limit as described in §86.094–28(a)(6), §86.094–28(b)(5)(i), or §86.004–28(c)(5)(i). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the date of issuance.

(iv) For light-duty trucks or HDEs included in the applicable NO_Xaveraging program, the manufacturer may at any time during production elect to change the level of any family NO_Xemission limit by demonstrating compliance with the new limit as described in §86.094–28(b)(5)(ii) or §86.004–28(c)(5)(ii). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the day of issue.

(4)(i) For exempt light-duty vehicles and light-duty trucks under the provisions of §86.094–8(j) or §86.094–9(j), an adjustment or modification performed in accordance with instructions provided by the manufacturer for the altitude where the vehicle is principally used will not be considered a violation of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).

(ii) A violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an ultimate purchaser any light-duty vehicle or light-duty truck, subject to the regulations under the Act, under any of the conditions specified in paragraph (a)(4)(ii) of this section.

(A) When a light-duty vehicle or light-duty truck is exempted from meeting high-altitude requirements as provided in §86.090–8(h) or §86.094–9(h):

( 1 ) At a designated high-altitude location, unless such manufacturer has reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated high-altitude location; or

( 2 ) At a location other than a designated high-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated high-altitude location.

(B) When a light-duty vehicle or light-duty truck is exempted from meeting low-altitude requirements as provided in §86.094–8(i) or §86.094–9(i):

( 1 ) At a designated low-altitude location, unless such manufacturer has reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated low-altitude location; or

( 2 ) At a location other than a designated low-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated low-altitude location.

(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see §86.094–30.

(a)(4)(iv) introductory text [Reserved]. For guidance see §86.095–30.

(a)(4)(iv)(A)–(a)(9) [Reserved]. For guidance see §86.094–30.

(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-duty truck families which are included in a particulate averaging program, the manufacturer's production-weighted average of the particulate emission limits of all engine families in a participating class or classes shall not exceed the applicable diesel-cycle particulate standard, or the composite particulate standard defined in §86.090–2 as appropriate, at the end of the model year, as determined in accordance with this part. The certificate shall be void ab initio for those vehicles causing the production-weighted FEL to exceed the particulate standard.

(ii) For all heavy-duty diesel-cycle engines which are included in the particulate ABT programs under §86.098–15 or superseding ABT sections as applicable, the provisions of paragraphs (a)(10)(ii) (A)–(C) of this section apply.

(A) All certificates issued are conditional upon the manufacturer complying with the provisions of §86.098–15 or superseding ABT sections as applicable and the ABT related provisions of other applicable sections, both during and after the model year production.

(B) Failure to comply with all provisions of §86.098–15 or superseding ABT sections as applicable will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.

(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.

(11)(i) For light-duty truck families which are included in a NO_Xaveraging program, the manufacturer's production-weighted average of the NO_Xemission limits of all such engine families shall not exceed the applicable NO_Xemission standard, or the composite NO_Xemission standard defined in §86.088–2, as appropriate, at the end of the model year, as determined in accordance with this part. The certificate shall be void ab initio for those vehicles causing the production-weighted FEL to exceed the NO_Xstandard.

(ii) For all HDEs which are included in the NO_Xplus NMHC ABT programs contained in §86.098–15, or superseding ABT sections as applicable, the provisions of paragraphs (a)(11)(ii) (A)–(C) of this section apply.

(A) All certificates issued are conditional upon the manufacturer complying with the provisions of §86.098–15 or superseding ABT sections as applicable and the ABT related provisions of other applicable sections, both during and after the model year production.

(B) Failure to comply with all provisions of §86.098–15 or superseding ABT sections as applicable will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.

(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.

(a)(12) [Reserved]. For guidance see §86.094–30.

(a)(13) [Reserved]. For guidance see §86.095–30.

(a)(14) [Reserved]. For guidance see §86.094–30.

(a) (15)–(18) [Reserved]. For guidance see §86.096–30.

(a)(19) [Reserved]. For guidance see §86.098–30.

(a)(20) [Reserved]. For guidance see §86.001–30.

(a)(21) For all light-duty trucks certified to refueling emission standards under §86.004–9, the provisions of paragraphs (a)(21) (i)–(iii) of this section apply.

(i) All certificates issued are conditional upon the manufacturer complying with all provisions of §86.004–9 both during and after model year production.

(ii) Failure to meet the required implementation schedule sales percentages as specified in §86.004–9 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual vehicles sold in violation of the implementation schedule shall not be covered by the certificate.

(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.

(b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For guidance see §86.094–30.

(b)(1)(ii)(B) The emission data vehicle(s) selected under §86.001–24(b)(vii) (A) and (B) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling family.

(b)(1)(ii)(C) [Reserved]. For guidance see §86.094–30.

(b)(1)(ii)(D) The emission-data vehicle(s) selected under §86.098–24(b)(1)(viii) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling emission family, as applicable.

(b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see §86.094–30.

(b)(2) [Reserved]. For guidance see §86.098–30.

(b)(3)–(b)(4)(i) [Reserved]. For guidance see §86.094–30.

(b)(4)(ii) introductory text [Reserved]. For guidance see §86.098–30.

(b)(4)(ii)(A) [Reserved]. For guidance see §86.094–30.

(b)(4)(ii)(B)–(b)(4)(iv) [Reserved]. For guidance see §86.098–30.

(b)(5)–(e) [Reserved]. For guidance see §86.094–30.

(f) For engine families required to have an OBD system, certification will not be granted if, for any test vehicle approved by the Administrator in consultation with the manufacturer, the malfunction indicator light does not illuminate under any of the following circumstances, unless the manufacturer can demonstrate that any identified OBD problems discovered during the Administrator's evaluation will be corrected on production vehicles.

(1)(i) Otto-cycle. A catalyst is replaced with a deteriorated or defective catalyst, or an electronic simulation of such, resulting in an increase of 1.5 times the NMHC+NO_Xstandard or FEL above the NMHC+NO_Xemission level measured using a representative 4000 mile catalyst system.

(ii) Diesel. (A) If monitored for emissions performance—a catalyst is replaced with a deteriorated or defective catalyst, or an electronic simulation of such, resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC+NO_Xor PM.

(B) If monitored for performance—a particulate trap is replaced with a trap that has catastrophically failed, or an electronic simulation of such.

(2)(i) Otto-cycle. An engine misfire condition is induced resulting in exhaust emissions exceeding 1.5 times the applicable standards or FEL for NMHC+NO_Xor CO.

(ii) Diesel. An engine misfire condition is induced and is not detected.

(3) If so equipped, any oxygen sensor is replaced with a deteriorated or defective oxygen sensor, or an electronic simulation of such, resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC+NO_Xor CO.

(4) If so equipped, a vapor leak is introduced in the evaporative and/or refueling system (excluding the tubing and connections between the purge valve and the intake manifold) greater than or equal in magnitude to a leak caused by a 0.040 inch diameter orifice, or the evaporative purge air flow is blocked or otherwise eliminated from the complete evaporative emission control system.

(5) A malfunction condition is induced in any emission-related engine system or component, including but not necessarily limited to, the exhaust gas recirculation (EGR) system, if equipped, the secondary air system, if equipped, and the fuel control system, singularly resulting in exhaust emissions exceeding 1.5 times the applicable emission standard or FEL for NMHC+NO_X. CO or PM.

(6) A malfunction condition is induced in an electronic emission-related engine system or component not otherwise described above that either provides input to or receives commands from the on-board computer resulting in a measurable impact on emissions.

[59 FR 16287, Apr. 6, 1994, as amended at 62 FR 54727, Oct. 21, 1997; 65 FR 59948, Oct. 6, 2000]

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This section includes text that specifies requirements that differ from those specified in §86.096–38. Where a paragraph in §86.096–38 is identical and applicable to §86.004–38, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.096–38.”.

(a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in §86.099–8, §86.004–9, §86.004–10, or §86.004–11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of §86.004–25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary.

(1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language.

(2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions.

(b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under §86.004–25.

(c) Scheduled emission-related maintenance in addition to that performed under §86.004–25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under §86.004–25(b).

(d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by the Administrator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section: Provided, That such instructions clearly state, in a form approved by the Administrator, that the owner need not perform such inspections or recommended maintenance in order to maintain the emissions defect and emissions performance warranty or manufacturer recall liability.

(e) The manufacturer may choose to include in such instructions an explanation of any distinction between the useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the label represents the average period of use up to retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the average useful life may be included. The explanation(s) shall be in clear, non-technical language that is understandable to the ultimate purchaser.

(f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this section shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less.

(g) [Reserved]. For guidance see §86.096–38. For incorporation by reference see §§86.1 and 86.096–38.

(h) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor engine subject to the standards prescribed in §86.004–10 or §86.004–11, as applicable, the following:

(1) Instructions for all maintenance needed after the end of the useful life of the engine for critical emissions-related components as provided in §86.004–25(b), including recommended practices for diagnosis, cleaning, adjustment, repair, and replacement of the component (or a statement that such component is maintenance free for the life of the engine) and instructions for accessing and responding to any emissions-related diagnostic codes that may be stored in on-board monitoring systems;

(2) A copy of the engine rebuild provisions contained in §86.004–40.

[62 FR 54728, Oct. 21, 1997, as amended at 68 FR 38455, June 27, 2003]

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The provisions of this section are applicable to heavy-duty engines subject to model year 2004 or later standards and are applicable to the process of engine rebuilding (or rebuilding a portion of an engine or engine system). The process of engine rebuilding generally includes disassembly, replacement of multiple parts due to wear, and reassembly, and also may include the removal of the engine from the vehicle and other acts associated with rebuilding an engine. Any deviation from the provisions contained in this section is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).

(a) When rebuilding an engine, portions of an engine, or an engine system, there must be a reasonable technical basis for knowing that the resultant engine is equivalent, from an emissions standpoint, to a certified configuration (i.e., tolerances, calibrations, specifications) and the model year(s) of the resulting engine configuration must be identified. A reasonable basis would exist if:

(1) Parts installed, whether the parts are new, used, or rebuilt, are such that a person familiar with the design and function of motor vehicle engines would reasonably believe that the parts perform the same function with respect to emissions control as the original parts; and

(2) Any parameter adjustment or design element change is made only:

(i) In accordance with the original engine manufacturer's instructions; or

(ii) Where data or other reasonable technical basis exists that such parameter adjustment or design element change, when performed on the engine or similar engines, is not expected to adversely affect in-use emissions.

(b) When an engine is being rebuilt and remains installed or is reinstalled in the same vehicle, it must be rebuilt to a configuration of the same or later model year as the original engine. When an engine is being replaced, the replacement engine must be an engine of (or rebuilt to) a configuration of the same or later model year as the original engine.

(c) At time of rebuild, emissions-related codes or signals from on-board monitoring systems may not be erased or reset without diagnosing and responding appropriately to the diagnostic codes, regardless of whether the systems are installed to satisfy requirements in §86.004–25 or for other reasons and regardless of form or interface. Diagnostic systems must be free of all such codes when the rebuilt engine is returned to service. Such signals may not be rendered inoperative during the rebuilding process.

(d) When conducting a rebuild without removing the engine from the vehicle, or during the installation of a rebuilt engine, all critical emissions-related components listed in §86.004–25(b) not otherwise addressed by paragraphs (a) through (c) of this section must be checked and cleaned, adjusted, repaired, or replaced as necessary, following manufacturer recommended practices.

(e) Records shall be kept by parties conducting activities included in paragraphs (a) through (d) of this section. The records shall include at minimum the mileage and/or hours at time of rebuild, a listing of work performed on the engine and emissions-related control components including a listing of parts and components used, engine parameter adjustments, emissions-related codes or signals responded to and reset, and work performed under paragraph (d) of this section.

(1) Parties may keep records in whatever format or system they choose as long as the records are understandable to an EPA enforcement officer or can be otherwise provided to an EPA enforcement officer in an understandable format when requested.

(2) Parties are not required to keep records of information that is not reasonably available through normal business practices including information on activities not conducted by themselves or information that they cannot reasonably access.

(3) Parties may keep records of their rebuilding practices for an engine family rather than on each individual engine rebuilt in cases where those rebuild practices are followed routinely.

(4) Records must be kept for a minimum of two years after the engine is rebuilt.

[62 FR 54729, Oct. 21, 1997, as amended at 66 FR 5160, Jan. 18, 2001]

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Section 86.005–1 includes text that specifies requirements that differ from §86.001–1. Where a paragraph in §86.001–1 is identical and applicable to §86.005–1, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.001–1.”.

(a) Applicability. The provisions of this subpart generally apply to 2005 and later model year new Otto-cycle heavy-duty engines used in incomplete vehicles and vehicles above 14,000 pounds GVWR and 2005 and later model year new diesel-cycle heavy-duty engines. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section or paragraph. The provisions of this subpart continue to generally apply to 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty vehicles, 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty trucks, and 2004 and earlier model year new Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR. Provisions generally applicable to 2001 and later model year new Otto-cycle and diesel-cycle light-duty vehicles, 2001 and later model year new Otto-cycle and diesel-cycle light-duty trucks, and 2005 and later model year Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR are located in subpart S of this part.

(b) Optional applicability. (1) A manufacturer may request to certify any 2003 or 2004 model year heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions located in subpart S of this part. Heavy-duty engine or vehicle provisions of this subpart A do not apply to such a vehicle. This option is not available in the 2003 model year for manufacturers choosing Otto-cycle HDE option 1 in paragraph (c)(1) of this section, or in the 2004 model year for manufacturers choosing Otto-cycle HDE option 2 in paragraph (c)(2) of this section.

(2) For 2005 and later model years, a manufacturer may request to certify any incomplete Otto-cycle heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the provisions for Otto-cycle complete heavy-duty vehicles located in subpart S of this part. Heavy-duty engine or heavy-duty vehicle provisions of this subpart A do not apply to such a vehicle. This option is available starting with the 2003 model year to manufacturers choosing Otto-cycle HDE option 1 in paragraph (c)(1) of this section. This option is available starting with the 2004 model year to manufacturers choosing Otto-cycle HDE option 2 in paragraph (c)(1) of this section.

(c) Otto-cycle heavy-duty engines and vehicles. The manufacturer must select one of the three options for Otto-cycle heavy-duty engines and vehicles in paragraphs (c)(1) through (c)(3) of this section. The emission standards and other requirements that apply under a given option shall apply to all Otto-cycle heavy-duty engines and vehicles certified by the manufacturer ( e.g., a manufacturer may not select one option for certain engine families and the other option for other engine families). The requirements under each option shall remain effective, once selected, for subsequent model years, until superceded or otherwise revised by the Administrator ( e.g., a manufacturer may not select one option prior to the 2004 model year and change to another option in the 2006 model year). The complete requirements under each option are contained in subparts A and S of this part.

(1) Otto-cycle HDE Option 1. The following requirements apply to Otto-cycle heavy-duty engines and vehicles certified by manufacturers selecting this option:

(i) Emission standards for 2003 and later model year Otto-cycle heavy-duty engines, according to the provisions of §86.005–10(f)(1).

(ii) Emission standards for 2003 and later model year Otto-cycle complete heavy-duty vehicles, according to the provisions of §86.1816–05, except that, for 2003 through 2006 model year Otto-cycle complete heavy-duty vehicles, manufacturers may optionally comply with the standards in either 86.005–10 or 86.1816–05.

(iii) Averaging, banking, and trading provisions that allow transfer of credits between a manufacturer's complete vehicle averaging set and their heavy-duty Otto-cycle engine averaging set, according to the provisions of §86.1817–05(o).

(iv) On-board diagnostics requirements effective starting with the 2004 model year for Otto-cycle engines and complete vehicles, according to the provisions of §§86.005–17 and 86.1806–05.

(v) Refueling emissions requirements effective starting with the 2004 model year for Otto-cycle complete vehicles, according to the provisions of §§86.1810–01 and 86.1816–05.

(2) Otto-cycle HDE Option 2. The following requirements apply to Otto-cycle heavy-duty engines and vehicles certified by manufacturers selecting this option:

(i) Emission standards for 2004 and later model year Otto-cycle heavy-duty engines, according to the provisions of §86.005–10(f)(2).

(ii) Emission standards for 2004 and later model year Otto-cycle complete heavy-duty vehicles, according to the provisions of §86.1816–05.

(iii) Averaging, banking, and trading provisions that allow transfer of credits between a manufacturer's complete vehicle averaging set and their heavy-duty Otto-cycle engine averaging set, according to the provisions of §86.1817–05(o).

(iv) On-board diagnostics requirements effective starting with the 2004 model year for Otto-cycle engines and complete vehicles, according to the provisions of §§86.005–17 and 86.1806–05.

(v) Refueling emissions requirements effective starting with the 2004 model year for Otto-cycle complete vehicles, according to the provisions of §§86.1810–01 and 86.1816–05.

(3) Otto-cycle HDE Option 3. The following requirements apply to Otto-cycle heavy-duty engines and vehicles certified by manufacturers that do not select one of the options for 2003 or 2004 model year compliance in paragraph (c)(1) or (c)(2) of this section:

(i) Emission standards for 2005 and later model year Otto-cycle heavy-duty engines, according to the provisions of §86.005–10.

(ii) Emission standards for 2005 and later model year Otto-cycle complete heavy-duty vehicles, according to the provisions of §86.1816–05.

(iii) On-board diagnostics requirements effective starting with the 2005 model year for Otto-cycle engines and complete vehicles, according to the provisions of §§86.005–17 and 86.1806–05.

(iv) Refueling emissions requirements effective starting with the 2005 model year for Otto-cycle complete vehicles, according to the provisions of §§86.1810–01 and 86.1816–05.

(v) Manufacturers selecting this option may exempt 2005 model year Otto-cycle heavy-duty engines and vehicles whose model year commences before July 31, 2004 from the requirements in paragraphs (c)(3)(i) through (iv) of this section.

(vi) For 2005 model year engines or vehicles exempted under paragraph (c)(3)(v) of this section, a manufacturer shall certify such Otto-cycle heavy-duty engines and vehicles to all requirements in this subpart applicable to 2004 model year Otto-cycle heavy-duty engines. The averaging, banking, and trading provisions contained in §86.000–15 remain effective for these engines.

(d) [Reserved]

(e)–(f) [Reserved]. For guidance see §86.001–1.

[65 FR 59949, Oct. 6, 2000]

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Section 86.005–10 includes text that specifies requirements that differ from §86.098–10 or §86.099–10. Where a paragraph in §86.098–10 or §86.099–10 is identical and applicable to §86.005–10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.098–10.” or “[Reserved]. For guidance see §86.099–10.”.

(a)(1) Exhaust emissions from new 2005 and later model year Otto-cycle HDEs, except for Otto-cycle HDEs subject to the alternative standards in paragraph (f) of this section, shall not exceed:

(i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO X + 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 (NO X + NMHCE) for engines fueled with methanol. 1.0 grams per brake horsepower-hour (0.37 grams per megajoule).

(C) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in §86.098–15. If the manufacturer elects to include engine families in any of these programs, the NO_Xplus NMHC (or NO_Xplus NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour (1.7 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs.

(ii)(A) Carbon monoxide for engines intended for use in all vehicles, except as provided in paragraph (a)(3) of this section. 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions.

(B) Carbon monoxide for engines intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds. 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions.

(C) Idle carbon monoxide. For all Otto-cycle HDEs utilizing aftertreatment technology, and not certified to the onboard diagnostics requirements of §86.005–17: 0.50 percent of exhaust gas flow at curb idle.

(2) The standards set forth in paragraphs (a)(1) and (f) 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)(i) A manufacturer may certify one or more Otto-cycle HDE configurations intended for use in all vehicles to the emission standard set forth in paragraph (a)(1)(ii)(B) of this section: Provided, that the total model year sales of such configuration(s), segregated by fuel type, being certified to the emission standard in paragraph (a)(1)(ii)(B) of this section represent no more than five percent of total model year sales of each fuel type Otto-cycle HDE intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.

(ii) The configurations certified to the emission standards of paragraph (a)(1)(ii)(B) of this section under the provisions of paragraph (a)(3)(i) of this section shall still be required to meet the evaporative emission standards set forth in §86.099–10(b)(1)(i), (b)(2)(i) and (b)(3)(i).

(4) The manufacturer may exempt 2005 model year HDE engine families whose model year begins before July, 31, 2004 from the requirements in this paragraph (a). Exempted engine families shall be subject to the requirements in §86.099–10.

(5) For certification purposes, where the applicable California evaporative emission standard is as stringent or more stringent than the applicable federal evaporative emission standard, the Administrator may accept California certification test data indicating compliance with the California standard to demonstrate compliance with the appropriate federal certification evaporative emission standard. The Administrator may require the manufacturer to provide comparative test data which clearly demonstrates that a vehicle meeting the California evaporative standard (when tested under California test conditions/test procedures) will also meet the appropriate federal evaporative emission standard when tested under federal test conditions/test procedures described in this Part 86.

(b) [Reserved]. For guidance see §86.099–10.

(c) [Reserved]. For guidance see §86.098–10.

(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 §86.099–10.

(f) Alternative exhaust emission standards. In lieu of the exhaust emission standards in paragraph (a)(1)(i)(A) or (B) of this section, the manufacturer may select the standards and provisions in either paragraph (f)(1) or (f)(2) of this section.

(1) Otto-cycle HDE Option 1. The alternative exhaust emission standards in this paragraph (f)(1) shall apply to new 2003 through 2007 model year Otto-cycle HDEs and, at the manufacturers option, to new 2003 through 2006 model year Otto-cycle complete heavy-duty vehicles less than or equal to 14,000 pounds GVWR

(i) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO X + NMHC) for engines fueled with either gasoline, natural gas, or liquefied petroleum gas. 1.5 grams per brake horsepower-hour (0.55 grams per megajoule).

(ii) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO X + NMHCE) for engines fueled with methanol. 1.5 grams per brake horsepower-hour (0.55 grams per megajoule).

(2) Otto-cycle HDE Option 2. The alternative exhaust emission standards in this paragraph (f)(2) shall apply to new 2004 through 2007 model year Otto-cycle HDEs.

(i) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO, X + NMHC) for engines fueled with either gasoline, natural gas, or liquefied petroleum gas. 1.5 grams per brake horsepower-hour (0.55 grams per megajoule).

(ii) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO X + NMHCE) for engines fueled with methanol. 1.5 grams per brake horsepower-hour (0.55 grams per megajoule).

[65 FR 59950, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001; 70 FR 72927, Dec. 8, 2005]

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(a) General. (1) All heavy-duty engines intended for use in a heavy-duty vehicle weighing 14,000 pounds GVWR or less must be equipped with an on-board diagnostic (OBD) system capable of monitoring all emission-related engine systems or components during the applicable useful life. Heavy-duty engines intended for use in a heavy-duty vehicle weighing 14,000 pounds GVWR or less must meet the OBD requirements of this section according to the phase-in schedule in paragraph (k) of this section. All monitored systems and components must be evaluated periodically, but no less frequently than once per applicable certification test cycle as defined in Appendix I, paragraph (f), of this part, or similar trip as approved by the Administrator.

(2) An OBD system demonstrated to fully meet the requirements in §86.1806–05 may be used to meet the requirements of this section, provided that the Administrator finds that a manufacturer's decision to use the flexibility in this paragraph (a)(2) is based on good engineering judgement.

(b) Malfunction descriptions. The OBD system must detect and identify malfunctions in all monitored emission-related engine systems or components according to the following malfunction definitions as measured and calculated in accordance with test procedures set forth in subpart N of this part (engine-based test procedures) excluding the test procedure referred to as the “Supplemental emission test; test cycle and procedures” contained in §86.1360, and excluding the test procedure referred to as the “Not-To-Exceed Test Procedure” contained in §86.1370, and excluding the test procedure referred to as the “Load Response Test” contained in §86.1380.

(1) Catalysts and particulate traps. (i) Otto-cycle. Catalyst deterioration or malfunction before it results in an increase in NMHC (or NO_X+NMHC, as applicable) emissions 1.5 times the NMHC (or NO_X+NMHC, as applicable) standard or FEL, as compared to the NMHC (or NO_X+NMHC, as applicable) emission level measured using a representative 4000 mile catalyst system.

(ii) Diesel. (A) If equipped, catalyst deterioration or malfunction before it results in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NO_X(or NO_X+NMHC, as applicable) or PM. This requirement applies only to reduction catalysts; monitoring of oxidation catalysts is not required. This monitoring need not be done if the manufacturer can demonstrate that deterioration or malfunction of the system will not result in exceedance of the threshold.

(B) If equipped with a particulate trap, catastrophic failure of the device must be detected. Any particulate trap whose complete failure results in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC (or NO_X+NMHC, as applicable) or PM must be monitored for such catastrophic failure. This monitoring need not be done if the manufacturer can demonstrate that a catastrophic failure of the system will not result in exceedance of the threshold.

(2) Engine misfire. (i) Otto-cycle. Engine misfire resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC, NO_X(or NO_X+NMHC, as applicable) or CO; and any misfire capable of damaging the catalytic converter.

(ii) Diesel. Lack of cylinder combustion must be detected.

(3) Oxygen sensors. If equipped, oxygen sensor deterioration or malfunction resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC, NO_X(or NO_X+NMHC, as applicable) or CO.

(4) Evaporative leaks. If equipped, any vapor leak in the evaporative and/or refueling system (excluding the tubing and connections between the purge valve and the intake manifold) greater than or equal in magnitude to a leak caused by a 0.040 inch diameter orifice; an absence of evaporative purge air flow from the complete evaporative emission control system. Where fuel tank capacity is greater than 25 gallons, the Administrator may, following a request from the manufacturer, revise the size of the orifice to the smallest orifice feasible, based on test data, if the most reliable monitoring method available cannot reliably detect a system leak equal to a 0.040 inch diameter orifice.

(5) Other emission control systems. Any deterioration or malfunction occurring in an engine system or component directly intended to control emissions, including but not necessarily limited to, the exhaust gas recirculation (EGR) system, if equipped, the secondary air system, if equipped, and the fuel control system, singularly resulting in exhaust emissions exceeding 1.5 times the applicable emission standard or FEL for NMHC, NO_X(or NO_X+NMHC, as applicable), CO or diesel PM. For engines equipped with a secondary air system, a functional check, as described in paragraph (b)(6) of this section, may satisfy the requirements of this paragraph (b)(5) provided the manufacturer can demonstrate that deterioration of the flow distribution system is unlikely. This demonstration is subject to Administrator approval and, if the demonstration and associated functional check are approved, the diagnostic system must indicate a malfunction when some degree of secondary airflow is not detectable in the exhaust system during the check. For engines equipped with positive crankcase ventilation (PCV), monitoring of the PCV system is not necessary provided the manufacturer can demonstrate to the Administrator's satisfaction that the PCV system is unlikely to fail.

(6) Other emission-related engine components. Any other deterioration or malfunction occurring in an electronic emission-related engine system or component not otherwise described above that either provides input to or receives commands from the on-board computer and has a measurable impact on emissions; monitoring of components required by this paragraph (b)(6) must be satisfied by employing electrical circuit continuity checks and rationality checks for computer input components (input values within manufacturer specified ranges based on other available operating parameters), and functionality checks for computer output components (proper functional response to computer commands) except that the Administrator may waive such a rationality or functionality check where the manufacturer has demonstrated infeasibility. Malfunctions are defined as a failure of the system or component to meet the electrical circuit continuity checks or the rationality or functionality checks.

(7) Performance of OBD functions. Oxygen sensor or any other component deterioration or malfunction which renders that sensor or component incapable of performing its function as part of the OBD system must be detected and identified on vehicles so equipped.

(c) Malfunction indicator light (MIL). The OBD system must incorporate a malfunction indicator light (MIL) readily visible to the vehicle operator. When illuminated, the MIL must display “Check Engine,” “Service Engine Soon,” a universally recognizable engine symbol, or a similar phrase or symbol approved by the Administrator. More than one general purpose malfunction indicator light for emission-related problems should not be used; separate specific purpose warning lights ( e.g., brake system, fasten seat belt, oil pressure, etc.) are permitted. The use of red for the OBD-related malfunction indicator light is prohibited.

(d) MIL illumination. The MIL must illuminate and remain illuminated when any of the conditions specified in paragraph (b) of this section are detected and verified, or whenever the engine control enters a default or secondary mode of operation considered abnormal for the given engine operating conditions. The MIL must blink once per second under any period of operation during which engine misfire is occurring and catalyst damage is imminent. If such misfire is detected again during the following driving cycle ( i.e., operation consisting of, at a minimum, engine start-up and engine shut-off) or the next driving cycle in which similar conditions are encountered, the MIL must maintain a steady illumination when the misfire is not occurring and then remain illuminated until the MIL extinguishing criteria of this section are satisfied. The MIL must also illuminate when the vehicle's ignition is in the “key-on” position before engine starting or cranking and extinguish after engine starting if no malfunction has previously been detected. If a fuel system or engine misfire malfunction has previously been detected, the MIL may be extinguished if the malfunction does not reoccur during three subsequent sequential trips during which similar conditions are encountered and no new malfunctions have been detected. Similar conditions are defined as engine speed within 375 rpm, engine load within 20 percent, and engine warm-up status equivalent to that under which the malfunction was first detected. If any malfunction other than a fuel system or engine misfire malfunction has been detected, the MIL may be extinguished if the malfunction does not reoccur during three subsequent sequential trips during which the monitoring system responsible for illuminating the MIL functions without detecting the malfunction, and no new malfunctions have been detected. Upon Administrator approval, statistical MIL illumination protocols may be employed, provided they result in comparable timeliness in detecting a malfunction and evaluating system performance, i.e., three to six driving cycles would be considered acceptable.

(e) Storing of computer codes. The OBD system shall record and store in computer memory diagnostic trouble codes and diagnostic readiness codes indicating the status of the emission control system. These codes shall be available through the standardized data link connector per specifications as referenced in paragraph (h) of this section.

(1) A diagnostic trouble code must be stored for any detected and verified malfunction causing MIL illumination. The stored diagnostic trouble code must identify the malfunctioning system or component as uniquely as possible. At the manufacturer's discretion, a diagnostic trouble code may be stored for conditions not causing MIL illumination. Regardless, a separate code should be stored indicating the expected MIL illumination status ( i.e., MIL commanded “ON,” MIL commanded “OFF”).

(2) For a single misfiring cylinder, the diagnostic trouble code(s) must uniquely identify the cylinder, unless the manufacturer submits data and/or engineering evaluations which adequately demonstrate that the misfiring cylinder cannot be reliably identified under certain operating conditions. For diesel engines only, the specific cylinder for which combustion cannot be detected need not be identified if new hardware would be required to do so. The diagnostic trouble code must identify multiple misfiring cylinder conditions; under multiple misfire conditions, the misfiring cylinders need not be uniquely identified if a distinct multiple misfire diagnostic trouble code is stored.

(3) The diagnostic system may erase a diagnostic trouble code if the same code is not re-registered in at least 40 engine warm-up cycles, and the malfunction indicator light is not illuminated for that code.

(4) Separate status codes, or readiness codes, must be stored in computer memory to identify correctly functioning emission control systems and those emission control systems which require further engine operation to complete proper diagnostic evaluation. A readiness code need not be stored for those monitors that can be considered continuously operating monitors ( e.g., misfire monitor, fuel system monitor, etc.). Readiness codes should never be set to “not ready” status upon key-on or key-off; intentional setting of readiness codes to “not ready” status via service procedures must apply to all such codes, rather than applying to individual codes. Subject to Administrator approval, if monitoring is disabled for a multiple number of driving cycles ( i.e., more than one) due to the continued presence of extreme operating conditions ( e.g., ambient temperatures below 40 °F, or altitudes above 8000 feet), readiness for the subject monitoring system may be set to “ready” status without monitoring having been completed. Administrator approval shall be based on the conditions for monitoring system disablement, and the number of driving cycles specified without completion of monitoring before readiness is indicated.

(f) Available diagnostic data. (1) Upon determination of the first malfunction of any component or system, “freeze frame” engine conditions present at the time must be stored in computer memory. Should a subsequent fuel system or misfire malfunction occur, any previously stored freeze frame conditions must be replaced by the fuel system or misfire conditions (whichever occurs first). Stored engine conditions must include, but are not limited to: engine speed, open or closed loop operation, fuel system commands, coolant temperature, calculated load value, fuel pressure, vehicle speed, air flow rate, and intake manifold pressure if the information needed to determine these conditions is available to the computer. For freeze frame storage, the manufacturer must include the most appropriate set of conditions to facilitate effective repairs. If the diagnostic trouble code causing the conditions to be stored is erased in accordance with paragraph (d) of this section, the stored engine conditions may also be erased.

(2) The following data in addition to the required freeze frame information must be made available on demand through the serial port on the standardized data link connector, if the information is available to the on-board computer or can be determined using information available to the on-board computer: Diagnostic trouble codes, engine coolant temperature, fuel control system status (closed loop, open loop, other), fuel trim, ignition timing advance, intake air temperature, manifold air pressure, air flow rate, engine RPM, throttle position sensor output value, secondary air status (upstream, downstream, or atmosphere), calculated load value, vehicle speed, and fuel pressure. The signals must be provided in standard units based on SAE specifications incorporated by reference in paragraph (h) of this section. Actual signals must be clearly identified separately from default value or limp home signals.

(3) For all OBD systems for which specific on-board evaluation tests are conducted (catalyst, oxygen sensor, etc.), the results of the most recent test performed by the vehicle, and the limits to which the system is compared must be available through the standardized data link connector per the appropriate standardized specifications as referenced in paragraph (h) of this section.

(4) Access to the data required to be made available under this section shall be unrestricted and shall not require any access codes or devices that are only available from the manufacturer.

(g) Exceptions. The OBD system is not required to evaluate systems or components during malfunction conditions if such evaluation would result in a risk to safety or failure of systems or components. Additionally, the OBD system is not required to evaluate systems or components during operation of a power take-off unit such as a dump bed, snow plow blade, or aerial bucket, etc.

(h) Reference materials. The OBD system shall provide for standardized access and conform with the following Society of Automotive Engineers (SAE) standards and/or the following International Standards Organization (ISO) standards. The following documents are incorporated by reference, see §86.1:

(1) SAE material. Copies of these materials may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096–0001.

(i) SAE J1850 “Class B Data Communication Network Interface,” (Revised, May 2001) shall be used as the on-board to off-board communications protocol. All emission related messages sent to the scan tool over a J1850 data link shall use the Cyclic Redundancy Check and the three byte header, and shall not use inter-byte separation or check sums.

(ii) Basic diagnostic data (as specified in §86.094–17(e) and (f)) shall be provided in the format and units in SAE J1979 “E/E Diagnostic Test Modes—Equivalent to ISO/DIS 15031–5: April 30, 2002”, (Revised, April 2002).

(iii) Diagnostic trouble codes shall be consistent with SAE J2012 “Diagnostic Trouble Code Definitions—Equivalent to ISO/DIS 15031–6: April 30, 2002”, (Revised, April 2002).

(iv) The connection interface between the OBD system and test equipment and diagnostic tools shall meet the functional requirements of SAE J1962 “Diagnostic Connector—Equivalent to ISO/DIS 15031–3: December 14, 2001” (Revised, April 2002).

(v) All acronyms, definitions and abbreviations shall be formatted according to SAE J1930 “Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms” Equivalent to ISO/TR 15031–2: April 30, 2002”, (Revised, April 2002).

(vi) All equipment used to interface, extract and display OBD-related information shall meet SAE J1978 “OBD II Scan Tool” Equivalent to ISO 15031–4: December 14, 2001”, (Revised, April 2002).

(vii) As an alternative to the above standards, heavy-duty vehicles may conform to the specifications of the SAE J1939 series of standards (SAE J1939–11, J1939–13, J1939–21, J1939–31, J1939–71, J1939–73, J1939–81).

(2) ISO materials. Copies of these materials may be obtained from the International Organization for Standardization, Case Postale 56, CH–1211 Geneva 20, Switzerland.

(i) ISO 9141–2 “Road vehicles—Diagnostic systems—Part 2: CARB requirements for interchange of digital information,” (February 1, 1994) may be used as an alternative to SAE J1850 as the on-board to off-board communications protocol.

(ii) ISO 14230–4:2000(E) “Road vehicles—Diagnostic systems—KWP 2000 requirements for Emission-related systems”, (June 1, 2000) may also be used as an alternative to SAE J1850.

(iii) ISO 15765–4.3:2001 “Road Vehicles-Diagnostics on Controller Area Network (CAN)—Part 4: Requirements for emission-related systems”, (December 14, 2001) may also be used as an alternative to SAE J1850.

(3) Beginning with the 2008 model year and beyond, ISO 15765–4.3:2001 “Road Vehicles-Diagnostics on Controller Area Network (CAN)—Part 4: Requirements for emission-related systems”, (December 14, 2001) shall be the only acceptable protocol used for standardized on-board to off-board communications for vehicles below 8500 pounds. For vehicles 8500 to 14000 pounds ISO 15765–4.3 or the SAE J1939 series of standards (SAE J1939–11, J1939–13, J1939–21, J1939–31, J1939–71, J1939–73, J1939–81). All other standardized on-board to off-board communications protocols: SAE J1850 “Class B Data Communication Network Interface,” (Revised, May 2001) in (h)(1)(i), ISO 9141–2 “Road vehicles—Diagnostic systems—Part 2: CARB requirements for interchange of digital information,” (February 1, 1994) in (h)(2)(i), and ISO 14230–4 “Road vehicles—Diagnostic systems—KWP 2000 requirements for Emission-related systems”, (June 1, 2000) in paragraph (h)(2)(ii) of this section will at that time no longer be accepted.

(i) Deficiencies and alternate fueled engines. Upon application by the manufacturer, the Administrator may accept an OBD system as compliant even though specific requirements are not fully met. Such compliances without meeting specific requirements, or deficiencies, will be granted only if compliance would be infeasible or unreasonable considering such factors as, but not limited to: technical feasibility of the given monitor and lead time and production cycles including phase-in or phase-out of engines or vehicle designs and programmed upgrades of computers. Unmet requirements should not be carried over from the previous model year except where unreasonable hardware or software modifications would be necessary to correct the deficiency, and the manufacturer has demonstrated an acceptable level of effort toward compliance as determined by the Administrator. Furthermore, EPA will not accept any deficiency requests that include the complete lack of a major diagnostic monitor (“major” diagnostic monitors being those for exhaust aftertreatment devices, oxygen sensor, engine misfire, evaporative leaks, and diesel EGR, if equipped), with the possible exception of the special provisions for alternate fueled engines. For alternate fueled heavy-duty engines ( e.g. natural gas, liquefied petroleum gas, methanol, ethanol), beginning with the model year for which alternate fuel emission standards are applicable and extending through the 2006 model year, manufacturers may request the Administrator to waive specific monitoring requirements of this section for which monitoring may not be reliable with respect to the use of the alternate fuel. At a minimum, alternate fuel engines must be equipped with an OBD system meeting OBD requirements to the extent feasible as approved by the Administrator.

(j) California OBDII compliance option. For heavy-duty engines weighing 14,000 pounds GVWR or less, demonstration of compliance with California OBD II requirements (Title 13 California Code of Regulations §1968.2 (13 CCR 1968.2)), as modified, approved and filed on April 21, 2003, shall satisfy the requirements of this section, except that compliance with 13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering protection, are not required to satisfy the requirements of this section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not apply. The deficiency provisions of paragraph (i) of this section and the evaporative leak detection requirement of paragraph (b)(4) of this section apply to manufacturers selecting this paragraph for demonstrating compliance. In addition, demonstration of compliance with 13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the verification of proper alignment between the camshaft and crankshaft, applies only to vehicles equipped with variable valve timing.

(k) Phase-in for heavy-duty engines. Manufacturers of heavy-duty engines must comply with the OBD requirements in this section according to the following phase-in schedule, based on the percentage of projected engine sales within each category. The 2004 model year requirements in the following phase-in schedule are applicable only to heavy-duty Otto-cycle engines where the manufacturer has selected Otto-cycle Option 1 or Option 2 for alternative 2004 compliance according to §86.005–01(c)(1) or (2). The 2005 through 2007 requirements in the following phase-in schedule apply to all heavy-duty engines intended for use in a heavy-duty vehicle weighing 14,000 pounds GVWR or less. Manufacturers may exempt 2005 model year diesel heavy-duty engines from the requirements of this section if the 2005 model year commences before July 31, 2004 from the requirements of this section. Manufacturers may exempt 2005 model year Otto-cycle heavy-duty engines and vehicles from the requirements of this section if the manufacturer has selected Otto-cycle Option 3 and if the 2005 model year commences before July 31, 2004. For the purposes of calculating compliance with the phase-in provisions of this paragraph (k), heavy-duty engines may be combined with heavy-duty vehicles subject to the phase-in requirements of paragraph §86.1806–05(l). The OBD Compliance phase-in table follows:

[65 FR 59951, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001; 70 FR 75410, Dec. 20, 2005]

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This section applies to new 2007 and later model year diesel HDEs. Section 86.007–11 includes text that specifies requirements that differ from §86.004–11. Where a paragraph in §86.004–11 is identical and applicable to §86.007–11, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.004–11.”.

(a)(1) Exhaust emissions from new 2007 and later model year diesel HDEs shall not exceed the following:

(i) Oxides of Nitrogen (NO _X ). (A) 0.20 grams per brake horsepower-hour (0.075 grams per megajoule).

(B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NO_Xand NO_Xplus NMHC emissions ABT programs for HDEs, within the restrictions described in §86.007–15 or §86.004–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years before 2010; 0.50 grams per brake horsepower-hour (0.19 grams per megajoule) for model years 2010 and later. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs.

(ii)(A) Non-Methane Hydrocarbons (NMHC) for engines fueled with either diesel fuel, natural gas, or liquefied petroleum gas. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule).

(B) Non-Methane Hydrocarbon Equivalent (NMHCE) for engines fueled with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule).

(iii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour (5.77 grams per megajoule).

(B) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel HDEs only). This does not apply for vehicles certified to the requirements of §86.005–17

(iv) Particulate. (A) 0.01 grams per brake horsepower-hour (0.0037 grams per megajoule).

(B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in §86.007–15 or other applicable sections. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed 0.02 grams per brake horsepower-hour (0.0075 grams per megajoule).

(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the duty cycle specified in paragraphs (a)(2)(i) through (iii) of this section, where exhaust emissions are measured and calculated as specified in paragraphs (a)(2)(iv) and (v) of this section in accordance with the procedures set forth in subpart N of this part, except as noted in §86.007–23(c)(2):

(i) Perform the test interval set forth in paragraph (f)(2) of Appendix I of this part with a cold-start according to 40 CFR part 1065, subpart F. This is the cold-start test interval.

(ii) Shut down the engine after completing the test interval and allow 20 minutes to elapse. This is the hot-soak.

(iii) Repeat the test interval. This is the hot-start test interval.

(iv) Calculate the total emission mass of each constituent, m, and the total work, W, over each test interval according to 40 CFR 1065.650.

(v) Determine your engine's brake-specific emissions using the following calculation, which weights the emissions from the cold-start and hot-start test intervals:

(3) SET (i) Exhaust emissions, as determined under §86.1360–2007(b) pertaining to the supplemental emission test cycle, for each regulated pollutant shall not exceed 1.0 times the applicable emission standards or FELs specified in paragraph (a)(1) of this section.

(ii) For engines not having a NO_XFEL less than1.5 g/bhp-hr, gaseous exhaust emissions shall not exceed the steady-state interpolated values determined by the Maximum Allowable Emission Limits (for the corresponding speed and load), as determined under §86.1360–2007(f), when the engine is operated in the steady-state control area defined under §86.1360–2007(d).

(4) NTE (i)(A) The brake-specific exhaust NMHC or NO_Xemissions in g/bhp-hr, as determined under §86.1370–2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.5 times the applicable NMHC or NO_Xemission standards or FELs specified in paragraph (a)(1) of this section, during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section.

(B) For engines not having a NO_XFEL less than1.50 g/bhp-hr, the brake-specific NO_Xand NMHC exhaust emissions in g/bhp-hr, as determined under §86.1370–2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.25 times the applicable emission standards or FELs specified in paragraph (a)(1) of this section (or of §86.004–11, as allowed by paragraph (g) of this section), during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section.

(C) The brake-specific exhaust PM emissions in g/bhp-hr, as determined under §86.1370–2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.5 times the applicable PM emission standards or FEL (for FELs above the standard only) specified in paragraph (a)(1) of this section, during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section.

(D) The brake-specific exhaust CO emissions in g/bhp-hr, as determined under §86.1370–2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.25 times the applicable CO emission standards or FEL specified in paragraph (a)(1) of this section, during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section.

(ii) For each engine family, the not-to-exceed emission limits must apply during one of the following two ambient operating regions:

(A) The not-to-exceed limits apply for all altitudes less than or equal to 5,500 feet above sea-level, during all ambient conditions (temperature and humidity). Temperature and humidity ranges for which correction factors are allowed are specified in §86.1370–2007(e); or

(B)( 1 ) The not-to-exceed emission limits apply at all altitudes less than or equal to 5,500 feet above sea-level, for temperatures less than or equal to the temperature determined by the following equation at the specified altitude:

T = −0.00254 × A + 100

Where:

T = ambient air temperature in degrees Fahrenheit.

A = altitude in feet above sea-level (A is negative for altitudes below sea-level).

( 2 ) Temperature and humidity ranges for which correction factors are allowed are specified in §86.1370–2007(e);

(iii) For engines equipped with exhaust gas recirculation, the not-to-exceed emission limits specified in paragraph (a)(4)(i) of this section do not apply to engine or vehicle operation during cold operating conditions as specified in §86.1370–2007(f).

(iv) Deficiencies for NTE emission standards. (A) For model years 2007 through 2009, upon application by the manufacturer, the Administrator may accept a HDDE as compliant with the NTE standards even though specific requirements are not fully met. Such compliances without meeting specific requirements, or deficiencies, will be granted only if compliance would be infeasible or unreasonable considering such factors as, but not limited to: Technical feasibility of the given hardware and lead time and production cycles including phase-in or phase-out of engines or vehicle designs and programmed upgrades of computers. Deficiencies will be approved on an engine model and/or horsepower rating basis within an engine family, and each approval is applicable for a single model year. A manufacturer's application must include a description of the auxiliary emission control device(s) which will be used to maintain emissions to the lowest practical level, considering the deficiency being requested, if applicable. An application for a deficiency must be made during the certification process; no deficiency will be granted to retroactively cover engines already certified.

(B) Unmet requirements should not be carried over from the previous model year except where unreasonable hardware or software modifications would be necessary to correct the deficiency, and the manufacturer has demonstrated an acceptable level of effort toward compliance as determined by the Administrator. The NTE deficiency should only be seen as an allowance for minor deviations from the NTE requirements. The NTE deficiency provisions allow a manufacturer to apply for relief from the NTE emission requirements under limited conditions. EPA expects that manufacturers should have the necessary functioning emission control hardware in place to comply with the NTE.

(C) For model years 2010 through 2013, the Administrator may allow up to three deficiencies per engine family. The provisions of paragraphs (a)(4)(iv)(A) and (B) of this section apply for deficiencies allowed by this paragraph (a)(4)(iv)(C). In determining whether to allow the additional deficiencies, the Administrator may consider any relevant factors, including the factors identified in paragraph (a)(4)(iv)(A) of this section. If additional deficiencies are approved, the Administrator may set any additional conditions that he/she determines to be appropriate.

(v) The emission limits specified in paragraphs (a)(3) and (a)(4) of this section shall be rounded to the same number of significant figures as the applicable standards in paragraph (a)(1) of this section using ASTM E29–93a (Incorporated by reference at §86.1).

(vi) Manufacturers are not required to provide engine information exclusively related to in-use testing as part of initial certification. However, upon request from EPA the manufacturers must provide the information which clearly identifies parameters defining all NTE deficiencies described under paragraph (a)(4)(iv) of this section and parameters defining all NTE limited testing regions described under §86.1370–2007(b)(6) and (7) that are requested. When requested, deficiencies and limited testing regions must be reported for all engine families and power ratings in English with sufficient detail for us to determine if a particular deficiency or limited testing region will be encountered in the emission test data from the portable emission-sampling equipment and field-testing procedures referenced in §86.1375. Such information is to be provided within 60 days of the request from EPA.

(b)(1) introductory text through (b)(1)(iii) [Reserved]. For guidance see §86.004–11.

(b)(1)(iv) Operation within the NTE zone (defined in §86.1370–2007) must comply with a filter smoke number of 1.0 under steady-state operation, or the following alternate opacity limits:

(A) A 30 second transient test average opacity limit of 4% for a 5 inch path; and

(B) A 10 second steady state test average opacity limit of 4% for a 5 inch path.

(2)(i) The standards set forth in §86.004–11 (b)(1)(i)–(iii) refer to exhaust smoke emissions generated under the conditions set forth in subpart I of this part and measured and calculated in accordance with those procedures.

(ii) The standards set forth in paragraph (b)(1)(iv) of this section refer to exhaust smoke emissions generated under the conditions set forth in §86.1370–2007 and calculated in accordance with the procedures set forth in §86.1372–2007.

(b)(3) and (b)(4) [Reserved]. For guidance see §86.004–11.

(c) No crankcase emissions shall be discharged directly into the ambient atmosphere from any new 2007 or later model year diesel HDE, with the following exception: HDEs equipped with turbochargers, pumps, blowers, or superchargers for air induction may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. Manufacturers taking advantage of this exception must manufacture the engines so that all crankcase emission can be routed into a dilution tunnel (or other sampling system approved in advance by the Administrator), and must account for deterioration in crankcase emissions when determining exhaust deterioration factors. For the purpose of this paragraph (c), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be “discharged directly into the ambient atmosphere.”

(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 I or N of this part to ascertain that such test engines meet the requirements of paragraphs (a), (b), (c), and (d) of this section.

(e) [Reserved]. For guidance see §86.004–11.

(f) (1) Model year 2007 and later diesel-fueled heavy-duty engines and vehicles for sale in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be subject to the same standards and requirements as apply to 2006 model year diesel heavy-duty engines and vehicles, but only if the vehicle or engine bears a permanently affixed label stating:

THIS ENGINE (or VEHICLE, as applicable) CONFORMS TO US EPA EMISSION STANDARDS APPLICABLE TO MODEL YEAR 2006. THIS ENGINE (or VEHICLE, as applicable) DOES NOT CONFORM TO US EPA EMISSION REQUIREMENTS IN EFFECT AT TIME OF PRODUCTION AND MAY NOT BE IMPORTED INTO THE UNITED STATES OR ANY TERRITORY OF THE UNITED STATES EXCEPT GUAM, AMERICAN SAMOA, OR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

(2) The importation or sale of such a vehicle or engine for use at any location U.S. other than Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be considered a violation of section 203(a)(1) of the Clean Air Act. In addition, vehicles or vehicle engines subject to this exemption may not subsequently be imported or sold into any state or territory of the United States other than Guam, American Samoa, or Commonwealth of the Northern Mariana Islands.

(g) Phase-in options. (1) For model years 2007, 2008, and 2009, manufacturers may certify some of their engine families to the combined NO_Xplus NMHC standard applicable to model year 2006 engines under §86.004–11, in lieu of the separate NO_Xand NMHC standards specified in paragraph (a)(1) of this section. These engines must comply with all other requirements applicable to model year 2007 engines. The combined number of engines in the engine families certified to the 2006 combined NO_Xplus NMHC standard may not exceed 50 percent of the manufacturer's U.S.-directed production of heavy-duty diesel motor vehicle engines for model year 2007, 2008, or 2009, except as explicitly allowed by this paragraph (g).

(2)(i) Manufacturers certifying engines to all of the applicable standards listed in paragraph (a) and (c) of this section (without using credits) prior to model year 2007 may reduce the number of engines that are required to meet the standards listed in paragraph (a) of this section in model year 2007, 2008 and/or 2009, taking into account the phase-in option provided in paragraph (g)(1) of this section. For every two engines that are certified early, the manufacturer may reduce the number of engines that are required by paragraph (g)(1) of this section to meet standards listed in paragraph (a)(1) of this section by three engines. For example, if a manufacturer produces 100 heavy-duty diesel engines in 2006 that meet all of the applicable standards listed in paragraph (a) of this section, and it produced 10,000 heavy-duty diesel engines in 2007, then only 4,850 ((10,000)(0.50) − (100)(1.5)) of the engines would need to comply with the standards listed in paragraph (a) of this section.

(ii) Manufacturers certifying engines to the PM standards listed in paragraph (a), and to all of the applicable standards in paragraph (c) of this section (without using credits) prior to model year 2007 may reduce the number of engines that are required to meet the PM standard listed in paragraph (a) of this section in model year 2007, 2008 and/or 2009. For every two engines that are certified to the PM standard early, the manufacturer may reduce the number of engines that are otherwise required to meet the PM standard listed in paragraph (a)(1) of this section by three engines.

(3) Manufacturers may initially base compliance with the phase-in requirements of paragraph (g)(1) or (g)(2) of this section on projected U.S.-directed production estimates. This is allowed for model year 2007 and/or 2008. However, if a manufacturer's actual U.S. directed production volume of engines that comply with the model year 2007 NO_Xand NMHC standards is less than the required amount, the shortfall (in terms of number of engines) must be made up prior to 2010. For example, if a manufacturer plans in good faith to produce 50 percent of its projected 10,000 2007 engines (i.e., 5,000 engines) in compliance with the 2007 NO_Xand NMHC standard, but is only able to produce 4,500 such engines of an actual 10,000 2007 engines, the manufacturer would need to produce an extra 500 engines in 2008 or 2009 in compliance with the 2007 NO_Xand NMHC standard. The deficit allowed by this paragraph (g)(3) may not exceed 25 percent of the U.S. directed production volume.

(4) Manufacturers certifying engines to a voluntary NO_Xstandard of 0.10 g/bhp-hr (without using credits) in addition to all of the other applicable standards listed in paragraphs (a) and (c) of this section prior to model year 2007 may reduce the number of engines that are required to meet the standards listed in paragraph (a)(1) of this section in model year 2007, 2008 and/or 2009, taking into account the phase-in option provided in paragraph (g)(1) of this section. For every engine that is certified early under this provision, the manufacturer may reduce the number of engines that are required by paragraph (g)(1) of this section to meet the standards listed in paragraph (a)(1) of this section by two engines.

(5) For engines certified under paragraph (g)(1) of this section to the NO_X+NMHC standard in §86.004–11, the standards or FELs to which they are certified shall be used for the purposes of paragraphs (a)(3) and (a)(4) of this section.

(6) Manufacturers may determine the number of engines and vehicles that are required to certify to the NO_Xstandard in this section (including the phase-out engines certified to the NO_X+NMHC standard referenced in this paragraph(g)) based on calendar years 2007, 2008, and 2009, rather than model years 2007, 2008, and 2009.

(h)(1) 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 NO_XFEL no higher than 1.30 g/bhp-hr, the applicable compliance limit shall be determined by adding the applicable adjustment from paragraph (h)(2) of this section to the otherwise applicable standard or FEL for NO_X.

(2)(i) For engines with 110,000 or fewer miles, the adjustment is 0.10 g/bhp-hr.

(ii) For engines with 110,001 to 185,000 miles, the adjustment is 0.15 g/bhp-hr.

(iii) For engines with 185,001 or more miles, the adjustment is 0.20 g/bhp-hr.

(3) For model years prior to 2012, for purposes of determining compliance after title or custody has transferred to the ultimate purchaser, the applicable compliance limit shall be determined by adding 0.01 g/bhp-hr to the otherwise applicable standard or FEL for PM.

[65 FR 59954, Oct. 6, 2000, as amended at 66 FR 5161, Jan. 18, 2001; 70 FR 34619, June 14, 2005; 70 FR 40432, July 13, 2005; 71 FR 51486, Aug. 30, 2006; 73 FR 37192, June 30, 2008]

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Section 86.007–15 includes text that specifies requirements that differ from §86.004–15. Where a paragraph in §86.004–15 is identical and applicable to §86.007–15, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.004–15.”

(a)–(l) [Reserved]. For guidance see §86.004–15.

(m) The following provisions apply for model year 2007 and later engines (including engines certified during years 2007–2009 under the phase-in provisions of §86.007–11(g)(1), §86.005–10(a), or §86.008–10(f)(1)). These provisions apply instead of the provisions of paragraphs §86.004–15 (a) through (k) to the extent that they are in conflict.

(1) Manufacturers of Otto-cycle engines may participate in an NMHC averaging, banking and trading program to show compliance with the standards specified in §86.008–10. The generation and use of NMHC credits are subject to the same provisions in paragraphs §86.004–15 (a) through (k) that apply for NO_Xplus NMHC credits, except as otherwise specified in this section.

(2) Credits are calculated as NO_Xor NMHC credits for engines certified to separate NO_Xand NMHC standards. NO_Xplus NMHC credits (including banked credits and credits that are generated during years 2007–2009 under the phase-in provisions of §86.007–11(g)(1), §86.005–10(a), or §86.008–10(f)(1)) may be used to show compliance with 2007 or later NO_Xstandards ( NO_Xor NMHC standards for Otto-cycle engines), subject to an 0.8 discount factor (e.g., 100 grams of NO_Xplus NMHC credits is equivalent to 80 grams of NO_Xcredits).

(3) NO_Xor NMHC (or NO_Xplus NMHC) credits may be exchanged between heavy-duty Otto-cycle engine families certified to the engine standards of this subpart and heavy-duty Otto-cycle engine families certified to the chassis standards of subpart S of this part, subject to an 0.8 discount factor (e.g., 100 grams of NO_X(or NO_Xplus NMHC) credits generated from engines would be equivalent to 80 grams of NO_Xcredits if they are used in the vehicle program of subpart S, and vice versa).

(4) Credits that were previously discounted when they were banked according to paragraph (c) of §86.004–15, are subject to an additional discount factor of 0.888 instead of the 0.8 discount factor otherwise required by paragraph (m)(2) or (m)(3) of this section. This results in a total discount factor of 0.8 (0.9 × 0.888 = 0.8).

(5) For diesel engine families, the combined number of engines certified to FELs higher than 0.50 g/bhp-hr using banked NO_X(and/or NO_Xplus NMHC) credits in any given model year may not exceed 10 percent of the manufacturer's U.S.-directed production of engines in all heavy-duty diesel engine families for that model year.

(6) The FEL must be expressed to the same number of decimal places as the standard (generally, one-hundredth of a gram per brake horsepower-hour). For engines certified to standards expressed only one-tenth of a gram per brake horsepower-hour, if the FEL is below 1.0, then add a zero to the standard in the second decimal place and express the FEL to nearest one-hundredth of a gram per brake horsepower-hour.

(7) Credits are to be rounded to the nearest one-hundredth of a Megagram using ASTM E29–93a (Incorporated by reference at §86.1).

(8) Credits generated for 2007 and later model year diesel engine families, or generated for 2008 and later model year Otto-cycle engine families are not discounted (except as specified in paragraph (m)(2) or (m)(3) of this section), and do not expire.

(9) For the purpose of using or generating credits during a phase-in of new standards, a manufacturer may elect to split an engine family into two subfamilies (e.g., one which uses credits and one which generates credits). The manufacturer must indicate in the application for certification that the engine family is to be split, and may assign the numbers and configurations of engines within the respective subfamilies at any time prior to the submission of the end-of-year report required by §86.001–23.

(i) Manufacturers certifying a split diesel engine family to both the Phase 1 and Phase 2 standards with equally sized subfamilies may exclude the engines within that split family from end-of-year NO_X(or NO_X+NMHC) ABT calculations, provided that neither subfamily generates credits for use by other engine families, or uses banked credits, or uses averaging credits from other engine families. All of the engines in that split family must be excluded from the phase-in calculations of §86.007–11(g)(1) (both from the number of engines complying with the standards being phased-in and from the total number of U.S.-directed production engines.)

(ii) Manufacturers certifying a split Otto-cycle engine family to both the Phase 1 and Phase 2 standards with equally sized subfamilies may exclude the engines within that split family from end-of-year NO_X(or NO_X+NMHC) ABT calculations, provided that neither subfamily generates credits for use by other engine families, or uses banked credits, or uses averaging credits from other engine families. All of the engines in that split family must be excluded from the phase-in calculations of §86.008–10(f)(1) (both from the number of engines complying with the standards being phased-in and from the total number of U.S.-directed production engines.)

(iii) Manufacturers certifying a split engine family may label all of the engines within that family with a single NO_Xor NO_X+NMHC FEL. The FEL on the label will apply for all SEA or other compliance testing.

(iv) Notwithstanding the provisions of paragraph (m)(9)(iii) of this section, for split families, the NO_XFEL shall be used to determine applicability of the provisions of §86.007–11(a)(3)(ii), (a)(4)(i)(B), and (h)(1), and §86.008–10(g).

(10) For model years 2007 through 2009, to be consistent with the phase-in provisions of §86.007–11(g)(1), credits generated from engines in one diesel engine service class (e.g., light-heavy duty diesel engines) may be used for averaging by engines in a different diesel engine service class, provided the credits are calculated for both engine families using the conversion factor and useful life of the engine family using the credits, and the engine family using the credits is certified to the standards listed in §86.007–11(a)(1). Banked or traded credits may not be used by any engine family in a different service class than the service class of the engine family generating the credits.

[66 FR 5163, Jan. 18, 2001]

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Section 86.007–21 includes text that specifies requirements that differ from §86.004–21, 86.094–21 or 86.096–21. Where a paragraph in §86.004–21, 86.094–21 or 86.096–21 is identical and applicable to §86.007–21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.004–21.”, “[Reserved]. For guidance see §86.094–21.”, or “[Reserved]. For guidance see §86.096–21.”.

(a)–(b)(3) [Reserved]. For guidance see §86.094–21.

(b)(4)(i) [Reserved]. For guidance see §86.004–21.

(b)(4)(ii)–(b)(5)(iv) [Reserved]. For guidance see §86.094–21.

(b)(5)(v)–(b)(6) [Reserved]. For guidance see §86.004–21.

(b)(7) and (b)(8) [Reserved]. For guidance see §86.094–21.

(b)(9) and (b)(10) [Reserved]. For guidance see §86.004–21.

(c)–(j) [Reserved]. For guidance see §86.094–21.

(k) and (l) [Reserved]. For guidance see §86.096–21.

(m) and (n) [Reserved]. For guidance see §86.004–21.

(o) For diesel heavy-duty engines, the manufacturer must provide the following additional information pertaining to the supplemental emission test conducted under §86.1360–2007:

(1) Weighted brake-specific emissions data ( i.e. , in units of g/bhp-hr), calculated according to 40 CFR 1065.650 for all pollutants for which a brake-specific emission standard is established in this subpart;

(2) For engines subject to the MAEL (see §86.007–11(a)(3)(ii)), brake specific gaseous emission data for each of the 12 non-idle test points (identified under §86.1360–2007(b)(1)) and the 3 EPA-selected test points (identified under §86.1360–2007(b)(2));

(3) For engines subject to the MAEL (see §86.007–11(a)(3)(ii)), concentrations and mass flow rates of all regulated gaseous emissions plus carbon dioxide;

(4) Values of all emission-related engine control variables at each test point;

(5) A statement that the test results correspond to the test engine selection criteria in 40 CFR 1065.401. The manufacturer also must maintain records at the manufacturer's facility which contain all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request;

(6) For engines subject to the MAEL (see §86.007–11(a)(3)(ii)), a statement that the engines will comply with the weighted average emissions standard and interpolated values comply with the Maximum Allowable Emission Limits specified in §86.007–11(a)(3) for the useful life of the engine where applicable. The manufacturer also must maintain records at the manufacturer's facility which contain a detailed description of all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request.

(7) [Reserved]

(p)(1) The manufacturer must provide a statement in the application for certification that the diesel heavy-duty engine for which certification is being requested will comply with the applicable Not-To-Exceed Limits specified in §86.007–11(a)(4) when operated under all conditions which may reasonably be expected to be encountered in normal vehicle operation and use. The manufacturer also must maintain records at the manufacturers facility which contain all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request.

(2) For engines equipped with exhaust gas recirculation, the manufacturer must provide a detailed description of the control system the engine will use to comply with the requirements of §86.007–11(a)(4)(iii) and §86.1370–2007(f) for NTE cold temperature operating exclusion, including but not limited to the method the manufacturer will use to access this exclusion during normal vehicle operation.

(3) For each engine model and/or horsepower rating within an engine family for which a manufacturer is applying for an NTE deficiency(ies) under the provisions of §86.007–11(a)(4)(iv), the manufacturer's application for an NTE deficiency(ies) must include a complete description of the deficiency, including but not limited to: the specific description of the deficiency; what pollutant the deficiency is being applied for, all engineering efforts the manufacturer has made to overcome the deficiency, what specific operating conditions the deficiency is being requested for (i.e., temperature ranges, humidity ranges, altitude ranges, etc.), a full description of the auxiliary emission control device(s) which will be used to maintain emissions to the lowest practical level; and what the lowest practical emission level will be.

(q) The manufacturer must name an agent for service of process located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part.

[65 FR 59954, Oct. 6, 2000, as amended at 70 FR 40433, July 13, 2005; 71 FR 51487, Aug. 30, 2006]

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Section 86.007–23 includes text that specifies requirements that differ from §86.095–23, §86.098–23, or §86.001–23. Where a paragraph in §86.095–23, §86.098–23, or §86.001–23 is identical and applicable to §86.007–23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.095–23.”, “[Reserved]. For guidance see §86.098–23.”, or “[Reserved]. For guidance see §86.001–23.”.

(a)–(b)(1) [Reserved]. For guidance see §86.098–23.

(b)(2) [Reserved]. For guidance see §86.001–23.

(b)(3) and (b)(4) [Reserved]. For guidance see §86.098–23.

(c) Emission data. —(1) Certification vehicles. The manufacturer shall submit emission data (including, methane, methanol, formaldehyde, and hydrocarbon equivalent, as applicable) 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 §86.000–26(a)(3). In lieu of providing emission data 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 certain applicable emission standards of this part. Standards eligible for such manufacturer requests are those for idle CO emissions, smoke emissions, or particulate emissions from methanol-fueled or gaseous-fueled diesel-cycle certification vehicles, those for particulate emissions from Otto-cycle certification vehicles or gaseous-fueled vehicles, and those for formaldehyde emissions from petroleum-fueled vehicles. Also eligible for such requests are standards for total hydrocarbon emissions from model year 1994 and later certification vehicles. By separate request, including appropriate supporting test data, the manufacturer may request that the Administrator also waive the requirement to measure particulate or formaldehyde emissions when conducting Selective Enforcement Audit testing of Otto-cycle vehicles.

(2) Certification engines. 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 §86.000–26(c)(4). In lieu of providing emission data on idle CO emissions or particulate emissions from methanol-fueled or gaseous-fueled diesel-cycle certification engines, on particulate emissions from Otto-cycle engines, or on CO emissions from diesel-cycle 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 this part. 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 engine will conform with the applicable emissions standards of this part. In lieu of providing emissions data on smoke emissions from diesel-cycle engines when conducting Selective Enforcement Audit testing under subpart K of this part, 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 this part .

(d)–(e)(1) [Reserved]. For guidance see §86.098–23.

(e)(2) and (e)(3) [Reserved]. For guidance see §86.001–23.

(f)–(g) [Reserved]. For guidance see §86.095–23.

(h)–(k) [Reserved]. For guidance see §86.098–23.

(l) [Reserved]. For guidance see §86.095–23.

(m) [Reserved]. For guidance see §86.098–23.

[66 FR 5164, Jan. 18, 2001]

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Section 86.007–25 includes text that specifies requirements that differ from §86.094–25, §86.098–25, or §86.004–25. Where a paragraph in §86.094–25, §86.098–25, or §86.004–25 is identical and applicable to §86.007–25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.094–25.”, “[Reserved]. For guidance see §86.098–25.”, or “[Reserved]. For guidance see §86.004–25.”.

(a)–(a)(2) [Reserved]. For guidance see §86.004–25.

(b) introductory text through (b)(3)(ii) [Reserved]. For guidance see §86.094–25.

(b)(3)(iii)–(b)(3)(v)(H) [Reserved]. For guidance see §86.004–25.

(b)(3)(vi)(A)–(b)(3)(vi)(D) [Reserved]. For guidance see §86.094–25.

(b)(3)(vi)(E)–(b)(3)(vi)(J) [Reserved]. For guidance see §86.098–25.

(b)(4) introductory text through (b)(4)(iii)(C) [Reserved]. For guidance see §86.004–25.

(b)(4)(iii)(D) Particulate trap or trap oxidizer systems including related components (adjustment and cleaning only for filter element, replacement of the filter element is not allowed during the useful life).

(b)(4)(iii)(E) [Reserved]. For guidance see §86.004–25.

(F) Catalytic converter (adjustment and cleaning only for catalyst beds, replacement of the bed is not allowed during the useful life).

(b)(4)(iii)(G)–(b)(6) [Reserved]. For guidance see §86.004–25.

(b)(7)–(h) [Reserved]. For guidance see §86.094–25.

(i) Notwithstanding the provisions of §86.004–25(b)(4)(iii) introductory text through (b)(4)(iii)(C), paragraph (b)(4)(iii)(D) of this section, §86.004–25(b)(4)(iii)(E), paragraph (b)(4)(iii)(F) of this section, §86.004–25(b)(4)(iii)(G), and §86.004–25(b)(6), manufacturers of heavy-duty engines may schedule replacement or repair of particulate trap (or trap oxidizer) systems or catalytic converters (including NO_Xadsorbers), provided:

(1) The manufacturer demonstrates to the Administrator's satisfaction that the repair or replacement will be performed according to the schedule; and

(2) The manufacturer pays for the repair or replacement.

[66 FR 5164, Jan. 18, 2001]

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Section 86.007–35 includes text that specifies requirements that differ from §86.095–35. Where a paragraph in §86.095–35 is identical and applicable to §86.007–35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.095–35.”.

(a) Introductory text through (a)(1)(iii)(L) [Reserved]. For guidance see §86.095–35.

(a)(1)(iii)(M) [Reserved]

(a)(1)(iii)(N)( 1 ) For vehicles exempted from compliance with certain revised performance warranty procedures, as specified in §86.096–21(j), a statement indicating the specific performance warranty test(s) of 40 CFR part 85, subpart W, not to be performed.

( 2 ) For vehicles exempted from compliance with all revised performance warranty procedures, as specified in §86.096–21(k), a statement indicating:

( i ) That none of the performance warranty tests of 40 CFR part 85, subpart W, is to be performed; and

( ii ) The name of the Administrator-approved alternative test procedure to be performed.

(2) Light-duty truck and heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions.

(i) A legible, permanent label shall be affixed in a readily visible position in the engine compartment.

(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.

(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:

(A) The label heading: Important Vehicle Information;

(B) Full corporate name and trademark of the manufacturer;

(C) Engine displacement (in cubic inches or liters), engine family identification, and evaporative/refueling family;

(a)(2)(iii)(D)–(a)(2)(iii)(E) [Reserved]. For guidance see §86.095–35.

(a)(2)(iii)(F) [Reserved]

(a)(2)(iii)(G)–(a)(2)(iii)(K) [Reserved]. For guidance see §86.095–35.

(a)(2)(iii)(L) [Reserved]

(a)(2)(iii)(M)–(a)(2)(iii)(N) [Reserved]. For guidance see §86.095–35.

(a)(2)(iii)(O)(l) For vehicles exempted from compliance with certain revised performance warranty procedures, as specified in §86.096–21(j), a statement indicating the specific performance warranty test(s) of 40 CFR part 85, subpart W, not to be performed.

( 2 ) For vehicles exempted from compliance with all revised performance warranty procedures, as specified in §86.096–21(k), a statement indicating:

( i ) That none of the performance warranty tests of 40 CFR part 85, subpart W, is to be performed, and

( ii ) The name of the Administrator-approved alternative test procedure to be performed.

(a)(3) heading through (b) [Reserved]. For guidance see §86.095–35.

(c) Vehicles powered by model year 2007 and later diesel-fueled engines must include permanent, readily visible labels on the dashboard (or instrument panel) and near all fuel inlets that state “Use Ultra Low Sulfur Diesel Fuel Only”; or “Ultra Low Sulfur Diesel Fuel Only”.

(d)–(i) [Reserved]. For guidance see §86.095–35.

(j) The Administrator may approve in advance other label content and formats provided the alternative label contains information consistent with this section.

[66 FR 5165, Jan. 18, 2001, as amended at 69 FR 39212, June 29, 2004; 70 FR 40433, July 13, 2005; 71 FR 51487, Aug. 30, 2006]

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This section includes text that specifies requirements that differ from those specified in §86.096–38 or §86.004–38. Where a paragraph in §86.096–38 or §86.004–38 is identifical and applicable to §86.007–38, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.096–38., or [Reserved]. For guidance see §86.004–38.”.

(a)–(f) [Reserved]. For guidance see §86.004–38.

(g) [Reserved]. For guidance see §86.096–38. For incorporation by reference see §§86.1 and 86.096–38.

(h) [Reserved]. For guidance see §86.004–38.

(i) For each new diesel-fueled engine subject to the standards prescribed in §86.007–11, as applicable, the manufacturer shall furnish or cause to be furnished to the ultimate purchaser a statement that “This engine must be operated only with ultra low-sulfur diesel fuel (meeting EPA specifications for highway diesel fuel, including a 15 ppm sulfur cap).”

[66 FR 5165, Jan. 18, 2001, as amended at 68 FR 38455, June 27, 2003; 69 FR 39212, June 29, 2004]

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Section 86.008–10 includes text that specifies requirements that differ from §86.099–10. Where a paragraph in §86.099–10 is identical and applicable to §86.008–10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §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 (NO X ). 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 NO_Xand NO_Xplus NMHC emissions ABT programs for HDEs, within the restrictions described in §86.008–15 or §86.004–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFEL may not exceed 0.50 grams per brake horsepower-hour (0.26 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. The NO_XFEL cap is 0.80 for model years before 2011 for manufacturers choosing to certify to the 1.5 g/bhp-hr NO_X+NMHC standard in 2003 or 2004, in accordance with §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 §86.008–15 or §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 NO_X+NMHC in 2004, as allowed in §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 §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 §86.1230–96, diurnal plus hot soak measurements: 1.4 grams per test.

( 2 ) For the supplemental two-diurnal test sequence described in §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 §86.1230–96, diurnal plus hot soak measurements: 1.9 grams per test.

( 2 ) For the supplemental two-diurnal test sequence described in §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 §86.1230–96, diurnal plus hot soak measurements: 1.4 grams carbon per test.

( 2 ) For the supplemental two-diurnal test sequence described in §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 §86.1230–96, diurnal plus hot soak measurements: 1.9 grams carbon per test.

( 2 ) For the supplemental two-diurnal test sequence described in §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) 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 §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 §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 §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 NO_Xplus 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 §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 NO_Xand 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 NO_Xand 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 NO_Xand 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 NO_Xstandard 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 NO_Xand 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 NO_Xand 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 NO_XFEL no higher than 0.50 g/bhp-hr, the applicable compliance limits for NO_Xand NMHC shall be determined by adding 0.10 g/bhp-hr to the otherwise applicable standards or FELs for NO_Xand NMHC.

[66 FR 5165, Jan. 18, 2001]

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(a) The abbreviations in this section apply to this subpart and also to subparts B, D, H, I, J, N, O and P of this part and have the following meanings:

accel.—acceleration.

AECD—Auxiliary emission control device.

API—American Petroleum Institute.

ASTM—American Society for Testing and Materials.

BHP—Brake horsepower.

BSCO—Brake specific carbon monoxide.

BSHC—Brake specific hydrocarbons.

BSNO_X—Brake specific oxides of nitrogen.

C—Celsius.

cfh—cubic feet per hour.

CFV—Critical flow venturi.

CFV-CVS—Critical flow venturi—constant volume sampler.

CL—Chemiluminescence.

CO₂—carbon dioxide.

CO—Carbon monoxide.

conc.—concentration.

cfm—cubic feet per minute.

CT—Closed throttle.

cu. in.—cubic inch(es).

CVS—Constant volume sampler.

decel.—deceleration.

EP—End point.

evap.—evaporative.

F—Fahrenheit.

FID—Flame ionization detector.

FL—Full load.

ft.—feet.

g—gram(s).

gal.—U.S. gallon(s).

GVW—Gross vehicle weight.

GVWR—Gross vehicle weight rating.

h—hour(s).

H₂O—water.

HC—hydrocarbon(s).

HFID—Heated flame ionization detector.

Hg—mercury.

hi—high.

hp.—horsepower.

IBP—Initial boiling point.

ID—Internal diameter.

in.—inch(es).

K—kelvin.

kg—kilogram(s).

km—kilometer(s).

kPa—kilopascal(s).

lb.—pound(s).

lb.-ft.—pound-feet.

m—meter(s).

max.—maximum.

mg—milligram(s).

mi.—mile(s).

min.—minute(s).

ml—milliliter(s).

mm—millimeter(s).

mph—miles per hour.

mv—millivolt(s).

N₂—nitrogen.

NDIR—Nondispersive infrared.

NO—nitric oxide.

NO₂—nitrogen dioxide.

NO_X—oxides of nitrogen.

No.—Number.

O₂—oxygen.

Pb—lead.

pct.—percent.

PDP-CVS—Positive displacement pump—constant volume sampler.

ppm—parts per million by volume.

ppm C—parts per million, carbon.

psi—pounds per square inch.

psig—pounds per square inch gauge.

PTA—Part throttle acceleration.

PTD—Part throttle deceleration.

R—Rankin.

rpm—revolutions per minute.

RVP—Reid vapor pressure.

s—second(s).

SAE—Society of Automotive Engineers.

SI—International system of units.

sp.—speed.

TEL—Tetraethyl lead.

TML—Tetramethyl lead.

UDDS—Urban dynamometer driving schedule.

V—volt(s).

vs—versus.

W—watt(s).

WF—Weighting factor.

WOT—Wide open throttle.

wt.—weight.

′—feet.

&inch;—inch(es).

°—degree(s).

∑—summation.

[42 FR 32907, June 28, 1977, as amended at 45 FR 4149, Jan. 21, 1980]

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(a)(1) After granting a request for a hearing under §86.084–22, §86.084–30(b), or §86.084–30(c), the Administrator shall designate a Presiding Officer for the hearing.

(2) The General Counsel will represent the Environmental Protection Agency in any hearing under this section.

(3) If a time and place for the hearing have not been fixed by the Administrator under §86.084.22, §86.084–30(b), or §86.084–30(c), the hearing shall be held as soon as practicable at a time and place fixed by the Administrator or by the Presiding Officer.

(4) In the case of any hearing requested pursuant to §86.078–30(c)(5)(i), the Administrator may in his discretion direct that all argument and presentation of evidence be concluded within such fixed period not less than 30 days as he may establish from the date that the first written offer of a hearing is made to the manufacturer. To expedite proceedings, the Administrator may direct that the decision of the Presiding Officer (who may, but need not be the Administrator himself) shall be the final EPA decision.

(b)(1) Upon his appointment pursuant to paragraph (a) of this section, the Presiding Officer will establish a hearing file. The file shall consist of the notice issued by the Administrator under §86.084–22, §86.084–30(b), or §86.084–30(c) together with any accompanying material, the request for a hearing and the supporting data submitted therewith, and all documents relating to the request for certification and all documents submitted therewith, and correspondence and other data material to the hearing.

(2) The hearing file will be available for inspection by the applicant at the office of the Presiding Officer.

(c) An applicant may appear in person, or may be represented by counsel or by any other duly authorized representative.

(d)(1) The Presiding Officer upon the request of any party, or in his discretion, may arrange for a prehearing conference at a time and place specified by him to consider the following:

(i) Simplification of the issues;

(ii) Stipulations, admissions of fact, and the introduction of documents;

(iii) Limitation of the number of expert witnesses;

(iv) Possibility of agreement disposing of all or any of the issues in dispute;

(v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.

(2) The results of the conference shall be reduced to writing by the Presiding Officer and made part of the record.

(e)(1) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence.

(2) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of title 18 U.S.C. 1001 which imposes penalties for knowingly making false statements or representations, or using false documents in any matter within the jurisdiction of any department or agency of the United States.

(3) Any witness may be examined or cross-examined by the Presiding Officer, the parties, or their representatives.

(4) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.

(5) All written statements, charts, tabulations, and similar data offered in evidence at the hearings shall, upon a showing satisfactory to the Presiding Officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute a part of the record.

(6) Oral argument may be permitted in the discretion of the Presiding Officer and shall be reported as part of the record unless otherwise ordered by him.

(f)(1) The Presiding Officer shall make an initial decision which shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the Administrator without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed.

(2) On appeal from or review of the initial decision the Administrator shall have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administrator shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the appeal or considered in the review.

[42 FR 32907, June 28, 1977, as amended at 49 FR 48479, Dec. 12, 1984]

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Where possible a manufacturer should include in a single application for certification all vehicles (or engines) for which certification is required. A manufacturer may, however, choose to apply separately for certification of part of his product line. The selection of test vehicles (or test engines) and the computation of test results will be determined separately for each application.

[42 FR 45149, Sept. 8, 1977]

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(a) If a manufacturer proposes to add to his product line a vehicle (or engine) of the same engine-system combination as vehicles (or engines) previously certified but which was not described in the application for certification when the test vehicle(s) (or test engine(s)) representing other vehicles (or engines) of that combination was certified, he shall notify the Administrator. Such notification shall be in advance of the addition unless the manufacturer elects to follow the procedure described in §86.079–34. This notification shall include a full description of the vehicle (or engine) to be added.

(b) The Administrator may require the manufacturer to perform such tests on the test vehicle(s) (or test engine(s)) representing the vehicle (or engine) to be added which would have been required if the vehicle (or engine) had been included in the original application for certification.

(c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under §86.079–29, the Administrator determines that the test vehicle(s) or test engine(s) meets all applicable standards, the appropriate certificate will be amended accordingly. If the Administrator determines that the test vehicle(s) (or test engine(s)) does not meet applicable standards, he will proceed under §86.079–30(b).

[42 FR 45149, Sept. 8, 1977]

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(a) The manufacturer shall notify the Administrator of any change in production vehicles (or production engines) in respect to any of the parameters listed in §86.079–24(a)(3), §86.079–24(b)(1)(iii), §86.079–24(b)(2) (iii) or §86.079–24(b)(3)(iii) as applicable, giving a full description of the change. Such notification shall be in advance of the change unless the manufacturer elects to follow the procedure described in §86.079–34.

(b) Based upon the description of the change, and data derived from such testing as the Administrator may require or conduct. The Administrator will determine whether the vehicle (or engine), as modified, would still be covered by the certificate of conformity then in effect.

(c) If the Administrator determines that the outstanding certificate would cover the modified vehicles (or engines) he will notify the manufacturer in writing. Except as provided in §86.079–34 the change may not be put into effect prior to the manufacturer's receiving this notification. If the Administrator determines that the modified vehicles (or engines) would not be covered by the certificate then in effect, the modified vehicles (or engines) shall be treated as additions to the product line subject to §86.079–32.

[42 FR 45149, Sept. 8, 1977]

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(a) Upon request of the Administrator, the manufacturer of any light-duty vehicle or light-duty truck covered by a certificate of conformity shall, within 30 days, identify by vehicle identification number, the vehicle(s) covered by the certificate of conformity.

(b) The manufacturer of any light-duty vehicle or light-duty truck covered by a certificate of conformity shall provide to the Administrator, within 60 days of the issuance of a certificate of conformity, an explanation of the elements in any vehicle identification coding system in sufficient detail to enable the Administrator to identify those vehicles which are covered by a certificate of conformity.

[43 FR 52920, Nov. 14, 1978]

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(a) The manufacturer shall provide to the Administrator, no later than the time of the submission required by §86.079–23, a copy of the maintenance instructions which the manufacturer proposes to supply to the ultimate purchaser in accordance with §86.079–38(a). The Administrator will review such instructions to determine whether they are reasonable and necessary to assure the proper functioning of the vehicle's (or engine's) emission control systems. The Administrator will notify the manufacturer of his determination whether such instructions are reasonable and necessary to assure the proper functioning of the emission control systems.

(b) Any revision to the maintenance instructions which will affect emissions shall be supplied to the Administrator at least 30 days before being supplied to the ultimate purchaser unless the Administrator consents to a lesser period of time.

[42 FR 45151, Sept. 8, 1977]

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(a)(1) The Administrator will determine which of the following certification procedures (paragraph (a)(3) or (a)(4) of this section) may be used to demonstrate compliance for each heavy-duty engine, light-duty vehicle, and light-duty truck engine family for which certification is sought.

(2) The families selected for the procedure described in paragraph (a)(3) of this section will be subject to this procedure at the option of the manufacturer.

(3) The following provisions apply to those heavy-duty engine, light-duty vehicle, and light-duty truck engine families which the Administrator has specified may be subject to the abbreviated certification review procedure.

(i) The manufacturer shall satisfy all applicable requirements of part 86 necessary to demonstrate compliance with the applicable standards for each class of new motor vehicles or new motor vehicle engines for which certification is sought.

(ii) As specifically allowed by the Administrator, the manufacturer shall assume the responsibility for part or all of the decisions applicable to the family for which certification is sought and which are within the jurisdiction of the Administrator, with the exception that the Administrator will determine whether a test vehicle, or test engine, has met the applicable emission standards.

(iii) The manufacturer shall maintain, update, and correct all records and information required.

(iv) The Administrator may review a manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator.

(v) At the Administrator's request, the manufacturer shall notify the Administrator of the status of the certification program including projected schedules of those significant accomplishments specified by the Administrator.

(vi) The manufacturer shall permit the Administrator to inspect any facilities, records, and vehicles from which data are obtained under the abbreviated certification review procedure.

(vii) Upon completing all applicable requirements of part 86, the manufacturer shall submit a separate application for a certificate of conformity for each set of standards and each class of new motor vehicles or new motor vehicle engines for which certification is sought. Such application shall be made in writing to the Administrator by the manufacturer.

(A) The Administrator may approve or disapprove, in whole or in part, an application for certification according to the procedures specified in §86.080–22(b).

(B) If, after a review of the application for certification, test reports and data submitted by the manufacturer, data obtained during an inspection, and any other pertinent data or information, the Administrator determines that a test vehicle(s) or test engine(s) has not met the requirements of the Act and the applicable subpart, he will notify the manufacturer in writing and set forth the reason(s) for the determination as specified in §86.080–22(c).

(4) Those families which are to be subjected to the complete EPA review procedure will follow the procedures specified in this subpart with the exception of §86.080–12(a)(3).

(b) The manufacturer may request that an engine family be subject to the abbreviated certification review procedure.

(c) The Administrator may require that an engine family previously allowed to be subject to the abbreviated certification review procedure be transferred to the complete review procedure.

[45 FR 26045, Apr. 17, 1980]

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(a) The definitions of this section apply to this subpart and also to subparts B, D, I, and R of this part.

(b) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act:

Accuracy means the difference between a measurement and true value.

Act means part A of title II of the Clean Air Act, 42 U.S.C. as amended, 7521, et seq.

Administrator means the Administrator of the Environmental Protection Agency or his authorized representative.

Auxiliary Emission Control Device (AECD) means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.

Basic engine means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), catalyst usage, and other engine and emission control system characteristics specified by the Administrator.

Basic vehicle frontal area means the area enclosed by the geometric projection of the basic vehicle along the longitudinal axis, which includes tires but excludes mirrors and air deflectors, onto a plane perpendicular to the longitudinal axis of the vehicle.

Body style means a level of commonality in vehicle construction as defined by number of doors and roof treatment (e.g., sedan, convertible, fastback, hatchback).

Body type means a name denoting a group of vehicles that are either in the same car line or in different car lines provided the only reason the vehicles qualify to be considered in different car lines is that they are produced by a separate division of a single manufacturer.

Calibrating gas means a gas of known concentration which is used to establish the response curve of an analyzer.

Calibration means the set of specifications, including tolerances, unique to a particular design, version, or application of a component or components assembly capable of functionally describing its operation over its working range.

Car line means a name denoting a group of vehicles within a make or car division which has a degree of commonality in construction (e.g., body, chassis). Car line does not consider any level of decor or opulence and is not generally distinguished by characteristics as roofline, number of doors, seats, or windows except for station wagons or light-duty trucks. Station wagons and light-duty trucks are considered to be different car lines than passenger cars.

Configuration means a subclassification of an engine-system combination on the basis of engine code, inertia weight class, transmission type and gear ratios, final drive ratio, and other parameters which may be designated by the Administrator.

Crankcase emissions means airborne substances emitted to the atmosphere from any portion of the engine crankcase ventilation or lubrication systems.

Curb-idle for manual transmission code heavy-duty engines means the manufacturer's recommended engine speed with the transmission in neutral or with the clutch disengaged. For automatic transmission code heavy-duty engines, curb-idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled.

Defeat Device means an AECD that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal urban vehicle operation and use, unless (1) such conditions are substantially included in the Federal emission test procedure, (2) the need for the AECD is justified in terms of protecting the vehicle against damage or accident, or (3) the AECD does not go beyond the requirements of engine starting.

Diurnal breathing losses means evaporative emissions as a result of the daily range in temperature.

Drive train configuration means a unique combination of engine code, transmission configuration, and axle ratio.

Dynamometer-idle for automatic transmission code heavy-duty engines means the manufacturer's recommended engine speed without a transmission that simulates the recommended engine speed with a transmission and with the transmission in neutral.

Engine code means a unique combination, within an engine-system combination, of displacement, carburetor (or fuel injection) calibration, choke calibration, distributor calibration, auxiliary emission control devices, and other engine and emission control system components specified by the Administrator.

Engine family means the basic classification unit of a manufacturer's product line used for the purpose of test fleet selection and determined in accordance with §86.082–24.

Engine family group means a combination of engine families for the purpose of determining a minimum deterioration factor under the Alternative Durability Program.

Engine-system combination means an engine family-exhaust emission control system combination.

EPA Enforcement Officer means any officer or employee of the Environmental Protection Agency so designated in writing by the Administrator (or by his designee).

Evaporative emission code means a unique combination, in an evaporative emission family-evaporative emission control system combination, of purge system calibrations, fuel tank and carburetor bowl vent calibrations and other fuel system and evaporative emission control system components and calibrations specified by the Administrator.

Evaporative emissions means hydrocarbons emitted into the atmosphere from a motor vehicle, other than exhaust and crankcase emissions.

Evaporative vehicle configuration means a unique combination of basic engine, engine code, body type, and evaporative emission code.

Exhaust emissions means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine.

Fuel evaporative emissions means vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle.

Fuel system means the combination of fuel tank(s), fuel pump, fuel lines, and carburetor or fuel injection components, and includes all fuel system vents and fuel evaporative emission control system components.

Gross vehicle weight means the manufacturer's gross weight rating for the individual vehicle.

Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.

Hang-up refers to the process of hydrocarbon molecules being adsorbed, condensed, or by any other method removed from the sample flow prior to reaching the instrument detector. It also refers to any subsequent desorption of the molecules into the sample flow when they are assumed to be absent.

Heavy-duty engine means any engine which the engine manufacturer could reasonably expect to be used for motive power in a heavy-duty vehicle.

Heavy-duty vehicle means any motor vehicle rated at more than 8,500 pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds or that has a basic vehicle frontal area in excess of 45 square feet.

High altitude means any elevation over 1,219 meters (4,000 feet).

High-altitude conditions means a test altitude of 1,620 meters (5,315 feet), plus or minus 100 meters (328 feet), or equivalent observed barometric test conditions of 83.3 ±1 kilopascals.

High-altitude reference point means an elevation of 1,620 meters (5,315 feet) plus or minus 100 meters (328 feet), or equivalent observed barometric test conditions of 83.3 kPa (24.2 inches Hg), plus or minus 1 kPa (0.30 Hg).

Hot-soak losses means evaporative emissions after termination of engine operation.

Incomplete truck means any truck which does not have the primary load carrying device or container attached.

Inertia weight class means the class, which is a group of test weights, into which a vehicle is grouped based on its loaded vehicle weight in accordance with the provisions of part 86.

Intermediate speed means peak torque speed if peak torque speed occurs between 60 and 75 percent of rated speed. If the peak torque speed is less than 60 percent of rated speed, intermediate speed means 60 percent of rated speed. If the peak torque speed is greater than 75 percent of rated speed, intermediate speed means 75 percent of rated speed.

Light-duty truck means any motor vehicle rated at 8,500 pounds GVWR or less which as a vehicle curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2) Designed primarily for transportation of persons and has a capacity of more than 12 persons, or

(3) Available with special features enabling off-street or off-highway operation and use.

Light-duty vehicle means a passenger car or passenger car derivative capable of seating 12 passengers or less.

Loaded vehicle weight means the vehicle curb weight plus 300 pounds.

Low altitude means any elevation equal to or less than 1,219 meters (4,000 feet).

Low altitude conditions means a test altitude less than 549 meters (1,800 feet).

Malfunction means not operating according to specifications (e.g., those specifications listed in the application for certification).

Maximum rated horsepower means the maximum brake horsepower output of an engine as stated by the manufacturer in his sales and service literature and his application for certification under §86.082–21.

Maximum rated torque means the maximum torque produced by an engine as stated by the manufacturer in his sales and service literature and his application for certification under §86.082–21.

Military engine means any engine manufactured solely for the Department of Defense to meet military specifications.

Model means a specific combination of car line, body style, and drivetrain configuration.

Model type means a unique combination of car line, basic engine, and transmission class.

Model year means the manufacturer's annual production period (as determined by the Administrator) which includes January 1 of such calendar year: Provided, That if the manufacturer has no annual production period, the term model year shall mean the calendar year.

Nominal fuel tank capacity means the volume of the fuel tank(s), specified by the manufacturer to the nearest tenth of a U.S. gallon, which may be filled with fuel from the fuel tank filler inlet.

Opacity means the fraction of a beam of light, expressed in percent, which fails to penetrate a plume of smoke.

Option means any available equipment or feature not standard equipment on a model.

Oxides of nitrogen means the sum of the nitric oxide and nitrogen dioxide contained in a gas sample as if the nitric oxide were in the form of nitrogen dioxide.

Peak torque speed means the speed at which an engine develops maximum torque.

Percent load means the fraction of the maximum available torque at a specified engine speed.

Precision means the standard deviation of replicated measurements.

Rated speed means the speed at which the manufacturer specifies the maximum rated horsepower of an engine.

Reconfigured emission-data vehicle means an emission-data vehicle obtained by modifying a previously used emission-data vehicle to represent another emission-data vehicle.

Running loss means fuel evaporative emissions resulting from an average trip in an urban area or the simulation of such a trip.

Scheduled maintenance means any adjustment, repair, removal, disassembly, cleaning, or replacement of vehicle components or systems which is performed on a periodic basis to prevent part failure or vehicle (if the engine were installed in a vehicle) malfunction.

Smoke means the matter in the exhaust emission which obscures the transmission of light.

Span gas means a gas of known concentration which is used routinely to set the output level of an analyzer.

Standard equipment means those features or equipment which are marketed on a vehicle over which the purchaser can exercise no choice.

System includes any motor vehicle engine modification which controls or causes the reduction of substances emitted from motor vehicles.

Tank fuel volume means the volume of fuel in the fuel tank(s), which is determined by taking the manufacturer's nominal fuel tank(s) capacity and multiplying by 0.40, the result being rounded using ASTM E 29–67 to the nearest tenth of a U.S. gallon.

Test weight means the weight, within an inertia weight class, which is used in the dynamometer testing of a vehicle, and which is based on its loaded vehicle weight in accordance with the provisions of part 86.

Throttle means the mechanical linkage which either directly or indirectly controls the fuel flow to the engine.

Transmission class means the basic type of transmission, e.g., manual, automatic, semiautomatic.

Transmission configuration means a unique combination, within a transmission class, of the number of the forward gears and, if applicable, overdrive. The Administrator may further subdivide a transmission configuration (based on such criteria as gear ratios, torque convertor multiplication ratio, stall speed and shift calibration, etc.), if he determines that significant fuel economy or exhaust emission differences exist within that transmission configuration.

Unscheduled maintenance means any adjustment, repair, removal, disassembly, cleaning, or replacement of vehicle components or systems which is performed to correct a part failure or vehicle (if the engine were installed in a vehicle) malfunction.

Useful life means:

(1) For light-duty vehicles and light-duty trucks a period of use of 5 years or 50,000 miles, whichever first occurs.

(2) For gasoline-fueled heavy-duty engines a period of use of 5 years or 50,000 miles of vehicle operation or 1,500 hours of engine operation (or an equivalent period of 1,500 hours of dynamometer operation), whichever first occurs.

(3) For diesel heavy-duty engines a period of use of 5 years or 100,000 miles of vehicle operation or 3,000 hours of engine operation (or an equivalent period of 1,000 hours of dynamometer operation), whichever first occurs.

Van means a light-duty truck having an integral enclosure, fully enclosing the driver compartment and load carrying device, and having no body sections protruding more than 30 inches ahead of the leading edge of the windshield.

Vehicle configuration means a unique combination of basic engine, engine code, inertia weight class, transmission configuration, and axle ratio.

Vehicle curb weight means the actual or the manufacturer's estimated weight of the vehicle in operational status with all standard equipment, and weight of fuel at nominal tank capacity, and the weight of optional equipment computed in accordance with §86.082–24; incomplete light-duty trucks shall have the curb weight specified by the manufacturer.

Zero (0) hours means that point after normal assembly line operations and adjustments are completed and before ten (10) additional operating hours have been accumulated, including emission testing, if performed.

Zero (0) miles means that point after initial engine starting (not to exceed 100 miles of vehicle operation, or three hours of engine operation) at which normal assembly line operations and adjustments are completed, and including emission testing, if performed.

[46 FR 50475, Oct. 13, 1981, and 47 FR 49807, 49808, Nov. 2, 1982; 62 FR 31233, June 6, 1997]

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(a) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle (or engine) under §86.079–32 or a change in a vehicle (or engine) under §86.079–33, notify the Administrator concurrently with making an addition of a vehicle or a change in a vehicle, if the manufacturer determines that following the change all vehicles (or engines) effected by the addition or change will still meet the applicable emission standards. Such notification shall include a full description of the addition or change and any supporting documentation the manufacturer may desire to include to support the manufacturer's determination. The manufacturer's determination that the addition or change does not cause noncompliance shall be based on an engineering evaluation of the addition or change and/or testing.

(b) The Administrator may require that additional emission testing be performed to support the manufacturers original determination submitted in paragraph (a) of this section. If additional testing is required the Administrator shall proceed as in §86.079–32 (b) and (c) or §86.079–33 (b) and (c) as appropriate. Additional test data, if requested, must be provided within 30 days of the request or the manufacturer must rescind the addition or change immediately. The Administrator may grant additional time to complete testing. If based on this additional testing or any other information, the Administrator determines that the vehicles effected by the addition or change do not meet the applicable standards the Administrator will notify the manufacturer to rescind the addition or change immediately upon receipt of the notification.

(c) Election to produce vehicles (or engines) under this section will be deemed to be a consent to recall all vehicles (or engines) which the Administrator determines under §86.079–32(c) do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner.

[46 FR 50486, Oct. 13, 1981, as amended at47 FR 49807, Nov. 2, 1982]

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The definitions in §86.082–2 remain effective. The definitions listed in this section apply beginning with the 1984 model year.

Approach angle means the smallest angle in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the automobile forward of the front tire.

Axle clearance means the vertical distance from the level surface on which an automobile is standing to the lowest point on the axle differential of the automobile.

Breakover angle means the supplement of the largest angle, in the plan side view of an automobile, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the automobile.

Curb-idle means:

(1) For manual transmission code light-duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged and with the air conditioning system, if present, turned off. For automatic transmission code light-duty trucks, curb-idle means the engine speed with the automatic transmission in the Park position (or Neutral position if there is no Park position), and with the air conditioning system, if present, turned off.

(2) For manual transmission code heavy-duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy-duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. (Measured idle speed may be used in lieu of curb-idle speed for the emission tests when the difference between measured idle speed and curb idle speed is sufficient to cause a void test under 40 CFR 1065.530 but not sufficient to permit adjustment in accordance with 40 CFR part 1065, subpart E.

Departure angle means the smallest angle, in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the automobile rearward of the rear tire.

Emission-related maintenance means that maintenance which does substantially affect emissions or which is likely to affect the deterioration of the vehicle or engine with respect to emissions, even if the maintenance is performed at some time other than that which is recommended.

Heavy-passenger cars means, for the 1984 model year only, a passenger car or passenger car derivative capable of seating 12 passengers or less, rated at 6,000 pounds GVW or more and having an equivalent test weight of 5,000 pounds or more.

Non-emission related maintenance means that maintenance which does not substantially affect emissions and which does not have a lasting effect on the deterioration of the vehicle or engine with respect to emissions once the maintenance is performed at any particular date.

Scheduled maintenance means any adjustment, repair, removal, disassembly, cleaning, or replacement of vehicle components or systems which is performed on a periodic basis to prevent part failure or vehicle (if the engine were installed in a vehicle) malfunction, or anticipated as necessary to correct an overt indication of vehicle malfunction or failure for which periodic maintenance is not appropriate.

Special features enabling off-street or off-highway operation and use means a vehicle:

(1) That has 4-wheel drive; and

(2) That has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel to the vehicle's longitudinal centerline, and the tires inflated to the manufacturer's recommended pressure;

(i) Approach angle of not less than 28 degrees.

(ii) Breakover angle of not less than 14 degrees.

(iii) Departure angle of not less than 20 degrees.

(iv) Running clearance of not less than 8 inches.

(v) Front and rear axle clearances of not less than 7 inches each.

Static loaded radius arc means a portion of a circle whose center is the center of a standard tire-rim combination of an automobile and whose radius is the distance from that center to the level surface on which the automobile is standing, measured with the automobile at curb weight, the wheel parallel to the vehicle's longitudinal centerline, and the tire inflated to the manufacturer's recommended pressure.

Unscheduled maintenance means any adjustment, repair, removal disassembly, cleaning, or replacement of vehicle components or systems which is performed to correct a part failure or vehicle (if the engine were installed in a vehicle) malfunction which was not anticipated.

Useful life means:

(a) For light-duty vehicles a period of use of 5 years or 50,000 miles, whichever first occurs.

(b)(1) For a light-duty truck engine family or heavy-duty engine family, the average period of use up to engine retirement or rebuild, whichever occurs first, as determined by the manufacturer under §86.084–21(b)(4)(ii)(B).

(2) For a specific light-duty truck or heavy-duty engine, the period of use represented by the first occurring of the following:

(i) The engine reaches the point of needing to be rebuilt, according to the criteria established by the manufacturer under §86.084–21(b)(4)(ii)(C), or

(ii) The engine reaches its engine family's useful life.

(3) If the useful life of a specific light-duty truck or heavy-duty engine is found to be less than 5 years or 50,000 miles (or the equivalent), the useful life shall be a period of use of 5 years or 50,000 miles (or the equivalent), whichever occurs first, as required by section 202(d)(2) of the Act.

(4) For purpose of identification this option shall be known as the average useful-life period.

(c)(1) As an option for a light-duty truck engine family, a period of use of 12 years or 130,000 miles, whichever occurs first.

(2) As an option for a gasoline heavy-duty engine family, a period of use of 10 years or 120,000 miles, whichever occurs first.

(3) As an option for a diesel heavy-duty engine family, a period of use of 10 years or 120,000 miles, whichever occurs first, for engines certified for use in vehicles of less than 19,500 pounds GVWR; a period of use of 10 years or 200,000 miles, whichever occurs first, for engines certified for use in vehicles of 19,501–26,000 pounds GVWR; or, a period of use of 10 years or 275,000 miles, whichever occurs first, for engines certified for use in vehicles whose GVWR exceeds 26,000 pounds.

(4) As an option for both light-duty truck and heavy-duty engine families, an alternate full-life value assigned by the Administrator under §86.084–21(b)(4)(ii)(B)( 4 ).

(5) For purpose of identification these options shall be known as the assigned useful-life period options.

(6) For those light-duty truck and heavy-duty engine families using the assigned useful-life period options, the warranty period for emissions defect warranty and emissions performance warranty shall be 5 years/50,000 miles for light-duty trucks, 5 years/50,000 miles for gasoline heavy-duty engines and for diesel heavy-duty engines certified for use in vehicle of less than 19,501 lbs. GVWR, and 5 years/100,000 miles for all other diesel heavy-duty engines. However, in no case may this period be less than the basic mechanical warranty period.

(7) The assigned useful-life period options, as detailed in paragraphs (c)(1) through (c)(6) of this section, are applicable for the 1984 model year only.

(d)(1) As an option for the 1984 model year and for the 1984 model year only, the useful life of light-duty trucks and heavy-duty engine families may be defined as prescribed in §86.077–2.

(2) For purpose of identification this option shall be known as the half-life useful-life option.

[45 FR 63747, Sept. 25, 1980, as amended at 47 FR 49811, Nov. 2, 1982; 48 FR 1412, Jan. 12, 1983; 48 FR 48607, Oct. 19, 1983; 49 FR 48136, Dec. 10, 1984; 70 FR 40433, July 13, 2005]

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(a) Section numbering. (1) The model year of initial applicability is indicated by the last two digits of the 5-digit group. A section remains in effect for subsequent model years until it is superseded. The number following the hyphen designates what previous section is replaced by a future regulation.

Examples:   Section 86.077–6 applies to the 1977 and subsequent model years until superseded. If a §86.080–6 is promulgated it would take effect with the 1980 model year; §86.077–6 would not apply after the 1979 model year. Section 86.077–10 would be replaced by §86.078–10 beginning with the 1978 model year.

(2) Where a section still in effect references a section that has been superseded, the reference shall be interpreted to mean the superseding section.

(b) A section reference without a model year suffix refers to the section applicable for the appropriate model year.

(c) Construction. Except where indicated, the language in this subpart applies to both vehicles and engines. In many instances, language referring to engines is enclosed in parentheses and immediately follows the language discussing vehicles.

[45 FR 63747, Sept. 25, 1980, as amended at 59 FR 48492, Sept. 21, 1994]

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The definitions of §86.084–2 remain effective. The definitions listed in this section apply beginning with the 1985 model year.

Abnormally treated vehicle, any diesel light-duty vehicle or diesel light-duty truck that is operated for less than five miles in a 30 day period immediately prior to conducting a particulate emissions test.

Composite particulate standard, for a manufacturer which elects to average diesel light-duty vehicles and diesel light-duty trucks together in the particulate averaging program, means that standard calculated according to the following equation and rounded to the nearest hundredth gram-per-mile:

Where:

PROD_LDVrepresents the manufacturer's total diesel light-duty vehicle production for those engine families being included in the average for a given model year.

STD_LDVrepresents the light-duty vehicle particulate standard.

PROD_LDTrepresents the manufacturer's total diesel light-duty truck production for those engine families being included in the average for a given model year.

STD_LDTrepresents the light-duty truck particulate standard.

Family particulate emission limit means the diesel particulate emission level to which an engine family is certified in the particulate averaging program, expressed to an accuracy of one hundredth gram-per-mile.

Incomplete gasoline-fueled heavy-duty vehicle means any gasoline-fueled heavy-duty vehicle which does not have the primary load-carrying device, or passenger compartment, or engine compartment or fuel system attached.

Production-weighted average means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its diesel engine families included in the 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 these 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.

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.

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 a gasoline-fueled heavy-duty engine family (and in the case of evaporative emission regulations, for gasoline-fueled heavy-duty vehicles), a period of use of 8 years or 110,000 miles, whichever first occurs.

(d) For a diesel heavy-duty engine family:

(1) For light heavy-duty diesel engines, a 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 §86.085–21.

(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, gasoline 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.

[48 FR 33462, July 21, 1983, as amended at 48 FR 52184, Nov. 16, 1983; 52 FR 47863, Dec. 16, 1987]

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(a) An incomplete truck less than 8,500 pounds gross vehicle weight rating shall be classified by the manufacturer as a light-duty truck or as a heavy-duty vehicle. Incomplete light-duty trucks shall be described in the manufacturer's application for certification. The frontal area and curb weight used for certification purposes shall be specified on the label required in §86.085–35(d). Incomplete heavy-duty trucks must be labeled as required in §86.085–35(e) and §86.085–35(g).

(b) [Reserved]

[48 FR 1439, Jan. 12, 1983]

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(a) Any manufacturer obtaining certification under this part shall supply to the Administrator, upon request, a reasonable number of production vehicles (or engines) selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmission offered and typical of production models available for sale under the certificate. These vehicles (or engines) shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. Heavy-duty engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer.

(b)(1) Any manufacturer of light-duty vehicles or light-duty trucks obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of vehicles domestically produced for sale in the United States and the number of vehicles produced and imported for sale in the United States during the preceding year. Such information shall also include the number of vehicles produced for sale pursuant to §88.204–94(b) of this chapter. A manufacturer may elect to provide this information every 60 days instead of yearly by combining it with the notification required under §86.079–36. The notification must be submitted 30 days after the close of the reporting period. A manufacturer may combine the information required under §86.1712(b) with the information included in paragraphs (b)(1) (i) through (iv) of this section into the report required under this section. The vehicle production information required shall be submitted as follows:

(i) Total production volume expressed in terms of units produced;

(ii) Model type production volume, expressed for each model type in terms of units produced and as a percentage of total production;

(iii) Base level production volume, expressed for each base level in terms of units produced and as percentage of:

(A) Total production of its respective model type(s), and

(B) Total production; and

(iv) Vehicle configuration production volume, expressed for each vehicle configuration in terms of units produced, and as a percentage of the total production of its respective base level. In addition, each vehicle configuration shall be identified by its appropriate engine-system combination.

(2) All light-duty vehicles and light-duty trucks covered by a certificate of conformity under §86.082–30(a) shall be adjusted by the manufacturer to the ignition or injection timing specification detailed in §86.079–36(a)(1)(iii)(D).

(c) Any heavy-duty engine or gasoline-fueled heavy-duty vehicle manufacturer obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of engines or vehicles of such engine family-evaporative emission family-engine displacement-exhaust emission control system-fuel system combination produced for sale in the United States during the preceding year.

(d) The following definitions apply to this section:

(1) Model type means a unique combination of car line, basic engine, and transmission class.

(2) Base level means a unique combination of basic engine, inertia weight, and transmission class.

(3) Vehicle configuration means a unique combination of basic engine, engine code, inertia weight, transmission configuration, and axle ratio within a base level.

[48 FR 1455, Jan. 12, 1983, as amended at 59 FR 50073, Sept. 30, 1994; 62 FR 31233, June 6, 1997]

Effective Date Note:   At 62 FR 31233, June 6, 1997, §86.085–37 was amended by revising paragraph (b)(1) introductory text. That text contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.

§ 86.087-2   Definitions.

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Composite particulate standard for a manufacturer which elects to average diesel light-duty vehicles and diesel light-duty trucks with a loaded vehicle weight equal to or less than 3,750 lbs (LDDT1s) together in the particulate averaging program, means that standard calculated according to the following equation and rounded to the nearest hundredth gram per mile:

Where:

PROD_LDVrepresents the manufacturer's total light-duty vehicle production for those engine families being included in the average for a given model year.

STD_LDVrepresents the light-duty vehicle particulate standard.

PROD_LDDT1represents the manufacturer's total diesel light-duty truck production for those engine families with a loaded vehicle weight equal to or less than 3,750 lbs which are being included in the average for a given model year.

STD_LDDT1represents the light-duty truck particulate standard for diesel light-duty trucks with a loaded vehicle weight equal to or less than 3,750 lbs.

Production-weighted average means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its diesel engine families included in the 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 these terms, and dividing the sum by the total production of the affected 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. Diesel light-duty trucks with a loaded vehicle weight equal to or greater than 3,751 lbs (LDDT2s) shall only be averaged with other diesel light-duty trucks with a loaded vehicle weight equal to or greater than 3,751 lbs produced by that manufacturer.

[53 FR 43875, Oct. 31, 1988]

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(a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in §86.087–8, §86.087–9, §86.087–10, or §86.087–11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of §86.087–25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. For light-duty vehicle manufacturers optionally complying with §86.087–25(a) for the 1987 model year, the Administrator approves any scheduled maintenance allowed by §86.087–25(a) as being reasonable and necessary.

(1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language.

(2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions.

(b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under §86.087–25 (or under §86.085–25(a), for light-duty vehicle families optionally complying with that section for the 1987 model year).

(c) Scheduled emission-related maintenance in addition to that performed under §86.087–25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under §86.087–25(b).

(d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by the Administrator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section: Provided, That such instructions clearly state, in a form approved by the Administrator, that the owner need not perform such inspections or recommended maintenance in order to maintain the emission warranty or manufacturer recall liability.

(e) If the vehicle has been granted an alternative useful life period under the provisions of §86.087–21(f), the manufacturer may choose to include in such instructions an explanation of the distinction between the alternative useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the label represents the average period of use up to retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the average useful life may be included. The explanation(s) shall be in clear, non-technical language that is understandable to the ultimate purchaser.

(f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this section shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10693, Mar. 15, 1985, as amended at 51 FR 24610, July 7, 1986]

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The definitions in §86.085–2 remain effective. The definitions in this section apply beginning with the 1988 model year.

Composite NO _X standard, for a manufacturer which elects to average light-duty trucks subject to the NO_Xstandard of §86.088–9(a)(iii)(A) together with those subject to the NO_Xstandard of §86.088–9(a)(iii)(B) in the light-duty truck NO_Xaveraging program, means that standard calculated according to the following equation and rounded to the nearest one-tenth gram per mile:

Where:

PROD_A= The manufacturer's total light-duty truck production for those engine families subject to the standard of §86.088–9(a)(iii)(A) and included in the average for a given model year,

STD_A= The NO_Xstandard of §86.088–9(a)(iii)(A),

PROD_B= The manufacturer's total light-duty truck production for those engine families subject to the standard of §86.088–9(a)(iii)(B) and included in the average for a given model year, and

STD_B= The NO_Xstandard of §86.088–9(a)(iii)(B).

Critical emission-related components are those components which are designed primarily for emission control, or whose failure may result in a significant increase in emissions accompanied by no significant impairment (or perhaps even an improvement) in performance, driveability, and/or fuel economy as determined by the Administrator.

Critical emission-related maintenance means that maintenance to be performed on critical emission-related components.

Emission-related maintenance means that maintenance which does substantially affect emissions or which is likely to affect the emissions deterioration of the vehicle or engine during normal in-use operation, even if the maintenance is performed at some time other than that which is recommended.

Family NO _X emission limit means the NO_Xemission level to which an engine family is certified in the light-duty truck NO_Xaveraging program, expressed to one-tenth of a gram per mile accuracy.

Non-emission-related maintenance means that maintenance which does not substantially affect emissions and which does not have a lasting effect on the emissions deterioration of the vehicle or engine during normal in-use operation once the maintenance is performed.

Production-weighted NO _X average means the manufacturer's production-weighted average NO_Xemission level, for certification purposes, of all of its light-duty truck engine families included in the NO_Xaveraging program. It is calculated at the end of the model year by multiplying each family NO_Xemission 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.

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 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.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10648, Mar. 15, 1985]

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The definitions in §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 NO_Xand 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 NO_Xand 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:

Where:

PROD_LDVrepresents 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.

STD_LDVrepresents the light-duty vehicle particulate standard.

PROD_LDTrepresents 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.

STD_LDTrepresents 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, 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 NO_Xor particulate NCPs must equal the value of the current NO_Xor 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.

Trading means the exchange of heavy-duty engine NO_Xor 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 §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]

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(a) The abbreviations in §86.078–3 remain effective. The abbreviations in this section apply beginning with the 1990 model year.

(b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, M, N, and P of this part, and have the following meanings:

DNPH—2,4-dinitrophenylhydrazine.

FEL—Family emission limit.

GC—Gas chromatograph.

HPLC—High-pressure liquid chromatography.

MeOH—Methanol (CH₃OH).

Mg—Megagram(s) (1 million grams)

MJ—Megajoule(s) (1 million joules)

THCE—Total Hydrocarbon Equivalent

UV—Ultraviolet.

[55 FR 30613, July 26, 1990, as amended at 60 FR 34335, June 30, 1995]

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(a)(1) Every new motor vehicle (or new motor vehicle engine) manufactured for sale, sold, offered for sale, introduced, or delivered for introduction to commerce, or imported into the United States for sale or resale which is subject to any of the standards prescribed in this subpart shall be covered by a certificate of conformity issued pursuant to §§86.090–21, 86.090–22, 86.090–23, 86.090–29, 86.090–30, 86.079–31, 86.079–32, 86.079–33, and 86.082–34.

(2) No heavy-duty vehicle manufacturer shall take any of the actions specified in section 203(a)(1) of the Act with respect to any Otto-cycle or diesel heavy-duty vehicle which uses an engine which has not been certified as meeting applicable standards.

(3) Notwithstanding paragraphs (a) (1) and (2) of this section, a light or heavy duty motor vehicle equipped with an engine certified to the nonroad provision of 40 CFR part 89 may be sold, offered for sale or otherwise introduced into commerce by a motor vehicle manufacturer to a secondary manufacturer if the motor vehicle manufacturer obtains written assurance from the secondary manufacturer that such vehicle will be converted to a nonroad vehicle or to a piece of nonroad equipment, as defined in 40 CFR part 89, before title is transferred to an ultimate purchaser. Failure of the secondary manufacturer to convert such vehicles to nonroad vehicles or equipment prior to transfer to an ultimate purchaser shall be considered a violation of section 203(a) (1) and (3) of the Clean Air Act.

(b)(1) Any system installed on or incorporated in a new motor vehicle (or new motor vehicle engine) to enable such vehicle (or engine) to conform to standards imposed by this subpart.

(i) Shall not in its operation or function cause the emission into the ambient air of any noxious or toxic substance that would not be emitted in the operation of such vehicle (or engine) without such system, except as specifically permitted by regulation; and

(ii) Shall not in its operation, function or malfunction result in any unsafe condition endangering the motor vehicle, its occupants, or persons or property in close proximity to the vehicle.

(2) In establishing the physically adjustable range of each adjustable parameter on a new motor vehicle (or new motor vehicle engine), the manufacturer shall ensure that, taking into consideration the production tolerances, safe vehicle driveability characteristics are available within that range, as required by section 202(a)(4) of the Clean Air Act.

(3) Every manufacturer of new motor vehicles (or new motor vehicle engines) subject to any of the standards imposed by this subpart shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicles (or motor vehicle engines) in accordance with good engineering practice to ascertain that such test vehicles (or test engines) will meet the requirements of this section for the useful life of the vehicle (or engine).

[54 FR 14460, Apr. 11, 1989, as amended at 61 FR 58106, Nov. 12, 1996]

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(a)(1) Exhaust emissions from 1990 and later model year light-duty vehicles shall not exceed (compliance with these standards is optional for 1990 model year methanol-fueled vehicles):

(i)(A) Hydrocarbons (for petroleum-fueled Otto-cycle and diesel vehicles). 0.41 gram per vehicle mile (0.26 gram per vehicle kilometer).

(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and diesel vehicles). 0.41 gram per vehicle mile (0.26 gram per vehicle kilometer).

(ii) Carbon monoxide. 3.4 grams per vehicle mile (2.1 grams per vehicle kilometer).

(iii) Oxides of nitrogen. 1.0 gram per vehicle mile (0.63 gram per vehicle kilometer).

(iv) Particulate (for diesel vehicles only). (A) 0.20 gram per vehicle mile (0.12 gram per vehicle kilometer).

(B) A manufacturer may elect to include all or some of its diesel light-duty vehicle engine families in the appropriate particulate averaging program (petroleum or methanol), provided that vehicles produced for sale in California or in designated high-altitude areas may be averaged only within each of these areas. Averaging is not permitted between fuel types. If the manufacturer elects to average light-duty vehicles and light-duty trucks together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks included in the average and is calculated as defined in §86.090–2.

(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures.

(b) Fuel evaporative emissions from 1990 and later model year light-duty vehicles shall not exceed (compliance with these standards is optional for l990 model year methanol-fueled engines):

(1) Hydrocarbons (for gasoline-fueled vehicles). 2.0 grams per test.

(2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 2.0 grams carbon per test.

(3) The standards set forth in paragraphs (b) (1) and (2) of this section refers to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.

(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1990 and later model year Otto-cycle or methanol-fueled diesel light-duty vehicle.

(d)–(f) [Reserved]

(g) Any 1990 and later model year light-duty vehicle that a manufacturer wishes to certify for sale shall meet the emission standards under both low- and high-altitude conditions as specified in §86.082–2, except as provided in paragraphs (h) and (i) of this section. Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. Any emission control device used to meet emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.

(h) The manufacturer may exempt 1990 and later model year vehicles from compliance at high altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles are not intended for sale at high altitude and if the requirements of paragraphs (h) (1) and (2) of this section are met.

(1) A vehicle configuration shall only be considered eligible for exemption under paragraph (h) of this section if the requirements of either paragraph (h) (l) (i), (ii), (iii), or (iv) of this section are met.

(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:

(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle configurations it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the equivalent vehicle test weight expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the 1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N/V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.

(B) The product line is then defined by the equation, N/V=C(D/W)⁻⁰, where the constant, C, is determined by the requirement that all the vehicle data points either fall on the line or lie to the upper right of the line as displayed on the graphs.

(C) The exemption line is then defined by the equation, N/V=C(0.84 D/W)^−0.9, where the constant, C is the same as that found in paragraph (h)(1)(i)(B) of this section.

(D) The exempted range includes all values of N/V and D/W which simultaneously fall to the lower left of the exemption line as drawn on the graph.

(ii) Its design parameters fall within the alternate exempted range for that manufacturer that year. The alternate exempted range is determined by substituting rated horsepower (hp) for displacement (D) in the exemption procedure described in paragraph (h)(1)(i) of this section and by using the product line N/V=C(hp/W)^−0.9.

(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349, or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.

(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (h)(1)(i) of this section.

(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 miles per hour to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:

(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.

(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicle configurations which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (h)(1)(iii)(A) of this section.

(iv) In lieu of performing the test procedure of paragraphs (h)(1)(iii) (A) and (B) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.

(2) A vehicle shall only be considered eligible for exemption under this paragraph if at least one configuration of its model type (and transmission configuration in the case of vehicles equipped with manual transmissions, excluding differences due to the presence of overdrive) is certified to meet emission standards under high-altitude conditions as specified in paragraph (a) through (g) of this section. The Certificate of Conformity (the Certificate) covering any exempted configuration(s) will also apply to the corresponding non-exempt configuration(s) required under this subparagraph. As a condition to the exemption, any suspension, revocation, voiding, or withdrawal of the Certificate as it applies to a non-exempt configuration for any reason will result in a suspension of the Certificate as it applies to the corresponding exempted configuration(s) of that model type, unless there is at least one other corresponding non-exempt configuration of the same model type still covered by the Certificate. The suspension of the Certificate as it applies to the exempted configuration(s) will be terminated when any one of the following occurs:

(i) Another corresponding non-exempt configuration(s) receive(s) coverage under the Certificate; or

(ii) Suspension of the Certificate as it applies to the corresponding non-exempt configuration(s) is terminated; or

(iii) The Agency's action(s), with respect to suspension, revocation, voiding or withdrawal of the Certificate as it applies to the corresponding non-exempt configuration(s), is reversed.

(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h) of this section will be considered a violation of Section 203(a)(1) of the Clean Air Act.

(i)(1) The manufacturers may exempt 1990 and later model year vehicles from compliance at low altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles:

(i) Are not intended for sale at low altitude; and

(ii) Are equipped with a unique, high-altitude axle ratio (rear-wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel drive vehicles) with a higher N/V ratio than other configurations of that model type which are certified in compliance with the emission standards of paragraphs (a) and (b) of this section under low-altitude conditions.

(2) The sale of a vehicle for principal use at low altitude that has been exempted as set forth in paragraph (h)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.

[54 FR 14461, Apr. 11, 1989]

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(a) The Administrator may, on the basis of written application by a manufacturer, prescribe test procedures, other than those set forth in this part, for any light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle which the Administrator determines is not susceptible to satisfactory testing by the procedures set forth in this part.

(b) If the manufacturer does not submit a written application for use of special test procedures but the Administrator determines that a light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle is not susceptible to satisfactory testing by the procedures set forth in this part, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection in accordance with the provisions of §86.090–22(c).

[54 FR 14481, Apr. 11, 1989]

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The definitions of §86.090–2 remain effective. The definitions listed in this section apply beginning with the 1991 model year.

Urban bus means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers and intended primarily for intra-city operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines.

[55 FR 30619, July 26, 1990]

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(a) The manufacturer of any new motor vehicle (or new motor vehicle engine) subject to any of the standards or procedures prescribed in this subpart shall establish, maintain and retain the following adequately organized and indexed records.

(1) General records. (i) The records required to be maintained by this paragraph shall consist of:

(A) Identification and description of all certification vehicles (or certification engines) for which testing is required under this subpart.

(B) A description of all emission control systems which are installed on or incorporated in each certification vehicle (or certification engine).

(C) A description of all procedures used to test each such certification vehicle (or certification engine).

(ii) A properly filed application for certification, following the format prescribed by the US EPA for the appropriate model year, fulfills each of the requirements of this paragraph (a)(1).

(2) Individual records. (i) A brief history of each motor vehicle (or motor vehicle engine) used for certification under this subpart including:

(A) In the case where a current production engine is modified for use in a certification vehicle (or as a certification engine), a description of the process by which the engine was selected and of the modifications made. In the case where the engine for a certification vehicle (or certification engine) is not derived from a current production engine, a general description of the buildup of the engine ( e.g., experimental heads were cast and machined according to supplied drawings, etc.). In both cases above, a description of the origin and selection process for carburetor, distributor, fuel system components, fuel injection components, emission control system components, smoke exhaust emission control system components, and exhaust aftertreatment devices as applicable, shall be included. The required descriptions shall specify the steps taken to assure that the certification vehicle (or certification engine) with respect to its engine, drivetrain, fuel system, emission control system components, exhaust aftertreatment devices, smoke exhaust emission control system components, vehicle weight or any other devices or components, as applicable, that can reasonably be expected to influence exhaust or evaporative emissions, as applicable, will be representative of production vehicles (or engines) and that either all components and/or vehicles (or engine) construction processed, component inspection and selection techniques, and assembly techniques employed in constructing such vehicles (or engines) are reasonably likely to be implemented for production vehicles (or engines) or that they are as closely analogous as practicable to planned construction and assembly processed.

(B) A complete record of all emission tests performed (except tests performed by EPA directly), including test results, the date and purpose of each test, and the number of miles accumulated on the vehicle (or the number of hours accumulated on the engine).

(C) The date of each mileage (or service) accumulation run, listing the mileage (or number of operating hours) accumulated.

(D) [Reserved]

(E) A record and description of all maintenance and other servicing performed, giving the date of the maintenance or service and the reason for it.

(F) A record and description of each test performed to diagnose engine or emission control system performance, giving the date and time of the test and the reason for it.

(G) [Reserved]

(H) A brief description of any significant events affecting the vehicle (or engine) during any time in the period covered by the history not described by an entry under one of the previous headings including such extraordinary events as vehicle accidents (or accidents involving the engine) or dynamometer runaway.

(ii) Each such history shall be started on the date that the first of any of the selection or buildup activities in paragraph (a)(2)(i)(A) of this section occurred with respect to the certification vehicle (or engine) changes or additional work is done on it, and shall be kept in a designated location.

(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of six (6) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, ADP diskettes, etc., depending on the record retention procedures of the manufacturer; Provided, That in every case all the information contained in the hard copy shall be retained.

(b) The manufacturer of any new motor vehicle (or new motor vehicle engine) subject to any of the standards prescribed in this subpart shall submit to the Administrator at the time of issuance by the manufacturer copies of all instructions or explanations regarding the use, repair, adjustment, maintenance, or testing of such vehicle (or engine) relevant to the control of crankcase, exhaust or evaporative emissions, as applicable, issued by the manufacturer for use by other manufacturers, assembly plants, distributors, dealers, and ultimate purchasers, Provided, That any material not translated into the English language need not be submitted unless specifically requested by the Administrator.

(c)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any new vehicle or engine that is certified under averaging, trading, or banking programs (as applicable) shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle or heavy-duty engine produced:

(i) EPA engine family.

(ii) Vehicle (or engine) identification number.

(iii) Vehicle (or engine) model year and build date.

(iv) BHP rating (heavy-duty engines only).

(v) Purchaser and destination.

(vi) Assembly plant.

(2) The manufacturer (or contractor for the manufacturer, if applicable) of any new vehicle or engine family that is certified under averaging, trading, or banking programs (as applicable) shall establish, maintain, and retain the following adequately organized and indexed records for each such family:

(i) EPA engine family.

(ii) FEL.

(iii) BHP conversion factor and the transient test BHP for each configuration tested (heavy-duty engines only).

(iv) Useful life.

(v) Projected U.S. production volume for the model year.

(vi) Actual U.S. production volume for the model year.

(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of six years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure; Provided, That in every case all the information contained in the hard copy is retained.

(4) Nothing in this section limits the Administrator's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section.

(5) Pursuant to a request made by the Administrator, the manufacturer shall submit to him the information that is required to be retained.

(6) EPA may void ab initio a certificate of conformity for a vehicle or engine family for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.

(7) Any engine family using NCPs must comply with the provisions established in the NCP program provided by 40 CFR part 86, subpart L.

(8) Any manufacturer, producing an engine family participating in trading using reserved credits, shall maintain the following records on a quarterly basis for each engine family in the trading subclass:

(i) The engine family,

(ii) The averaging set,

(iii) The actual quarterly and cumulative U.S. production volumes,

(iv) The value required to calculate credits as given in §86.091–15,

(v) The resulting type [NO_Xor particulate] and number of credits generated/required,

(vi) How and where credit surpluses are dispersed, and

(vii) How and through what means credit deficits are met.

(d)(1) Any manufacturer who has applied for certification of a new motor vehicle (or new motor vehicle engine) subject to certification test under this subpart shall admit or cause to be admitted any EPA Enforcement Officer or any EPA authorized representative during operating hours on presentation of credentials to any of the following:

(i) Any facility where any such tests or any procedures or activities connected with such test are or were performed.

(ii) Any facility where any new motor vehicle (or new motor vehicle engine) which is being, was, or is to be tested is present.

(iii) Any facility where any construction process or assembly process used in the modification or build up of such a vehicle (or engine) into a certification vehicle (or certification engine) is taking place or has taken place.

(iv) Any facility where any record or other document relating to any of the above is located.

(v) Any facility where any record or other document relating to the information specified in paragraph (c) of this section is located.

(2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:

(i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment;

(ii) To inspect and make copies of any such records, designs, or other documents, including those records specified in paragraph (c) of this section; and

(iii) To inspect and/or photograph any part or aspect of any such certification vehicle (or certification engine) and any components to be used in the construction thereof.

(3) In order to allow the Administrator to determine whether or not production motor vehicles (or production motor vehicle engines) conform to the conditions upon which a certificate of conformity has been issued, or conform in all material respects to the design specifications which applied to those vehicles (or engines) described in the application for certification for which a certificate of conformity has been issued to standards prescribed under section 202 of the Act, any manufacturer shall admit any EPA Enforcement Officer or any EPA authorized representative on presentation of credentials to both:

(i) Any facility where any document, design, or procedure relating to the translation of the design and construction of engines and emission related components described in the application for certification or used for certification testing into production vehicles (or production engines) is located or carried on;

(ii) Any facility where any motor vehicles (or motor vehicle engines) to be introduced into commerce are manufactured or assembled; and

(iii) Any facility where records specified in paragraph (c) of this section are located.

(4) On admission to any such facility referred to in paragraph (d)(4) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:

(i) To inspect and monitor any aspects of such manufacture or assembly and other procedures;

(ii) To inspect and make copies of any such records, documents or designs;

(iii) To inspect and photograph any part or aspect of any such new motor vehicles (or new motor vehicle engines) and any component used in the assembly thereof that are reasonably related to the purpose of his entry; and

(iv) To inspect and make copies of any records and documents specified in paragraph (c) of this section.

(5) Any EPA Enforcement Officer or EPA authorized representative shall be furnished by those in charge of a facility being inspected with such reasonable assistance as he may request to help him discharge any function listed in this paragraph. Each applicant for or recipient of certification is required to cause those in charge of a facility operated for its benefit to furnish such reasonable assistance without charge to EPA whether or not the applicant controls the facility.

(6) The duty to admit or cause to be admitted any EPA Enforcement Officer or EPA authorized representative applies whether or not the applicant owns or controls the facility in question and applies both to domestic and to foreign manufacturers and facilities. EPA will not attempt to make any inspections which it has been informed that local law forbids. However, if local law makes it impossible to do what is necessary to insure the accuracy of data generated at a facility, no informed judgment that a vehicle or engine is certifiable or is covered by a certificate can properly be based on those data. It is the responsibility of the manufacturer to locate its testing and manufacturing facilities in jurisdictions where this situation will not arise.

(7) For purposes of this paragraph:

(i) Presentation of credentials shall mean display of the document designating a person as an EPA Enforcement Officer or EPA authorized representative.

(ii) Where vehicle, component, or engine storage areas or facilities are concerned, operating hours shall mean all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.

(iii) Where facilities or areas other than those covered by paragraph (d)(7)(ii) of this section are concerned, operating hours shall mean all times during which an assembly line is in operation or all times during which testing, maintenance, mileage (or service) accumulation, production or compilation of records, or any other procedure or activity related to certification testing, to translation of designs from the test stage to the production stage, or to vehicle (or engine) manufacture or assembly is being carried out in a facility.

(iv) Reasonable assistance includes, but is not limited to, clerical, copying, interpretation and translation services, the making available on request of personnel of the facility being inspected during their working hours to inform the EPA Enforcement Officer or EPA authorized representative of how the facility operates and to answer his questions, and the performance on request of emissions tests on any vehicle (or engine) which is being, has been, or will be used for certification testing. Such tests shall be nondestructive, but may require appropriate mileage (or service) accumulation. A manufacturer may be compelled to cause the personal appearance of any employee at such a facility before an EPA Enforcement Officer or EPA authorized representative by written request for his appearance, signed by the Assistant Administrator for Air and Radiation, served on the manufacturer. Any such employee who has been instructed by the manufacturer to appear will be entitled to be accompanied, represented, and advised by counsel.

(v) Any entry without 24 hour prior written or oral notification to the affected manufacturer shall be authorized in writing by the Assistant Administrator for Air and Radiation.

(8) EPA may void ab initio a certificate of conformity for vehicle or engine families introduced into commerce if the manufacturer (or contractor for the manufacturer, if applicable) fails to comply with any provision of this section.

(e) EPA Enforcement Officers or EPA authorized representatives are authorized to seek a warrant or court order authorizing the EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section, as appropriate, to execute the functions specified in this section. EPA Enforcement Officers or EPA authorized representatives may proceed ex parte to obtain a warrant whether or not the Enforcement Officers first attempted to seek permission of the manufacturer or the party in charge of the facilities in question to conduct activities related to entry and access as authorized in this section.

(f) A manufacturer shall permit EPA Enforcement Officers or EPA authorized representatives who present a warrant or court order as described in paragraph (e) of this section to conduct activities related to entry and access as authorized in this section and as described in the warrant or court order. The manufacturer shall cause those in charge of its facility or facility operated for its benefit to permit EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section pursuant to a warrant or court order whether or not the manufacturer controls the facility. In the absence of such a warrant or court order, EPA Enforcement Officers or EPA authorized representatives may conduct activities related to entry and access as authorized in this section only upon the consent of the manufacturer or the party in charge of the facilities in question.

(g) It is not a violation of this part or the Clean Air Act for any person to refuse to permit EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section without a warrant or court order.

[55 FR 30619, July 26, 1990]

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(a)(1) Exhaust emissions from new 1991 and later model year Otto-cycle heavy-duty engines shall not exceed (compliance with these standards is optional through the 1996 model year natural gas- and liquefied petroleum gas-fueled heavy-duty engines):

(i) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas, and intended for use in all vehicles except as provided in paragraph (a)(3) of this paragraph.

(A) Hydrocarbons. 1.1 grams per brake horsepower-hour (0.41 gram per megajoule), as measured under transient operating conditions.

(B) Carbon monoxide. ( 1 ) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions.

( 2 ) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas and utilizing aftertreatment technology. 0.50 percent of exhaust gas flow at curb idle.

(C) Oxides of nitrogen. ( 1 ) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.

( 2 ) A manufacturer may elect to include any or all of its gasoline-fueled Otto-cycle heavy duty engine families in any or all of the NO_Xaveraging, trading, or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading, or banking programs.

( 3 ) A manufacturer may elect to include any or all of its liquefied petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO_Xaveraging, trading, or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.

(ii) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas, and intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs.

(A) Hydrocarbons. 1.9 grams per brake horsepower-hour (0.71 gram per megajoule), as measured under transient operating conditions.

(B) Carbon monoxide. ( 1 ) 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions.

( 2 ) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas and utilizing aftertreatment technology. 0.50 percent of exhaust gas flow at curb idle.

(C) Oxides of nitrogen. ( 1 ) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.

( 2 ) A manufacturer may elect to include any or all of its gasoline-fueled Otto-cycle heavy-duty engine families in any or all of the NO_Xaveraging, trading, or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.

( 3 ) A manufacturer may elect to include any or all of its liquefied petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO_Xaveraging, trading or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.

(iii) For methanol-fueled Otto-cycle heavy-duty engines intended for use in all vehicles, except as provided in paragraph (a)(3) of this section.

(A) Total Hydrocarbon Equivalent. 1.1 gram per brake horsepower-hour (0.41 gram per megajoule), as measured under transient operating conditions.

(B) Carbon monoxide. ( 1 ) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions.

( 2 ) 0.50 percent of exhaust gas flow at curb idle.

(C) Oxides of nitrogen. ( 1 ) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.

( 2 ) A manufacturer may elect to include any or all of its methanol-fueled Otto-cycle heavy-duty engine families in any or all of the NO_Xaveraging, trading, or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.

(iv) For methanol-fueled Otto-cycle heavy-duty engines intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs.

(A) Total Hydrocarbon Equivalent. 1.9 grams per brake horsepower-hour (0.71 gram per megajoule), as measured under transient operating conditions.

(B) Carbon monoxide. ( 1 ) 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions.

( 2 ) 0.50 percent of exhaust gas flow at curb idle.

(C) Oxides of nitrogen. ( 1 ) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.

( 2 ) A manufacturer may elect to include any or all of its methanol-fueled Otto-cycle heavy-duty engine families in any or all of the NO_Xaveraging, trading, or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.

(v) For natural gas-fueled Otto-cycle heavy-duty engines intended for use in all vehicles except as provided in paragraph (a)(3) of this section.

(A) Nonmethane hydrocarbons. 0.9 gram per brake horsepower-hour (0.33 gram per megajoule), as measured under transient operating conditions.

(B) Carbon monoxide. ( 1 ) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions.

( 2 ) For natural gas-fueled Otto-cycle heavy-duty engines utilizing aftertreatment technology. 0.50 percent of exhaust flow at curb idle.

(C) Oxides of nitrogen. ( 1 ) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.

( 2 ) A manufacturer may elect to include any or all of its natural gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO_Xaveraging, trading or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.

(vi) For natural gas-fueled Otto-cycle engines intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs.

(A) Nonmethane hydrocarbons. 1.7 grams per brake horsepower-hour (0.63 gram per megajoule), as measured under transient operating conditions.

(B) Carbon monoxide. ( 1 ) 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions.

( 2 ) For natural gas-fueled Otto-cycle heavy-duty engines utilizing aftertreatment technology. 0.50 percent of exhaust gas flow at curb idle.

(C) Oxides of nitrogen. (1 ) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.

( 2 ) A manufacturer may elect to include any or all of its natural gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO_Xaveraging, trading or banking programs for heavy-duty engines, within the restrictions described in §86.091–15. If the manufacturer elects to include engine families in any of these programs, the NO_XFELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.

(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.

(3)(i) A manufacturer may certify one or more Otto-cycle heavy-duty engine configurations intended for use in all vehicles to the emission standards set forth in paragraphs (a)(1)(ii), (a)(1)(iv) or (a)(1)(vi) of this section: Provided, that the total model year sales of such configuration(s), segregated by fuel type, being certified to the emission standards in paragraph (a)(1)(ii) of this section represent no more than five percent of total model year sales of each fuel type Otto-cycle heavy-duty engine intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.

(ii) The configurations certified to the emission standards of paragraphs (a)(1) (ii), (iv) and (vi) of this section under the provisions of paragraph (a)(3)(i) of this section shall still be required to meet the evaporative emission standards set forth in paragraphs (b)(1)(i), (b)(2)(i) and (b)(3)(i) of this section.

(b) Evaporative emissions from 1991 and later model year heavy-duty vehicles shall not exceed:

(1) Hydrocarbons (for vehicles equipped with gasoline-fueled engines). (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs, 3.0 grams per test.

(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs, 4.0 grams per test.

(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, 3.0 grams per test.

(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs, 4.0 grams per test.

(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 set forth in subpart M and measured in accordance with those procedures.

(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) 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 §86.091–23(b)(4)(ii)).

(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1991 or later model year Otto-cycle heavy-duty engine.

(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 paragraphs (a) and (c) of this section.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10652, Mar. 15, 1985, as amended at 54 FR 14464, Apr. 11, 1989; 55 FR 30622, July 26, 1990; 59 FR 48492, Sept. 21, 1994]

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(a)(1) Paragraph (a) of this section applies to light-duty vehicles and light-duty trucks.

(2) The Administrator may require that any one or more of the test vehicles be submitted to him, at such place or places as he may designate, for the purposes of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.

(3)(i) Whenever the Administrator conducts a test segment on a test vehicle, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the vehicle at the prescribed test point and the manufacturer's data for that test segment for that prescribed test point shall not be used in determining compliance with emission standards (or family emission limits, as appropriate). The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.

(ii) Whenever the Administrator does not conduct a test on a test vehicle at a test point, the manufacturer's test data will be accepted as the official data for that point: Provided, That if the Administrator makes a determination based on testing under paragraph (a)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, And further provided, That if the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provisions of this part, the Administrator may refuse to accept that data as the official data pending retesting or submission or further information. If the manufacturer conducts more than one test on a vehicle, as authorized under §86.084–26 (a)(3)(i)(A) or (b)(4)(i)(A), the data from the last test in that series of tests on that vehicle, will constitute the official data.

(iii)(A)( 1 ) The Administrator may adjust or cause to be adjusted any adjustable parameter of an emission-data vehicle or engine which the Administrator has determined to be subject to adjustment for certification and Selective Enforcement Audit testing in accordance with §86.085–22(e)(1), to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with §86.085–22(e)(3)(i), prior to the performance of any tests to determine whether such vehicle or engine conforms to applicable emission standards, including tests performed by the manufacturer under §86.091–23(c)(1). However, if the idle speed parameter is one which the Administrator has determined to be subject to adjustment, the Administrator shall not adjust it to a setting which causes a higher engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter on the engine before it accumulated any dynamometer service, all other parameters being identically adjusted for the purpose of the comparison. The Administrator, in making or specifying such adjustments, will consider the effect of the deviation from the manufacturer's recommended setting on emissions performance characteristics as well as the likelihood that similar settings will occur on in-use light-duty vehicles or light-duty trucks. In determining likelihood, the Administrator will consider factors such as, but not limited to, the effect of the adjustment on vehicle performance characteristics and surveillance information from similar in-use vehicles.

( 2 ) For those vehicles or engine parameters which the Administrator has not determined to be subject to adjustment during certification and Selective Enforcement Audit testing in accordance with §86.085–22(e)(1), the emission-data vehicle presented to the Administrator for testing shall be calibrated within the production tolerances applicable to the manufacturer's specifications to be shown on the vehicle label (see §86.091–35 (a)(1)(iii)(D) or (a)(2)(iii)(D)) as specified in the application for certification. If the Administrator determines that a vehicle is not within such tolerances, the vehicle will be adjusted, at the facility designated by the Administrator, prior to the test and an engineering report shall be submitted to the Administrator describing the corrective action taken. Based on the engineering report, the Administrator will determine if the vehicle will be used as an emission-data vehicle.

(B) If the Administrator determines that the test data developed on an emission-data vehicle under paragraph (a)(3)(i) of this section would cause that vehicle to fail due to excessive 4,000-mile emissions or by application of the appropriate deterioration factor, then the following procedure shall be observed:

( 1 ) The manufacturer may request a retest. Before the retest, those vehicle or engine parameters which the Administrator has not determined to be subject to adjustment for certification and Selective Enforcement Audit testing in accordance with §86.085–22(e)(1) may be readjusted to manufacturer's specification, if these adjustments were made incorrectly prior to the first test. The Administrator may adjust or cause to be adjusted any parameter which the Administrator has determined to be subject to adjustment to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with §86.085–22(e)(3)(i). Other maintenance or repairs may be performed in accordance with §86.088–25. All work on the vehicle shall be done at such location and under such conditions as the Administrator may prescribe.

( 2 ) The vehicle will be retested by the Administrator and the results of this test shall comprise the official data for the emission-data vehicle.

(iv) If sufficient durability data are not available at the time of any emission test conducted under paragraph (a)(2) of this section to enable the Administrator to determine whether an emission-data vehicle would fail, the manufacturer may request a retest in accordance with the provisions of paragraphs (a)(3)(iii) (A) and (B) of this section. If the manufacturer does not promptly make such request, he shall be deemed to have waived the right to a retest. A request for retest must be made before the manufacturer removes the vehicle from the test premises.

(b)(1) Paragraph (b) of this section applies to heavy-duty engines.

(2) The Administrator may require that any one or more of the test engines be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.

(3)(i) Whenever the Administrator conducts a test on a test engine the results of that test, unless subsequently invalidated by the Administrator, shall comprise the official data for the engine at that prescribed test point and the manufacturer's data for that prescribed test point shall not be used in determining compliance with emission standards (or family emission limits, as appropriate).

(ii) Whenever the Administrator does not conduct a test on a test engine at a test point, the manufacturer's test data will be accepted as the official data for that test point: Provided, That if the Administrator makes a determination based on testing under paragraph (b)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, And further provided, That if the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provision of this part, the Administrator may refuse to accept that data as the official data pending retesting or submission of further information.

(iii)(A)( 1 ) The Administrator may adjust or cause to be adjusted any adjustable parameter of an emission-data engine which the Administrator has determined to be subject to adjustment for certification testing in accordance with §86.085–22(e)(1), to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with §86.085–22(e)(3)(i), prior to the performance of any tests to determine whether such engine conforms to applicable emission standards, including tests performed by the manufacturer under §86.088–23(c)(2). The Administrator, in making or specifying such adjustments, may consider the effect of the deviation from the manufacturer's recommended setting on emissions performance characteristics as well as the likelihood that similar settings will occur on in-use heavy-duty engines. In determining likelihood, the Administrator may consider factors such as, but not limited to, the effect of the adjustment on engine performance characteristics and surveillance information from similar in-use engines.

( 2 ) For those engine parameters which the Administrator has not determined to be subject to adjustment for certification testing in accordance with §86.085–22(e)(1), the emission-data engine presented to the Administrator for testing shall be calibrated within the production tolerances applicable to the manufacturer's specifications to be shown on the engine label (see §86.091–35(a)(3)(iii)) as specified in the application for certification. If the Administrator determines that an engine is not within such tolerances, the engine shall be adjusted at the facility designated by the Administrator prior to the test and an engineering report shall be submitted to the Administrator describing the corrective action taken. Based on the engineering report, the Administrator will determine if the engine shall be used as an emission-data engine.

(B) If the Administrator determines that the test data developed under paragraph (b)(3)(iii)(A) of this section would cause the emission-data engine to fail due to excessive 125-hour emission values or by the application of the appropriate deterioration factor, then the following procedure shall be observed:

( 1 ) The manufacturer may request a retest. Before the retest, those engine parameters which the Administrator has not determined to be subject to adjustment for certification testing in accordance with §86.085–22(e)(1) may be readjusted to the manufacturer's specifications, if these adjustments were made incorrectly prior to the first test. The Administrator may adjust or cause to be adjusted any parameter which the Administrator has determined to be subject to adjustment in accordance with §86.085–22(e)(3)(i). However, if the idle speed parameter is one which the Administrator has determined to be subject to adjustment, the Administrator shall not adjust it to a setting which causes a higher engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter on the engine before it accumulated any dynamometer service, all other parameters being identically adjusted for the purpose of the comparison. Other maintenance or repairs may be performed in accordance with §86.088–25. All work on the vehicle shall be done at such location and under such conditions as the Administrator may prescribe.

( 2 ) The engine will be retested by the Administrator and the results of this test shall comprise the official data for the emission-data engine.

(iv) If sufficient durability data are not available at the time of any emission test conducted under paragraph (b)(2) of this section to enable the Administrator to determine whether an emission-data engine would fail, the manufacturer may request a retest in accordance with the provisions of paragraph (b)(3)(iii)(B) (1) and (2) of this section. If the manufacturer does not promptly make such request, he shall be deemed to have waived the right to a retest. A request for retest must be made before the manufacturer removes the engine from the test premises.

(c)(1) Paragraph (c) of this section applies to gasoline-fueled and methanol-fueled heavy-duty vehicles.

(2) The Administrator may require that any one or more of the evaporative emission family-system combinations included in the manufacturer's statement(s) of compliance be installed on an appropriate vehicle and such vehicle be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.

(3)(i) Whenever the Administrator conducts a test segment on an evaporative emission family-system combination, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the evaporative emission family-system combination, and the manufacturer's data, analyses, etc., for that test segment shall not be used in determining compliance with emission standards. The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.

(ii) Whenever the Administrator does not conduct a test on an evaporative emission family-system combination, the manufacturer's test data will be accepted as the official data: Provided, That if the Administrator makes a determination, based on testing under paragraph (c)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, And further provided, That if the Administrator has reasonable basis to believe that any test data, analyses, or other information submitted by the manufacturer is not accurate or has been obtained in violation of any provision of this part, the Administrator may refuse to accept those data, analyses, etc., as the official data pending retesting or submission of further information.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10675, Mar. 15, 1985, as amended at 54 FR 14488, Apr. 11, 1989; 58 FR 16020, Mar. 24, 1993]

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The definitions of §86.091–2 remain effective. The definitions listed in this section apply beginning with the 1992 model year.

(a) Proven emission control systems are emission control components or systems (and fuel metering systems) that have completed full durability testing evaluation over a vehicle's useful life in some other certified engine family, or have completed bench or road testing demonstrated to be equal or more severe than certification mileage accumulation requirements. Alternatively, proven components or systems are those that are determined by EPA to be of comparable functional quality and manufactured using comparable materials and production techniques as components or systems which have been durability demonstrated in some other certified engine family. In addition, the components or systems must be employed in an operating environment (e.g., temperature, exhaust flow, etc.,) similar to that experienced by the original or comparable components or systems in the original certified engine family.

(b) Unproven emission control systems are emission control components or systems (and fuel metering systems) that do not qualify as proven emission control systems.

(c) Similar systems are engine, fuel metering and emission control system combinations which use the same fuel (e.g., gasoline, diesel, etc.), combustion cycle (i.e., two or four stroke), general type of fuel system (i.e., carburetor or fuel injection), catalyst system (e.g., none, oxidization, three-way plus oxidization, three-way only, etc.), fuel control system (i.e., feedback or non-feedback), secondary air system (i.e., equipped or not equipped) and EGR (i.e., equipped or not equipped).

(d) Conveniently available service facility and spare parts for small-volume manufacturers means that the vehicle manufacturer has a qualified service facility at or near the authorized point of sale or delivery of its vehicles and maintains an inventory of all emission-related spare parts or has made arrangements for the part manufacturers to supply the parts by expedited shipment (e.g., utilizing overnight express delivery service, UPS, etc.).

[55 FR 7187, Feb. 28, 1990]

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The definitions of §86.092–2 continue to apply. The definitions listed in this section apply beginning with the 1993 model year.

Bus means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers that is centrally fueled, and all urban buses. This definition only applies in the context of §§86.093–11 and 86.093–35.

Centrally fueled bus means a bus that is refueled at least 75 percent of the time at one refueling facility that is owned, operated, or controlled by the bus operator.

Urban bus means a passenger-carrying vehicle powered by a heavy heavy-duty diesel engine, or of a type normally powered by a heavy heavy-duty diesel engine, with a load capacity of fifteen or more passengers and intended primarily for intracity operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines.

[58 FR 15795, Mar. 24, 1993]

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(a) The provisions of this subpart generally apply to 1994 and later model year new Otto-cycle and diesel-cycle light-duty vehicles, 1994 and later model year new Otto-cycle and diesel-cycle light-duty trucks, and 1994 and later model year new Otto-cycle and diesel-cycle heavy-duty engines. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section or paragraph.

(b) Optional applicability. A manufacturer may request to certify any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions. Heavy-duty engine or vehicle provisions do not apply to such a vehicle.

(c)–(d) [Reserved]

(e) Small volume manufacturers. Special certification procedures are available for any manufacturer whose projected combined U.S. sales of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines in its product line (including all vehicles and engines imported under the provisions of §§85.1505 and 85.1509 of this chapter are fewer than 10,000 units for the model year in which the manufacturer seeks certification. To certify its product line under these optional procedures, the small-volume manufacturer must first obtain the Administrator's approval. The manufacturer must meet the eligibility criteria specified in §86.092–14(b) before the Administrator's approval will be granted. The small-volume manufacturer's certification procedures are described in §86.092–14.

(f) Optional procedures for determining exhaust opacity. (1) The provisions of subpart I of this part apply to tests which are performed by the Administrator, and optionally, by the manufacturer.

(2) Measurement procedures, other than that described in subpart I of this part, may be used by the manufacturer provided the manufacturer satisfies the requirements of §86.091–23(f).

(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I of this part. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements for subpart I of this part.

(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with data obtained in accordance with the procedures described in subpart I of this part, EPA may require that all certificates of conformity not already issued be based on data obtained from procedures described in subpart I of this part.

[58 FR 4002, Jan. 12, 1993]

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The definitions of §86.093–2 remain effective. The definitions listed in this section are effective beginning with the 1994 model year.

Adjusted Loaded Vehicle Weight means the numerical average of vehicle curb weight and GVWR.

Bi-directional control means the capability of a diagnostic tool to send messages on the data bus that temporarily overrides the module's control over a sensor or actuator and gives control to the diagnostic tool operator. Bi-directional controls do not create permanent changes to engine or component calibrations.

Data stream information means information (i.e., messages and parameters) originated within the vehicle by a module or intelligent sensors (i.e., a sensor that contains and is controlled by its own module) and transmitted between a network of modules and/or intelligent sensors connected in parallel with either one or two communication wires. The information is broadcast over the communication wires for use by other modules (e.g., chassis, transmission, etc.) to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration related information.

Defeat device means an auxilary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless:

(1) Such conditions are substantially included in the Federal emission test procedure;

(2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident; or

(3) The AECD does not go beyond the requirements of engine starting.

Durability useful life means the highest useful life mileage out of the set of all useful life mileages that apply to a given vehicle. The durability useful life determines the duration of service accumulation on a durability data vehicle. The determination of durability useful life shall reflect any alternative useful life mileages approved by the Administrator under §86.094–21(f). The determination of durability useful life shall exclude any standard and related useful life mileage for which the manufacturer has obtained a waiver of emission data submission requirements under §86.094–23(c)

Element of design means any control system (i.e., computer software, electronic control system, emission control system, computer logic), and/or control system calibrations, and/or the results of systems interaction, and/or hardware items on a motor vehicle or motor vehicle engine.

Engine warm-up cycle means sufficient vehicle operation such that the coolant temperature has risen by at least 40 °F from engine starting and reaches a minimum temperature of 160 °F.

Enhanced service and repair information means information which is specific for an original equipment manufacturer's brand of tools and equipment.

Equivalent test weight means the weight, within an inertia weight class, which is used in the dynamometer testing of a vehicle and which is based on its loaded vehicle weight or adjusted loaded vehicle weight in accordance with the provisions of subparts A and B of this part.

Gaseous fuel means natural gas or liquefied petroleum gas.

Generic service and repair information means information which is not specific for an original equipment manufacturer's brand of tools and equipment.

Heavy light-duty truck means any light-duty truck rated greater than 6000 lbs GVWR.

Indirect information means any information that is not specifically contained in the service literature, but is contained in items such as tools or equipment provided to franchised dealers (or others).

Intermediary means any individual or entity, other than an original equipment manufacturer, which provides service or equipment to automotive technicians.

Intermediate Temperature Cold Testing means testing done pursuant to the driving cycle and testing conditions contained in 40 CFR part 86, subpart C, at temperatures between 25 °F (−4 °C) and 68 °F (20 °C).

Light-duty truck 1 means any light light-duty truck up through 3750 lbs loaded vehicle weight.

Light-duty truck 2 means any light light-duty truck greater than 3750 lbs loaded vehicle weight.

Light-duty truck 3 means any heavy light-duty truck up through 5750 lbs adjusted loaded vehicle weight.

Light-duty truck 4 means any heavy light-duty truck greater than 5750 lbs adjusted loaded vehicle weight.

Light light-duty truck means any light-duty truck rated up through 6000 lbs GVWR.

Liquefied petroleum gas means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of species that are gases at atmospheric conditions (temperature = 25 °C and pressure = 1 atm), excluding natural gas.

Multi-fuel means capable of operating on two or more different fuel types, either separately or simultaneously.

Natural gas means a fuel whose primary constituent is methane.

Non-Methane Hydrocarbon Equivalent means the sum of the carbon mass emissions of non-oxygenated non-methane 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.

Petroleum fuel means liquid fuels normally derived from crude oil, excluding liquefied petroleum gas. Gasoline and diesel fuel are petroleum fuels.

Test weight basis means the basis on which equivalent test weight is determined in accordance with §86.129–94 of subpart B of this part.

Useful life means:

(a) For light-duty vehicles, and for model year 1994 and later light light-duty trucks not subject to the Tier 0 standards of paragraph (a) of §86.094–9, intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in §86.094–9.

(b) For light light-duty trucks subject to the Tier 0 standards of paragraph (a) of §86.094–9, and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is 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 or 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-duty diesel engines, a period of use of 8 years or 290,000 miles, whichever first occurs, except as provided in paragraph (d)(4) of this definition.

(4) for heavy heavy-duty diesel engines used in urban buses, for the particulate standard, a period of use of 10 years or 290,000 miles, whichever first occurs.

(e) As an option for both light-duty trucks under certain conditions and heavy-duty engine families, an alternative useful life period assigned by the Administrator under the provisions of paragraph (f) of §86.094–21.

(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.

[56 FR 25739, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 58 FR 4002, Jan. 12, 1993; 58 FR 9485, Feb. 19, 1993; 58 FR 15799, Mar. 24, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 60 FR 40496, Aug. 9, 1995]

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(a) The abbreviations in §86.090–3 remain effective. The abbreviations in this section apply beginning with the 1994 model year.

(b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, H, M, N and P of this part, and have the following meanings:

ALVW—Adjusted Loaded Vehicle Weight

LPG—Liquefied Petroleum Gas

NMHC—Nonmethane Hydrocarbons

NMHCE—Non-Methane Hydrocarbon Equivalent

PM—Particulate Matter

THC—Total Hydrocarbons

[56 FR 25740, June 5, 1991, as amended at 58 FR 33208, June 16, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995]

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Section 86.094–7 includes text that specifies requirements that differ from §86.091–7. Where a paragraph in §86.091–7 is identical and applicable to §86.094–7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see §86.091–7.” Where a corresponding paragraph of §86.091–7 is not applicable, this is indicated by the statement “[Reserved].”

(a) Introductory text through (a)(2) [Reserved]. For guidance see §86.091–7.

(a)(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of eight (8) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided, that in every case all the information contained in the hard copy shall be retained.

(b)–(c)(2) [Reserved]. For guidance see §86.091–7.

(c)(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained.

(c)(4)–(d)(1)(v) [Reserved]. For guidance see §86.091–7.

(d)(1)(vi) Any facility where any record or other document relating to the information specified in paragraph (h) of this section is located.

(2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:

(i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment;

(ii) To inspect and make copies of any such records, designs, or other documents, including those records specified in §86.091–7(c); and

(iii) To inspect and make copies of any such records, designs or other documents including those records specified in paragraph (h) of this section; and

(iv) To inspect and/or photograph any part or aspect of any such certification vehicle (or certification engine) and any components to be used in the construction thereof.

(d)(3)–(g) [Reserved]. For guidance see §86.091–7.

(h)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any model year 1994 through 1997 light-duty vehicle or light light-duty truck or model year 1994 through 1998 heavy light-duty truck that is certified shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle:

(i) EPA engine family;

(ii) Vehicle identification number;

(iii) Model year and production date;

(iv) Shipment date;

(v) Purchaser; and

(vi) Purchase contract.

(2) In addition, the manufacturer (or contractor for the manufacturer, if applicable) of each certified engine family shall establish, maintain, and retain adequately organized records of the actual U.S. sales volume for the model year for each engine family. The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturer Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.

(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the applicable end-of-model year report. Records may be retained as hard copy or reduced to microfilm, ADP film, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained.

(4) Nothing in this section limits the Administrator's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section.

(5) Pursuant to a request made by the Administrator, the manufacturer shall submit to him the information that is required to be retained.

(6) Voiding a certificate. (i) EPA may void ab initio a certificate for a vehicle certified to Tier 0 certification standards for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.

(ii) EPA may void ab initio a certificate for a 1994 or 1995 model year light-duty vehicle or light-duty truck that is not certified in compliance with the cold temperature CO standard for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.

(iii) Any voiding ab initio of a certificate under §86.094–7(c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with §86.614 for light-duty vehicles or under §86.1014 for light-duty trucks and heavy-duty engines.

(i) Any voiding ab initio of a certificate under §86.091–7 (c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with §86.614 for light-duty vehicles or under §86.1014 for light-duty trucks and heavy-duty engines.

[56 FR 25740, June 5, 1991, as amended at 57 FR 31897, July 17, 1992]

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(a)(1) Standards —(i) Light light-duty trucks. Exhaust emission from 1994 and later model year light light-duty trucks shall meet all standards in Tables A94–8, A94–9, A94–11 and A94–12 in the rows designated with the applicable fuel type and loaded vehicle weight, according to the implementation schedule in Tables A94–7 and A94–10 as follows (optional for 1994 through 1996 model year gaseous-fueled light light-duty trucks):

(A)( 1 )( i ) A minimum of the percentage shown in table A94–7 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1 standards in table A94–8 and shall not exceed the applicable Tier 1 standards in table A94–9. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94–9.

( ii ) Optionally, a minimum of the percentage shown in table A94–7 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable Tier 1 standards. Under this option, the light-duty vehicles shall not exceed the applicable Tier 1 standards in table A94–2 of §86.094–8 and shall not exceed the applicable Tier 1 standards in table A94–3 of §86.094–8. Further, the light light-duty trucks shall not exceed the applicable Tier 1 standards in table A94–8 and shall not exceed the applicable Tier 1 standards of table A94–9. The remaining percentage of the manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the corresponding Tier 0 standards.

( 2 ) A minimum of the percentage shown in table A94–10 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1 standards in table A94–11 and shall not exceed the applicable Tier 1 standards in table A94–12. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94–12.

(B)( 1 )( i ) Sales percentages for the purposes of determining compliance with paragraph (a)(1)(i)(A) of this section shall be based on total actual U.S. sales of light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of paragraph (a)(1)(i)(A)( 1 )( ii ) of this section is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.

( ii ) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sales to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of tables A94–7 and A94–10 of this section. 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 actual production volume is functionally equivalent to actual sales volume.

( iii ) The manufacturer may count toward the sales percentages light light-duty trucks of the applicable model year that meet certain standards for that same model year contained in Title 13, “California Code of Regulations, Section 1960.1, and the incorporated California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.” (Copies may be obtained from Barclays Law Publishers, P.O. Box 3066, San Francisco, CA 94080.) The relevant standards from that source are those that are designated as phase-in standards for selected pollutants and were first applied in the 1993 model year, as well as those for all remaining pollutants that require compliance at the one hundred percent level. If this option is taken, all light light-duty trucks sold in jurisdictions adopting such standards shall be counted toward the total upon which the sales percentage is based. If this option is not taken, light light-duty trucks sold in such jurisdictions are to be excluded from counting toward either the total upon which the sales percentage is based or the sales percentage itself.

( iv ) Small volume manufacturers, as defined in §86.092–14(b) (1) and (2), are exempt from the implementation schedules of table A94–7 of this section for model years 1994 and 1995 and from the implementation schedules of table A94–10 of this section for model years 1995 and 1996. For small volume manufacturers, the Tier 0 standards of table A94–9 continue to apply until model year 1996, and the Tier 0 standards of table A94–12 continue to apply until model year 1997, when one hundred percent compliance with the Tier 1 standards of tables A94–8, A94–9, A94–11, and A94–12 is required. This exemption does not apply to small volume engine families as defined in §86.092–14(b)(5).

( 2 )( i )Where the required implementation schedule sales percentages for in-use purposes, as prescribed in subpart H of this part, are the same in a given model year as the required implementation schedule sales percentages for certification purposes, as prescribed in this section, the same engine families must comprise the respective percentages.

( ii ) Where the required implementation schedule sales percentages for in-use purposes differ from implementation schedule sales percentages for certification purposes in a particular model year, the manufacturer must designate, at the time of Application for Certification, which families will meet each applicable in-use phase-in percentage.

( 3 ) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.

( 4 ) A manufacturer can not use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.

(ii) Heavy light-duty trucks. Exhaust emissions from 1994 and later model year heavy light-duty trucks shall meet all standards in Tables A94–14 and A94–15 in the rows designated with the applicable fuel type and loaded vehicle weight or adjusted loaded vehicle weight, as applicable, according to the implementation schedule in Table A94–13, as follows (optional for 1994 through 1996 model year gaseous-fueled heavy light-duty trucks):

(A) A minimum of the percentage shown in table A94–13 of a manufacturer's sales of the applicable model year's heavy light-duty trucks shall not exceed the applicable Tier 1 standards in table A94–14 and shall not exceed the applicable Tier 1 standards in table A94–15. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94–15.

(B)( 1 )( i ) Sales percentages for the purposes of determining compliance with paragraph (a)(1)(ii)(A) of this section shall be based on total actual U.S. sales of heavy light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.

( ii ) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A94–13 of this section. 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 actual production volume is functionally equivalent to actual sales volume.

( iii ) The manufacturer may count toward the sales percentages heavy light-duty trucks of the applicable model year that meet certain standards for that same model year contained in Title 13, California Code of Regulations, Section 1960.1, and the incorporated “California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.” The relevant standards from that source are those that are designated as phase-in standards for selected pollutants and were first applied in the 1995 model year, as well as those for all remaining pollutants that require compliance at the one hundred percent level. If this option is taken, all heavy light-duty trucks sold in jurisdictions adopting such standards shall be counted toward the total upon which the sales percentage is based. If this option is not taken, heavy light-duty trucks sold in such jurisdictions are to be excluded from counting toward either the total upon which the sales percentage is based or the sales percentage itself.

( iv ) Small volume manufacturers, as defined in §86.092–14(b) (1) and (2), are exempt from the implementation schedule of table A94–13 of this section for model year 1996. For small volume manufacturers, the Tier 0 standards of table A94–15 continue to apply until model year 1997, when one hundred percent compliance with the Tier 1 standards of tables A94–14 and A94–15 is required. This exemption does not apply to small volume engine families as defined in §86.092–14(b)(5).

( 2 )( i ) Where the required implementation schedule sales percentages for in-use purposes, as prescribed in subpart H of this part, are the same in a given model year as the required implementation schedule sales percentages for certification purposes, as prescribed in this section, the same engine families must comprise the respective percentages.

( ii ) Where the required implementation schedule sales percentages for in-use purposes differ from implementation schedule sales percentages for certification purposes in a particular model year, the manufacturer must designate, at the time of Application for Certification, which families will meet each applicable in-use phase-in percentage.

( 3 ) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.

( 4 ) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.

(iii) Exhaust emissions of carbon monoxide from 1994 and later model year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow at curb idle at a useful life of 11 years or 120,000 miles, whichever first occurs (for Otto-cycle, and methanol-and gaseous-fueled diesel light-duty trucks only—optional for 1994 through 1996 model year gaseous-fueled light-duty trucks).

(iv)(A) A manufacturer may elect to include all or some of its light-duty truck engine families subject to the Tier 0 standards in the NO_Xaveraging program, provided that it does not elect to pay an NCP for noncompliance with any emission standard applicable to that light-duty truck family. Trucks produced for sale in California or in designated high-altitude areas may be averaged only within each of those areas. Petroleum-fueled and methanol-fueled engine families may not be averaged together. Otto-cycle and diesel engines families also may not be averaged together. If the manufacturer elects to participate in the NO_Xaveraging program, individual family NO_Xemission limits may not exceed 2.3 grams per mile. If the manufacturer elects to average together NO_Xemissions of light-duty trucks subject to different standards based on GVWR and loaded vehicle weight, its composite NO_Xstandard applies to the combined fleets of light-duty trucks of all weight categories included in the average, and is calculated as defined in §86.088–2.

(B) A manufacturer may elect to include any diesel light-duty truck engine families subject to the Tier 0 standards in the appropriate particulate averaging program (petroleum or methanol), provided that it does not elect to pay an NCP for noncompliance with any emission standard applicable to that light-duty truck family. Trucks produced for sale in California or in designated high-altitude areas may be averaged only within each of those areas, and light-duty trucks greater than 3,750 lbs loaded vehicle weight may be averaged only with other light-duty trucks greater than 3,750 lbs loaded vehicle weight. Averaging is not permitted between fuel types. If the manufacturer elects to average both light-duty trucks 3,750 lbs loaded vehicle weight or less and light-duty vehicles together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks included in the average and is calculated as defined in §86.088–2.

(2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The test weight basis for light light-duty trucks, and for heavy light-duty trucks certified to the Tier 0 standards of this section, for the purposes of determining equivalent test weight as prescribed in §86.129–94, shall be loaded vehicle weight. The test weight basis for heavy light-duty trucks certified to the Tier 1 standards of this section, for the purposes of determining equivalent test weight as prescribed in §86.129–94, shall be adjusted loaded vehicle weight. The standard set forth in paragraph (a)(1)(iii) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.

(b) Fuel evaporative emissions from 1994 and later model year light-duty trucks shall not exceed:

(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.0 grams per test.

(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty trucks). 2.0 grams per test.

(3) The standards set forth in paragraphs (b) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.

(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1994 and later model year light-duty truck. This requirement is optional for 1994 through 1996 model year gaseous-fueled light-duty trucks.

(d) The CO, NO_X. and particulate standards set forth in paragraphs (d)(1)(ii)(A), (d)(1)(iii), and (d)(1)(iv) of this section, respectively, are applicable only to model year 1994 light-duty trucks certified to the Tier 0 standards of paragraphs (a)(1)(i) and (a)(1)(ii) of this section. The HC, THCE, and idle CO standards set forth in paragraphs (d)(1)(i)(A), (d)(1)(i)(B) and (d)(1)(ii)(B) of this section, respectively, are applicable only to model year 1994 light-duty trucks.

(1) Model year 1994 light-duty trucks sold for principal use at a designated high-altitude location shall be capable of meeting the following exhaust emission standards when tested under high-altitude conditions:

(i)(A) Hydrocarbons (for Otto-cycle and diesel light-duty trucks when fueled with petroleum fuel and/or liquefied petroleum gas). 1.0 grams per vehicle mile (0.62 grams per vehicle kilometer).

(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and diesel light-duty trucks). 1.0 gram per vehicle mile (0.62 gram per vehicle kilometer).

(C) Nonmethane hydrocarbons (for Otto-cycle and diesel light-duty trucks when fueled with natural gas). 0.83 gram per vehicle mile (0.52 gram per vehicle kilometer).

(ii) Carbon Monoxide. (A) 14 grams per vehicle mile (8.7 grams per vehicle kilometer).

(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle and methanol-fueled diesel light-duty trucks only).

(iii) Oxides of Nitrogen. (A) For light-duty trucks up to and including 3,750 lbs. loaded vehicle weight, 1.2 grams per vehicle mile (0.75 grams per vehicle kilometer).

(B) For light-duty trucks 3,751 lbs. and greater loaded vehicle weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).

(iv) Particulate (for diesel light-duty trucks only). (A) For light-duty trucks up to and including 3,750 lbs. loaded vehicle weight, 0.26 gram per vehicle mile (0.16 gram per vehicle kilometer).

(B) For light-duty trucks 3,751 lbs. and greater loaded vehicle weight, 0.13 gram per vehicle mile (0.08 gram per vehicle kilometer).

(2) The standards set forth in paragraphs (d)(1)(i), (d)(1)(ii)(A), (d)(1)(iii), and (d)(1)(iv) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The standard set forth in paragraph (d)(1)(ii)(B) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.

(e) Fuel evaporative emissions from 1994 model year light-duty trucks sold for principal use at a designated high-altitude location, when tested under high-altitude conditions, shall not exceed:

(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.6 grams per test.

(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty trucks). 2.6 grams per test.

(3) The standards set forth in paragraphs (e) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.

(f) No crankcase emissions shall be discharged into the ambient atmosphere from any 1994 model year light-duty trucks sold for principal use at a designated high-altitude location.

(g)(1) Any model year 1994 light-duty truck that a manufacturer wishes to certify for sale at low altitude must be capable of meeting high-altitude emission standards (specified in paragraphs (d) through (f) of this section). The manufacturer may specify vehicle adjustments or modifications to allow the vehicle to meet high-altitude standards but these adjustments or modifications may not alter the vehicle's basic engine, inertia weight class, transmission configuration, and axle ratio.

(i) A manufacturer may certify unique configurations to meet the high-altitude standards but is not required to certify these vehicle configurations to meet the low-altitude standards.

(ii) Any adjustments or modifications that are recommended to be performed on vehicles to satisfy the requirements of paragraph (g)(1) of this section:

(A) Shall be capable of being effectively performed by commercial repair facilities, and

(B) Must be included in the manufacturer's application for certification.

(2) Any model year 1995 and later light-duty truck and optionally model year 1994 light-duty truck that a manufacturer wishes to certify for sale shall meet the emission standards of paragraphs (a) through (c) of this section under both low- and high-altitude conditions as specified in §86.082–2, except as provided in paragraphs (h) and (i) of this section. Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. Any emission control device used to meet emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.

(h) The manufacturer may exempt 1994 and later model year light-duty trucks from compliance at high altitude with the emission standards set forth in paragraphs (a) and (b) of this section, and may exempt 1994 model year light-duty trucks from compliance with the high-altitude emission standards set forth in paragraphs (d) and (e) of this section, if the vehicles are not intended for sale at high altitude and if the requirements of paragraphs (h)(1) and (2) of this section are met.

(1) A vehicle configuration shall only be considered eligible for exemption under paragraph (h) of this section if the requirements of any of paragraphs (h)(1) (i), (ii), (iii), or (iv) of this section are met.

(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:

(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle configurations it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the gross vehicle weight (GVW) expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the 1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N/V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.

(B) The product line is then defined by the equation, N/V = C(D/W)^−0.9where the constant, C, is determined by the requirement that all the vehicle data points either fall on the line or lie to the upper right of the line as displayed on the graphs.

(C) The exemption line is then defined by the equation, N/V = C(0.84 D/W)^−0.9where the constant, C, is the same as that found in paragraph (h)(1)(i)(B) of this section.

(D) The exempted range includes all values of N/V and D/W which simultaneously fall to the lower left of the exemption line as drawn on the graph.

(ii) Its design parameters fall within the alternate exempted range for that manufacturer that year. The alternate exempted range is determined by substituting rated horsepower (hp) for displacement (D) in the exemption procedure described in paragraph (h)(1)(i) of this section and by using the product line N/V = C(hp/W)^−0.9.

(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349 (copies may be obtained from SAE, 400 Commonwealth Dr., Warrendale, PA 15096), or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.

(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (h)(1)(i) of this section.

(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:

(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.

(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicle configurations which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (h)(1)(iii)(A) of this section.

(iv) In lieu of performing the test procedure of paragraph (h)(1)(iii) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.

(2) A vehicle shall only be considered eligible for exemption under this paragraph if at least one configuration of its model type (and transmission configuration in the case of vehicles equipped with manual transmissions, excluding differences due to the presence of overdrive) is certified to meet emission standards under high-altitude conditions as specified in paragraphs (a) through (g) of this section. The Certificate of Conformity (the Certificate) covering any exempted configuration(s) will also apply to the corresponding non-exempt configuration(s) required under this subparagraph. As a condition to the exemption, any suspension, revocation, voiding, or withdrawal of the Certificate as it applies to a non-exempt configuration for any reason will result in a suspension of the Certificate as it applies to the corresponding exempted configuration(s) of that model type, unless there is at least one other corresponding non-exempt configuration of the same model type still covered by the Certificate. The suspension of the Certificate as it applies to the exempted configuration(s) will be terminated when any one of the following occurs:

(i) Another corresponding non-exempt configuration(s) receive(s) coverage under the Certificate; or

(ii) Suspension of the Certificate as it applies to the corresponding non-exempt configuration(s) is terminated; or

(iii) The Agency's action(s), with respect to suspension, revocation, voiding or withdrawal of the Certificate as it applies to the corresponding non-exempt configuration(s), is reversed.

(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.

(i)(1) The manufacturers may exempt 1994 and later model year light-duty trucks from compliance at low altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles:

(i) Are not intended for sale at low altitude; and

(ii) Are equipped with a unique, high-altitude axle ratio (rear-wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel drive vehicles) with a higher N/V ratio than other configurations of that model type which are certified in compliance with the emission standards of paragraphs (a) and (b) of this section under low-altitude conditions.

(2) The sale of a vehicle for principal use at low altitude that has been exempted as set forth in paragraph (i)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.

(j) Any light-duty truck that a manufacturer wishes to certify for sale under the provisions of paragraphs (h) or (i) of this section is subject to the provisions of subpart Q of this part.

(k) Cold Temperature Carbon Monoxide (CO) Standards —(1) Light light-duty trucks. Exhaust emissions from 1994 and later model year gasoline-fueled light light-duty trucks with a loaded vehicle weight of 3,750 lbs or less shall meet a cold temperature CO standard of 10.0 grams per mile and gasoline-fueled light light-duty trucks with a loaded vehicle weight of greater than 3,750 lbs shall meet a cold temperature CO standard of 12.5 grams per mile, both for an intermediate useful life of 50,000 miles and according to the implementation schedule in table A94–16. This standard applies under both high and low altitude conditions. At the manufacturer's option, the manufacturer may combine the sales of gasoline-fueled light-duty vehicles, light-duty trucks, and heavy light-duty trucks in determining compliance with the required 1994 and 1995 model year phase-in percentages as included in table A94–16.

(2) Heavy light-duty trucks. Exhaust emissions from 1994 and later model year gasoline-fueled heavy light-duty trucks shall meet a cold temperature CO standard of 12.5 grams per mile for an intermediate useful life of 50,000 miles and according to the implementation schedule in table A94–16. This standard applies under both low and high altitude conditions. At the manufacturer's option, the manufacturer may combine the sales of gasoline-fueled light-duty vehicles, light light-duty trucks, and heavy light-duty trucks in determining compliance with the required 1994 and 1995 model year phase-in percentages as included in table A94–16.

(3)(i) Sales percentages for the purposes of determining compliance with paragraphs (k)(1) and (k)(2) of this section shall be based on total actual and, at the manufacturer's option, combined U.S. sales of light-duty vehicles, light light-duty trucks, and heavy light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.

(ii) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sales to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A94–16. 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 actual production volume is functionally equivalent to actual sales volume. Approval of the use of production data will be presumed unless otherwise notified by the Agency within 30 days of submittal of the petition.

(iii) The manufacturer may count towards the sales percentages those light-duty vehicles, light light-duty trucks, and heavy light-duty trucks of the applicable model year sold in the state of California or in jurisdictions which have adopted the California emission standards under section 177 of the Clean Air Act if those light-duty vehicles, light light-duty trucks, and heavy light-duty trucks have been certified to meet the federally mandated cold CO standards. If this option is taken, all light-duty vehicles, light light-duty trucks and heavy light-duty trucks sold in California and such jurisdictions shall be counted toward the total upon which the sales percentage is based. If this option is not taken, light-duty vehicles, light light-duty trucks, and heavy light-duty trucks sold in California or such jurisdictions are to be excluded from counting toward either the total upon which the sales percentage is based or the sales percentage itself.

(iv) Small volume manufacturers, as defined in §86.092–14(b) (1) and (2), are exempt from the implementation schedules of table A94–16 for model years 1994 and 1995. This exemption does not apply to small volume engine families as defined in §86.092–14(b)(5).

(v) The manufacturer must state at the time of applying for the Certificate, based on projected U.S. sales or projected production for U.S. sale, which engine families will be used to attain the required implementation schedule sales percentages.

[56 FR 25742, June 5, 1991, as amended at 57 FR 31899, July 17, 1992; 59 FR 48495, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 62 FR 47120, Sept. 5, 1997]

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(a)(1) This section describes the various durability programs available to manufacturers for determining exhaust deterioration factors (DFs) for the certification of 1994 and beyond model year light-duty vehicles and light-duty trucks. While this section describes many of the important elements of these durability programs, it is not intended as an exhaustive list of all requirements applicable either to these programs or to the certification process.

(2) The durability programs consist of various elements, such as a statement of applicability, a service accumulation method, vehicle/component selection methods, durability data vehicle compliance requirements, in-use verification requirements, optional elements, data reporting requirements, and additional requirements. Cross references to other sections in this subpart are indicated where appropriate.

(b) The following table summarizes the durability programs available to all manufacturers of light-duty vehicles and light-duty trucks. The Tier 1 and Tier 0 standards cited in the table are those specified in §86.094–8 (for light-duty vehicles) and §86.094–9 (for light-duty trucks). The durability programs described in this section are separate and distinct alternatives, such that determination of an exhaust deterioration factor under one program does not require compliance with the requirements of a different durability program.

(c) Standard AMA durability program —(1) Applicability. The standard AMA durability program is applicable to light-duty vehicles in model years 1994 and beyond.

(2) Service accumulation method. The method shall be mileage accumulation performed on whole durability data vehicles, using the Durability Driving Schedule (commonly referred to as the AMA schedule) specified in appendix IV to this part. The provisions of §86.094–26(a), which include vehicle weight requirements, the duration of mileage accumulation, and the specification of emission tests to be performed during the mileage accumulation, shall apply. Scheduled and unscheduled maintenance may be performed on the vehicle in accordance with the provisions of §86.094–25.

(3) Vehicle/component selection method. Durability data vehicles shall be selected by the Administrator as required in §86.090–22(a) and in accordance with the provisions of §86.094–24(c)(1). Typically, the Administrator selects one durability data vehicle to represent each engine-system combination. The selection of durability data vehicles is also governed by §86.091–7(a)(2)(i)(A), which generally requires that vehicles used for certification must be representative of production vehicles.

(4) Durability data vehicle compliance requirements. Durability data vehicle compliance requirements for the Standard AMA Durability Program are contained in §86.094–28(a). These include the method of calculating deterioration factors, line crossing criteria, and related requirements.

(5) In-use verification. Manufacturer testing of in-use vehicles subsequent to certification is not a requirement of the Standard AMA Durability Program.

(6) Optional elements —(i) Extrapolation. Manufacturers selecting the Standard AMA Durability Program may petition the Administrator for the use of extrapolated mileage accumulation data according to the provisions of §86.094–26(a)(4) for use in certifying light-duty vehicles to the Tier 1 standards of §86.094–8. If use of extrapolated data is approved, deterioration factors are determined by the method of linear extrapolation described in §86.094–28(a)(4)(i).

(ii) Substitute AMA. Manufacturers selecting the Standard AMA Durability Program may petition the Administrator under §86.094–26(a)(2)(ii) to substitute a different whole-vehicle mileage accumulation schedule for the Durability Driving Schedule (standard AMA) specified in appendix IV to this part.

(iii) Carryover and carryacross. Manufacturers selecting the Standard AMA Durability Program may petition. the Administrator for the use of carryover or carryacross mileage accumulation data according to the provisions of §86.094–24(f). If use of carryover or carryacross data is approved, deterioration factors are determined by the method of linear extrapolation described in §86.094–28(a)(4)(i).

(7) Data reporting requirements. Data reporting requirements for the Standard AMA Durability Program are contained in §§86.094–21, 86.094–23(b)(1)(i), and 86.094–26 (a)(6)(ii) and (a)(7).

(d) Production AMA durability program —(1) Applicability. The production AMA durability program is applicable to light-duty vehicles in model years 1994 and beyond.

(2) Service accumulation method. The method shall be mileage accumulation performed on whole durability data vehicles, using the Durability Driving Schedule (commonly referred to as the AMA schedule) specified in appendix IV to this part. The provisions of §86.094–26(a), which include vehicle weight requirements, the duration of mileage accumulation, and the specification of emission tests to be performed during the mileage accumulation, shall apply. Scheduled and unscheduled maintenance may be performed on the vehicle in accordance with the provisions of §86.094–25.

(3) Vehicle/component selection method. Durability data vehicles shall be selected by the Administrator as required in §86.090–22(a) and in accordance with the provisions of §86.094–24(h). Typically, the Administrator selects several random production durability data vehicles, up to a maximum of three vehicles per engine family group.

(4) Durability data vehicle compliance requirements. Durability data vehicle compliance requirements for the Production AMA Durability Program are contained in §86.094–28(a)(7). These include the method of calculating deterioration factors, line crossing criteria, and related requirements.

(5) In-use verification. The Production AMA Durability Program includes no requirement for manufacturer testing of in-use vehicles subsequent to certification.

(6) Optional elements —(i) Extrapolation. Manufacturers selecting the Production AMA Durability Program may petition the Administrator for the use of extrapolated mileage accumulation data according to the provisions of §86.094–26(a)(4) for use in certifying light-duty vehicles to the Tier I standards of §86.094–8. If use of extrapolated data is approved, deterioration factors are determined by the method of linear extrapolation described in §86.094–28(a)(7)(ii)(B).

(ii) Substitute AMA. Manufacturers selecting the Production AMA Durability Program may petition the Administrator under §86.094–26(a)(2)(ii) to substitute a different whole-vehicle mileage accumulation schedule for the Durability Driving Schedule (standard AMA) specified in appendix IV to this part.

(iii) Carryover and carryacross. Manufacturers selecting the Production AMA Durability Program may petition the Administrator for the use of carryover or carryacross mileage accumulation data according to the provisions of §86.094–24(h)(1)(v). If use of carryover or carryacross data is approved, deterioration factors are determined by the method of linear extrapolation described in §86.094–28(a)(7)(ii)(B).

(7) Data reporting requirements for the Production AMA Durability Program are contained in §§86.094–21, 86.094–23(b)(1)(i), and 86.094–26 (a)(6)(ii) and (a)(7).

(8) Additional requirements. (i) For engine families subject to the procedures of the Production AMA Durability Program, the manufacturer shall submit deterioration factors to the Administrator for approval to use them for certification. The Administrator shall approve the use of deterioration factors that:

(A) The manufacturer attests are representative of the durability performance of its vehicles in actual field use when maintained according to the manufacturer's maintenance instructions (as limited under §86.094–25(a)); and

(B) Are equal to or greater than the deterioration factors that EPA determines under paragraph (d)(8)(ii) of this section.

(ii) EPA shall determine minimum deterioration factors for engine families subject to the Production AMA Durability Program. This determination shall be based on a procedure of grouping engine families (see §86.094–24(a)) in order to use historical certification data to determine deterioration factors for each engine family group. The historical data shall be updated yearly through the testing of production durability data vehicles. Test vehicle requirements under these procedures are contained in §86.094–24 (h) and compliance requirements are contained in §86.094–28(a)(7).

(iii) Request procedures. (A) A manufacturer wishing to participate in the Production AMA Durability Program must submit to the Administrator, for each model year, a written request describing the engine families that the manufacturer elects to be included in the program.

(B) The Administrator may declare ineligible any engine family for which the Administrator determines there is unreasonable risk in determining a deterioration factor using the methods of the Production AMA Durability Program. Furthermore, the Administrator may limit the number of engine families within the manufacturer's product line that are eligible for the Production AMA Durability Program.

(C) Upon approval of the manufacturer's request to participate, the Administrator and the manufacturer may enter into a written agreement prescribing the terms and conditions of the program. This agreement shall be equitable as compared to agreements entered into with other manufacturers. The agreement shall specify:

( 1 ) The engine families to be included in the program and the engine family groups that have been established by the provisions of §86.094–24(a) (8) and (9);

( 2 ) The procedures for the selection of production durability data vehicles specified under the provisions of §86.094–24(h); and

( 3 ) The procedures for the determination of minimum exhaust emission deterioration factors for each engine family group.

(iv) Withdrawal from Production AMA Durability Program. (A) Subject to the conditions of paragraphs (d)(8)(iv) (B) through (F) of this section, a manufacturer may, at any time, withdraw all of its product line or separate engine family groups from this program. Only entire engine family groups may be withdrawn.

(B) Once any engine family in an engine family group is certified using deterioration factors determined in the Production AMA Durability Program, the manufacturer shall operate and test the production durability data vehicles specified in §86.094–24(h) in accordance with the procedures of this part.

(C) The Administrator shall notify the manufacturer if a nonconformity of a category of vehicles within the engine family group is indicated by the production durability data. For the purpose of this paragraph, a nonconformity is determined to exist if:

( 1 ) Any emission data vehicle within an engine family of the model year most recently certified under the production AMA Durability Program is projected to exceed an emission standard by applying deterioration factors generated by a production durability data vehicle within the same engine family; or

( 2 ) Any of the most recent model year's production durability data vehicle configurations tested under paragraph (d)(8)(iv)(B) of this section line crosses as defined in §86.094–28(a)(7)(ii)(C). For the purpose of this paragraph, data from identical vehicles will be averaged as under §86.094–28(a)(4)(i) (A) and (B)

(D) If the Administrator notifies a manufacturer of such a nonconformity, the manufacturer shall submit, by a date specified by the Administrator, a plan to remedy the nonconformity which is acceptable to the Director, Office of Mobile Sources. For the purpose of this paragraph, the term “remedy the nonconformity” will have the same meaning as it does when it appears in section 207(c)(1) of the Clean Air Act (42 U.S.C. 7541(c)(1)).

(E) The manufacturer shall comply with the terms of the remedial plan approved by the Director, Office of Mobile Sources.

(F) If a manufacturer does not comply with the requirements of paragraph (d)(8)(iv) (B), (D), or (E) of this section, the Administrator may deem the certificate of conformity for the affected engine families void ab initio.

(e) Alternative Service Accumulation Durability Program —(1) Applicability. The Alternative Service Accumulation Durability Program is applicable to light-duty vehicles and light-duty trucks in model years 1994 and beyond.

(2) Service accumulation method. (i) The manufacturer shall propose a service accumulation method for the Alternative Service Accumulation Durability Program, for advance approval by the Administrator. The method shall be consistent with good engineering practice and be designed to accurately predict the deterioration of the vehicle's emissions in actual use over its full useful life.

(ii) Manufacturers may propose service accumulation methods based upon whole-vehicle mileage accumulation, bench aging of individual components or systems, or a combination of the two approaches. Bench procedures should simulate the aging of components or systems over the applicable durability useful life as defined in §86.094–2 and should simulate cycles and environments found in actual use. For this purpose, manufacturers may remove the emission-related components, in whole or in part, from the durability vehicle itself and deteriorate them independently. Vehicle testing for the purpose of determining deterioration factors may include the testing of durability vehicles that incorporate such bench-aged components.

(iii) Service accumulation shall be according to the method approved in advance by the Administrator.

(3) Vehicle/component selection method. The manufacturer shall propose a vehicle/component selection method for the Alternative Service Accumulation Durability Program for advance approval by the Administrator. The vehicle/component selection shall be according to the method approved in advance by the Administrator. The selection of durability data vehicles and components is also governed by §86.091–7(a)(2)(i)(A), which generally requires that vehicles and components used for certification must be representative of production vehicles and components.

(4) Durability data vehicle compliance requirements. The manufacturer shall propose procedures for the calculation of deterioration factors and for the determination of vehicle compliance for advance approval by the Administrator. The Administrator may approve the use of such procedures if the manufacturer demonstrates that the resulting deterioration factors are likely to be representative of the in-use performance of the vehicles. The calculation of deterioration factors and the determination of vehicle compliance shall be according to the procedures approved in advance by the Administrator.

(5) In-use verification. Manufacturers selecting the Alternative Service Accumulation Durability Program shall agree to perform an in-use verification program, which shall include testing on in-use vehicles certified under the program in the years subsequent to certification. The purpose of the in-use verification program is to confirm the adequacy of the manufacturer-designed components of the Alternative Service Accumulation Durability program. The manufacturer shall propose sample sizes, recruitment procedures, testing procedures, optional provisions for the cessation of testing in the event the in-use testing confirms the adequacy of elements of the Alternative Service Accumulation Durability Program, and remedies in the event the in-use testing fails to confirm the adequacy of elements of the Alternative Service Accumulation Durability program. These and other elements of in-use verification are subject to advance approval by the Administrator.

(6) Optional element: Carryover and carryacross. Manufacturers selecting the Alternative Service Accumulation Durability Program may petition the Administrator for the conditional use of carryover or carryacross mileage accumulation data according to the provisions of §86.094–24(f). If use of carryover or carryacross data is approved, deterioration factors are determined by the method described in paragraph (e)(4) of this section.

(7) Data reporting requirements. (i) Data reporting requirements for the Alternative Service Accumulation Durability Program are contained in §§86.094–21, 86.094–23(b)(1)(i), and 86.094–26(a)(6)(ii) and (a)(7).

(ii) In addition to the reporting of deterioration factors determined under paragraph (e)(4) of this section, the manufacturer shall provide reliability data that shows to the Administrator's satisfaction that all emission-related components are designed to operate properly for the durability useful life of the vehicles in actual use (or such shorter intervals as permitted in section §86.094–25).

(8) Additional requirements. (i) The manufacturer shall consolidate the approved versions for each of the required elements of the Alternative Service Accumulation Durability Program into a written agreement that documents the details of the program and the manufacturer's responsibilities. The manufacturer shall submit this agreement for approval by the Administrator as part of the application for certification.

(ii) The manufacturer may amend the written agreement entered into pursuant to paragraph (e)(8)(i) of this section so long as the manufacturer demonstrates to the satisfaction of the Administrator that the proposed amendments to the agreement improve upon the in-use verification portion of the existing agreement. Such amendment to the Alternative Service Accumulation Durability Program agreement is subject to the prior approval of the Administrator.

(iii) The certification requirements described in §86.094–30(a)(14) are applicable.

(f) Standard Self-Approval Durability Program —(1) Applicability. The Standard Self-Approval Durability Program is applicable to light-duty trucks in the 1994 and beyond model years.

(2) Service accumulation method. The manufacturer shall determine the form and extent of service accumulation used in the Standard Self-Approval Durability Program, according to the provisions of §86.094–26(b)(2). The method shall be consistent with good engineering practice and be designed to evaluate the mechanisms that are expected to cause deterioration of the vehicle's emissions over its full useful life.

(3) Vehicle/component selection method. The manufacturer shall determine the vehicle/component selection method for use in the Standard Self-Approval Durability Program according to the provisions of §86.094–24(c)(2). Manufacturers shall select the vehicles, engines, subsystems, or components for each engine-system so that their emissions deterioration characteristics may be expected to represent those of in-use vehicles, based on good engineering judgment. The selection of durability data vehicles or components is also governed by §86.091–7(a)(2)(A), which generally requires that vehicles and components used for certification must be representative of production vehicles and components.

(4) Durability data vehicle compliance requirements. Durability data vehicle compliance requirements for the Standard Self-approval Durability Program are contained in §86.094–28(b). These include the method of calculating deterioration factors and related requirements.

(5) In-use verification. The Standard Self-Approval Durability Program includes no requirement for manufacturer testing of in-use vehicles subsequent to certification.

(6) Data reporting requirements. Data reporting requirements for the Standard Self-Approval Durability Program are contained in §§86.094–21, 86.094–23(b)(1)(ii), and 86.094–26(d).

(7) Additional requirement. The Administrator does not approve the test procedures for establishing exhaust emission deterioration factors. The manufacturer shall submit these procedures and determinations as required in §86.094–21(b)(5)(i)(A).

(g) Assigned deterioration factor durability program —(1) Applicability —(i) Small volume manufacturers. The Assigned Deterioration Factor Durability Program is applicable to light-duty vehicles and light-duty trucks certified under the small volume manufacturer provisions of §§86.094–1(e) and 86.094–14(b).

(ii) Small volume engine families. The Assigned Deterioration Factor Durability Program is available to light-duty vehicles and light-duty trucks certified under the small volume engine family provisions of §86.094–24(e)(2).

(2) Determination of deterioration factors. No service accumulation method or vehicle/component selection method is required. Deterioration factors are proposed by the manufacturer or assigned by the Administrator based on the provisions of §86.094–14(c)(7)(i)(C).

(3) In-use verification. The Assigned Deterioration Factor Durability Program includes no requirement for manufacturer testing of in-use vehicles subsequent to certification.

(4) Data reporting requirements. Data reporting requirements for the Assigned Deterioration Factor Durability Program are contained in §86.094–14 (c)(4), (c)(6), and (c)(11)(ii).

[58 FR 4002, Jan. 12, 1993, as amended at 59 FR 36369, July 18, 1994; 62 FR 11082, Mar. 11, 1997; 62 FR 44875, Aug. 22, 1997]

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(a)(1) The small-volume manufacturers certification procedures described in paragraphs (b) and (c) of this section are optional. Small-volume manufacturers may use these optional procedures to demonstrate compliance with the general standards and specific emission requirements contained in this subpart.

(2) To satisfy the durability data requirements of the small-volume manufacturers certification procedures, manufacturers of vehicles (or engines) as described in paragraph (b) of this section may use assigned deterioration factors that the Administrator determines by methods described in paragraph (c)(7)(i)(C) of this section. However, if no deterioration factor data (either the manufacturer's or industry-wide deterioration factor data) are available from previously completed durability data vehicles or engines used for certification, manufacturers of vehicles (or engines) as described in paragraph (b) of this section or with new technology not previously certified may use assigned deterioration factors that the Administrator determines by alternative methods, based on good engineering judgement. The factors that the Administrator determines by alternative methods will be published in an advisory letter or advisory circular.

(b)(1) The optional small-volume manufacturers certification procedures apply to light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines produced by manufacturers with U.S. sales, including all vehicles and engines imported under the provisions of §§85.1505 and 85.1509 of this chapter (for the model year in which certification is sought) of fewer than 10,000 units (Light-Duty Vehicles, Light-Duty Trucks, Heavy-Duty Vehicles and Heavy-Duty Engines combined).

(2) For the purpose of determining the applicability of paragraph (b)(1) of this section, the sales the Administrator shall use shall be the aggregate of the projected or actual sales of those vehicles and/or engines in any of these groupings:

(i) Vehicles and/or engines produced by two or more firms, one of which is 10 percent or greater part owned by another;

(ii) Vehicles and/or engines produced by any two or more firms if a third party has equity ownership of 10 percent or more in each of the firms;

(iii) Vehicles and/or engines produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies;

(iv) Vehicles and/or engines imported or distributed by all firms where the vehicles and/or engines are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

(3) If the aggregated sales, as determined in paragraph (b)(2) of this section are less than 301 units, the manufacturers in the aggregated relationship may certify under the provisions in this section that apply to manufacturers with sales of less than 301 units.

(4) If the aggregated sales, as determined in paragraph (b)(2) of this section are greater than 300 but fewer than 10,000 units, the manufacturers in the aggregated relationship may certify under the provisions in this section that apply to manufacturers with sales from and including 301 through 9,999 motor vehicles and motor vehicles engines per year.

(5) If the aggregated sales, as determined in paragraph (b)(2) of this section are equal to or greater than 10,000 units, then the manufacturers involved in the aggregated relationship will be allowed to certify a number of units under the small-volume engine family certification procedures (reference §86.094–24(e)) in accordance with the criteria identified in paragraphs (b)(5) (i) through (iii) of this section.

(i) If a manufacturer purchases less than 50 percent of another manufacturer, each manufacturer retains its right to certify 9,999 units using the small-volume engine family certification procedures.

(ii) If a manufacturer purchases 50 percent or more of another manufacturer, the manufacturer with the over 50 percent interest must share, with the manufacturer it purchased, its 9,999 units under the small-volume engine family certification procedures.

(iii) In a joint venture arrangement (50/50 ownership) between two manufacturers, each manufacturer retains its eligibility for 9,999 units under the small-volume engine family certification procedures, but the joint venture must draw its maximum 9,999 units from the units allocated to its parent manufacturers.

(c) Small-volume manufacturers shall demonstrate compliance with the applicable sections of this subpart. The appropriate model year of the applicable sections detailed in paragraphs (c) (1) through (15) of this section shall be determined in accordance with §86.084–4.

(1) Sections 86.094–1, 86.094–2, 86.094–3, 86.084–4, 86.090–5, 86.078–6, 86.094–7, 86.094–8, 86.094–9, and 86.094–11 are applicable.

(2) Section 86.080–12 is not applicable.

(3) Sections 86.094–13, 86.094–14, 86.084–15, and 86.085–20 are applicable.

(4) Small-volume manufacturers shall include in their records all of the information that EPA requires in §86.094–21. This information will be considered part of the manufacturer's application for certification. However, the manufacturer is not required to submit the information to the Administrator unless the Administrator requests it.

(5) Section 86.094–22 is applicable except as noted in paragraph (c)(5)(i) of this section.

(i) Small-volume light-duty vehicle and light-duty truck manufacturers may satisfy the requirements of §86.094–22(e) by including a statement of compliance on adjustable parameters in the application for certification. In the statement of compliance the manufacturer shall state that the limits, stops, seals, or other means used to inhibit adjustment have been designed to accomplish their intended purpose based on good engineering practice and past experience. If the vehicle parameter is adjustable the vehicle must meet emission standards with the parameter set any place within the adjustable range (reference §86.094–21).

(ii) [Reserved]

(6) Section 86.094–23 is applicable.

(7) Section 86.094–24 is applicable except as noted in paragraphs (c)(7) (i) through (ii) of this section.

(i) Small-volume manufacturers may satisfy the requirements of §86.094–24 (b) and (c) in accordance with paragraphs (c)(7)(i) (A) through (C) of this section.

(A) Emission data. Selecting one emission data test vehicle (engine) per engine family by the worst-case emissions criteria in accordance with paragraph (c)(7)(i)(A) ( 1 ), ( 2 ), or ( 3 ) of this section.

( 1 ) Light-duty vehicles and light-duty trucks. The manufacturer shall select the vehicle with the heaviest equivalent test weight (including options) within the engine family. Then within that vehicle the manufacturer shall select, in the order listed, the highest road load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in the engine family, and the maximum fuel flow calibration.

( 2 ) Heavy-duty Otto-cycle engines. The manufacturer shall select one emission data engine first based on the largest displacement within the engine family. Then within the largest displacement the manufacturer shall select, in the order listed, highest fuel flow at the speed of maximum rated torque, the engine with the most advanced spark timing, no EGR or lowest EGR flow, and no air pump or lowest actual flow air pump.

( 3 ) Heavy-duty diesel engines. The manufacturer shall select one emission data engine based on the highest fuel feed per stroke, primarily at the speed of maximum rated torque and secondarily at rated speed.

(B) Testing light-duty vehicles or light-duty truck emission data vehicles at any service accumulation distance of at least 2,000 miles (3,219 kilometers) or, catalyst equipped heavy-duty emission data engines at any service accumulation time of at least 62 hours, or non-catalyst equipped heavy-duty engine emission data engines at any service accumulation time determined by the manufacturer to result in stabilized emissions. The emission performance of the emission data vehicle or engine must be stabilized prior to emission testing.

(C) Durability data. Satisfying the durability data requirements by complying with the applicable procedures described in paragraphs (c)(7)(i)(C) ( 1 ) through ( 4 ) of this section.

( 1 ) Manufacturers with aggregated sales of less than 301 motor vehicles and motor vehicle engines per year may use assigned deterioration factors that the Administrator determines and prescribes. The factors will be the Administrator's estimate, periodically updated and published in an advisory letter or advisory circular, of the 70th percentile deterioration factors calculated using the industry-wide data base of previously completed durability data vehicles or engines used for certification. However, the manufacturer may, at its option, accumulate miles (hours) on a durability data vehicle (engine) and complete emission tests for the purpose of establishing its own deterioration factors.

( 2 )( i ) Manufacturers with aggregated sales from and including 301 through 9,999 motor vehicles and motor vehicle engines per year certifying light-duty vehicle exhaust emissions from vehicles equipped with proven emission control systems shall use assigned deterioration factors that the manufacturer determines based on its good engineering judgment. However, the manufacturer may not use deterioration factors less than either the average or 70th percentile of all of that manufacturer's deterioration factor data, whichever is less. These minimum deterioration factors shall be calculated according to procedures in paragraph (c)(7)(i)(C)( 2 )( ii ), of this section. If the manufacturer does not have at least two data points to calculate these manufacturer specific average deterioration factors, then the deterioration factors shall be no less than the EPA supplied industry-wide deterioration factors. However, the manufacturer may, at its option, accumulate miles on a durability data vehicle and complete emission tests for the purpose of establishing its own deterioration factors.

( ii ) The manufacturer's minimum deterioration factors shall be calculated using the deterioration factors from all engine families, within the same vehicle/engine-fuel usage category (e.g., gasoline-fueled light-duty vehicle, etc.) previously certified to the same emission standards. The manufacturer shall use only deterioration factors from engine families previously certified by the manufacturer and the deterioration factors shall not be included in the calculation more than once. The deterioration factors for each pollutant shall be calculated separately. The manufacturer may, at its option, limit the deterioration factors used in the calculation of the manufacturer's minimum deterioration factors to those from all similar systems to the system being certified if sufficient data (i.e., from at least two certified systems) exists. All data eligible to be grouped as similar system data shall be used in calculating similar system deterioration factors. Any deterioration factors used in calculating similar system deterioration factors shall not be included in calculating the manufacturer's minimum deterioration factors used to certify any of the manufacturer's remaining vehicle systems.

( 3 ) Manufacturers with aggregated sales from 301 through 9,999 motor vehicles and motor vehicle engines and certifying light-duty vehicle exhaust emissions from vehicles equipped with unproven emission control systems shall use deterioration factors that the manufacturer determines from official certification durability data generated by vehicles from engine families representing a minimum of 25 percent of the manufacturer's sales equipped with unproven emission control systems. The sales projections are to be based on total sales projected for each engine/system combination. The durability programs applicable to such manufacturers for this purpose shall be the Standard AMA, the Production AMA and the Alternative Service Accumulation Durability Programs of §86.094–13. The durability data vehicle (engine) mileage accumulation and emission tests are to be conducted in accordance with §86.094–13. The manufacturer must develop deterioration factors by generating durability data in accordance with §86.094–13 on a minimum of 25 percent of the manufacturer's projected sales (by engine/system combination) that is equipped with unproven emission control systems. The manufacturer must complete the 25 percent durability requirement before the remainder of the manufacturer's sales equipped with unproven emission control systems is certified using manufacturer-determined assigned deterioration factors. Alternatively, any of these manufacturers may, at their option, accumulate miles on durability data vehicles and complete emission tests for the purpose of establishing their own deterioration factors on the remaining sales.

( 4 ) For light-duty vehicle, light-duty truck, and heavy-duty vehicle evaporative emissions and for light-duty truck, and heavy-duty engine exhaust emissions, deterioration factors shall be determined in accordance with §86.094–24.

(ii) Section 86.094–24(d) and (e) are not applicable.

(8) Section 86.094–25 is applicable to maintenance performed on durability data light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines when the manufacturer completes durability data vehicles or engines; §86.087–38 is applicable to the recommended maintenance the manufacturer includes in the maintenance instructions furnished the purchasers of new motor vehicles and new motor vehicle engines under §86.087–38.

(9)(i) Section 86.094–26 is applicable if the manufacturer completes durability data vehicles or engines.

(ii) Section 86.090–27 is applicable.

(10) Sections 86.094–28 and 86.091–29 are applicable.

(11)(i) Section 86.094–30 is applicable, except for §86.094–30 (a)(2) and (b). In the place of §86.094–30 (a)(2) and (b), small-volume manufacturers shall comply with paragraphs (c)(11) (ii) through (v) of this section.

(ii) Small-volume manufacturers shall submit an application for certification containing the elements contained in paragraphs (c)(11)(ii) (A) through (E) of this section.

(A) The names, addresses, and telephone numbers of the persons the manufacturer authorizes to communicate with us.

(B) A brief description of the vehicles (or engines) covered by the certificate (the manufacturers' sales data book or advertising, including specifications, may satisfy this requirement for most manufacturers). The description shall include, as a minimum, the items listed in paragraphs (c)(11)(ii)(B) ( 1 ) through ( 18 ) of this section as applicable.

( 1 ) Engine evaporative family names and vehicle (or engine) configurations.

( 2 ) Vehicle carlines or engine models to be listed on the certificate of conformity.

( 3 ) The test weight and horsepower setting for each vehicle or engine configuration.

( 4 ) Projected sales.

( 5 ) Combustion cycle.

( 6 ) Cooling mechanism.

( 7 ) Number of cylinders.

( 8 ) Displacement.

( 9 ) Fuel system type.

( 10 ) Number of catalytic converters, type, volume, composition, surface area, and total precious metal loading.

( 11 ) Method of air aspiration.

( 12 ) Thermal reactor characteristics.

( 13 ) Suppliers' and/or manufacturers' name and model number of any emission related items of the above, if purchased from a supplier who uses the items in its own certified vehicles(s) or engine(s).

( 14 ) A list of emission component part numbers.

( 15 ) Drawings, calibration curves, and descriptions of emission related components, including those components regulated under §86.085–22(e), and schematics of hoses and other devices connecting these components.

( 16 ) Vehicle adjustments or modifications necessary for light-duty trucks to assure that they conform to high-altitude standards.

( 17 ) A description of the light-duty vehicles and light-duty trucks which are exempted from the high-altitude emission standards.

( 18 ) Proof that the manufacturer has obtained or entered an agreement to purchase, when applicable, the insurance policy, required by §85.1510(b) of this chapter. The manufacturer may submit a copy of the insurance policy or purchase agreement as proof that the manufacturer has obtained or entered an agreement to purchase the insurance policy.

(C) The results of all emission tests the manufacturer performs to demonstrate compliance with the applicable standards.

(D)( 1 ) The following statement signed by the authorized representative of the manufacturer: “The vehicles (or engines) described herein have been tested in accordance with (list of the applicable subparts A, B, D, I, M, N, or P) of part 86, title 40, Code of Federal Regulations, and on the basis of those tests are in conformance with that subpart. All of the data and records required by that subpart are on file and are available for inspection by the EPA Administrator. We project the total U.S. sales of vehicles (engines) subject to this subpart (including all vehicles and engines imported under the provisions of §§85.1505 and 85.1509 of this chapter to be fewer than 10,000 units.”

( 2 ) A statement as required by and contained in paragraph (c)(5) of this section signed by the authorized representative of the manufacturer.

( 3 ) A statement that the vehicles or engines described in the manufacturer's application for certification are not equipped with auxiliary emission control devices which can be classified as a defeat device as defined in §86.094–2.

( 4 ) A statement of compliance with section 206(a)(3) of the Clean Air Act (42 U.S.C. 7525(a)(3)).

( 5 ) A statement that, based on the manufacturer's engineering evaluation and/or emission testing, the light-duty vehicles comply with emission standards at high altitude unless exempt under §86.094–8(h).

( 6 ) A statement that, based on the manufacturer's engineering evaluation and/or emission testing, the light-duty trucks sold for principle use at designated high-altitude locations comply with the high-altitude emission requirements and that all other light-duty trucks are at least capable of being modified to meet high-altitude standards unless exempt under §86.094–9(g)(2).

( 7 ) A statement affirming that the manufacturer will provide a list of emission and emission-related service parts, including part number designations and sources of parts, to the vehicle purchaser for all emission and emission-related parts which might affect vehicle emission performance throughout the useful life of the vehicle. Secondly, it must state that qualified service facilities and emission-related repair parts will be conveniently available to serve its vehicles. In addition, if service facilities are not available at the point of sale or distribution, the manufacturer must indicate that the vehicle purchaser will be provided information identifying the closest authorized service facility to the point of sale, if in the United States, or the closest authorized service facility to the point of distribution to the ultimate purchaser if the vehicle was purchased outside of the United States by the ultimate purchaser. Such information should also be made available to the Administrator upon request.

(E) Manufacturers utilizing deterioration factors determined by the manufacturer based on its good engineering judgment (reference paragraph (c)(7)(i)(C)( 2 ) of this section) shall provide a description of the method(s) used by the manufacturer to determine the deterioration factors.

(iii) If the manufacturer meets the requirements of this subpart, the Administrator will issue a certificate of conformity for the vehicles or engines described in the application for certification.

(iv) The certificate will be issued for such a period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary to assure that any vehicle or engine covered by the certificate will meet the requirements of the Act and of this subpart.

(v)(A) If, after a review of the statements and descriptions submitted by the manufacturer, the Administrator determines that the manufacturer has not met the applicable requirements, the Administrator shall notify the manufacturer in writing of his intention to deny certification, setting forth the basis for his determination. The manufacturer may request a hearing on the Administrator's determination.

(B) If the manufacturer does not request a hearing or present the required information, the Administrator will deny certification.

(12) Sections 86.079–31 and 86.079–32 are not applicable.

(13) Under §86.079–33, small-volume manufacturers are covered by paragraphs (c)(13) (i) and (ii) of this section.

(i) Small-volume manufacturers may make production changes (running changes) without receiving the Administrator's prior approval. The manufacturer shall assure (by conducting emission tests as it deems necessary) that the affected vehicles (engines) remain in compliance with the requirements of this part.

(ii) The manufacturer shall notify the Administrator within seven days after implementing any production related change (running change) that would affect vehicle emissions. This notification shall include any changes to the information required under paragraph (c)(11)(ii) of this section. The manufacturer shall also amend as necessary its records required under paragraph (c)(4) of this section to confirm with the production design change.

(14) Section 86.082–34 is not applicable.

(15) Sections 86.094–35, 86.079–36, 86.085–37, 86.087–38 and 86.079–39 are applicable.

[58 FR 4006, Jan. 12, 1993, as amended at 61 FR 127, Jan. 3, 1996]

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(a)(1) Heavy-duty engines eligible for NO_Xand particulate averaging, trading and banking programs are described in the applicable emission standards sections in this subpart. All heavy-duty engine families which include any engines labeled for use in clean-fuel vehicles as specified in 40 CFR part 88 are not eligible for these programs. Participation in these programs is voluntary.

(2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section.

(ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used for averaging or trading to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL.

(iii) Credits scheduled to expire in the earliest model year shall be used, prior to using other available credits, to offset emissions of engine families with FELs exceeding the applicable standard.

(b) Participation in the NO_Xand/or particulate averaging, trading, and banking programs shall be done as follows.

(1) During certification, the manufacturer shall:

(i) Declare its intent to include specific engine families in the averaging, trading and/or banking programs. Separate declarations are required for each program and for each pollutant ( i.e., NO_Xand particulate).

(ii) Declare an FEL for each engine family participating in one or more of these three programs.

(A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower for NO_Xemissions and one-hundredth of a gram per brake horsepower-hour for particulate emissions).

(B) In no case may the FEL exceed the upper limit prescribed in the section concerning the applicable heavy-duty engine NO_Xand particulate emission standards.

(iii) Calculate the projected emission credits (±) based on quarterly production projections for each participating family and for each pollutant (NO_Xand particulate), using the applicable equation in paragraph (c) of this section and the applicable factors for the specific engine family.

(iv)(A) Determine and state the source of the needed credits according to quarterly projected production for engine families requiring credits for certification.

(B) State where the quarterly projected credits will be applied for engine families generating credits.

(C) Credits may be obtained from or applied to only engine families within the same averaging set as described in paragraphs (d) and (e) of this section. Credits available for averaging, trading, or banking as defined in §86.090–2, may be applied exclusively to a given engine family, or reserved as defined in §86.091–2.

(2) Based on this information each manufacturer's certification application must demonstrate:

(i) That at the end of model year production, each engine family has a net emissions credit balance of zero or more using the methodology in paragraph (c) of this section with any credits obtained from averaging, trading or banking.

(ii) The source of the credits to be used to comply with the emission standard if the FEL exceeds the standard, or where credits will be applied if the FEL is less than the emission standard. In cases where credits are being obtained, each engine family involved must state specifically the source (manufacturer/engine family) of the credits being used. In cases where credits are being generated/supplied, each engine family involved must state specifically the designated use (manufacturer/engine family or reserved) of the credits involved. All such reports shall include all credits involved in averaging, trading or banking.

(3) During the model year manufacturers must:

(i) Monitor projected versus actual production to be certain that compliance with the emission standards is achieved at the end of the model year.

(ii) Provide the end-of-model year reports required under §86.091–23.

(iii) For manufacturers participating in emission credit trading, maintain the quarterly records required under §86.091–7(c)(8).

(4) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-model year reports, follow-up audits, and any other compliance measures deemed appropriate by the Administrator.

(5) Compliance under averaging, banking, and trading will be determined at the end of the model year. Engine families without an adequate amount of NO_Xand/or particulate emission credits will violate the conditions of the certificate of conformity. The certificates of conformity may be voided ab initio for engine families exceeding the emission standard.

(6) If EPA or the manufacturer determines that a reporting error occurred on an end-of-year report previously submitted to EPA under this section, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative balances may be adjusted by EPA for retroactive use.

(i) If EPA review of a manufacturer's end-of-year report indicates a credit shortfall, the manufacturer will be permitted to purchase the necessary credits to bring the credit balance for that engine family to zero, at the ratio of 1.2 credits purchased for every credit needed to bring the balance to zero. If sufficient credits are not available to bring the credit balance for the engine family in question to zero, EPA may void the certificate for that engine family ab initio.

(ii) If within 180 days of receipt of the manufacturer's end-of-year report, EPA review determines a reporting error in the manufacturer's favor (i.e. resulting in a positive credit balance) or if the manufacturer discovers such an error within 180 days of EPA receipt of the end-of-year report, the credits will be restored for use by the manufacturer.

(c)(1) For each participating engine family, NO_Xand particulate emission credits (positive or negative) are to be calculated according to one of the following equations and rounded, in accordance with ASTM E29–67, to the nearest one-tenth of a Megagram (Mg). Consistent units are to be used throughout the equation.

For determining credit need for all engine families and credit availability for engine families generating credits for averaging programs only:

Emission credits = (Std FEL) × (CF) × (UL) × (Production) × (10⁻⁶)

For determining credit availability for engine families generating credits for trading or banking programs:

Emission credits = (Std FEL) × (CF) × (UL) × (Production) × (10⁻⁶) × (0.8)

Where:

Std = the current and applicable heavy-duty engine NO_Xor particulate emission standard in grams per brake horsepower hour or grams per Megajoule.

FEL = the NO_Xor particulate family emission limit for the engine family in grams per brake horsepower-hour or grams per Megajoule.

CF = a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given in paragraph (c)(2) of this section.

UL = the useful life, or alternative life as described in paragraph (f) of §86.090–21, for the given engine family in miles.

Production = the number of engines produced for U.S. sales within the given engine family during the model year. Quarterly production projections are used for initial certification. Actual production is used for end-of-year compliance determination.

0.8 = a one-time discount applied to all credits to be banked or traded within the model year generated. Banked credits traded in a subsequent model year will not be subject to an additional discount. Banked credits used in a subsequent model year's averaging program will not have the discount restored.

(2) The transient cycle conversion factor is the total (integrated) cycle brake horsepower- hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle-heavy duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles. When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in §86.085–24), the conversion factor used is to be based upon the configuration generating the highest conversion factor when determining credit need for a family and the lowest conversion factor when determining credit availability from a family for banking, trading and averaging.

(d) Averaging sets for NO X emission credits: The averaging and trading of NO_Xemission credits will only be allowed between heavy-duty engine families in the same averaging set and in the same regional category. Engines produced for sale in California constitute a separate regional category than engines produced for sale in the other 49 states. Banking and trading are not applicable to engines sold in California. The averaging sets for the averaging and trading of NO_Xemission credits for heavy-duty engines are defined as follows:

(1) For Otto-cycle heavy-duty engines:

(i) Otto-cycle heavy-duty engines constitute an averaging set. Averaging and trading among all Otto-cycle heavy-duty engine families is allowed. There are no subclass restrictions.

(ii) Gasoline-fueled heavy-duty vehicles certified under the provisions of §86.085–1 (b) may not average or trade credits with gasoline fueled heavy-duty Otto-cycle engines, but may average or trade credits with light-duty trucks.

(2) For diesel cycle heavy-duty engines:

(i) Each of the three primary intended service classes for heavy-duty diesel engines, as defined in §86.090–2, constitute an averaging set. Averaging and trading among all diesel-cycle engine families within the same primary service class is allowed.

(ii) Urban buses are treated as members of the primary intended service class where they otherwise would fall.

(e) Averaging sets for particulate emission credits. The averaging and trading of particulate emission credits will only be allowed between diesel cycle heavy-duty engine families in the same averaging set and in the same regional category. Engines produced for sale in California constitute a separate regional category than engines produced for sale in the other 49 states. Banking and trading are not applicable to engines sold in California. The averaging sets for the averaging and trading of particulate emission credits for diesel cycle heavy-duty engines are defined as follows:

(1) Engines intended for use in urban buses constitute a separate averaging set from all other heavy-duty engines. Averaging and trading between diesel cycle bus engine families is allowed.

(2) For heavy-duty engines, exclusive of urban bus engines, each of the three primary intended service classes for heavy-duty diesel cycle engines, as defined in §86.090–2, constitute an averaging set. Averaging and trading between diesel-cycle engine families within the same primary service class is allowed.

(3) Otto cycle engines may not participate in particulate averaging, trading, or banking.

(f) Banking of NO_Xand particulate emission credits:

(1) Credit deposits. (i) NO_Xand particulate emission credits may be banked from engine families produced in any model year.

(ii) Manufacturers may bank credits only after the end of the model year and after actual credits have been reported to EPA in the end-of-year report. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for trading or averaging.

(2) Credit withdrawals. (i) After being generated, banked credits shall be available for use within three model years following the model year in which they were generated. Credits not used within the period specified above shall be forfeited.

(ii) Manufacturers withdrawing banked emission credits shall indicate so during certification and in their credit reports, as described in §86.091–23.

(3) Use of banked emission credits. The use of banked credits shall be within the averaging set and other restrictions described in paragraphs (d) and (e) of this section, and only for the following purposes:

(i) Banked credits may be used in averaging, or in trading, or in any combination thereof, during the certification period. Credits declared for banking from the previous model year but not reported to EPA may also be used. However, if EPA finds that the reported credits can not be proven, they will be revoked and unavailable for use.

(ii) Banked credits may not be used for NO_Xor particulate averaging and trading to offset emissions that exceed an FEL. Banked credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, banked credits may be used for subsequent production of the engine family if the manufacturer elects to recertify to a higher FEL.

(g)(1) The following paragraphs assume NO_Xand particulate nonconformance penalties (NCPs) will be available for the 1991 and later model year HDEs.

(2) Engine families using NO_Xand/or particulate NCPs but not involved in averaging:

(i) May not generate either NO_Xor particulate credits for banking and trading.

(ii) May not use either NO_Xor particulate credits from banking and trading.

(3) If a manufacturer has any engine family to which application of NCPs and banking and trading credits is desired, that family must be separated into two distinct families. One family, whose FEL equals the standard, must use NCPs only while the other, whose FEL does not equal the standard, must use credits only.

(4) If a manufacturer has any engine family in a given averaging set which is using NO_Xand/or particulate NCPs, none of that manufacturer's engine families in that averaging set may generate credits for banking and trading.

(h) In the event of a negative credit balance in a trading situation, both the buyer and the seller would be liable.

(i) Certification fuel used for credit generation must be of a type that is both available in use and expected to be used by the engine purchaser. Therefore, upon request by the Administrator, the engine manufacturer must provide information acceptable to the Administrator that the designated fuel is readily available commercially and would be used in customer service.

[55 FR 30627, July 26, 1990, as amended at 59 FR 14110, Mar. 25, 1994; 59 FR 50073, Sept. 30, 1994]

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(a) No new gasoline-fueled light-duty vehicle or light-duty truck shall be equipped with a defeat device.

(b) The Administrator may test or require testing on any vehicle at a designated location, using driving cycles and conditions which may reasonably be expected to be encountered in normal operation and use, for the purposes of investigating a potential defeat device.

(c) For cold temperature CO emission control, the Administrator will use a guideline to determine the appropriateness of the CO emission control at ambient temperatures between 25 °F (−4 °C) and 68 °F (20 °C). The guideline for CO emission congruity across the intermediate temperature range is the linear interpolation between the CO standard applicable at 25 °F (−4 °C) and the CO standard applicable at 68 °F (20 °C). For vehicles that exceed this CO emissions guideline upon intermediate temperature cold testing:

(1) If the CO emission level is greater than the 20 °F (−7 °C) emission standard, the vehicle will automatically be considered to be equipped with a defeat device without further investigation.

(2) If the CO emission level does not exceed the 20 °F emission standard, the Administrator may investigate the vehicle design for the presence of a defeat device under paragraph (d) of this section.

(d) For vehicle designs designated by the Administrator to be investigated for possible defeat devices:

(1) The manufacturer must show to the satisfaction of the Administrator that the vehicle design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited during the Federal emissions test procedure when the vehicle is operated under conditions which may reasonably be expected to be encountered in normal operation and use.

(2) Information Submissions Required:

(i) The manufacturer will provide an explanation containing detailed information (including information which the Administrator may request to be submitted) regarding test programs, engineering evaluations, design specifications, calibrations, on-board computer algorithms, and design strategies incorporated for operation both during and outside of the Federal emission test procedure.

(ii) For purposes of investigations of possible cold temperature CO defeat devices under this paragraph (d), the manufacturer shall provide an explanation which must show, to the satisfaction of the Administrator, that CO emissions are reasonably controlled in reference to the linear guideline, across the intermediate temperature range.

[57 FR 31900, July 17, 1992]

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(a) All light-duty vehicles and light-duty trucks shall be equipped with an emission control diagnostic system capable of identifying, for each vehicle's useful life, the following types of deterioration or malfunction which could cause emission increases greater than or exceeding the following threshold levels as measured and calculated in accordance with test procedures set forth in subpart B of this part. Paragraphs (a)(2) and (a)(3) of this section do not apply to diesel cycle light-duty vehicles or light-duty trucks. Paragraphs (a)(1) through (a)(4) of this section do not apply to natural gas-fueled light-duty vehicles and light-duty trucks until the 1998 model year.

(1) Catalyst deterioration before it results in both an exhaust emission exceedance of 0.6 g/mi HC and an exhaust emission increase of 0.4 g/mi HC.

(2) Engine misfire before it results in an exhaust emission increase of greater than 0.4 g/mi HC, 3.4 g/mi CO, or 1.0 g/mi NO_X.

(3) Oxygen sensor deterioration before it results in an exhaust emission increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi NO_X.

(4) Any other deterioration or malfunction within the powertrain which occurs in actual use and which results in an exhaust emission increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi NO_X. or any vapor leak which results in an evaporative emissions increase of greater than 30.0 g/test measured over the first 24 hours of the diurnal portion of the revised evaporative emissions test procedure, in accordance with test procedures set forth in subpart B of this part, for vehicles certified to that test procedure.

(b)(1) The electronic evaporative emission purge control, if equipped, and all emission-related powertrain components connected to a computer shall, at a minimum, be monitored for circuit continuity. In lieu of monitoring circuit continuity, a functional system check may be performed provided the manufacturer can demonstrate that the functional check is equivalent or superior to the circuit continuity monitor. All components required by these regulations to be monitored shall be evaluated periodically, but no less frequently than once per Urban Dynamometer Driving Schedule as defined in appendix I, paragraph (a), of this part, or similar trip.

(2) For non-diesel cycle light-duty vehicles and light-duty trucks, the emission control diagnostic system shall at a minimum, monitor catalytic converters and oxygen sensors and shall detect misfiring cylinders.

(3) Oxygen sensor deterioration or malfunction which renders that sensor incapable of performing its function as part of the OBD system shall be identified on vehicles so equipped.

(c) The emission control diagnostic system shall incorporate a malfunction indicator light (MIL) readily visible to the vehicle operator. When illuminated, it shall display “Check Engine,” “Service Engine Soon,” or a similar phrase approved by the Administrator. A vehicle shall not be equipped with more than one general purpose malfunction indicator light for emission-related problems; separate specific purpose warning lights (e.g. brake system, fasten seat belt, oil pressure, etc.) are permitted. The use of red for the OBD-related malfunction indicator light is prohibited.

(d) The MIL shall illuminate and remain illuminated when any of the conditions specified in paragraphs (a) and (b) of this section are met, or whenever the engine control enters a default or secondary mode of operation. The MIL shall blink under any period of operation during which engine misfire is occurring at a level likely to cause catalyst damage as determined by the manufacturer. The MIL shall also illuminate when the vehicle's ignition is in the “key-on” position before engine starting or cranking and extinguish after engine starting if no malfunction has previously been detected. If a fuel system or engine misfire malfunction has previously been detected, the MIL may be extinguished if the malfunction does not reoccur during three subsequent sequential trips during which engine speed is within 375 rpm, engine load is within 10 percent, and the engine's warm-up status is the same as that under which the malfunction was first detected, and no new malfunctions have been detected. If any malfunction other than a fuel system or engine misfire malfunction has been detected, the MIL may be extinguished if the malfunction does not reoccur during three subsequent sequential trips during which the monitoring system responsible for illuminating the MIL functions without detecting the malfunction, and no new malfunctions have been detected.

(e)(1) The emission control diagnostic system shall record code(s) indicating the status of the emission control system. Absent the presence of any fault codes, separate status codes shall be used to identify correctly functioning emission control systems and those emission control systems which need further vehicle operation to be fully evaluated. Fault codes shall be stored for deterioration or malfunction causing MIL illumination; the fault code shall identify the type of malfunction.

(2) For a single misfiring cylinder, the fault code(s) shall identify the cylinder, unless the manufacturer submits data and/or an engineering evaluation which adequately demonstrate that the misfiring cylinder cannot be reliably identified under certain operating conditions; multiple misfiring cylinders need not be uniquely identified if a distinct multiple misfire fault code is stored.

(3) A fault code shall be stored when the emission control system reverts to a default or secondary mode of operation.

(4) The diagnostic system may erase a fault code if the same fault is not re-registered in at least 40 engine warm-up cycles, and the malfunction indicator light (see paragraph (d) of this section) is not illuminated for that fault code.

(f) Available Diagnostic Signals. (1) Upon determination of the first malfunction of any component or system, “freeze frame” engine conditions present at the time shall be stored in computer memory. Should a subsequent fuel system or misfire malfunction occur, any previously stored freeze frame conditions shall be replaced by the fuel system or misfire conditions (whichever occurs first). Stored engine conditions shall include, but are not limited to: Engine speed, open or closed loop operation, fuel system commands, coolant temperature, calculated load value, fuel pressure, vehicle speed, air flow rate, and intake manifold pressure if the information needed to determine these conditions is available to the computer. For freeze frame storage, the manufacturer shall include the most appropriate set of conditions to facilitate effective repairs. If the fault code causing the conditions to be stored is erased in accordance with paragraph (c) of this section, the stored engine conditions may also be erased.

(2) The following signals in addition to the required freeze frame information shall be made available on demand through the serial port on the standardized data link connector, if the information is available to the on-board computer or can be determined using information available to the on-board computer: Diagnostic trouble codes, engine coolant temperature, fuel control system status (closed loop, open loop, other), fuel trim, ignition timing advance, intake air temperature, manifold air pressure, air flow rate, engine RPM, throttle position sensor output value, secondary air status (upstream, downstream, or atmosphere), calculated load value, vehicle speed, and fuel pressure. The signals shall be provided in standard units based on SAE specifications incorporated by reference in paragraph (h) of this section. Actual signals shall be clearly identified separately from default value or limp home signals. In addition, the capability to perform bi-directional diagnostic control based on SAE specifications shall be made available on demand through the serial port on the standardized data link connector per SAE specifications as referenced in paragraph (h) of this section.

(3) For all emission control components and systems for which specific on-board evaluation tests are conducted (catalyst, oxygen sensor, etc.), the results of the most recent test performed by the vehicle, and the limits to which the system is compared shall be available through the data link per SAE J1979 specifications as referenced in paragraph (h) of this section beginning no later than the 1997 model year. The Administrator may allow a pass/fail indication for the most recent test results for those monitored components and systems for which such an indication is more appropriate (e.g., misfire detection, fuel system monitoring, etc.).

(4) The OBD requirements to which the vehicle is certified (i.e., California OBD II or Federal OBD), and the major emission control systems monitored by the OBD system consistent with paragraph (h)(3) of this section, shall be available through the serial data port on the standardized data link connector per SAE specifications as referenced in paragraph (h) of this section.

(g) The emission control diagnostic system is not required to evaluate components during malfunction conditions if such evaluation would result in a risk to safety or component failure.

(h) The emission control diagnostic system shall provide for standardized access and conform with the following Society of Automotive Engineers (SAE) standards. The following SAE documents are incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the SAE documents may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096–0001. Copies may be inspected at Docket No. A–90–35 at EPA's Air docket (LE–131), room 1500 M, 1st Floor, Waterside Mall, 401 M St., SW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(1) SAE J1850 “Class B Data Communication Network Interface,” (AUG91) shall be used as the on-board to off-board communications protocol. All emission related messages sent to the scan tool over a J1850 data link shall use the Cyclic Redundancy Check and the three byte header, and shall not use inter-byte separation or checksums.

(2) Basic diagnostic data (as specified in §86.094–17(f)) shall be provided in the format and units in SAE J1979 “E/E Diagnostic Test Modes,” (DEC91). Basic bi-directional diagnostic capability shall be available and be consistent with SAE J1979 messages.

(3) Fault codes shall be consistent with SAE J2012 “Recommended Format and Messages for Diagnostic Trouble Code Definitions,” (MAR92) Part C.

(4) The connection interface between the OBD system and test equipment and diagnostic tools shall meet the functional requirements of SAE J1962 “Diagnostic Connector,” (JUN92).

(5) Limitation of Access—Any limitation of access to the diagnostic system shall be consistent with §86.094–18. Access to vehicle calibration data, vehicle odometer, and keyless entry codes can be limited under the provisions of §86.094.

(i) Upon application by the manufacturer, the Administrator may either waive the requirements of this section for specific components of any class or category of light-duty vehicles or light-duty trucks for model years 1994 or 1995 (or both), or through the 1999 model year, the Administrator may accept an OBD system as compliant even though specific requirements are not fully met. Such waivers or compliances without meeting specific requirements will be granted only if compliance would be infeasible or unreasonable considering such factors as, but not limited to, technical feasibility, lead time and production cycles including phase-in or phase-out of engines or vehicle designs and programmed upgrades of computers, and if any unmet requirements are not carried over from the previous model year except where unreasonable hardware modifications would be necessary to correct the non-compliance, and the manufacturer has demonstrated an acceptable level of effort toward compliance as determined by the Administrator. For alternate fueled vehicles (i.e. natural gas, liquefied petroleum gas, or methanol), beginning with the model year for which alternate fuel emission standards are applicable and extending through the 1999 model year, manufacturers may request the Administrator to waive specific monitoring requirements of this section for which monitoring may not be reliable with respect to the use of the alternate fuel. At a minimum, all vehicles covered by this section, including those receiving a waiver as described in this paragraph, shall be equipped with an OBD system meeting either the California OBD I requirements, or some acceptable portion of the California OBD II or federal OBD requirements as specified in this section, except that for the 1994 and 1995 model years EPA may grant a waiver to a system less than OBD I giving consideration to such factors as manufacturer projections of very low sales volume for an engine family (e.g., 5000 or less), scheduled phase-out of significant engine technology with the 1994 or 1995 model years for that engine family, and whether or not the engine, or any similar engine within the manufacturer's product line, has ever been equipped with an OBD I or similar OBD system.

(j) Demonstration of compliance with California OBD II requirements (Title 13 California Code section 1968.1)as modified pursuant to California Mail Out #95–34 (September 26, 1995), shall satisfy the requirements of this section through the 1998 model year except that compliance with Title 13 California Code section 1968.1(d), pertaining to tampering protection, is not required to satisfy the requirements of this section.

[58 FR 9485, Feb. 19, 1993, as amended at 59 FR 48497, Sept. 21, 1994; 59 FR 15247, Mar. 23, 1995; 60 FR 37945, July 25, 1995; 60 FR 39266, Aug. 2, 1995; 61 FR 45903, Aug. 30, 1996; 63 FR 7719, Feb. 17, 1998]

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(a) A separate application for a certificate of conformity shall be made for each set of standards (or family emission limits, as appropriate) and each class of new motor vehicles or new motor vehicle engines. Such application shall be made to the Administrator by the manufacturer and shall be updated and corrected by amendment.

(b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following:

(1)(i) Identification and description of the vehicles (or engines) covered by the application and a description of their engine (vehicles only), emission control system, and fuel system components. This description will include:

(A) A detailed description of each Auxiliary Emission Control Device (AECD) to be installed in or on any vehicle (or engine) covered by the application;

(B) A detailed justification of each AECD (described in (b)(1)(i)(A) of this section) which results in a reduction in effectiveness of the emission control system. Such a justification may be disapproved by consideration of currently available technology, whereupon the application for certification may be disapproved under §86.094–22(b) for the incorporation of a defeat device;

(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to be within the intermediate temperature cold testing defeat device guidance as described in §86.094–16.

( 1 ) This Statement of Compliance will be supported by a brief description of the vehicle's technological method of controlling CO emissions at intermediate temperatures.

( 2 ) The manufacturer will determine a method (e.g., a test program, an engineering evaluation) which is adequate to support their Statement of Compliance. The manufacturer will support this Statement with a brief summary of the chosen method. Further details must be made available upon the Administrator's request.

(ii)(A) The manufacturer shall provide to the Administrator in the application for certification:

( 1 ) A list of those parameters which are physically capable of being adjusted (including those adjustable parameters for which access is difficult) and that, if adjusted to settings other than the manufacturer's recommended setting, may affect emissions;

( 2 ) A specification of the manufacturer's intended physically adjustable range of each such parameter, and the production tolerances of the limits or stops used to establish the physically adjustable range;

( 3 ) A description of the limits or stops used to establish the manufacturer's intended physically adjustable range of each adjustable parameter, or any other means used to inhibit adjustment;

( 4 ) The nominal or recommended setting, and the associated production tolerances, for each such parameter.

(B) The manufacturer may provide, in the application for certification, information relating to why certain parameters are not expected to be adjusted in actual use and to why the physical limits or stops used to establish the physically adjustable range of each parameter, or any other means used to inhibit adjustment, are effective in preventing adjustment of parameters on in-use vehicles to settings outside the manufacturer's intended physically adjustable ranges. This may include results of any tests to determine the difficulty of gaining access to an adjustment or exceeding a limit as intended or recommended by the manufacturer.

(C) The Administrator may require to be provided detailed drawings and descriptions of the various emission related components, and/or hardware samples of such components, for the purpose of making his determination of which vehicle or engine parameter will be subject to adjustment for new certification and Selective Enforcement Audit testing and of the physically adjustable range for each such vehicle or engine parameter.

(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and, for model year 1994 through 1995 light-duty vehicles and light light-duty trucks and model year 1996 heavy light-duty trucks, data sufficient to determine projected compliance with the Tier 1 standards implementation schedules of §§86.094–8 and 86.094–9. The data shall also include the altitude of intended sale for model year 1994 light-duty trucks certified to the Tier 0 standards of §86.094–9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.

(3) A description of the test equipment and fuel proposed to be used.

(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission deterioration factors required to be determined and supplied in §86.094–23(b)(2).

(ii) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, the Administrator does not assume that each evaporative emission family-evaporative emission control system combination will deteriorate in a unique manner during the useful life of the vehicle. The manufacturer shall therefore identify those evaporative emission deterioration factors which shall be applied to the various evaporative emission family-evaporative emission control system combinations which are expected to exhibit similar deterioration characteristics during the useful life of the vehicle.

(5)(i)(A) A description of the test procedures to be used to establish the durability data or the exhaust emission deterioration factors required to be determined and supplied in §86.094–23(b)(1).

(B) For each light-duty truck engine family provided an optional useful life period under the provisions of paragraph (f) of this section, and for each heavy-duty engine family, a statement of the useful life.

(C) For engine families provided an alternative useful-life period under paragraph (f) of this section, a statement of that alternative period and a brief synopsis of the justification.

(ii) For heavy-duty diesel engine families, a statement of the primary intended service class (light, medium, or heavy) and an explanation as to why that service class was selected. Each diesel engine family shall be certified under one primary intended service class only. After reviewing the guidance in §86.090–2, the class shall be determined on the basis of which class best represents the majority of the sales of that engine family.

(iii)(A) For each light-duty vehicle engine family, each light-duty truck engine family, and each heavy-duty engine family, a statement of recommended maintenance and procedures necessary to assure that the vehicles (or engines) covered by a certificate of conformity in operation conform to the regulations, and a description of the program for training of personnel for such maintenance, and the equipment required.

(B) A description of vehicle adjustments or modifications necessary, if any, to assure that light-duty vehicles and light-duty trucks covered by a certificate of conformity conform to the regulations while being operated at any altitude locations, and a statement of the altitude at which the adjustments or modifications apply.

(iv) At the option of the manufacturer, the proposed composition of the emission data test fleet or (where applicable) the durability data test fleet.

(6) Participation in averaging programs —(i) Particulate averaging. (A) If the manufacturer elects to participate in the particulate averaging program for diesel light-duty vehicles and/or diesel light-duty trucks or the particulate averaging program for heavy-duty diesel engines, the application must list the family particulate emission limit and the projected U.S. production volume of the family for the model year.

(B) The manufacturer shall choose the level of the family particulate emission limits, accurate to hundredth of a gram per mile or hundredth of a gram per brake horsepowerhour for heavy-duty engines.

(C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in §§86.090–2 and 86.094–28(b)(5)(i).

(ii) NO X averaging. (A) If the manufacturer elects to participate in the NO_Xaveraging program for light-duty trucks or the NO_Xaveraging program for heavy-duty engines, the application must list the family NO_Xemission limit and the projected U.S. production volume of the family for the model year.

(B) The manufacturer shall choose the level of the family NO_Xemission limits, accurate to one-tenth of a gram per mile or to one-tenth of a gram per brake horsepower-hour for heavy-duty engines.

(C) The manufacturer may at any time during production elect to change the level of any family NO_Xemission limit(s) by submitting the new limits to the Administrator and by demonstrating compliance with the limit(s) as described in §§86.088–2 and 86.094–28(b)(5)(ii).

(7)(i) For Otto-cycle heavy-duty engines, the application must state whether the engine family is being certified for use in all vehicles regardless of their Gross Vehicle Weight Rating (see §86.091–10 (a)(1)(i) and (a)(3)(i)), or only for use in vehicles with a Gross Vehicle Weight Rating greater than 14,000 pounds.

(ii) If the engine family is being certified for use in all vehicles and is being certified to the emission standards applicable to Otto-cycle engines for use only in vehicles with a Gross Vehicle Weight Rating over 14,000 pounds under the provisions of §86.091–10(a)(3), then the application must also attest that the engine family, together with all other engine families being certified under the provisions of §86.091–10(a)(3), represent no more than 5 percent of model year sales of the manufacturer of all Otto-cycle heavy-duty engines for use in vehicles with Gross Vehicle Weight Ratings of up to 14,000 pounds.

(8) For each light-duty vehicle or light-duty truck engine family, the exhaust emission standards (or family emission limits, if applicable) to which the engine family is to be certified, and the corresponding exhaust emission standards (or family emission limits, if applicable) which the engine family must meet in-use.

(c) Complete copies of the application and of any amendments thereto, and all notifications under §§86.079–32, 86.079–33, and 86.082–34 shall be submitted in such multiple copies as the Administrator may require.

(d) Incomplete light-duty trucks shall have a maximum completed curb weight and maximum completed frontal area specified by the manufacturer.

(e) For vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines, the manufacturer shall specify a maximum nominal fuel tank capacity for each evaporative emission family-evaporative emission control system combination.

(f) Light-duty truck and heavy-duty engine manufacturers who believe that the useful life periods of §86.094–2 are significantly unrepresentative for one or more engine families (either too long or too short), may petition the Administrator to provide an alternative useful-life period. This petition must include the full rationale behind the request together with any supporting data and other evidence. Based on this or other information the Administrator may assign an alternative useful-life period. Any petition should be submitted in a timely manner, to allow adequate time for a thorough evaluation. For model year 1994 and later light-duty trucks not subject to the Tier 0 standards of §86.094–9, alternative useful life periods will be granted only for THC, THCE, and idle CO requirements.

(g) The manufacturer shall identify those families which will not comply with cold temperature carbon monoxide standards.

(h) For each engine family incorporating an emission control diagnostic system, the manufacturer shall submit the following information:

(1) Detailed written information fully describing the functional operation characteristics of the diagnostic system.

(2) The general method of detecting malfunctions for each emission-related powertrain component.

(i) [Reserved]

(j) For methanol-fueled vehicles, the manufacturer shall specify:

(1) Whether the vehicle is a flexible fuel vehicle or a dedicated vehicle (manufacturers must obtain advance approval from the Administrator to classify methanol-fueled vehicles that can use gasoline as dedicated vehicles); and

(2) The fuel(s) ( i.e., the percent methanol) for which the vehicle was designed.

[58 FR 4009, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993, 60 FR 34335, June 30, 1995; 63 FR 70694, Dec. 22, 1998]

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(a) After a review of the application for certification and any other information which the Administrator may require, the Administrator may approve the application and select a test fleet in accordance with §86.094–24.

(b) Disapproval of application. (1) The Administrator may disapprove in whole or in part an application for certification for reasons including incompleteness, inaccuracy, inappropriate proposed mileage (or service) accumulation procedures, test equipment, or fuel; or incorporation of defeat devices in vehicles (or on engines) described by the application.

(2) The issuance of a certificate of conformity does not exempt the covered vehicles from further evaluation or testing for defeat device purposes as described in §86.094–16.

(c) Where any part of an application is rejected, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection. Within 30 days following receipt of such notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after the review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with §86.078–6 with respect to such issue.

(d) Approval of test procedures. (1) The Administrator does not approve the test procedures for establishing the evaporative emission deterioration factors for light-duty vehicles and light-duty trucks. The manufacturer shall submit the procedures as required in §86.094–21(b)(4)(i) prior to the Administrator's selection of the test fleet under §86.094–24(b)(1), and if such procedures will involve testing of durability data vehicles selected by the Administrator or elected by the manufacturer under §86.094–24(c)(1), prior to initiation of such testing.

(2) Light-duty trucks using the Standard Self-Approval durability Program and heavy-duty engines only. The Administrator does not approve the test procedures for establishing exhaust emission deterioration factors for light-duty trucks using the Standard Self-Approval Durability Program described in §86.094–13(f) nor for heavy-duty engines. The manufacturer shall submit these procedures and determinations as required in §86.094–21(b)(5)(i) prior to determining the deterioration factors.

(3) Heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines only. The Administrator does not approve the test procedures for establishing the evaporative emission deterioration factors. The test procedure will conform to the requirements in §86.094–23(b)(3).

(e) Parameter adjustment requirements. When the Administrator selects emission data vehicles for the test fleet, he will at the same time determine those vehicle or engine parameters which will be subject to adjustment for certification, Selective Enforcement Audit and Production Compliance Audit testing, the adequacy of the limits, stops, seals, or other means used to inhibit adjustment, and the resulting physically adjustable ranges for each such parameter and will then notify the manufacturer of his determinations.

(1) Determining parameters subject to adjustment. (i) Except as noted in paragraph (e)(1)(iv) of this section, the Administrator may determine to be subject to adjustment the idle fuel-air mixture parameter on Otto-cycle vehicles (or engines) (carbureted or fuel-injected); the choke valve action parameter(s) on carbureted, Otto-cycle vehicles (or engines); or any parameter on any vehicle (or engine) (Otto-cycle or diesel) which is physically capable of being adjusted, may significantly affect emissions, and was not present on the manufacturer's vehicles (or engines) in the previous model year in the same form and function.

(ii) The Administrator may, in addition, determine to be subject to adjustment any other parameters on any vehicle or engine which is physically capable of being adjusted and which may significantly affect emissions. However, the Administrator may do so only if he has previously notified the manufacturer that he might do so and has found, at the time he gave this notice, that the intervening period would be adequate to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. In no event will this notification be given later than September 1 of the calendar year two years prior to the model year.

(iii) In determining the parameters subject to adjustment, the Administrator will consider the likelihood that, for each of the parameters listed in paragraphs (e)(1) (i) and (ii) of this section, settings other than the manufacturer's recommended setting will occur on in-use vehicles (or engines). In determining likelihood, the Administrator may consider such factors as, but not limited to, information contained in the preliminary application, surveillance information from similar in-use vehicles (or engines), the difficulty and cost of gaining access to an adjustment, damage to the vehicle (or engine) if an attempt is made to gain such access and the need to replace parts following such attempt, and the effect of settings other than the manufacturer's recommended setting on vehicle (or engine) performance characteristics including emission characteristics.

(iv) Manual chokes of heavy-duty engines only will not be considered a parameter subject to adjustment under the parameter adjustment requirements.

(2)(i) The Administrator shall determine a parameter to be adequately inaccessible or sealed if:

(A) In the case of an idle mixture screw, the screw is recessed within the carburetor casting and sealed with lead, thermosetting plastic, or an inverted elliptical spacer or sheared off after adjustment at the factory, and the inaccessibility is such that the screw cannot be accessed and/or adjusted with simple tools in one-half hour or for $20 (1978 dollars) or less;

(B) In the case of a choke bimetal spring, the plate covering the bimetal spring is riveted or welded in place, or held in place with nonreversible screws;

(C) In the case of a parameter which may be adjusted by elongating or bending adjustable members (e.g., the choke vacuum break), the elongation of the adjustable member is limited by design or, in the case of a bendable member, the member is constructed of a material which when bent would return to its original shape after the force is removed (plastic or spring steel materials);

(D) In the case of any parameter, the manufacturer demonstrates that adjusting the parameter to settings other than the manufacturer's recommended setting takes more than one-half hour or costs more than $20 (1978 dollars).

(ii) The Administrator shall determine a physical limit or stop to be an adequate restraint on adjustability if:

(A) In the case of a threaded adjustment, the threads are terminated, pinned, or crimped so as to prevent additional travel without breakage or need for repairs which take more than one-half hour or cost more than $20 (1978 dollars);

(B) The adjustment is ineffective at the end of the limits of travel regardless of additional forces or torques applied to the adjustment;

(C) The manufacturer demonstrates that travel or rotation limits cannot be exceeded with the use of simple and inexpensive tools (screwdriver, pliers, open-end or box wrenches, etc.) without incurring significant and costly damage to the vehicle (or engine) or control system or without taking more than one-half hour or costing more than $20 (1978 dollars).

(iii) If manufacturer service manuals or bulletins describe routine procedures for gaining access to a parameter or for removing or exceeding a physical limit, stop, seal or other means used to inhibit adjustment, or if surveillance data indicate that gaining access, removing, or exceeding is likely, paragraphs (e)(2)(i) and (ii) of this section shall not apply for that parameter.

(iv) In determining the adequacy of a physical limit, stop, seal, or other means used to inhibit adjustment of a parameter not covered by paragraph (e)(2)(i) or (ii) of this section, the Administrator will consider the likelihood that it will be circumvented, removed, or exceeded on in-use vehicles. In determining likelihood, the Administrator may consider such factors as, but not limited to, information contained in the preliminary application; surveillance information from similar in-use vehicles (or engines); the difficulty and cost of circumventing, removing, or exceeding the limit, stop, seal, or other means; damage to the vehicle (or engine) if an attempt is made to circumvent, remove, or exceed it and the need to replace parts following such attempt; and the effect of settings beyond the limit, stop, seal, or other means on vehicle (or engine) performance characteristics other than emission characteristics.

(3) The Administrator shall determine two physically adjustable ranges for each parameter subject to adjustment:

(i)(A) In the case of a parameter determined to be adequately inaccessible or sealed, the Administrator may include within the physically adjustable range applicable to testing under this subpart (certification testing) all settings within the production tolerance associated with the nominal setting for that parameter, as specified by the manufacturer in the preliminary application for certification; or

(B) In the case of other parameters, the Administrator shall include within this range all settings within physical limits or stops determined to be adequate restraints on adjustability. The Administrator may also include the production tolerances on the location of these limits or stops when determining the physically adjustable range.

(ii)(A) In the case of a parameter determined to be adequately inaccessible or sealed, the Administrator shall include within the physically adjustable range applicable to testing under subparts G or K (Selective Enforcement Audit and Production Compliance Audit) only the actual settings to which the parameter is adjusted during production; or

(B) In the case of other parameters, the Administrator shall include within this range all settings within physical limits or stops determined to be adequate restraints on adjustability, as they are actually located on the test vehicle (or engine).

(f) Submittal of advance information. (1) If the manufacturer submits the information specified in §86.094–21(b)(1)(ii) in advance of its full preliminary application for certification, the Administrator shall review the information and make the determinations required in paragraph (e) of this section within 90 days of the manufacturer's submittal.

(2) The 90-day decision period is exclusive of the elapsed time during which EPA may request additional information from manufacturers regarding an adjustable parameter and the receipt of the manufacturers' response(s).

(g) Within 30 days following receipt of notification of the Administrator's determinations made under paragraph (e) of this section, the manufacturer may request a hearing on the Administrator's determinations. The request shall be in writing, signed by an authorized representative of the manufacturer, and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with §86.078–6 with respect to such issue.

[48 FR 4010, Jan. 12, 1993]

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(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 (l) of this section, 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 §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 heavy-duty engines and all test data that are derived from the testing described under §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 §86.094–30 will meet each emission standard (or family emission limit, as appropriate) in §86.094–9, §86.091–10, or §86.094–11 as appropriate, in actual use for the useful life applicable to that standard.

(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit 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 §86.094–21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under §86.094–30 will meet the evaporative emission standards in §86.094–8 or §86.094–9, as appropriate, for the useful life of the vehicle.

(3) For heavy-duty vehicles equipped with gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines, evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination identified in accordance with §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, 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 §86.091–30 will meet the evaporative emission standards in §86.091–10 and §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 pounds and equipped with gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines, a written statement to the Administrator certifying that the manufacturer's vehicles meet the standards of §86.091–10 or §86.091–11 (as applicable) as determined by the provisions of §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 pounds and equipped with gasoline-fueled, natural gas-fueled, liquefied petroleum gas-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 §86.091–10 or §86.091–11 (as applicable) as determined by the provisions of §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.

(c) Emission data. (1) Emission data, including in the case of methanol fuel, methanol, formaldehyde and total hydrocarbon equivalent, exhaust methane data in the case of vehicles meeting a non-methane hydrocarbon standard 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 §86.090–26(a)(3)(i) or §86.090–26(a)(3)(ii). In lieu of providing emission data 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 certain applicable emission standards of §86.094–8 or §86.094–9. Standards eligible for such manufacturer requests are those for idle CO emissions, smoke emissions, or particulate emissions from methanol-fueled, natural gas-fueled and liquefied petroleum gas-fueled diesel-cycle certification vehicles, on evaporative emissions or refueling emissions from natural gas-fueled or liquefied petroleum gas-fueled vehicles (light-duty and heavy-duty), and those for particulate emissions from model year 1994 and later gasoline-fueled, methanol-fueled, natural gas-fueled or liquefied petroleum gas-fueled Otto-cycle certification vehicles that are not certified to the Tier 0 standards of §86.094–9 (a)(1)(i), (a)(1)(ii), or §86.094–8(a)(1)(i). Also eligible for such requests are standards for total hydrocarbon emissions from model year 1994 and later certification vehicles that are not certified to the Tier 0 standards of §86.094–9 (a)(1)(i), (a)(1)(ii) or §86.094–8(a)(1)(i). By separate request, including appropriate supporting test data, the manufacturer may request that the Administrator also waive the requirement to measure particulate emissions when conducting Selective Enforcement Audit testing of Otto-cycle vehicles, or the requirement to measure evaporative emissions when conducting Selective Enforcement Audit testing of natural gas or liquefied petroleum gas-fueled vehicles.

(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 §86.090–26(c)(4). In lieu of providing emission data on idle CO emissions, smoke emissions or particulate emissions from methanol-fueled, natural gas-fueled or liquefied petroleum gas-fueled diesel certification engines, or on CO emissions from petroleum-fueled, natural gas-fueled, liquefied petroleum gas-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 §86.091–11, or §86.094–11.

(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 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 §86.084–5(b), and that the descriptions of tests performed to ascertain compliance with the general standards in §86.084–5(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) 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 §86.094–30(b) shall then be followed.

(2) For evaporative emission durability, or light-duty truck or heavy-duty engine exhaust emission durability, the manufacturer shall submit 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; and

(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 NO_Xaveraging 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 NO_Xstandard(s) to be exceeded; and

(2) No longer than 90 days after the end of a given model year of production of engine families included in the NO_Xaveraging program, the number of vehicles produced in each engine family at each certified NO_Xemission level.

(h) Additionally, manufacturers participating in any of the NO_Xand/or particulate averaging, trading, or banking programs for heavy-duty engines shall submit for each participating family the items listed in paragraphs (h)(1) through (3) of this section.

(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 averaging, trading, or banking programs cause the applicable NO_Xor particulate standard(s) to be exceeded.

(ii) The application for certification will also include the type (NO_Xor 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 §86.094–15. 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 §86.094–15. The application must project that each engine family will be in compliance with the applicable NO_Xand/or particulate 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 averaging, trading, or banking 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, 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 credits as given in §86.094–15, the resulting type (NO_Xor 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 §86.094–15 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 changes in the 49 state 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 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 (42 U.S.C. 7522(a)(1)) for each such vehicle and engine.

(j) Failure by a manufacturer generating credits for deposit only in either the HDE NO_Xor 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 in paragraphs (f) through (j) of this section.

(l) Additionally, manufacturers certifying vehicles shall submit for each model year 1994 through 1997 light-duty vehicle and light light-duty truck engine family and each model year 1996 through 1998 heavy light-duty truck engine family the information listed in paragraphs (l) (1) and (2) of this section.

(1) Application for certification. In the application for certification, the manufacturer shall submit the projected sales volume of engine families certifying to the respective standards, and the in-use standards that each engine family will meet. 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 engine family. (i) These end-of-year 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 model year, engine 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 which 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 engine family(ies) certified to Tier 0 certification standards 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 Tier l standards implementation schedules of §§86.094–8 and 86.094–9, and the Tier 1 and Tier 1_Iimplementation schedules of §§86.708–94 and 86.709–94.

[58 FR 4012, Jan. 12, 1993, as amended at 58 FR 33208, June 16, 1993; 58 FR 66294, Dec. 20, 1993; 59 FR 14110, Mar. 25, 1994; 59 FR 48498, Sept. 21, 1994]

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(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.

(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust or evaporative emission deterioration factors is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.

(b) This section specifies emission-related scheduled maintenance for purposes of obtaining durability data and for inclusion in maintenance instructions furnished to purchasers of new motor vehicles and new motor vehicles engines under §86.087–38.

(1) All emission-related scheduled maintenance for purposes of obtaining durability data must occur at the same mileage intervals (or equivalent intervals if engines, subsystems, or components are used) that will be specified in the manufacturer's maintenance instructions furnished to the ultimate purchaser of the motor vehicle or engine under §86.094–35. This maintenance schedule may be updated as necessary throughout the testing of the vehicle/engine, provided that no maintenance operation is deleted from the maintenance schedule after the operation has been performed on the test vehicle or engine.

(2) Any emission-related maintenance which is performed on vehicles, engines, subsystems, or components must be technologically necessary to assure in-use compliance with the emission standards. The manufacturer must submit data which demonstrate to the Administrator that all of the emission-related scheduled maintenance which is to be performed is technologically necessary. Scheduled maintenance must be approved by the Administrator prior to being performed or being included in the maintenance instructions provided to purchasers under §86.087–38. The Administrator has determined that emission-related maintenance at shorter intervals than those outlined in paragraphs (b) (3) and (4) of this section is not technologically necessary to ensure in-use compliance. However, the Administrator may determine that maintenance even more restrictive (e.g., longer intervals) than that listed in paragraphs (b) (3) and (4) of this section is also not technologically necessary.

(3) For Otto-cycle light-duty vehicles, light-duty trucks and heavy duty engines, emission-related maintenance in addition to, or at shorter intervals than, that listed in paragraphs (b)(3) (i) through (vii) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.

(i)(A) The cleaning or replacement of light-duty vehicle or light-duty truck spark plugs shall occur at 30,000 miles of use and at 30,000-mile intervals thereafter.

(B) The cleaning or replacement of Otto-cycle heavy duty engine spark plugs shall occur at 25,000 miles (or 750 hours) of use and at 25,000-mile (or 750-hour) intervals thereafter, for engines certified for use with unleaded fuel only.

(ii) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(ii) (A) through (D) of this section shall occur at 50,000 miles of use and at 50,000-mile intervals thereafter.

(A) Positive crankcase ventilation valve.

(B) Emission-related hoses and tubes.

(C) Ignition wires.

(D) Idle mixture.

(iii) For heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(iii) (A) through (D) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.

(A) Positive crankcase ventilation valve.

(B) Emission-related hoses and tubes.

(C) Ignition wires.

(D) Idle mixture.

(iv) For light-duty vehicles, light-duty trucks and heavy-duty engines, the adjustment, cleaning, repair, or replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter.

(v) For heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(v) (A) through (G) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter.

(A) Catalytic converter.

(B) Air injection system components.

(C) Fuel injectors.

(D) Electronic engine control unit and its associated sensors (except oxygen sensor) and actuators.

(E) Evaporative emission canister.

(F) Turbochargers.

(G) Carburetors.

(vi) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(vi) (A) through (I) of this section shall occur at 100,000 miles of use and at 100,000-mile intervals thereafter.

(A) Catalytic converter.

(B) Air injection system components.

(C) Fuel injectors.

(D) Electronic engine control unit and its associated sensors (except oxygen sensor) and actuators.

(E) Evaporative emission canister.

(F) Turbochargers.

(G) Carburetors.

(H) Superchargers.

(I) EGR System including all related filters and control valves.

(vii) For heavy-duty engines certified for use with unleaded fuel only, the adjustment, cleaning, repair, or replacement of the EGR system (including all related filters and control valves) shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.

(4) For diesel-cycle light-duty vehicles, light-duty trucks, and heavy-duty engines, emission-related maintenance in addition to, or at shorter intervals than that listed in paragraphs (b)(4) (i) through (iv) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.

(i) For heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(4)(i) (A) through (C) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.

(A) Exhaust gas recirculation system including all related filters and control valves.

(B) Positive crankcase ventilation valve.

(C) Fuel injector tips (cleaning only).

(ii) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the positive crankcase ventilation valve shall occur at 50,000 miles of use and at 50,000-mile intervals thereafter.

(iii) The adjustment, cleaning, repair, or replacement of items listed in paragraphs (b)(4)(iii) (A) through (D) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter for light heavy-duty engines, or, at 150,000 miles (or 4,500 hours) intervals thereafter for medium and heavy-duty engines.

(A) Fuel injectors.

(B) Turbocharger.

(C) Electronic engine control unit and its associated sensors and actuators.

(D) Particulate trap or trap-oxidizer system (including related components).

(iv) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement shall occur at 100,000 miles of use and at 100,000-mile intervals thereafter of the items listed in paragraphs (b)(4)(iv) (A) through (G) of this section.

(A) Fuel injectors.

(B) Turbocharger.

(C) Electronic engine control unit and its associated sensors and actuators.

(D) Particulate trap or trap-oxidizer system (including related components).

(E) Exhaust gas recirculation system including all related filters and control valves.

(F) Catalytic converter.

(G) Superchargers.

(5) [Reserved]

(6)(i) The components listed in paragraphs (b)(6)(i) (A) through (G) of this section are currently defined as critical emission-related components.

(A) Catalytic converter.

(B) Air injection system components.

(C) Electronic engine control unit and its associated sensors (including oxygen sensor if installed) and actuators.

(D) Exhaust gas recirculation system (including all related filters and control valves).

(E) Positive crankcase ventilation valve.

(F) Evaporative emission control system components (excluding canister air filter).

(G) Particulate trap or trap-oxidizer system.

(ii) All critical emission-related scheduled maintenance must have a reasonable likelihood of being performed in-use. The manufacturer shall be required to show the reasonable likelihood of such maintenance being performed in-use, and such showing shall be made prior to the performance of the maintenance on the durability data vehicle. Critical emission-related scheduled maintenance items which satisfy one of the conditions defined in paragraphs (b)(6)(ii) (A) through (F) of this section will be accepted as having a reasonable likelihood of the maintenance item being performed in-use.

(A) Data are presented which establish for the Administrator a connection between emissions and vehicle performance such that as emissions increase due to lack of maintenance, vehicle performance will simultaneously deteriorate to a point unacceptable for typical driving.

(B) Survey data are submitted which adequately demonstrate to the Administrator that, at an 80 percent confidence level, 80 percent of such engines already have this critical maintenance item performed in-use at the recommended interval(s)

(C) A clearly displayed visible signal system approved by the Administrator is installed to alert the vehicle driver that maintenance is due. A signal bearing the message “maintenance needed” or “check engine,”, or a similar message approved by the Administrator, shall be actuated at the appropriate mileage point or by component failure. This signal must be continuous while the engine is in operation and not be easily eliminated without performance of the required maintenance. Resetting the signal shall be a required step in the maintenance operation. The method for resetting the signal system shall be approved by the Administrator.

(D) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in-use experience without the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected vehicles per critical emission-related maintenance item without such visible signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph (b)(6)(ii)(B) of this section. This option is restricted to two consecutive model years and may not be repeated until any previous survey has been completed. If the critical maintenance involves more than one engine family, the sample will be sales weighted to ensure that it is representative of all the families in question.

(E) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenance is free in the instructions provided under §86.087–38.

(F) Any other method which the Administrator approves as establishing a reasonable likelihood that the critical maintenance will be performed in-use.

(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inoperative without also performing the indicated maintenance procedure is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a) (3)).

(7) Changes to scheduled maintenance. (i) For maintenance practices that existed prior to the 1980 model year, only the maintenance items listed in paragraphs (b) (3) and (4) of this section are currently considered by EPA to be emission-related. The Administrator may, however, determine additional scheduled maintenance items that existed prior to the 1980 model year to be emission-related by announcement in aFederal RegisterNotice. In no event may this notification occur later than September 1 of the calendar year two years prior to the affected model year.

(ii) In the case of any new scheduled maintenance, the manufacturer must submit a request for approval to the Administrator for any maintenance that it wishes to recommend to purchasers and perform during durability determination. New scheduled maintenance is that maintenance which did not exist prior to the 1980 model year, including that which is a direct result of the implementation of new technology not found in production prior to the 1980 model year. The manufacturer must also include its recommendations as to the category (i.e., emission-related or non-emission-related, critical or non-critical) of the subject maintenance and, for suggested emission-related maintenance, the maximum feasible maintenance interval. Such requests must include detailed evidence supporting the need for the maintenance requested, and supporting data or other substantiation for the recommended maintenance category and for the interval suggested for emission-related maintenance. Requests for new scheduled maintenance must be approved prior to the introduction of the new maintenance. The Administrator will then designate the maintenance as emission-related or non-emission-related. For maintenance items established as emission-related, the Administrator will further designate the maintenance as critical if the component which receives the maintenance is a critical component under paragraph (b)(6) of this section. For each maintenance item designated as emission-related, the Administrator will also establish a technologically necessary maintenance interval, based on industry data and any other information available to EPA. Designations of emission-related maintenance items, along with their identification as critical or non-critical, and establishment of technologically necessary maintenance intervals, will be announced in theFederal Register.

(iii) Any manufacturer may request a hearing on the Administrator's determinations in paragraph (b)(7) of this section. The request shall be in writing and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with §86.078–6 with respect to such issue.

(c) Non-emission-related scheduled maintenance which is reasonable and technologically necessary (e.g., oil change, oil filter change, fuel filter change, air filter change, cooling system maintenance, adjustment of idle speed, governor, engine bolt torque, valve lash, injector lash, timing, adjustment of air pump drive belt tension, lubrication of the exhaust manifold heat control valve, lubrication of carburetor choke linkage, retorqueing carburetor mounting bolts, etc.) may be performed on durability data vehicles at the least frequent intervals recommended by the manufacturer to the ultimate purchaser, (e.g., not at the intervals recommended for severe service).

(d) Unscheduled maintenance on light-duty durability data vehicles. (1) Unscheduled maintenance may be performed during the testing used to determine deterioration factors, except as provided in paragraphs (d) (2) and (3) of this section, only under the following provisions defined in paragraphs (d)(1) (i) through (iii) of this section.

(i) A fuel injector or spark plug may be changed if a persistent misfire is detected.

(ii) Readjustment of an Otto-cycle vehicle cold-start enrichment system may be performed if there is a problem of stalling.

(iii) Readjustment of the engine idle speed (curb idle and fast idle) may be performed in addition to that performed as scheduled maintenance under paragraph (c) of this section if the idle speed exceeds the manufacturer's recommended idle speed by 300 rpm or more, or if there is a problem of stalling.

(2) Any other unscheduled vehicle, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement during testing to determine deterioration factors shall be performed only with the advance approval of the Administrator. Such approval will be given if the Administrator:

(i) Has made a preliminary determination that the part failure or system malfunction, or the repair of such failure or malfunction, does not render the vehicle or engine unrepresentative of vehicles or engines in-use and does not require direct access to the combustion chamber, except for spark plug, fuel injection component, or removable prechamber removal or replacement.

(ii) Has made a determination that the need for maintenance or repairs is indicated by an overt indication of malfunction such as persistent misfiring, engine stalling, overheating, fluid leakage, loss of oil pressure, excessive fuel consumption, or excessive power loss. The Administrator shall be given the opportunity to verify the existence of an overt indication of part failure and/or vehicle/engine malfunction (e.g., misfiring, stalling, black smoke), or an activation of an audible and/or visible signal, prior to the performance of any maintenance to which such overt indication or signal is relevant under the provisions of this section.

(iii) Has made a determination that the OBD system of a durability data vehicle representing an engine family certifying fully to the Federal OBD requirements as specified in §86.094–17(a) through (h) has specifically detected the problem and has illuminated the malfunction indicator light.

(3) Emission measurement may not be used as a means of determining the need for unscheduled maintenance under paragraph (d)(2) of this section, except under the conditions defined in paragraphs (d)(3) (i) through (ii) of this section.

(i) The Administrator may approve unscheduled maintenance on durability data vehicles based upon a significant change in emission levels that indicates a vehicle or engine malfunction. In these cases the Administrator may first approve specific diagnostic procedures to identify the source of the problem. The Administrator may further approve of specific corrections to the problem after the problem has been identified. The Administrator may only approve the corrective action after it is determined that:

(A) The malfunction was caused by nonproduction build practices or by a previously undetected design problem;

(B) The malfunction will not occur in production vehicles or engines in-use; and

(C) The deterioration factor generated by the durability data vehicle or engine will remain unaffected by the malfunction or by the corrective action (e.g., the malfunction was present for only a short period of time before detection, replacement parts are functionally representative of the proper mileage or hours, etc.).

(ii) Following any unscheduled maintenance approved under paragraph (d)(3)(i) of this section, the manufacturer shall perform an after-maintenance emission test. If the Administrator determines that the after-maintenance emission levels for any pollutant indicates that the deterioration factor is no longer representative of production, the Administrator may disqualify the durability data vehicle or engine.

(4) If the Administrator determines that part failure or system malfunction occurrence and/or repair rendered the vehicle/engine unrepresentative of vehicles in-use, the vehicle/engine shall not be used for determining deterioration factors.

(5) Repairs to vehicle components of a durability data vehicle other than the engine, emission control system, or fuel system, shall be performed only as a result of part failure, vehicle system malfunction, or with the advance approval of the Administrator.

(e) Maintenance on emission data vehicles and engines. (1) Adjustment of engine idle speed on emission data vehicles may be performed once before the low-mileage/low-hour emission test point. Any other engine, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement on emission data vehicles shall be performed only with the advance approval of the Administrator.

(2)–(3) [Reserved]

(4) Repairs to vehicle components of an emission data vehicle other than the engine, emission control system, or fuel system, shall be performed only as a result of part failure, vehicle system malfunction, or with the advance approval of the Administrator.

(f) Equipment, instruments, or tools may not be used to identify malfunctioning, maladjusted, or defective engine components unless the same or equivalent equipment, instruments, or tools will be available to dealerships and other service outlets and:

(1) Are used in conjunction with scheduled maintenance on such components; or

(2) Are used subsequent to the identification of a vehicle or engine malfunction, as provided in paragraph (d)(2) of this section for durability data vehicles or in paragraph (e)(1) of this section for emission data vehicles; or

(3) Unless specifically authorized by the Administrator.

(g)(1) Paragraph (g) of this section applies to light-duty vehicles.

(2) Complete emission tests (see §§86.106 through 86.145) are required, unless waived by the Administrator, before and after scheduled maintenance approved for durability data vehicles. The manufacturer may perform emission tests before unscheduled maintenance. Complete emission tests are required after unscheduled maintenance which may reasonably be expected to affect emissions. The Administrator may waive the requirement to test after unscheduled maintenance. These test data may be submitted weekly to the Administrator, but shall be air posted or delivered within 7 days after completion of the tests, along with a complete record of all pertinent maintenance, including a preliminary engineering report of any malfunction diagnosis and the corrective action taken. A complete engineering report shall be delivered to the Administrator concurrently with the manufacturer's application for certification.

(h) All test data, maintenance reports, and required engineering reports shall be compiled and provided to the Administrator in accordance with §86.090–23.

[58 FR 4018, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993]

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(a)(1) Paragraph (a) of this section applies to light-duty vehicles. It prescribes mileage and service accumulation requirements for durability data vehicles run under either the Standard AMA Durability Program of §86.094–13(c) or the Production AMA Durability Program of §86.094–13(d), and for emission data vehicles regardless of the durability program employed. Service accumulation requirements for durability data vehicles run under the Alternative Service Accumulation Program may be found in §86.094–13(e).

(2) The standard method of whole-vehicle service accumulation for durability data vehicles and for emission data vehicles in model years 1994 and beyond shall be mileage accumulation using the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in §86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.

(3) Emission data vehicles. Unless otherwise provided for in §86.094–23(a), emission data vehicles shall be operated and tested as described in paragraphs (a)(3) (i) and (ii) of this section.

(i) Otto-cycle. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission data vehicle selections under §86.094–24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with §86.094–24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with §600.006(c) of this chapter. Complete exhaust and evaporative (if required) emission tests shall be conducted for each emission data vehicle selection under §86.094–24(b)(1) . The Administrator may determine under §86.094–24(f) that no testing is required.

(B) Emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1) (v) or (viii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under high-altitude conditions.

(C) Exhaust and evaporative emissions tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1) (i), (ii), (iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under low-altitude conditions.

(D) For each engine family, the manufacturer will either select one vehicle previously selected under §86.094–24(b)(1) (i) through (iv) to be tested under high-altitude conditions or provide a statement in accordance with §86.094–24(b)(1)(v). Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. In addition, any emission control device used to conform with the emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.

(ii) Diesel-cycle. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission data vehicle selections under §86.094–24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with §86.094–24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with §600.006 of this chapter. Complete exhaust emission tests shall be conducted for each emission data vehicle selection under §86.094–24(b)(1). The Administrator may determine under §86.094–24(f) that no testing is required.

(B) Emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1)(v) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under high-altitude conditions.

(C) Exhaust and evaporative emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1) (i), (ii), (iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under low-altitude conditions.

(D) For each engine family, the manufacturer will either select one vehicle previously selected under §86.094–24(b)(1) (i) through (iv) to be tested under high-altitude conditions or provide a statement in accordance with §86.094–24(b)(1)(v). Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. In addition, any emission control device used to conform with the emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.

(4)(i) Durability data vehicles. (A) Unless otherwise provided for in §86.094–13(e) or §86.094–23(a) or in paragraph (a)(4)(i)(B) of this section, each durability data vehicle shall be driven on the whole-vehicle mileage accumulation cycle specified in paragraph (a)(2) of this section, with all emission control systems installed and operating, up to a mileage endpoint corresponding to the vehicle's durability useful life as defined in §86.094–2.

(B) Extrapolation of durability data and changes to the mileage accumulation cycle. ( 1 ) Once a durability vehicle has reached the greater of 75,000 miles or three-quarters of the applicable durability useful life, the manufacturer may petition the Administrator to extrapolate the durability data obtained up to that point out to the durability useful life or to replace the mileage accumulation cycle with an alternative that meets the criteria of paragraph (a)(2) of this section. In the petition, the manufacturer shall supplement the durability vehicle data with other information demonstrating the durability of the vehicle's emission control components and systems at or beyond the durability useful life.

( 2 ) Factors the Administrator will consider in evaluating petitions for extrapolation of durability data or for changes to the mileage accumulation cycle include, but are not limited to, any unusual scheduled maintenance, unscheduled maintenance, the general linearity and scatter of the actual data, reasonable explanations for all outlier data, the technical validity of any substitute mileage accumulation cycle, and evidence supplied by the vehicle manufacturer of component and system durability.

( 3 ) If a petition for extrapolation of durability data is approved, the endpoint for whole-vehicle mileage accumulation of the durability data vehicle shall be the mileage attained by the vehicle as reflected in the petition.

( 4 ) Discontinuation of a durability data vehicle shall be allowed only with the consent of the Administrator.

(C) Complete exhaust emission tests shall be made at nominal test point mileage intervals that the manufacturer determines. At a minimum, two complete exhaust emission tests shall be made. The first test shall be made at a distance not greater than 6,250 miles. The last shall be made at the mileage accumulation endpoint determined in paragraph (a)(4)(i) (A) or (B) of this section, whichever is applicable.

(D) Except with advance approval of the Administrator, the mileage interval between nominal test points must be of equal length except for the interval between zero miles and the first test, and any interval before or after testing conducted in conjunction with vehicle maintenance as specified in §86.094–25(g)(2).

(ii) The manufacturer may, at its option, alter the durability data vehicle at the selected nominal test point to represent emission data vehicle(s) within the same engine-system combination and perform emission tests on the altered vehicle. Upon completion of emission testing, the manufacturer may return the test vehicle to the durability data vehicle configuration and continue mileage accumulation.

(5)(i) All tests required by this subpart on emission data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (a)(3) of this section.

(ii) All tests required by this subpart on durability data vehicles shall be conducted within 250 miles of each of the nominal test points. This ±250 mile test point mileage tolerance may be modified with the advance approval of the Administrator if the basis for the written request is to prevent an interruption of durability mileage accumulation due to test scheduling conflicts for weekends, holidays, and other similar circumstances.

(6)(i)(A) The manufacturer may conduct multiple tests at any test point at which the data are intended to be used in the deterioration factor. At each test point where multiple tests are conducted, the test results from all valid tests shall be averaged to determine the data point to be used in the deterioration factor calculation, except under paragraph (a)(6)(i)(B) of this section. The test results from emission tests performed before maintenance affecting emissions shall not be averaged with test results after the maintenance.

(B) The manufacturer is not required to average multiple tests if the manufacturer conducts no more than three tests at each test point and if the number of tests at each test point is equal. All test points must be treated the same for all exhaust pollutants.

(ii) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Administrator in accordance with §86.091–23. Where the Administrator conducts a test on a durability data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.

(iii) The results of all emission tests shall be rounded to the number of places to the right of the decimal point indicated by expressing the applicable emission standard of this subpart to one additional significant figure, in accordance with the rounding off method specified in ASTM E 29–67 (reapproved 1980) (“Standard recommended practice for indicating which places of figures are to be considered significant in specified limiting values,” American Society for Testing and Materials). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103. Copies may be inspected at the U.S. Environmental Protection Agency, Air Docket Section, room M–1500, 1200 Pennsylvania Ave., NW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(7) Whenever a manufacturer intends to operate and test a vehicle which may be used for emission or durability data, the manufacturer shall retain in its records all information concerning all emissions tests and maintenance, including vehicle alterations to represent other vehicle selections. For emission data vehicles, this information shall be submitted, including the vehicle description and specification information required by the Administrator, to the Administrator following the emission data test. For durability data vehicles, this information shall be submitted following the 5,000-mile test.

(8) The data from emission data vehicles and durability data vehicles obtained pursuant to the provisions of this section will be used in the calculations under §86.094–28.

(9)(i) The Administrator may elect to operate and test any test vehicle during all or any part of the mileage accumulation and testing procedure. In such cases, the manufacturer shall provide the vehicle(s) to the Administrator with all information necessary to conduct this testing.

(ii) The test procedures in §§86.106 through 86.145 will be followed by the Administrator. The Administrator will test the vehicles at each test point. Maintenance may be performed by the manufacturer under such conditions as the Administrator may prescribe.

(iii) The data developed by the Administrator for the engine-system combination shall be combined with any applicable data supplied by the manufacturer on other vehicles of that combination to determine the applicable deterioration factors for the combination. In the case of a significant discrepancy between data developed by the Administrator and that submitted by the manufacturer, the Administrator's data shall be used in the determination of deterioration factors.

(10) Emission testing of any type with respect to any certification vehicle other than that specified in this part is not allowed except as such testing may be specifically authorized by the Administrator.

(11) This section does not apply to testing conducted to meet the requirements of §86.091–23(b)(2).

(b)(1) Paragraph (b) of this section applies to light-duty trucks.

(2) Four types of mileage or service accumulation are applicable to light-duty trucks, as described in paragraphs (b)(2) (i) through (iv) of this section.

(i) Paragraph (b)(2)(i) of this section applies to service accumulation conducted under the Standard Self-Approval Durability Program of §86.094–13(f). This type of service accumulation is applicable for model years 1994 and beyond only. The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification. Service accumulation under the Standard Self-Approval Durability Program is conducted on vehicles, engines, subsystems, or components selected by the manufacturer under §86.094–24(c)(2)(i).

(ii) Paragraph (b)(2)(ii) of this section applies to service accumulation conducted under the Alternative Service Accumulation Durability Program of §86.094–13(e). This type of service accumulation is applicable for model years 1994 and beyond only. The service accumulation method is developed by the manufacturer to be consistent with good engineering practice and to accurately predict the deterioration of the vehicle's emissions in actual use over its full useful life. The method is subject to advance approval by the Administrator and to verification by an in-use verification program conducted by the manufacturer under §86.094–13(e)(5).

(iii) Paragraph (b)(2)(iii) of this section applies to mileage accumulation of the duration selected by the manufacturer on emission data vehicles selected under §86.094–24(b)(1). The procedure for mileage accumulation will be the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in §86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.

(iv) Service or mileage accumulation may also be part of the test procedures used by the manufacturer to establish evaporative emission deterioration factors.

(3) Exhaust emission deterioration factors will be determined on the basis of the mileage or service accumulation described in paragraph (b)(2) (i) or (ii) of this section and related testing, according to the manufacturer's procedures.

(4) Each emission data vehicle shall be operated and tested as follows:

(i) Otto-cycle. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission data vehicle selections under §86.094–24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with §86.094–24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with §600.006 of this chapter. Complete exhaust emission tests shall be conducted for each emission data vehicle selection under §86.094–24(b)(1). The Administrator may determine under §86.094–24(f) that no testing is required.

(B) Emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1) (v) or (viii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometers (4,000 miles) under high-altitude conditions.

(C) Exhaust and evaporative emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1) (ii), (iii), (iv)(A), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometer (4,000 mile) test point under low-altitude conditions.

(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high altitude, such adjustments or modifications shall be made to the test vehicle selected under §86.094–24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.

(ii) Diesel-cycle. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission data vehicle selections under §86.094–24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with §86.094–24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with §600.006(c) of this chapter. Complete exhaust emission tests shall be conducted for each emission data vehicle selection under §86.094–24(b)(1). The administrator may determine under §86.094–24(f) that no testing is required.

(B) Emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1)(v) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under high-altitude conditions.

(C) Exhaust and evaporative emission tests for emission data vehicle(s) selected for testing under §86.094–24(b)(1) (ii), (iii), and (iv) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under low-altitude conditions.

(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high-altitude, such adjustments or modifications shall be made to the test vehicle selected under §86.094–24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.

(iii) [Reserved]

(iv) All tests required by this subpart on emission data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (b)(4) of this section.

(c)(1) Paragraph (c) of this section applies to heavy-duty engines.

(2) Two types of service accumulation are applicable to heavy-duty engines, as described in paragraphs (c)(2) (i) and (ii) of this section.

(i) Service accumulation on engines, subsystems, or components selected by the manufacturer under §86.094–24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification.

(ii) Dynamometer service accumulation on emission data engines selected under §86.094–24(b) (2) or (3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations.

(3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in paragraph (b)(2)(i) of this section and related testing, according to the manufacturer's procedures.

(4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized (no less than 62 hours for catalyst equipped) for emission data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission data engine selections under §86.094–24(b)(2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission data engine selection under §86.094–24(b)(2). Evaporative emission controls need not be connected provided normal operating conditions are maintained in the engine induction system. The Administrator may determine under §86.094–24(f) that no testing is required.

(d)(1) Paragraph (d) of this section applies to both light-duty trucks and heavy-duty engines.

(2)(i) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Administrator in accordance with §86.094–23. Where the Administrator conducts a test on a durability data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.

(ii) The results of all emission tests shall be recorded and reported to the Administrator. These test results shall be rounded, in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(6)(iii) of this section), to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure.

(3) Whenever a manufacturer intends to operate and test a vehicle (or engine) which may be used for emission data, the manufacturer shall retain in its records all information concerning all emissions tests and maintenance, including vehicle (or engine) alterations to represent other vehicle (or engine) selections. This information shall be submitted, including the vehicle (or engine) description and specification information required by the Administrator, to the Administrator following the emission data test.

(4)–(5) [Reserved]

(6) Emission testing of any type with respect to any certification vehicle or engine other than that specified in this subpart is not allowed except as such testing may be specifically authorized by the Administrator.

[58 FR 4021, Jan. 12, 1993, as amended at 59 FR 36369, July 18, 1994; 62 FR 11082, Mar. 11, 1997; 62 FR 44875, Aug. 22, 1997]

Editorial Note:   At 65 FR 47325, Aug. 2, 2000, §86.094–26 was amended in paragraph (a)(6)(iii) by revising the phrase “401 M Street SW” to read “401 M St., SW.”; however this exact phrase does not exist in this paragraph in the 2000 edition of this volume.

§ 86.094-28   Compliance with emission standards.

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(a)(1) Paragraph (a) of this section applies to lightduty vehicles.

(2) Each exhaust and evaporative emission standard (and family particulate emission limit, as appropriate) of §86.094–8 applies to the emissions of vehicles for the appropriate useful life as defined in §§86.094–2 and 86.094–8.

(3) Since it is expected that emission control efficiency will change with mileage accumulation on the vehicle, the emission level of a vehicle which has accumulated mileage equal to the specified useful life will be used as the basis for determining compliance with the standard (or family particulate emission limit, as appropriate).

(4) The procedure for determining compliance of a new motor vehicle with exhaust and evaporative emission standards (or family particulate emission limit, as appropriate) is as described in paragraphs (a)(4) (i) through (v) of this section, except where specified by paragraph (a)(7) of this section for the Production AMA Durability Program.

(i) Separate emission deterioration factors shall be determined from the exhaust emission results of the durability data vehicle(s) for each engine-system combination. A separate evaporative emission deterioration factor shall be determined for each evaporative emission family-evaporative emission control system combination from the testing conducted by the manufacturer (gasoline-fueled and methanol-fueled vehicles only).

(A) The applicable results to be used, unless excluded by paragraph (a)(4)(i)(A)( 4 ) of this section, in determining the exhaust emission deterioration factors for each engine-system combination shall be those described in paragraphs (a)(4)(i)(A) ( 1 ) through ( 3 ) of this section.

( 1 ) All valid exhaust emission data from the tests required under §86.094–26(a)(4) except the zero-mile tests. This shall include the official test results, as determined in §86.094–29 for all tests conducted on all durability data vehicles of the combination selected under §86.094–24(c) (including all vehicles elected to be operated by the manufacturer under §86.094–24(c)(1)(ii)).

( 2 ) All exhaust emission data from the tests conducted before and after the scheduled maintenance provided in §86.094–25.

( 3 ) All exhaust emission data from tests required by maintenance approved under §86.094–25, in those cases where the Administrator conditioned his approval for the performance of such maintenance on the inclusion of such data in the deterioration factor calculation.

( 4 ) The manufacturer has the option of applying an outlier test point procedure to completed durability data within its certification testing program for a given model year. The outlier procedure will be specified by the Administrator. For any pollutant, durability data test points that are identified as outliers shall not be included in the determination of deterioration factors if the manufacturer has elected this option. The manufacturer shall specify to the Administrator before the certification of the first engine family for that model year, if it intends to use the outlier procedure. The manufacturer may not change procedures after the first engine family of the model year is certified. Where the manufacturer chooses to apply both the outlier procedure and averaging (as allowed under §86.094–26(a)(6)(i)) to the same data set, the outlier procedure shall be completed prior to applying the averaging procedure.

(B)( 1 ) Line crossing. For each exhaust constituent to which a standard in §86.094–8 applies, all applicable exhaust emission results shall be rounded to the nearest mile and plotted as a function of the mileage on the system. The best fit straight line, fitted by the method of least squares, shall be drawn through all these data points. The data for a given exhaust constituent will be acceptable for use in the calculation of deterioration factors only if the first official test point as determined in §86.094–26(a)(4)(i)(C), the interpolated intermediate useful life mile point, and the interpolated full useful life mile point on this line, as applicable, are each less than or equal to the respective low-altitude standards provided in §86.094–8. An exception to this where data are still acceptable is when a best fit straight line crosses an applicable standard but no data points exceeded the standard. This exception shall not apply when mileage accumulation has been curtailed before the durability useful life has been reached, under the provisions of §86.094–26(a)(4)(i)(B).

( 2 ) Exhaust deterioration factor determination. Multiplicative exhaust emission deterioration factors shall be calculated for each standard and for each engine-system combination from points on the regression line derived in paragraph (a)(4)(i)(B)( 1 ) of this section, and in accordance with paragraphs (a)(4)(i)(B)(2) ( i ) and ( ii ) of this section.

( i ) Factor=Exhaust emissions at the useful life mileage for that standard divided by exhaust emissions at 4,000 miles.

( ii ) These interpolated values shall be carried out to a minimum of four places to the right of the decimal point before dividing one by the other to determine the deterioration factor. The results shall be rounded to three places to the right of the decimal point in accordance with ASTM E 29–67 (reapproved 1980) (“Standard recommended practice for indicating which places of figures are to be considered significant in specified limiting values,” American Society for Testing and Materials). This incorporation by reference was approved by the Director of the Federal Register in acccordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103. Copies may be inspected at the U.S. Environmental Protection Agency, Air Docket Section, room M–1500, 1200 Pennsylvania Ave., NW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

( iii ) When calculating intermediate and full useful life deterioration factors all data points should be included in the calculations, except that total hydrocarbon (THC) test points beyond the 50,000-mile (useful life) test point shall not be included in the calculations.

( iv ) The calculation specified in paragraph (a)(4)(i)(B)( 2 ) of this section may be modified with advance approval of the Administrator for engine-system combinations which are certified under the Alternative Service Accumulation Durability Program specified in §86.094–13(e).

(C) Evaporative deterioration factor determination. An evaporative emissions deterioration factor (gasoline-fueled and methanol-fueled vehicles only) shall be determined from the testing conducted as described in §86.094–21(b)(4)(i) and in accordance with paragraphs (a)(4)(i)(C) ( 1 ) and ( 2 ) of this section, for each evaporative emission family-evaporative emission control system combination to indicate the evaporative emission level at the applicable useful life relative to the evaporative emission level at 4,000 miles.

( 1 ) Factor=Evaporative emission level at the useful life mileage for that standard minus the evaporative emission level at 4,000 miles.

( 2 ) The factor shall be established to a minimum of two places to the right of the decimal.

(ii)(A)( 1 ) The official exhaust emission test results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be multiplied by the appropriate deterioration factor: Provided, That if a deterioration factor as computed in paragraph (a)(4)(i)(B) of this section is less than one, that deterioration factor shall be one for the purposes of this paragraph.

( 2 ) The calculation specified in paragraph (a)(4)(ii)(A)( 1 ) of this section may be modified with advance approval of the Administrator for engine-system combinations which are certified under the Alternative Service Accumulation Durability Program specified in §86.094–13(e).

(B) The official evaporative emission test results (gasoline-fueled and methanol-fueled vehicles only) for each evaporative emission data vehicle at the selected test point shall be adjusted by addition of the appropriate deterioration factor, provided that if a deterioration factor as computed in paragraph (a)(4)(i)(C) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.

(iii) The emissions to compare with the standard (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of paragraphs (a)(4)(ii) (A) and (B) of this section for each emission data vehicle. Before any emission value is compared with the standard (or the family particulate emission limit, as appropriate) it shall be rounded, in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section), to two significant figures. The rounded emission values may not exceed the standard (or the family particulate emission limit, as appropriate).

(iv) Every test vehicle of an engine family must comply with the exhaust emission standards (or the family particulate emission limit, as appropriate), as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.

(v) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.

(5) If a manufacturer chooses to change the level of any family particulate emission limit(s) in the particulate averaging program, compliance with the new limit(s) must be based upon existing certification data.

(6) If a manufacturer chooses to participate in the diesel particulate averaging program, the production-weighted average of the family particulate emission limits of all affected engine families must comply with the particulate standards in §86.094–8(a)(1)(iv), or the composite particulate standard defined in §86.094–2, as appropriate, at the end of the production year.

(7) The procedure to determine the compliance of new motor vehicles in the Production AMA Durability Program described in §86.094–13 is the same as described in paragraphs (a)(4) (iii) through (v) of this section. For the engine families that are included in the Production AMA Durability Program, the exhaust emission deterioration factors used to determine compliance shall be those that the Administrator has approved under §86.094–13. The evaporative emission deterioration factor for each evaporative emission family shall be determined and applied according to paragraph (a)(4) of this section. The procedures to determine the minimum exhaust emission deterioration factors required under §86.094–13(d) are as described in paragraphs (a)(7) (i) and (ii) of this section.

(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability data vehicles for each emission standard applicable under §86.094–8, for each engine family group. The evaporative emission deterioration factor for each evaporative family will be determined and applied in accordance with paragraph (a)(4) of this section.

(ii) The deterioration factors for each engine family group shall be determined by the Administrator using historical durability data from as many as three previous model years. These data will consist of deterioration factors generated by durability data vehicles representing certified engine families and of deterioration factors from vehicles selected under §86.094–24(h) . The Administrator shall determine how these data will be combined for each engine family group.

(A) The test result to be used in the calculation of each deterioration factor to be combined for each engine family group shall be those test results specified in paragraph (a)(4)(i)(A) of this section.

(B) For each durability data vehicle selected under §86.094–24(h), all applicable exhaust emission results shall be plotted as a function of the mileage on the system rounded to the nearest mile, and the best fit straight lines, fitted by method of least squares, shall be drawn through all these data points. The exhaust deterioration factor for each durability data vehicle shall be calculated as specified in paragraph (a)(4)(i)(B) of this section.

(C) Line-crossing. The line-crossing criteria of §86.094–28 (a)(4)(i)(B) apply.

( 1 ) The Administrator will not accept for certification line-crossing data from preproduction durability data vehicles selected under §86.094–24(c).

( 2 ) The Administrator will not accept for certification line-crossing data from production durability data vehicles selected under §86.094–24(h)(1) unless the 4,000-mile test result multiplied by the engine family group deterioration factor does not exceed the applicable emission standards. The deterioration factors used for this purpose shall be those that were used in the certification of the production vehicle. Manufacturers may calculate this product immediately after the 4,000-mile test of the vehicle. If the product exceeds the applicable standards, the manufacturer may, with the approval of the Administrator, discontinue the vehicle and substitute a new vehicle. The manufacturer may continue the original vehicle, but the data will not be acceptable if line crossing occurs.

(b)(1) Paragraph (b) of this section applies to light-duty trucks.

(2) Each exhaust and evaporative emission standard (and family particulate emission limit, as appropriate) of §86.094–9 applies to the emissions of vehicles for the appropriate useful life as defined in §§86.094–2 and 86.094–9.

(3) Since emission control efficiency generally decreases with the accumulation of mileage on the vehicle, deterioration factors will be used in combination with emission data vehicle test results as the basis for determining compliance with the standards (or family emission limits, as appropriate).

(4)(i) Paragraph (b)(4) of this section describes the procedure for determining compliance of a new vehicle with exhaust emission standards (or family emission limits, as appropriate), based on deterioration factors. If the manufacturer certifies under the Standard Self-Approval Program as specified in §86.094–13(f), the manufacturer supplies the deterioration factors. If the manufacturer certifies under the Alternative Service Accumulation Durability Program as specified in §86.094–13(e), the applicable procedure for the determination of deterioration factors for light-duty trucks is the same as that described in paragraph (a)(4) of this section for light-duty vehicles.

(ii) Separate exhaust emission deterioration factors, determined from tests of vehicles, engines, subsystems, or components conducted by the manufacturer, shall be supplied for each standard and for each engine-system combination.

(iii) The official exhaust emission results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.

(iv) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (b)(4)(iii) of this section rounded to two significant figures in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section) for each emission data engine.

(5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only to manufacturers electing to participate in the particulate averaging program.

(A) If a manufacturer chooses to change the level of any family particulate emission limit(s), compliance with the new limit(s) must be based upon existing certification data.

(B) The production-weighted average of the family particulate emission limits of all applicable engine families, rounded to two significant figures in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section), must comply with the particulate standards in §86.094–9(a)(1)(iv) or (d)(1)(iv), or the composite particulate standard as defined in §86.094–2, as appropriate, at the end of the product year.

(ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to manufacturers electing to participate in the NO_Xaveraging program.

(A) If a manufacturer chooses to change the level of any family NO_Xemission limit(s), compliance with the new limit(s) must be based upon existing certification data.

(B) The production-weighted average of the family NO_Xemission limits of all applicable engine families, rounded to two significant figures in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section), must comply with the NO_Xemission standards of §86.094–9(a)(1)(iii) (A) or (B) of §86.094–9(d)(1)(iii) (A) or (B), or the composite NO_Xstandard as defined in §86.094–2, at the end of the product year.

(6) [Reserved]

(7)(i) Paragraph (b)(7) of this section describes the procedure for determining compliance of a new vehicle with evaporative emission standards. The procedure described here shall be used for all vehicles in all model years.

(ii) The manufacturer shall determine, based on testing described in §86.091–21(b)(4)(i), and supply an evaporative emission deterioration factor for each evaporative emission family-evaporative emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.

(iii) The official evaporative emission test results for each evaporative emission data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.

(iv) The emission value to compare with the standards shall be the adjusted emission value of paragraph (b)(7)(iii) of this section rounded to two significant figures in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section) for each evaporative emission data vehicle.

(8) Every test vehicle of an engine family must comply with all applicable standards (and family emission limits, as appropriate), as determined in paragraphs (b)(4)(iv) and (b)(7)(iv) of this section, before any vehicle in that family will be certified.

(c)(1) Paragraph (c) of this section applies to heavy-duty engines.

(2) The exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines in §86.094–10 or for diesel-cycle engines in §86.094–11 apply to the emissions of engines for their useful life.

(3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission data engine test results as the basis for determining compliance with the standards.

(4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer.

(ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems, or components conducted by the manufacturer, shall be supplied for each engine-system combination. For Otto-cycle engines, separate factors shall be established for transient HC (THCE), CO, and NO_X; and idle CO, for those engines utilizing aftertreatment technology (e.g., catalytic converters). For diesel-cycle engines, separate factors shall be established for transient HC (THCE), CO, NO_X. and exhaust particulate. For diesel-cycle smoke testing, separate factors shall also be established for the acceleration mode (designated as “A”), the lugging mode (designated as “B”), and peak opacity (designated as “C”).

(iii)(A) Paragraphs (c)(4)(iii)(A) ( 1 ) and ( 2 ) of this section apply to Otto-cycle heavy-duty engines.

( 1 ) Otto-cycle heavy-duty engines not utilizing aftertreatment technology (e.g., catalytic converters). For transient HC (THCE), CO, and NO_X. the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.

( 2 ) Otto-cycle heavy-duty engines utilizing aftertreatment technology (e.g., catalytic converters). For transient HC (THCE), CO, and NO_X. and for idle CO, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.

(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle heavy-duty engines.

( 1 ) Diesel-cycle heavy-duty engines not utilizing aftertreatment technology (e.g., particulate traps). For transient HC (THCE), CO, NO_X. and exhaust particulate, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.

( 2 ) Diesel-cycle heavy-duty engines utilizing aftertreatment technology (e.g., particulate traps). For transient HC (THCE), CO, NO_X. and exhaust particulate, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.

( 3 ) Diesel-cycle heavy-duty engines only. For acceleration smoke (“A”), lugging smoke (“B”), and peak smoke (“C”), the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.

(iv) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (c)(4)(iii) of this section, rounded to the same number of significant figures as contained in the applicable standard in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section), for each emission data engine.

(5)–(6) [Reserved]

(7) Every test engine of an engine family must comply with all applicable standards (or family emission limits, as appropriate), as determined in paragraph (c)(4)(iv) of this section, before any engine in that family will be certified.

(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines.

(2) The applicable evaporative emission standard in §86.091–10 or §86.094–11 applies to the emissions of vehicles for their useful life.

(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, an evaporative emission deterioration factor shall be determined from the testing described in §86.088–23(b)(3) for each evaporative emission family-evaporative emission control system combination to indicate the evaporative emission control system deterioration during the useful life of the vehicle (minimum 50,000 miles). The factor shall be established to a minimum of two places to the right of the decimal.

(ii) For vehicles with a GVWR of greater than 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, each manufacturer's statement as required in §86.094–23(b) (4) (ii) shall include, in accordance with good engineering practice, consideration of control system deterioration.

(4) The evaporative emission test results, if any, shall be adjusted by the addition of the appropriate deterioration factor, provided that if the deterioration factor as computed in paragraph (d)(3) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.

(5) The emission level to compare with the standard shall be the adjusted emission level of paragraph (d)(4) of this section. Before any emission value is compared with the standard, it shall be rounded, in accordance with ASTM E 29–67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)( 2 )( ii ) of this section), to two significant figures. The rounded emission values may not exceed the standard.

(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.

[58 FR 4025, Jan. 12, 1993]

Editorial Note:   At 65 FR 47325, Aug. 2, 2000, §86.094–28 was amended in paragraph (a)(4)(i)(B)( 2 )( ii ) by revising the phrase “401 M Street SW” to read “401 M St., SW.”; however this exact phrase does not appear in this paragraph in the 2000 edition of this volume.

§ 86.094-30   Certification.

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(a)(1)(i) If, after a review of the test reports and data submitted by the manufacturer, data derived from any inspection carried out under §86.091–7(c) and any other pertinent data or information, the Administrator determines that a test vehicle(s) (or test engine(s)) meets the requirements of the Act and of this subpart, he will issue a certificate of conformity with respect to such vehicle(s) (or engine(s)) except in cases covered by paragraphs (a) (1) (ii) and (c) of this section.

(ii) Gasoline-fueled and methanol-fueled heavy-duty vehicles. If, after a review of the statement(s) of compliance submitted by the manufacturer under §86.094–23(b)(4) and any other pertinent data or information, the Administrator determines that the requirements of the Act and this subpart have been met, he will issue one certificate of conformity per manufacturer with respect to the evaporative emission family(ies) covered by paragraph (c) of this section.

(2) Such certificate will be issued for such period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary or appropriate to assure that any new motor vehicle (or new motor vehicle engine) covered by the certificate will meet the requirements of the Act and of this part.

(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks, one such certificate will be issued for each engine family evaporative emission family combination.

(A) Light-duty vehicles. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate).

(B) Light-duty trucks. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate), except where there are both low-altitude standards and high altitude standards applicable. The certificate shall state that it covers vehicles sold or delivered to an ultimate purchaser for principal use at a designated high-altitude location only if the vehicle conforms in all material respects to the design specifications that apply to those vehicles described in the application for certification at high altitude.

(ii) For gasoline-fueled and methanol-fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of compliance as required in §86.094–23(b)(4) (i) and (ii).

(iii) For diesel-cycle light-duty vehicles and light-duty trucks, or diesel-cycle heavy-duty engines, included in the applicable particulate averaging program, the manufacturer may at any time during production elect to change the level of any family particulate emission limit by demonstrating compliance with the new limit as described in §§86.094–28(a)(6) and 86.094–28(b)(5)(i) . New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the date of issuance.

(iv) For light-duty trucks or heavy-duty engines included in the applicable NO_Xaveraging program, the manufacturer may at any time during production elect to change the level of any family NO_Xemission limit by demonstrating compliance with the new limit as described in §86.094–28(b)(5)(ii). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the day of issue.

(4)(i) The adjustment or modification of any light-duty truck in accordance with instructions provided by the manufacturer for the altitude where the vehicle is principally used will not be considered a violation of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522 (a)(3)).

(ii) A violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an ultimate purchaser any light-duty vehicle or light-duty truck, subject to the regulations under the Act, under any of the conditions specified in the remainder of this paragraph.

(A) When a light-duty vehicle or light-duty truck is not configured to meet high-altitude requirements:

( 1 ) At a designated high-altitude location, unless such manufacturer has reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated high-altitude location; or

( 2 ) At a location other than a designated high-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated high-altitude location.

(B) When a light-duty vehicle is not configured to meet low-altitude requirements, as provided in §86.094–8(i) :

( 1 ) At a designated low-altitude location, unless such manufacturer has reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated low-altitude location; or

( 2 ) At a location other than a designated low-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated low-altitude location.

(iii) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle that has been exempted from compliance with emission standards at high-altitude, or a light-duty truck which is not configured to meet high-altitude requirements, will not be sold to an ultimate purchaser for principal use at a designated high-altitude location if the manufacturer has informed its dealers and field representatives about the terms of these high-altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but not be limited to, either paragraph (a)(4)(iii) (A) or (B), and paragraph (a)(4)(iii)(C) of this section:

(A) Requiring dealers in designated high-altitude locations to submit written statements to the manufacturer signed by the ultimate purchaser that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location; requiring dealers in counties contiguous to designated high-altitude locations to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated high-altitude location, that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location; and for each sale or delivery of fleets of ten or more such vehicles in a high-altitude location or in counties contiguous to high-altitude locations, requiring either the selling dealer or the delivering dealer to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated high-altitude location, that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location. In addition, the manufacturer will make available to EPA, upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold), sales, warranty, or other information pertaining to sales of vehicles by the dealers described above maintained by the manufacturer in the normal course of business relating to the altitude configuration of vehicles and the locations of ultimate purchasers; or

(B) Implementing a system which monitors factory orders of low-altitude vehicles by high-altitude dealers, or through other means, identifies dealers that may have sold or delivered a vehicle not configured to meet the high-altitude requirements to an ultimate purchaser for principal use at a designated high-altitude location; and making such information available to EPA upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold); and

(C) Within a reasonable time after receiving written notice from EPA or a State or local government agency that a dealer may have improperly sold or delivered a vehicle not configured to meet the high-altitude requirements to an ultimate purchaser residing in a designated high-altitude location, or based on information obtained pursuant to paragraph (a)(4)(iii) of this section that a dealer may have improperly sold or delivered a significant number of such vehicles to ultimate purchasers so residing, reminding the dealer in writing of the requirements of these regulations, and, where appropriate, warning the dealer that sale by the dealer of vehicles not configured to meet high-altitude requirements may be contrary to the terms of its franchise agreement with the manufacturer and the dealer certification requirements of §85.2108 of this chapter.

(iv) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle which has been exempted from compliance with emission standards at low-altitude, as provided in §86.094–8(i), will not be sold to an ultimate purchaser for principal use at a designated low-altitude location if the manufacturer has informed its dealers and field representatives about the terms of the high-altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but not be limited to, either paragraph (a)(4)(iv) (A) or (B), and (a)(4)(iv)(C) of this section:

(A) Requiring dealers in designated low-altitude locations to submit written statements to the manufacturer signed by the ultimate purchaser that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated low-altitude location; requiring dealers in counties contiguous to designated low-altitude locations to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated low-altitude location, that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated low-altitude location; and for each sale or delivery of fleets of ten or more such vehicles in a low-altitude location or in counties contiguous to low-altitude locations, requiring either the selling dealer or the delivering dealer to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated low-altitude location, that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated high-altitude location. In addition, the manufacturer will make available to EPA, upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold), sales, warranty, or other information pertaining to sales of vehicles by the dealers described above maintained by the manufacturer in the normal course of business relating to the altitude configuration of vehicles and the locations of ultimate purchasers; or

(B) Implementing a system which monitors factory orders of high-altitude vehicles by low-altitude dealers, or through other means, identifies dealers that may have sold or delivered a vehicle not configured to meet the low-altitude requirements to an ultimate purchaser for principal use at a designated low-altitude location; and making such information available to EPA upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold); and

(C) Within a reasonable time after receiving written notice from EPA or a state or local government agency that a dealer may have improperly sold or delivered a vehicle not configured to meet the low-altitude requirements to an ultimate purchaser residing in a designated low-altitude location, or based on information obtained pursuant to paragraph (a)(4)(iv) of this section that a dealer may have improperly sold or delivered a significant number of such vehicles to ultimate purchasers so residing, reminding the dealer in writing of the requirements of these regulations, and, where appropriate, warning the dealer that sale by the dealer of vehicles not configured to meet low-altitude requirements may be contrary to the terms of its franchise agreement with the manufacturer and the dealer certification requirements of §85.2108 of this chapter.

(5)(i) For the purpose of paragraph (a) of this section, a “designated high-altitude location” is any county which has substantially all of its area located above 1,219 meters (4,000 feet) and:

(A) Requested and extension past the attainment date of December 31, 1982, for compliance with either the National Ambient Air Quality Standards for carbon monoxide or ozone, as indicated in part 52 (Approval and Promulgation of Implementation Plans) of this title; or

(B) Is in the same state as a county designated as a high-altitude location according to paragraph (a)(5)(i)(A) of this section.

(ii) The designated high-altitude locations defined in paragraph (a)(5)(i) of this section are listed below:

State of Colorado

(iii) For the purpose of paragraph (a) of this section, a “designated low-altitude location” is any county which has substantially all of its area located below 1,219 meters (4,000 feet).

(iv) The designated low-altitude locations so defined include all counties in the United States which are not listed in either paragraph (a)(5)(ii) of this section or in the list below:

State of Arizona