Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000 Pounds

PDF Version (50 pp, 616K, About PDF)

[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8359-8408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe09-28]

Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on
2010 and Later Heavy-Duty Engines Used in Highway Applications Over
14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel
Highway Heavy-Duty Vehicles Under 14,000 Pounds

[[Continued from page 8358]]

[[Page 8359]]

    (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[deg]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 as referenced 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 following documents are incorporated
by reference, see Sec.  86.1. Anyone may inspect copies at the U.S. EPA
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at U.S. EPA, NARA, or
the standard making bodies directly, refer to Sec.  86.1.
    (1) SAE material.
    (i) SAE J1850, 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) SAE J1979, Revised April 2002. Basic diagnostic data (as
specified in Sec.  86.007-17(e) and (f)) shall be provided in the
format and units in this industry standard.
    (iii) SAE J2012, Revised April 2002. Diagnostic trouble codes shall
be consistent with this industry standard.
    (iv) SAE J1962, Revised April 2002. The connection interface
between the OBD system and test equipment and diagnostic tools shall
meet the functional requirements of this industry standard.
    (v) SAE J1930, Revised April 2002; or, SAE J2403, Revised August
2007. All acronyms, definitions and abbreviations shall be formatted
according to one or the other of these industry standards.
    (vi) SAE J1978, Revised April 2002. All equipment used to
interface, extract and display OBD-related information shall meet this
industry standard.
    (vii) As an alternative to the above standards, heavy-duty vehicles
may conform to the specifications of these SAE standards: SAE J1939-11,
Revised October 1999; SAE J1939-13, July 1999; SAE J1939-21, Revised
April 2001; SAE J1939-31, Revised December 1997; SAE J1939-71, Revised
August 2002; SAE J1939-73, Revised June 2001; SAE J1939-81, July 1997.
    (2) ISO materials.
    (i) ISO 9141-2, February 1, 1994. This industry standard may be
used as an alternative to SAE J1850 (as specified in paragraph
(h)(1)(i) of this section) as the on-board to off-board communications
protocol.
    (ii) ISO 14230-4:2000(E), June 1, 2000. This industry standard may
be used as an alternative to SAE J1850 (as specified in paragraph
(h)(1)(i) of this section) as the on-board to off-board communications
protocol.
    (iii) ISO 15765-4.3:2001, December 14, 2001. This industry standard
may be

[[Page 8360]]

used as an alternative to SAE J1850 (as specified in paragraph
(h)(1)(i) of this section) as the on-board to off-board communications
protocol.
    (iv) ISO 15765-4:2005(E), January 15, 2005. Beginning with the 2008
model year and beyond, this industry standard 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, either this ISO industry standard or the SAE standards
listed in paragraph (h)(1)(vii) of this section shall be the only
acceptable protocols used for standardized on-board to off-board
communications.
    (i) Deficiencies and alternative 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, air-fuel ratio
sensor, NO_X sensor, engine misfire, evaporative leaks, and
diesel EGR, if equipped), with the possible exception of the special
provisions for alternative fueled engines. For alternative fueled
heavy-duty engines (e.g., natural gas, liquefied petroleum gas,
methanol, ethanol), 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
alternative fuel. At a minimum, alternative 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 used
in applications weighing 14,000 pounds GVWR or less, demonstration of
compliance with California OBD II requirements (Title 13 California
Code of Regulations Sec.  1968.2 (13 CCR 1968.2)), as modified and
approved on November 9, 2007 (incorporated by reference, see Sec. 
86.1), 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(k) 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 (j) for
demonstrating compliance. In addition, demonstration of compliance with
13 CCR 1968.2(e)(15.2.1)(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 intended for use in a heavy-duty vehicle weighing 14,000 pounds
GVWR 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 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.
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 Sec. 
86.1806-05(l). The OBD Compliance phase-in table follows:

 OBD Compliance Phase-In for Heavy-Duty Engines Intended for Use in a Heavy-Duty Vehicle Weighing 14,000 Pounds
                                                  GVWR or Less
----------------------------------------------------------------------------------------------------------------
                                           Otto-cycle phase-in based on     Diesel phase-in based on projected
               Model year                        projected sales                           sales
----------------------------------------------------------------------------------------------------------------
2007 MY................................  80% compliance; alternative      100% compliance.
                                          fuel waivers available.
2008+ MY 100% compliance...............  100% compliance................  100% compliance.
----------------------------------------------------------------------------------------------------------------

• 4. Section 86.007-30 is added to Subpart A to read as follows:

Sec.  86.007-30  Certification.

    (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
Sec.  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 Sec.  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, and petroleum-fueled diesel cycle light-duty vehicles and
light-duty trucks not certified under Sec.  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

[[Page 8361]]

manufacturer and will certify compliance for those vehicles previously
identified in that manufacturer's statement(s) of compliance as
required in Sec.  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 Sec.  86.094-28(a)(6),
Sec.  86.094-28(b)(5)(i), or Sec.  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_X averaging program, the manufacturer may at any time
during production elect to change the level of any family
NO_X emission limit by demonstrating compliance with the new
limit as described in Sec.  86.094-28(b)(5)(ii) or Sec.  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 Sec.  86.094-8(j) or Sec.  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 Sec.  86.090-8(h) or
Sec.  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 Sec.  86.094-8(i) or
Sec.  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.
    (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 Sec.  85.2108 of this chapter.
    (iv) A manufacturer shall be deemed to have reason to believe that
a light-duty vehicle or light-duty truck which has been exempted from
compliance with emission standards at low altitude, as provided in
Sec.  86.094-8(i) or Sec.  86.094-9(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 Sec.  86.094-30(a)(4)(iv)(A) or
(B) and Sec.  86.094-30(a)(4)(iv)(C):
    (A) Requiring dealers in designated low-altitude locations to
submit written

[[Page 8362]]

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 Sec.  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
Adams
Alamosa
Arapahoe
Archuleta
Boulder
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Crowley
Custer
Delta
Denver
Dolores
Douglas
Eagle
Elbert
El Paso
Fremont
Garfield
Gilpin
Grand
Gunnison
Hinsdale
Huerfano
Jackson
Jefferson
Kit Carson
Lake
La Plata
Larimer
Las Animas
Lincoln
Mesa
Mineral
Moffat
Montezuma
Montrose
Morgan
Otero
Ouray
Park
Pitkin
Pueblo
Rio Blanco
Rio Grande
Routt
Saguache
San Juan
San Miguel
Summit
Teller
Washington
Weld
State of Nevada
Carson City
Douglas
Elko
Esmeralda
Eureka
Humboldt
Lander
Lincoln
Lyon
Mineral
Nye
Pershing
Storey
Washoe
White Pine
State of New Mexico
Bernalillo
Catron
Colfax
Curry
De Baca
Grant
Guadalupe
Harding
Hidalgo
Lincoln
Los Alamos
Luna
McKinley
Mora
Otero
Rio Arriba
Roosevelt
Sandoval
San Juan
San Miguel Santa Fe
Sierra
Socorro
Taos
Torrance
Union
Valencia
State of Utah
Beaver

[[Page 8363]]

Box Elder
Cache
Carbon
Daggett
Davis
Duchesne
Emery
Garfield
Grand
Iron
Juab
Kane
Millard
Morgan
Piute
Rich
Salt Lake
San Juan
Sanpete
Sevier
Summit
Tooele
Uintah
Utah
Wasatch
Wayne
Weber

    (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
Apache
Cochise
Coconino
Navajo
Yavapai
State of Idaho
Bannock
Bear Lake
Bingham
Blaine
Bonneville
Butte
Camas
Caribou
Cassia
Clark
Custer
Franklin
Fremont
Jefferson
Lemhi
Madison
Minidoka
Oneida
Power
Treton
Valley
State of Montana
Beaverhead
Deer Lodge
Gallatin
Jefferson
Judith Basin
Madison
Meagher
Park
Powell
Silver Bow
Wheatland
State of Nebraska
Banner
Cheyenne
Kimball
Sioux
State of Oregon
Harney
Klamath
Lake
State of Texas
Jeff Davis
Hudspeth
Parmer
State of Wyoming
Albany
Campbell
Carbon
Converse
Fremont
Goshen
Hot Springs
Johnson
Laramie
Lincoln
Natrona
Niobrara
Park
Platte
Sublette
Sweetwater
Teton
Uinta
Washakie
Weston

    (6) Catalyst-equipped vehicles, otherwise covered by a certificate,
which are driven outside the United States, Canada, and Mexico will be
presumed to have been operated on leaded gasoline resulting in
deactivation of the catalysts. If these vehicles are imported or
offered for importation without retrofit of the catalyst, they will be
considered not to be within the coverage of the certificate unless
included in a catalyst control program operated by a manufacturer or a
United States Government agency and approved by the Administrator.
    (7) For incomplete light-duty trucks, a certificate covers only
those new motor vehicles which, when completed by having the primary
load-carrying device or container attached, conform to the maximum curb
weight and frontal area limitations described in the application for
certification as required in Sec.  86.094-21(d).
    (8) For heavy-duty engines, a certificate covers only those new
motor vehicle engines installed in heavy-duty vehicles which conform to
the minimum gross vehicle weight rating, curb weight, or frontal area
limitations for heavyduty vehicles described in Sec.  86.082-2.
    (9) For incomplete gasoline-fueled and methanol-fueled heavy-duty
vehicles a certificate covers only those new motor vehicles which, when
completed, conform to the nominal maximum fuel tank capacity
limitations as described in the application for certification as
required in Sec.  86.094-21(e).
    (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
Sec.  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 family
emission limit (FEL) to exceed the particulate standard.
    (ii) For all heavy-duty diesel-cycle engines which are included in
the particulate ABT programs under Sec.  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 Sec.  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 Sec.  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_X averaging program, the manufacturer's production-
weighted average of the NO_X

[[Page 8364]]

emission limits of all such engine families shall not exceed the
applicable NO_X emission standard, or the composite
NO_X emission standard defined in Sec.  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_X standard.
    (ii) For all HDEs which are included in the NO_X plus
NMHC ABT programs contained in Sec.  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 Sec.  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 Sec.  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.
    (12) For all light-duty vehicles certified to standards under Sec. 
86.094-8 or to which standards under Sec.  86.708-94 are applicable,
the provisions of paragraphs (a)(12)(i) through (iii) of this section apply.
    (13) For all light-duty trucks certified to Tier 0 standards under
Sec.  86.094-9 and to which standards under Sec.  86.709-94 are applicable:
    (i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec. Sec.  86.094-9 and 86.709-94 both
during and after model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec. Sec.  86.094-9 and 86.709-94 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.
    (14) For all light-duty vehicles and light-duty trucks certified
with an Alternative Service Accumulation Durability Program under Sec. 
86.094-13(e), paragraphs (a)(14)(i) through (iii) of this section apply.
    (i) All certificates issued are conditional upon the manufacturer
performing the in-use verification program pursuant to the agreement
described in Sec.  86.094-13(e)(8).
    (ii) Failure to fully comply with all the terms of the in-use
verification program pursuant to the agreement described in Sec. 
86.094-13(e)(8) will be considered a failure to satisfy the conditions
upon which the certificate was issued. A vehicle or truck will be
considered to be covered by the certificate only if the manufacturer
fulfills the conditions upon which the certificate is issued.
    (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.
    (15) For all light-duty vehicles certified to evaporative test
procedures and accompanying standards specified under Sec.  86.096-8:
    (i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec.  86.096-8 both during and after
model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec.  86.096-8 will be considered to be a
failure to satisfy the conditions upon which the certificate was issued
and the 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.
    (16) For all light-duty trucks certified to evaporative test
procedures and accompanying standards specified under Sec.  86.096-9:
    (i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec.  86.096-9 both during and after
model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec.  86.096-9 will be considered to be a
failure to satisfy the conditions upon which the certificate was issued
and the 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.
    (17) For all heavy-duty vehicles certified to evaporative test
procedures and accompanying standards specified under Sec.  86.096-10:
    (i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec.  86.096-10 both during and after
model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec.  86.096-10 will be considered to be a
failure to satisfy the conditions upon which the certificate was issued
and the 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.
    (18) For all heavy-duty vehicles certified to evaporative test
procedures and accompanying standards specified under Sec.  86.098-11:
    (i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec.  86.098-11 both during and after
model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec.  86.098-11 will be considered to be a
failure to satisfy the conditions upon which the certificate was issued
and the 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.
    (19) For all light-duty vehicles certified to refueling emission
standards under Sec.  86.098-8, the provisions of paragraphs (a)(19)
(i) through (iii) of this section apply.
    (i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec.  86.098-8, both during and after
model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec.  86.094-8 be considered to be a
failure to satisfy the conditions upon which the certificate(s) was
issued and the 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

[[Page 8365]]

of the Administrator that the conditions upon which the certificate was
issued were satisfied.
    (20) For all light-duty trucks certified to refueling emission
standards under Sec.  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 Sec.  86.001-9 both during and after
model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec.  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.
    (21) For all light-duty trucks certified to refueling emission
standards under Sec.  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 Sec.  86.004-9 both during and after
model year production.
    (ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec.  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) The Administrator will determine whether a vehicle (or
engine) covered by the application complies with applicable standards
(or family emission limits, as appropriate) by observing the following
relationships: in paragraphs (b)(1)(i) through (iv) of this section:
    (i) Light-duty vehicles.
    (A) The durability data vehicle(s) selected under Sec.  86.094-
24(c)(1)(i) shall represent all vehicles of the same engine system
combination.
    (B) The emission data vehicle(s) selected under Sec.  86.094-
24(b)(1) (ii) through (iv) shall represent all vehicles of the same
engine-system combination as applicable.
    (C) The emission data vehicle(s) selected under Sec.  86.094-
24(b)(1)(vii)(A) and (B) shall represent all vehicles of the same
evaporative control system within the evaporative family.
    (ii) Light-duty trucks.
    (A) The emission data vehicle(s) selected under Sec.  86.094-
24(b)(1)(ii), shall represent all vehicles of the same engine-system
combination as applicable.
    (B) The emission data vehicle(s) selected under Sec.  86.001-
24(b)(vii)(A) and (B) shall represent all vehicles of the same
evaporative/refueling control system within the evaporative/refueling family.
    (C) The emission data vehicle(s) selected under Sec. 
86.09424(b)(1)(v) shall represent all vehicles of the same engine
system combination as applicable.
    (D) The emission-data vehicle(s) selected under Sec.  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.
    (iii) Heavy-duty engines.
    (A) An Otto-cycle emission data test engine selected under Sec. 
86.094-24(b)(2)(iv) shall represent all engines in the same family of
the same engine displacement-exhaust emission control system combination.
    (B) An Otto-cycle emission data test engine selected under Sec. 
86.094-24(b)(2)(iii) shall represent all engines in the same engine
family of the same engine displacement-exhaust emission control system
combination.
    (C) A diesel emission data test engine selected under Sec.  86.094-
24(b)(3)(ii) shall represent all engines in the same engine-system
combination.
    (D) A diesel emission data test engine selected under Sec.  86.094-
24(b)(3)(iii) shall represent all engines of that emission control
system at the rated fuel delivery of the test engine.
    (iv) Gasoline-fueled and methanol-fueled heavy-duty vehicles. A
statement of compliance submitted under Sec.  86.094-23(b)(4)(i) or
(ii) shall represent all vehicles in the same evaporative emission
family-evaporative emission control system combination.
    (2) The Administrator will proceed as in paragraph (a) of this
section with respect to the vehicles (or engines) belonging to an
engine family or engine family-evaporative/refueling emission family
combination (as applicable), all of which comply with all applicable
standards (or family emission limits, as appropriate).
    (3) If after a review of the test reports and data submitted by the
manufacturer, data derived from any additional testing conducted
pursuant to Sec.  86.091-29, data or information derived from any
inspection carried out under Sec.  86.094-7(d) or any other pertinent
data or information, the Administrator determines that one or more test
vehicles (or test engines) of the certification test fleet do not meet
applicable standards (or family emission limits, as appropriate), he
will notify the manufacturer in writing, setting forth the basis for
his determination. Within 30 days following receipt of the
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 determination and data in support of such objections.
If, after a 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
Sec.  86.078-6 with respect to such issue.
    (4) For light-duty vehicles and light-duty trucks the manufacturer
may, at its option, proceed with any of the following alternatives with
respect to an emission data vehicle determined not in compliance with
all applicable standards (or family emission limits, as appropriate)
for which it was tested:
    (i) Request a hearing under Sec.  86.078-6; or
    (ii) Remove the vehicle configuration (or evaporative/refueling
vehicle configuration, as applicable) which failed, from his application:
    (A) If the failed vehicle was tested for compliance with exhaust
emission standards (or family emission limits, as appropriate) only:
The Administrator may select, in place of the failed vehicle, in
accordance with the selection criteria employed in selecting the failed
vehicle, a new emission data vehicle to be tested for exhaust emission
compliance only; or
    (B) If the failed vehicle was tested for compliance with one or
more of the exhaust, evaporative and refueling emission standards: The
Administrator may select, in place of the failed vehicle, in accordance
with the selection criteria employed in selecting the failed vehicle, a
new emission data vehicle which will be tested for compliance with all
of the applicable emission standards. If one vehicle cannot be selected
in accordance with the selection criteria employed in selecting the
failed vehicle, then two or more vehicles may be selected (e.g., one
vehicle to satisfy the exhaust emission vehicle selection criteria and
one vehicle to satisfy the evaporative and refueling emission vehicle
selection criteria). The vehicle selected to satisfy

[[Page 8366]]

the exhaust emission vehicle selection criteria will be tested for
compliance with exhaust emission standards (or family emission limits,
as appropriate) only. The vehicle selected to satisfy the evaporative
and/or refueling emission vehicle selection criteria will be tested for
compliance with exhaust, evaporative and/or refueling emission standards; or
    (iii) Remove the vehicle configuration (or evaporative/refueling
vehicle configuration, as applicable) which failed from the application
and add a vehicle configuration(s) (or evaporative/refueling vehicle
configuration(s), as applicable) not previously listed. The
Administrator may require, if applicable, that the failed vehicle be
modified to the new engine code (or evaporative/refueling emission
code, as applicable) and demonstrate by testing that it meets
applicable standards (or family emission limits, as appropriate) for
which it was originally tested. In addition, the Administrator may
select, in accordance with the vehicle selection criteria given in
Sec.  86.001-24(b), a new emission data vehicle or vehicles. The
vehicles selected to satisfy the exhaust emission vehicle selection
criteria will be tested for compliance with exhaust emission standards
(or family emission limits, as appropriate) only. The vehicles selected
to satisfy the evaporative emission vehicle selection criteria will be
tested for compliance with all of the applicable emission standards (or
family emission limits, as appropriate); or
    (iv) Correct a component or system malfunction and show that with a
correctly functioning system or component the failed vehicle meets
applicable standards (or family emission limits, as appropriate) for
which it was originally tested. The Administrator may require a new
emission data vehicle, of identical vehicle configuration (or
evaporative/refueling vehicle configuration, as applicable) to the
failed vehicle, to be operated and tested for compliance with the
applicable standards (or family emission limits, as appropriate) for
which the failed vehicle was originally tested.
    (5) For heavy-duty engines the manufacturer may, at his option,
proceed with any of the following alternatives with respect to any
engine family represented by a test engine(s) determined not in compliance
with applicable standards (or family emission limit, as appropriate):
    (i) Request a hearing under Sec.  86.078-6; or
    (ii) Delete from the application for certification the engines
represented by the failing test engine. (Engines so deleted may be
included in a later request for certification under Sec.  86.079-32.)
The Administrator may then select in place of each failing engine an
alternate engine chosen in accordance with selection criteria employed
in selecting the engine that failed; or
    (iii) Modify the test engine and demonstrate by testing that it
meets applicable standards. Another engine which is in all material
respect the same as the first engine, as modified, may then be operated
and tested in accordance with applicable test procedures.
    (6) If the manufacturer does not request a hearing or present the
required data under paragraphs (b)(4) or (5) of this section (as
applicable) of this section, the Administrator will deny certification.
    (c)(1) Notwithstanding the fact that any certification vehicle(s)
(or certification engine(s)) may comply with other provisions of this
subpart, the Administrator may withhold or deny the issuance of a
certificate of conformity (or suspend or revoke any such certificate
which has been issued) with respect to any such vehicle(s) (or
engine(s)) if:
    (i) The manufacturer submits false or incomplete information in his
application for certification thereof;
    (ii) The manufacturer renders inaccurate any test data which he
submits pertaining thereto or otherwise circumvents the intent of the
Act, or of this part with respect to such vehicle (or engine);
    (iii) Any EPA Enforcement Officer is denied access on the terms
specified in Sec.  86.091-7(d) to any facility or portion thereof which
contains any of the following:
    (A) The vehicle (or engine);
    (B) Any components used or considered for use in its modification
or buildup into a certification vehicle (or certification engine);
    (C) Any production vehicle (or production engine) which is or will
be claimed by the manufacturer to be covered by the certificate;
    (D) Any step in the construction of a vehicle (or engine) described
in paragraph (c)(iii)(C) of this section;
    (E) Any records, documents, reports, or histories required by this
part to be kept concerning any of the above; or
    (iv) Any EPA Enforcement Officer is denied ``reasonable
assistance'' (as defined in Sec.  86.091-7(d) in examining any of the
items listed in paragraph (c)(1)(iii) of this section.
    (2) The sanctions of withholding, denying, revoking, or suspending
of a certificate may be imposed for the reasons in paragraphs
(c)(1)(i), (ii), (iii), or (iv) of this section only when the
infraction is substantial.
    (3) In any case in which a manufacturer knowingly submits false or
inaccurate information or knowingly renders inaccurate or invalid any
test data or commits any other fraudulent acts and such acts contribute
substantially to the Administrator's decision to issue a certificate of
conformity, the Administrator may deem such certificate void ab initio.
    (4) In any case in which certification of a vehicle (or engine) is
proposed to be withheld, denied, revoked, or suspended under paragraph
(c)(1)(iii) or (iv) of this section, and in which the Administrator has
presented to the manufacturer involved reasonable evidence that a
violation of Sec.  86.091-7(d) in fact occurred, the manufacturer, if
he wishes to contend that, even though the violation occurred, the
vehicle (or engine) in question was not involved in the violation to a
degree that would warrant withholding, denial, revocation, or
suspension of certification under either paragraph (c)(1)(iii) or (iv)
of this section, shall have the burden of establishing that contention
to the satisfaction of the Administrator.
    (5) Any revocation or suspension of certification under paragraph
(c)(1) of this section shall:
    (i) Be made only after the manufacturer concerned has been offered
an opportunity for a hearing conducted in accordance with Sec.  86.078-
6 hereof; and
    (ii) Extend no further than to forbid the introduction into
commerce of vehicles (or engines) previously covered by the
certification which are still in the hands of the manufacturer, except
in cases of such fraud or other misconduct as makes the certification
invalid ab initio.
    (6) The manufacturer may request in the form and manner specified
in paragraph (b)(3) of this section that any determination made by the
Administrator under paragraph (c)(1) of this section to withhold or
deny certification be reviewed in a hearing conducted in accordance
with Sec.  86.078-6. If the Administrator finds, after a review of the
request and supporting data, that the request raises a substantial
factual issue, he will grant the request with respect to such issue.
    (d)(1) For light-duty vehicles. Notwithstanding the fact that any
vehicle configuration or engine family may be covered by a valid
outstanding certificate of conformity, the Administrator may suspend
such outstanding certificate of conformity in whole or in part with
respect to such

[[Page 8367]]

vehicle configuration or engine family if:
    (i) The manufacturer refuses to comply with the provisions of a
test order issued by the Administrator pursuant to Sec.  86.603; or
    (ii) The manufacturer refuses to comply with any of the
requirements of Sec.  86.603; or
    (iii) The manufacturer submits false or incomplete information in
any report or information provided pursuant to the requirements of
Sec.  86.609; or
    (iv) The manufacturer renders inaccurate any test data which he
submits pursuant to Sec.  86.609; or
    (v) Any EPA Enforcement Officer is denied the opportunity to
conduct activities related to entry and access as authorized in Sec. 
86.606 of this part and in a warrant or court order presented to the
manufacturer or the party in charge of a facility in question; or
    (vi) EPA Enforcement Officers are unable to conduct activities
related to entry and access or to obtain ``reasonable assistance'' as
authorized in Sec.  86.606 of this part because a manufacturer has
located its facility in a foreign jurisdiction where local law
prohibits those activities; or
    (vii) The manufacturer refuses to or in fact does not comply with
Sec.  86.604(a), Sec.  86.605, Sec.  86.607, Sec.  86.608, or Sec.  86.610.
    (2) The sanction of suspending a certificate may not be imposed for
the reasons in paragraph (d)(1)(i), (ii), or (vii) of this section
where the refusal is caused by conditions and circumstances outside the
control of the manufacturer which render it impossible to comply with
those requirements.
    (3) The sanction of suspending a certificate may be imposed for the
reasons in paragraph (d)(1)(iii), (iv), or (v) of this section only
when the infraction is substantial.
    (4) In any case in which a manufacturer knowingly submitted false
or inaccurate information or knowingly rendered inaccurate any test
data or committed any other fraudulent acts, and such acts contributed
substantially to the Administrator's original decision not to suspend
or revoke a certificate of conformity in whole or in part, the
Administrator may deem such certificate void from the date of such
fraudulent act.
    (5) In any case in which certification of a vehicle is proposed to
be suspended under paragraph (d)(1)(v) of this section and in which the
Administrator has presented to the manufacturer involved reasonable
evidence that a violation of Sec.  86.606 in fact occurred, if the
manufacturer wishes to contend that, although the violation occurred,
the vehicle configuration or engine family in question was not involved
in the violation to a degree that would warrant suspension of
certification under paragraph (d)(1)(v) of this section, the
manufacturer shall have the burden of establishing the contention to
the satisfaction of the Administrator.
    (6) Any suspension of certification under paragraph (d)(1) of this
section shall:
    (i) Be made only after the manufacturer concerned has been offered
an opportunity for a hearing conducted in accordance with Sec.  86.614;
and
    (ii) Not apply to vehicles no longer in the hands of the manufacturer.
    (7) Any voiding of a certificate of conformity under paragraph
(d)(4) of this section will be made only after the manufacturer
concerned has been offered an opportunity for a hearing conducted in
accordance with Sec.  86.614.
    (8) Any voiding of the certificate under Sec.  86.091-30(a)(10)
will be made only after the manufacturer concerned has been offered an
opportunity for a hearing conducted in accordance with Sec.  86.614.
    (e) For light-duty trucks and heavy-duty engines.
    (1) Notwithstanding the fact that any vehicle configuration or
engine family may be covered by a valid outstanding certificate of
conformity, the Administrator may suspend such outstanding certificate
of conformity in whole or in part with respect to such vehicle or
engine configuration or engine family if:
    (i) The manufacturer refuses to comply with the provisions of a
test order issued by the Administrator pursuant to Sec.  86.1003; or
    (ii) The manufacturer refuses to comply with any of the
requirements of Sec.  86.1003; or
    (iii) The manufacturer submits false or incomplete information in
any report or information provided pursuant to the requirements of
Sec.  86.1009; or
    (iv) The manufacturer renders inaccurate any test data submitted
pursuant to Sec.  86.1009; or
    (v) Any EPA Enforcement Officer is denied the opportunity to
conduct activities related to entry and access as authorized in Sec. 
86.1006 of this part and in a warrant or court order presented to the
manufacturer or the party in charge of a facility in question; or
    (vi) EPA Enforcement Officers are unable to conduct activities
related to entry and access as authorized in Sec.  86.1006 of this part
because a manufacturer has located a facility in a foreign jurisdiction
where local law prohibits those activities; or
    (vii) The manufacturer refuses to or in fact does not comply with
the requirements of Sec. Sec.  86.1004(a), 86.1005, 86.1007, 86.1008,
86.1010, 86.1011, or 86.1013.
    (2) The sanction of suspending a certificate may not be imposed for
the reasons in paragraph (e)(1) (i), (ii), or (vii) of this section
where such refusal or denial is caused by conditions and circumstances
outside the control of the manufacturer which renders it impossible to
comply with those requirements. Such conditions and circumstances shall
include, but are not limited to, any uncontrollable factors which
result in the temporary unavailability of equipment and personnel
needed to conduct the required tests, such as equipment breakdown or
failure or illness of personnel, but shall not include failure of the
manufacturers to adequately plan for and provide the equipment and
personnel needed to conduct the tests. The manufacturer will bear the
burden of establishing the presence of the conditions and circumstances
required by this paragraph.
    (3) The sanction of suspending a certificate may be imposed for the
reasons outlined in paragraph (e)(1)(iii), (iv), or (v) of this section
only when the infraction is substantial.
    (4) In any case in which a manufacturer knowingly submitted false
or inaccurate information or knowingly rendered inaccurate any test
data or committed any other fraudulent acts, and such acts contributed
substantially to the Administrator's original decision not to suspend
or revoke a certificate of conformity in whole or in part, the
Administrator may deem such certificate void from the date of such
fraudulent act.
    (5) In any case in which certification of a light-duty truck or
heavy-duty engine is proposed to be suspended under paragraph (e)(1)(v)
of this section and in which the Administrator has presented to the
manufacturer involved reasonable evidence that a violation of Sec. 
86.1006 in fact occurred, if the manufacturer wishes to contend that,
although the violation occurred, the vehicle or engine configuration or
engine family in question was not involved in the violation to a degree
that would warrant suspension of certification under paragraph
(e)(1)(v) of this section, he shall have the burden of establishing
that contention to the satisfaction of the Administrator.
    (6) Any suspension of certification under paragraph (e)(1) of this
section shall:
    (i) Be made only after the manufacturer concerned has been

[[Page 8368]]

offered an opportunity for a hearing conducted in accordance with Sec. 
86.1014; and
    (ii) Not apply to vehicles or engines no longer in the hands of the
manufacturer.
    (7) Any voiding of a certificate of conformity under paragraph
(e)(4) of this section shall be made only after the manufacturer
concerned has been offered an opportunity for a hearing conducted in
accordance with Sec.  86.1014.
    (8) Any voiding of the certificate under paragraph (a) (10) or (11)
of this section will be made only after the manufacturer concerned has
been offered an opportunity for a hearing conducted in accordance with
Sec.  86.1014.
    (f) For engine families required to have an OBD system and meant
for applications less than or equal to 14,000 pounds, 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_X standard or FEL above
the NMHC+NO_X emission level measured using a representative
4000 mile catalyst system.
    (ii) Diesel.
    (A) If monitored for emissions performance--a reduction catalyst is
replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust emissions exceeding, for model
years 2007 through 2012, 1.75 times the applicable NO_X
standard for engines certified to a NO_X FEL greater than
0.50 g/bhp-hr, or the applicable NO_X FEL+0.6 g/bhp-hr for
engines certified to a NO_X FEL less than or equal to 0.50 g/
bhp-hr and, for model years 2013 and later, the applicable
NO_X FEL+0.3 g/bhp-hr. Also if monitored for emissions
performance--an oxidation catalyst is replaced with a deteriorated or
defective catalyst, or an electronic simulation of such, resulting in
exhaust NMHC emissions exceeding, for model years 2007 through 2012,
2.5 times the applicable NMHC standard and, for model years 2013 and
later, 2 times the applicable NMHC standard. If monitored for exotherm
performance, an oxidation catalsyt is replaced with a deteriorated or
defective catalyst, or an electronic simulation of such, resulting in
an inability to achieve a 100 degree C temperature rise, or the
necessary regeneration temperature, within 60 seconds of initiating a
DPF regeneration.
    (B) If monitored for performance--a diesel particulate filter (DPF)
is replaced with a DPF that has catastrophically failed, or an
electronic simulation of such; or, for model years 2010 and later, a
DPF is replaced with a deteriorated or defective DPF, or an electronic
simulation of such, resulting in either exhaust PM emissions exceeding
the applicable FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is
higher. If monitored for a decrease in the expected pressure drop
according to the alternative monitoring provision of Sec.  86.007-
17(b)(1)(ii)(B), the OBD system fails to detect any of the pressure
drop values across the DPF provided by the manufacturer at each of the
nine engine speed/load operating points regardless of how those
pressure drops are generated.
    (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_X or CO.
    (ii) Diesel. An engine misfire condition is induced and is not detected.
    (3) Exhaust gas sensors.
    (i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices.
    (A) Otto-cycle. If so equipped, any oxygen sensor or air-fuel ratio
sensor located downstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NO_X or CO.
    (B) Diesel. If so equipped, any oxygen sensor or air-fuel ratio
sensor located downstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
The applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is
higher; or, for model years 2007 through 2012, 1.75 times the
applicable NO_X standard for engines certified to a
NO_X FEL greater than 0.50 g/bhp-hr, or the applicable
NO_X FEL+0.6 g/bhp-hr for engines certified to a
NO_X FEL less than or equal to 0.50 g/bhp-hr and, for model
years 2013 and later, the applicable NO_X FEL+0.3 g/bhp-hr;
or, for model years 2007 through 2012, 2.5 times the applicable NMHC
standard and, for model years 2013 and later, 2 times the applicable
NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices.
    (A) Otto-cycle. If so equipped, any oxygen sensor or air-fuel ratio
sensor located upstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NO_X or CO.
    (B) Diesel. If so equipped, any oxygen sensor or air-fuel ratio
sensor located upstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
For model years 2007 through 2012, the applicable PM FEL+0.04 g/bhp-hr
or 0.05 g/bhp-hr PM, whichever is higher and, for model years 2013 and
later, the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM,
whichever is higher; or, for model years 2007 through 2012, 1.75 times
the applicable NO_X standard for engines certified to a
NO_X FEL greater than 0.50 g/bhp-hr, or the applicable
NO_X FEL+0.6 g/bhp-hr for engines certified to a
NO_X FEL less than or equal to 0.50 g/bhp-hr and, for model
years 2013 and later, the applicable NO_X FEL+0.3 g/bhp-hr;
or, for model years 2007 through 2012, 2.5 times the applicable NMHC
standard and, for model years 2013 and later, 2 times the applicable
NMHC standard; or, for model years 2007 through 2012, 2.5 times the
applicable CO standard and, for model years 2013 and later, 2 times the
applicable CO standard.
    (iii) NO_X sensors.
    (A) Otto-cycle. If so equipped, any NO_X sensor is
replaced with a deteriorated or defective sensor, or an electronic
simulation of such, resulting in exhaust emissions exceeding 1.5 times
the applicable standard or FEL for NMHC, NO_X or CO.
    (B) Diesel. If so equipped, any NO_X sensor is replaced
with a deteriorated or defective sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding any of the following
levels: The applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM,
whichever is higher; or, for model years 2007 through 2012, 1.75 times
the applicable NO_X standard for engines certified to a
NO_X FEL greater than 0.50 g/bhp-hr, or the applicable
NO_X FEL+0.6 g/bhp-hr for engines certified to a
NO_X FEL less than or equal to 0.50 g/bhp-hr and, for model
years 2013 and later, the applicable NO_X FEL+0.3 g/bhp-hr.
    (4) If so equipped and for Otto-cycle engines, a vapor leak is
introduced in

[[Page 8369]]

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)(i) Otto-cycle. 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, or CO.
    (ii) Diesel. 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,
and the fuel control system, singularly resulting in exhaust emissions
exceeding any of the following levels: The applicable PM FEL+0.04 g/
bhp-hr or 0.05 g/bhp-hr PM, whichever is higher; or, for model years
2007 through 2012, 1.75 times the applicable NO_X standard
for engines certified to a NO_X FEL greater than 0.50 g/bhp-
hr, or the applicable NO_X FEL+0.6 g/bhp-hr for engines
certified to a NO_X FEL less than or equal to 0.50 g/bhp-hr
and, for model years 2013 and later, the applicable NO_X
FEL+0.3 g/bhp-hr; or, for model years 2007 through 2012, 2.5 times the
applicable NMHC standard and, for model years 2013 and later, 2 times
the applicable NMHC standard; or, for model years 2007 through 2012,
2.5 times the applicable CO standard and, for model years 2013 and
later, 2 times the applicable CO standard.
    (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.

• 5. Section 86.010-2 is added to Subpart A to read as follows:

Sec.  86.010-2  Definitions.

    The definitions of Sec.  86.004-2 continue to apply to 2004 and
later model year vehicles. The definitions listed in this section apply
beginning with the 2010 model year.
    DTC means diagnostic trouble code.
    Engine or engine system as used in Sec. Sec.  86.007-17, 86.007-30,
86.010-18, and 86.010-38 means the engine, fuel system, induction
system, aftertreatment system, and everything that makes up the system
for which an engine manufacturer has received a certificate of conformity.
    Engine start as used in Sec.  86.010-18 means the point when the
engine reaches a speed 150 rpm below the normal, warmed-up idle speed
(as determined in the drive position for vehicles equipped with an
automatic transmission). For hybrid vehicles or for engines employing
alternative engine start hardware or strategies (e.g., integrated
starter and generators.), the manufacturer may use an alternative
definition for engine start (e.g., key-on) provided the alternative
definition is based on equivalence to an engine start for a
conventional vehicle.
    Functional check, in the context of onboard diagnostics, means
verifying that a component and/or system that receives information from
a control computer responds properly to a command from the control computer.
    Ignition cycle as used in Sec.  86.010-18 means a cycle that begins
with engine start, meets the engine start definition for at least two
seconds plus or minus one second, and ends with engine shutoff.
    Limp-home operation as used in Sec.  86.010-18 means an operating
mode that an engine is designed to enter upon determining that normal
operation cannot be maintained. In general, limp-home operation implies
that a component or system is not operating properly or is believed to
be not operating properly.
    Malfunction means the conditions have been met that require the
activation of an OBD malfunction indicator light and storage of a DTC.
    MIL-on DTC means the diagnostic trouble code stored when an OBD
system has detected and confirmed that a malfunction exists (e.g.,
typically on the second drive cycle during which a given OBD monitor
has evaluated a system or component). Industry standards may refer to
this as a confirmed or an active DTC.
    Onboard Diagnostics (OBD) group means a combination of engines,
engine families, or engine ratings that use the same OBD strategies and
similar calibrations.
    Pending DTC means the diagnostic trouble code stored upon the
detection of a potential malfunction.
    Permanent DTC means a DTC that corresponds to a MIL-on DTC and is
stored in non-volatile random access memory (NVRAM). A permanent DTC
can only be erased by the OBD system itself and cannot be erased
through human interaction with the OBD system or any onboard computer.
    Potential malfunction means that conditions have been detected that
meet the OBD malfunction criteria but for which more drive cycles are
allowed to provide further evaluation prior to confirming that a
malfunction exists.
    Previous-MIL-on DTC means a DTC that corresponds to a MIL-on DTC
but is distinguished by representing a malfunction that the OBD system
has determined no longer exists but for which insufficient operation
has occurred to satisfy the DTC erasure provisions.
    Rationality check, in the context of onboard diagnostics, means
verifying that a component that provides input to a control computer
provides an accurate input to the control computer while in the range
of normal operation and when compared to all other available information.
    Similar conditions, in the context of onboard diagnostics, means
engine conditions having an engine speed within 375 rpm, load
conditions within 20 percent, and the same warm up status (i.e., cold
or hot). The manufacturer may use other definitions of similar
conditions based on comparable timeliness and reliability in detecting
similar engine operation.

• 6. Section 86.010-18 is added to Subpart A to read as follows:

Sec.  86.010-18  On-board Diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

    (a) General. According to the implementation schedule shown in
paragraph (o) of this section, heavy-duty engines intended for use in a
heavy-duty vehicle weighing more than 14,000 pounds GVWR must be
equipped with an on-board diagnostic (OBD) system capable of monitoring
all emission-related engine systems or components during the life of
the engine. The OBD system is required to detect all malfunctions
specified in paragraphs (g), (h), and (i) of this Sec.  86.010-18
although the OBD system is not required to use a unique monitor to
detect each of those malfunctions.
    (1) When the OBD system detects a malfunction, it must store a
pending, a MIL-on, or a previous-MIL-on diagnostic trouble code (DTC)
in the onboard computer's memory. A malfunction indicator light (MIL)
must also be activated as specified in paragraph (b) of this section.
    (2) Data link connector.
    (i) For model years 2010 through 2012, the OBD system must be
equipped with a data link connector to provide access to the stored
DTCs as specified in paragraph (k)(2) of this section.

[[Page 8370]]

    (ii) For model years 2013 and later, the OBD system must be
equipped with a standardized data link connector to provide access to
the stored DTCs as specified in paragraph (k)(2) of this section.
    (3) The OBD system cannot be programmed or otherwise designed to
deactivate based on age and/or mileage. This requirement does not alter
existing law and enforcement practice regarding a manufacturer's
liability for an engine beyond its regulatory useful life, except where
an engine has been programmed or otherwise designed so that an OBD
system deactivates based on age and/or mileage of the engine.
    (4) Drive cycle or driving cycle, in the context of this Sec. 
86.010-18, means operation that meets any of the conditions of
paragraphs (a)(4)(i) through (a)(4)(iv) of this section. Further, for
OBD monitors that run during engine-off conditions, the period of
engine-off time following engine shutoff and up to the next engine
start may be considered part of the drive cycle for the conditions of
paragraphs (a)(4)(i) and (a)(4)(iv) of this section. For engines/
vehicles that employ engine shutoff OBD monitoring strategies that do
not require the vehicle operator to restart the engine to continue
vehicle operation (e.g., a hybrid bus with engine shutoff at idle), the
manufacturer may use an alternative definition for drive cycle (e.g.,
key-on followed by key-off). Any alternative definition must be based
on equivalence to engine startup and engine shutoff signaling the
beginning and ending of a single driving event for a conventional
vehicle. For engines that are not likely to be routinely operated for
long continuous periods of time, a manufacturer may also request
approval to use an alternative definition for drive cycle (e.g., solely
based on engine start and engine shutoff without regard to four hours
of continuous engine-on time). Administrator approval of the
alternative definition will be based on manufacturer-submitted data
and/or information demonstrating the typical usage, operating habits,
and/or driving patterns of these vehicles.
    (i) Begins with engine start and ends with engine shutoff;
    (ii) Begins with engine start and ends after four hours of
continuous engine-on operation;
    (iii) Begins at the end of the previous four hours of continuous
engine-on operation and ends after four hours of continuous engine-on
operation; or
    (iv) Begins at the end of the previous four hours of continuous
engine-on operation and ends with engine shutoff.
    (5) As an alternative to demonstrating compliance with the
provisions of paragraphs (b) through (l) of this Sec.  86.010-18, a
manufacturer may demonstrate how the OBD system they have designed to
comply with California OBD requirements for engines used in
applications greater than 14,000 pounds also complies with the intent
of the provisions of paragraphs (b) through (l) of this section. To
make use of this alternative, the manufacturer must demonstrate to the
Administrator how the OBD system they intend to certify meets the
intent behind all of the requirements of this section, where applicable
(e.g., paragraph (h) of this section would not apply for a diesel
fueled/CI engine). Furthermore, if making use of this alternative, the
manufacturer must comply with the specific certification documentation
requirements of paragraph (m)(3) of this section.
    (6) Temporary provisions to address hardship due to unusual circumstances.
    (i) After considering the unusual circumstances, the Administrator
may permit the manufacturer to introduce into U.S. commerce engines
that do not comply with this Sec.  86.010-18 for a limited time if all
the following conditions apply:
    (A) Unusual circumstances that are clearly outside the
manufacturer's control prevent compliance with the requirements of this
Sec.  86.010-18.
    (B) The manufacturer exercised prudent planning and was not able to
avoid the violation and has taken all reasonable steps to minimize the
extent of the nonconformity.
    (C) No other allowances are available under the regulations in this
chapter to avoid the impending violation.
    (ii) To apply for an exemption, the manufacturer must send to the
Administrator a written request as soon as possible before being in
violation. In the request, the manufacturer must show that all the
conditions and requirements of paragraph (a)(6)(i) of this section are met.
    (iii) The request must also include a plan showing how all the
applicable requirements will be met as quickly as possible.
    (iv) The manufacturer shall give the Administrator other relevant
information upon request.
    (v) The Administrator may include additional conditions on an
approval granted under the provisions of this paragraph (a)(6),
including provisions that may require field repair at the
manufacturer's expense to correct the noncompliance.
    (vi) Engines sold as non-compliant under this temporary hardship
provision must display ``non-OBD'' in the data stream as required under
paragraph (k)(4)(ii) of this section. Upon correcting the
noncompliance, the data stream value must be updated accordingly.
    (b) Malfunction indicator light (MIL) and Diagnostic Trouble Codes
(DTC). The OBD system must incorporate a malfunction indicator light
(MIL) or equivalent and must store specific types of diagnostic trouble
codes (DTC). Unless otherwise specified, all provisions of this
paragraph (b) apply for 2010 and later model years.
    (1) MIL specifications.
    (i) For model years 2013 and later, the MIL must be located on the
primary driver's side instrument panel and be of sufficient
illumination and location to be readily visible under all lighting
conditions. The MIL must be amber (yellow) in color; the use of red for
the OBD-related MIL is prohibited. More than one general purpose
malfunction indicator light for emission-related problems shall not be
used; separate specific purpose warning lights (e.g., brake system,
fasten seat belt, oil pressure, etc.) are permitted. When activated,
the MIL shall display the International Standards Organization (ISO)
engine symbol.
    (ii) The OBD system must activate the MIL when the ignition is in
the key-on/engine-off position before engine cranking to indicate that
the MIL is functional. The MIL shall be activated continuously during
this functional check for a minimum of 5 seconds. During this MIL key-
on functional check, the data stream value (see paragraph (k)(4)(ii) of
this section) for MIL status must indicate ``commanded off'' unless the
OBD system has detected a malfunction and has stored a MIL-on DTC. This
MIL key-on functional check is not required during vehicle operation in
the key-on/engine-off position subsequent to the initial engine
cranking of an ignition cycle (e.g., due to an engine stall or other
non-commanded engine shutoff).
    (iii) As an option, the MIL may be used to indicate readiness
status (see paragraph (k)(4)(i) of this section) in a standardized
format in the key-on/engine-off position.
    (iv) A manufacturer may also use the MIL to indicate which, if any,
DTCs are currently stored (e.g., to ``blink'' the stored DTCs). Such
use must not activate unintentionally during routine driver operation.
    (v) For model years 2013 and later, the MIL required by this
paragraph (b) must not be used in any other way than is specified in
this section.

[[Page 8371]]

    (2) MIL activation and DTC storage protocol.
    (i) Within 10 seconds of detecting a potential malfunction, the OBD
system must store a pending DTC that identifies the potential malfunction.
    (ii) If the potential malfunction is again detected before the end
of the next drive cycle during which monitoring occurs (i.e., the
potential malfunction has been confirmed as a malfunction), then within
10 seconds of such detection the OBD system must activate the MIL
continuously and store a MIL-on DTC (systems using the SAE J1939
standard protocol specified in paragraph (k)(1) of this section may
either erase or retain the pending DTC in conjunction with storing the
MIL-on DTC). If the potential malfunction is not detected before the
end of the next drive cycle during which monitoring occurs (i.e., there
is no indication of the malfunction at any time during the drive
cycle), the corresponding pending DTC should be erased at the end of
the drive cycle. Similarly, if a malfunction is detected for the first
time and confirmed on a given drive cycle without need for further
evaluation, then within 10 seconds of such detection the OBD system
must activate the MIL continuously and store a MIL-on DTC (again,
systems using the SAE J1939 standard protocol specified in paragraph
(k)(1) of this section may optionally store a pending DTC in
conjunction with storing the MIL-on DTC).
    (iii) A manufacturer may request Administrator approval to employ
alternative statistical MIL activation and DTC storage protocols to
those specified in paragraphs (b)(2)(i) and (b)(2)(ii) of this section.
Approval will depend upon the manufacturer providing data and/or
engineering evaluations that demonstrate that the alternative protocols
can evaluate system performance and detect malfunctions in a manner
that is equally effective and timely. Strategies requiring on average
more than six drive cycles for MIL activation will not be accepted.
    (iv) The OBD system must store a ``freeze frame'' of the operating
conditions (as defined in paragraph (k)(4)(iii) of this section)
present upon detecting a malfunction or a potential malfunction. In the
event that a pending DTC has matured to a MIL-on DTC, the manufacturer
shall either retain the currently stored freeze frame conditions or
replace the stored freeze frame with freeze frame conditions regarding
the MIL-on DTC. Any freeze frame stored in conjunction with any pending
DTC or MIL-on DTC should be erased upon erasure of the corresponding DTC.
    (v) If the engine enters a limp-home mode of operation that can
affect emissions or the performance of the OBD system, or in the event
of a malfunction of an onboard computer(s) itself that can affect the
performance of the OBD system, the OBD system must activate the MIL and
store a MIL-on DTC within 10 seconds to inform the vehicle operator. If
the limp-home mode of operation is recoverable (i.e., operation
automatically returns to normal at the beginning of the following
ignition cycle), the OBD system may wait to activate the MIL and store
the MIL-on DTC if the limp-home mode of operation is again entered
before the end of the next ignition cycle rather than activating the
MIL within 10 seconds on the first drive cycle during which the limp-
home mode of operation is entered.
    (vi) Before the end of an ignition cycle, the OBD system must store
a permanent DTC(s) that corresponds to any stored MIL-on DTC(s).
    (3) MIL deactivation and DTC erasure protocol.
    (i) Deactivating the MIL. Except as otherwise provided for in
paragraphs (g)(2)(iv)(E) and (g)(6)(iv)(B) of this section for diesel
misfire malfunctions and empty reductant tanks, and paragraphs
(h)(1)(iv)(F), (h)(2)(viii), and (h)(7)(iv)(B) of this section for
gasoline fuel system, misfire, and evaporative system malfunctions,
once the MIL has been activated, it may be deactivated after three
subsequent sequential drive cycles during which the monitoring system
responsible for activating the MIL functions and the previously
detected malfunction is no longer present and provided no other
malfunction has been detected that would independently activate the MIL
according to the requirements outlined in paragraph (b)(2) of this section.
    (ii) Erasing a MIL-on DTC. The OBD system may erase a MIL-on DTC if
the identified malfunction has not again been detected in at least 40
engine warm up cycles and the MIL is presently not activated for that
malfunction. The OBD system may also erase a MIL-on DTC upon
deactivating the MIL according to paragraph (b)(3)(i) of this section
provided a previous-MIL-on DTC is stored upon erasure of the MIL-on
DTC. The OBD system may erase a previous-MIL-on DTC if the identified
malfunction has not again been detected in at least 40 engine warm up
cycles and the MIL is presently not activated for that malfunction.
    (iii) Erasing a permanent DTC. The OBD system can erase a permanent
DTC only if:
    (A) The OBD system itself determines that the malfunction that
caused the corresponding permanent DTC to be stored is no longer
present and is not commanding activation of the MIL, concurrent with
the requirements of paragraph (b)(3)(i) of this section which, for
purposes of this paragraph (b)(3)(iii), shall apply to all monitors.
    (B) All externally erasable DTC information stored in the onboard
computer has been erased (i.e., through the use of a scan tool or
battery disconnect) and the monitor of the malfunction that caused the
permanent DTC to be stored is subject to the minimum ratio requirements
of paragraph (d) of this section, the OBD system shall erase the
permanent DTC at the end of a drive cycle if the monitor has run and
made one or more determinations during a drive cycle that the
malfunction of the component or the system is not present and has not
made any determinations within the same drive cycle that the
malfunction is present.
    (C) (1) All externally erasable DTC information stored in the
onboard computer has been erased (i.e., through the use of a scan tool
or battery disconnect) and the monitor of the malfunction that caused
the permanent DTC to be stored is not subject to the minimum ratio
requirements of paragraph (d) of this section, the OBD system shall
erase the permanent DTC at the end of a drive cycle provided the
following two criteria have independently been satisfied:
    (i) The monitor has run and made one or more determinations during
a drive cycle that the malfunction is no longer present and has not
made any determinations within the same drive cycle that the
malfunction is present; and,
    (ii) The monitor does not detect a malfunction on a drive cycle and
the criteria of paragraph (d)(4)(ii) of this section has been met.
    (2) These two separate criteria may be met on the same or different
drive cycles provided the monitor never detects a malfunction during
either drive cycle, and if criteria (b)(3)(iii)(C)(1)(i) happens first
then no malfunction may be detected before criteria
(b)(3)(iii)(C)(1)(ii) occurs. If a malfunction occurs after criteria
(b)(3)(iii)(C)(1)(i) then criteria (b)(3)(iii)(C)(1)(i) must be
satisfied again. For the second criterion, the manufacturer must
exclude any temperature and/or elevation provisions of paragraph
(d)(4)(ii) of this section. For this paragraph (b)(3)(iii)(C), monitors
required to use ``similar conditions'' as defined in Sec.  86.010-2 to

[[Page 8372]]

store and erase pending and MIL-on DTCs cannot require that the similar
conditions be met prior to erasure of the permanent DTC.
    (D) The Administrator shall allow monitors subject to paragraph
(b)(3)(iii)(B) of this section to use the criteria of paragraph
(b)(3)(iii)(C) of this section in lieu of paragraph (b)(3)(iii)(B).
Further, manufacturers may request Administrator approval to use
alternative criteria to erase the permanent DTC. The Administrator
shall approve alternate criteria that will not likely require driving
conditions that are longer and more difficult to meet than those
required under paragraph (b)(3)(iii)(C) of this section and do not
require access to enhanced scan tools to determine conditions necessary
to erase the permanent DTC.
    (4) Exceptions to MIL and DTC requirements.
    (i) If a limp-home mode of operation causes a overt indication
(e.g., activation of a red engine shut-down warning light) such that
the driver is certain to respond and have the problem corrected, a
manufacturer may choose not to activate the MIL as required by
paragraph (b)(2)(v) of this section. Additionally, if an auxiliary
emission control device has been properly activated as approved by the
Administrator, a manufacturer may choose not to activate the MIL.
    (ii) For gasoline engines, a manufacturer may choose to meet the
MIL and DTC requirements in Sec.  86.007-17 in lieu of meeting the
requirements of paragraph (b) of this Sec.  86.010-18.
    (c) Monitoring conditions. The OBD system must monitor and detect
the malfunctions specified in paragraphs (g), (h), and (i) of this
section under the following general monitoring conditions. The more
specific monitoring conditions of paragraph (d) of this section are
sometimes required according to the provisions of paragraphs (g), (h),
and (i) of this section.
    (1) As specifically provided for in paragraphs (g), (h), and (i) of
this section, the monitoring conditions for detecting malfunctions must
be technically necessary to ensure robust detection of malfunctions
(e.g., avoid false passes and false indications of malfunctions);
designed to ensure monitoring will occur under conditions that may
reasonably be expected to be encountered in normal vehicle operation
and normal vehicle use; and, designed to ensure monitoring will occur
during the FTP transient test cycle contained in Appendix I paragraph
(f), of this part, or similar drive cycle as approved by the Administrator.
    (2) Monitoring must occur at least once per drive cycle in which
the monitoring conditions are met.
    (3) Manufacturers may define monitoring conditions that are not
encountered during the FTP cycle as required in paragraph (c)(1) of
this section. In doing so, the manufacturer would be expected to
consider the degree to which the requirement to run during the FTP
transient cycle restricts monitoring during in-use operation, the
technical necessity for defining monitoring conditions that are not
encountered during the FTP cycle, whether monitoring is otherwise not
feasible during the FTP cycle, and/or the ability to demonstrate that
the monitoring conditions satisfy the minimum acceptable in-use monitor
performance ratio requirement as defined in paragraph (d) of this section.
    (d) In-use performance tracking. As specifically required in
paragraphs (g), (h), and (i) of this section, the OBD system must
monitor and detect the malfunctions specified in paragraphs (g), (h),
and (i) of this section according to the criteria of this paragraph
(d). The OBD system is not required to track and report in-use
performance for monitors other than those specifically identified in
paragraph (d)(1) of this section, but all monitors on applicable model
year engines are still required to meet the in-use performance ratio as
specified in paragraph (d)(1)(ii) of this section.
    (1) The manufacturer must implement software algorithms in the OBD
system to individually track and report the in-use performance of the
following monitors, if equipped, in the standardized format specified
in paragraph (e) of this section: NMHC converting catalyst (paragraph
(g)(5) of this section); NO_X converting catalyst (paragraph
(g)(6) of this section); gasoline catalyst (paragraph (h)(6) of this
section); exhaust gas sensor (paragraph (g)(9) of this section) or
paragraph(h)(8) of this section); evaporative system (paragraph (h)(7)
of this section); EGR system (paragraph (g)(3) of this section or
(h)(3) of this section); VVT system (paragraph (g)(10) of this section
or (h)(9) of this section); secondary air system (paragraph (h)(5) of
this section); DPF system (paragraph (g)(8) of this section); boost
pressure control system (paragraph (g)(4) of this section); and,
NO_X adsorber system (paragraph (g)(7) of this section).
    (i) The manufacturer shall not use the calculated ratio specified
in paragraph (d)(2) of this section or any other indication of monitor
frequency as a monitoring condition for a monitor (e.g., using a low
ratio to enable more frequent monitoring through diagnostic executive
priority or modification of other monitoring conditions, or using a
high ratio to enable less frequent monitoring).
    (ii) For model years 2013 and later, manufacturers must define
monitoring conditions that, in addition to meeting the criteria in
paragraphs (c)(1) and (d)(1) of this section, ensure that the monitor
yields an in-use performance ratio (as defined in paragraph (d)(2) of
this section) that meets or exceeds the minimum acceptable in-use
monitor performance ratio of 0.100 for all monitors specifically
required in paragraphs (g), (h), and (i) of this section to meet the
monitoring condition requirements of this paragraph (d).
    (iii) If the most reliable monitoring method developed requires a
lower ratio for a specific monitor than that specified in paragraph
(d)(1)(ii) of this section, the Administrator may lower the minimum
acceptable in-use monitoring performance ratio.
    (2) In-use performance ratio definition. For monitors required to
meet the requirements of paragraph (d) of this section, the performance
ratio must be calculated in accordance with the specifications of this
paragraph (d)(2).
    (i) The numerator of the performance ratio is defined as the number
of times a vehicle has been operated such that all monitoring
conditions have been encountered that are necessary for the specific
monitor to detect a malfunction.
    (ii) The denominator is defined as the number of times a vehicle
has been operated in accordance with the provisions of paragraph (d)(4)
of this section.
    (iii) The performance ratio is defined as the numerator divided by
the denominator.
    (3) Specifications for incrementing the numerator.
    (i) Except as provided for in paragraph (d)(3)(v) of this section,
the numerator, when incremented, must be incremented by an integer of
one. The numerator shall not be incremented more than once per drive cycle.
    (ii) The numerator for a specific monitor must be incremented
within 10 seconds if and only if the following criteria are satisfied
on a single drive cycle:
    (A) Every monitoring condition has been satisfied that is necessary
for the specific monitor to detect a malfunction and store a pending
DTC, including applicable enable criteria, presence or absence of
related DTCs, sufficient length of monitoring time, and diagnostic
executive priority assignments (e.g., diagnostic ``A'' must execute
prior to diagnostic ``B''). For the

[[Page 8373]]

purpose of incrementing the numerator, satisfying all the monitoring
conditions necessary for a monitor to determine that the monitor is not
malfunctioning shall not, by itself, be sufficient to meet this criteria.
    (B) For monitors that require multiple stages or events in a single
drive cycle to detect a malfunction, every monitoring condition
necessary for all events to complete must be satisfied.
    (C) For monitors that require intrusive operation of components to
detect a malfunction, a manufacturer must request approval of the
strategy used to determine that, had a malfunction been present, the
monitor would have detected the malfunction. Administrator approval of
the request will be based on the equivalence of the strategy to actual
intrusive operation and the ability of the strategy to determine
accurately if every monitoring condition was satisfied that was
necessary for the intrusive event to occur.
    (D) For the secondary air system monitor, the criteria in
paragraphs (d)(3)(ii)(A) through (d)(3)(ii)(C) of this section are
satisfied during normal operation of the secondary air system.
Monitoring during intrusive operation of the secondary air system later
in the same drive cycle for the sole purpose of monitoring shall not,
by itself, be sufficient to meet these criteria.
    (iii) For monitors that can generate results in a ``gray zone'' or
``non-detection zone'' (i.e., monitor results that indicate neither a
properly operating system nor a malfunctioning system) or in a ``non-
decision zone'' (e.g., monitors that increment and decrement counters
until a pass or fail threshold is reached), the numerator, in general,
shall not be incremented when the monitor indicates a result in the
``non-detection zone'' or prior to the monitor reaching a complete
decision. When necessary, the Administrator will consider data and/or
engineering analyses submitted by the manufacturer demonstrating the
expected frequency of results in the ``non-detection zone'' and the
ability of the monitor to determine accurately, had an actual
malfunction been present, whether or not the monitor would have
detected a malfunction instead of a result in the ``non-detection
zone.''
    (iv) For monitors that run or complete their evaluation with the
engine off, the numerator must be incremented either within 10 seconds
of the monitor completing its evaluation in the engine off state, or
during the first 10 seconds of engine start on the subsequent drive cycle.
    (v) Manufacturers that use alternative statistical MIL activation
protocols as allowed in paragraph (b)(2)(iii) of this section for any
of the monitors requiring a numerator, are required to increment the
numerator(s) appropriately. The manufacturer may be required to provide
supporting data and/or engineering analyses demonstrating both the
equivalence of their incrementing approach to the incrementing
specified in this paragraph (d)(3) for monitors using the standard MIL
activation protocol, and the overall equivalence of the incrementing
approach in determining that the minimum acceptable in-use performance
ratio of paragraph (d)(1)(ii) of this section, if applicable, has been
satisfied.
    (4) Specifications for incrementing the denominator.
    (i) The denominator, when incremented, must be incremented by an
integer of one. The denominator shall not be incremented more than once
per drive cycle.
    (ii) The denominator for each monitor must be incremented within 10
seconds if and only if the following criteria are satisfied on a single
drive cycle:
    (A) Cumulative time since the start of the drive cycle is greater
than or equal to 600 seconds while at an elevation of less than 8,000
feet (2,400 meters) above sea level and at an ambient temperature of
greater than or equal to 20 degrees Fahrenheit (-7 C);
    (B) Cumulative gasoline engine operation at or above 25 miles per
hour or diesel engine operation at or above 1,150 rotations per minute
(diesel engines may use the gasoline criterion for 2010 through 2012
model years), either of which occurs for greater than or equal to 300
seconds while at an elevation of less than 8,000 feet (2,400 meters)
above sea level and at an ambient temperature of greater than or equal
to 20 degrees Fahrenheit (-7 C); and,
    (C) Continuous engine operation at idle (e.g., accelerator pedal
released by driver and engine speed less than or equal to 200 rpm above
normal warmed-up idle (as determined in the drive position for vehicles
equipped with an automatic transmission) or vehicle speed less than or
equal to one mile per hour) for greater than or equal to 30 seconds
while at an elevation of less than 8,000 feet (2,400 meters) above sea
level and at an ambient temperature of greater than or equal to 20
degrees Fahrenheit (-7 C).
    (iii) In addition to the requirements of paragraph (d)(4)(ii) of
this section, the evaporative system monitor denominator(s) may be
incremented if and only if:
    (A) Cumulative time since the start of the drive cycle is greater
than or equal to 600 seconds while at an ambient temperature of greater
than or equal to 40 degrees Fahrenheit (4 C) but less than or equal to
95 degrees Fahrenheit (35 C); and,
    (B) Engine cold start occurs with the engine coolant temperature
greater than or equal to 40 degrees Fahrenheit (4 C) but less than or
equal to 95 degrees Fahrenheit (35 C) and less than or equal to 12
degrees Fahrenheit (7 C) higher than the ambient temperature.
    (iv) In addition to the requirements of paragraph (d)(4)(ii) of
this section, the denominator(s) for the following monitors may be
incremented if and only if the component or strategy is commanded
``on'' for a cumulative time greater than or equal to 10 seconds. For
purposes of determining this commanded ``on'' time, the OBD system
shall not include time during intrusive operation of any of the
components or strategies that occurs later in the same drive cycle for
the sole purpose of monitoring.
    (A) Secondary air system (paragraph (h)(5) of this section).
    (B) Cold start emission reduction strategy (paragraph (h)(4) of
this section).
    (C) Components or systems that operate only at engine start-up
(e.g., glow plugs, intake air heaters) and are subject to monitoring
under ``other emission control systems'' (paragraph (i)(4) of this
section) or comprehensive component output components (paragraph
(i)(3)(iii) of this section).
    (v) In addition to the requirements of paragraph (d)(4)(ii) of this
section, the denominator(s) for the following monitors of output
components (except those operated only at engine start-up and subject
to the requirements of paragraph (d)(4)(iv) of this section, may be
incremented if and only if the component is commanded to function
(e.g., commanded ``on'', ``opened'', ``closed'', ``locked'') on two or
more occasions during the drive cycle or for a cumulative time greater
than or equal to 10 seconds, whichever occurs first:
    (A) Variable valve timing and/or control system (paragraph (g)(10)
of this section or (h)(9) of this section).
    (B) ``Other emission control systems'' (paragraph (i)(4) of this
section).
    (C) Comprehensive component output component (paragraph (i)(3) of
this section) (e.g., turbocharger waste-gates, variable length manifold
runners).
    (vi) For monitors of the following components, the manufacturer may
use alternative or additional criteria for incrementing the denominator
to that set forth in paragraph (d)(4)(ii) of this

[[Page 8374]]

section. To do so, the alternative criteria must be based on
equivalence to the criteria of paragraph (d)(4)(ii) of this section in
measuring the frequency of monitor operation relative to the amount of
engine operation:
    (A) Engine cooling system input components (paragraph (i)(1) of
this section).
    (B) ``Other emission control systems'' (paragraph (i)(4) of this
section).
    (C) Comprehensive component input components that require extended
monitoring evaluation (paragraph (i)(3) of this section) (e.g., stuck
fuel level sensor rationality).
    (D) Comprehensive component input component temperature sensor
rationality monitors (paragraph (i)(3) of this section) (e.g., intake
air temperature sensor, ambient temperature sensor, fuel temperature
sensor).
    (E) Diesel particulate filter (DPF) frequent regeneration
(paragraph (g)(8)(ii)(B) of this section).
    (vii) For monitors of the following components or other emission
controls that experience infrequent regeneration events, the
manufacturer may use alternative or additional criteria for
incrementing the denominator to that set forth in paragraph (d)(4)(ii)
of this section. To do so, the alternative criteria must be based on
equivalence to the criteria of paragraph (d)(4)(ii) of this section in
measuring the frequency of monitor operation relative to the amount of
engine operation:
    (A) NMHC converting catalyst (paragraph (g)(5) of this section).
    (B) Diesel particulate filter (DPF) (paragraphs (g)(8)(ii)(A) and
(g)(8)(ii)(D) of this section).
    (viii) In addition to the requirements of paragraph (d)(4)(ii) of
this section, the denominator(s) for the following monitors shall be
incremented if and only if a regeneration event is commanded for a time
greater than or equal to 10 seconds:
    (A) DPF incomplete regeneration (paragraph (g)(8)(ii)(C) of this
section).
    (B) DPF active/intrusive injection (paragraph (g)(8)(ii)(E) of this
section).
    (ix) For hybrids that employ alternative engine start hardware or
strategies (e.g., integrated starter and generators), or alternative
fuel vehicles (e.g., dedicated, bi-fuel, or dual-fuel applications),
the manufacturer may use alternative criteria for incrementing the
denominator to that set forth in paragraph (d)(4)(ii) of this section.
In general, the Administrator will not approve alternative criteria for
those hybrids that employ engine shut off only at or near idle and/or
vehicle stop conditions. To use alternative criteria, the alternative
criteria must be based on the equivalence to the criteria of paragraph
(d)(4)(ii) of this section in measuring the amount of vehicle operation
relative to the measure of conventional vehicle operation.
    (5) Disablement of numerators and denominators.
    (i) Within 10 seconds of detecting a malfunction (i.e., a pending
or a MIL-on DTC has been stored) that disables a monitor for which the
monitoring conditions in paragraph (d) of this section must be met, the
OBD system must stop incrementing the numerator and denominator for any
monitor that may be disabled as a consequence of the detected
malfunction. Within 10 seconds of the time at which the malfunction is
no longer being detected (e.g., the pending DTC is erased through OBD
system self-clearing or through a scan tool command), incrementing of
all applicable numerators and denominators must resume.
    (ii) Within 10 seconds of the start of a power take-off unit (e.g.,
dump bed, snow plow blade, or aerial bucket, etc.) that disables a
monitor for which the monitoring conditions in paragraph (d) of this
section must be met, the OBD system must stop incrementing the
numerator and denominator for any monitor that may be disabled as a
consequence of power take-off operation. Within 10 seconds of the time
at which the power take-off operation ends, incrementing of all
applicable numerators and denominators must resume.
    (iii) Within 10 seconds of detecting a malfunction (i.e., a pending
or a MIL-on DTC has been stored) of any component used to determine if
the criteria of paragraphs (d)(4)(ii) and (d)(4)(iii) of this section
are satisfied, the OBD system must stop incrementing all applicable
numerators and denominators. Within 10 seconds of the time at which the
malfunction is no longer being detected (e.g., the pending DTC is
erased through OBD system self-clearing or through a scan tool
command), incrementing of all applicable numerators and denominators
must resume.
    (e) Standardized tracking and reporting of in-use monitor performance.
    (1) General. For monitors required to track and report in-use
monitor performance according to paragraph (d) of this section, the
performance data must be tracked and reported in accordance with the
specifications in paragraphs (d)(2), (e), and (k)(5) of this section.
The OBD system must separately report an in-use monitor performance
numerator and denominator for each of the following components:
    (i) For diesel engines, NMHC catalyst bank 1, NMHC catalyst bank 2,
NO_X catalyst bank 1, NO_X catalyst bank 2, exhaust
gas sensor bank 1, exhaust gas sensor bank 2, EGR/VVT system, DPF,
boost pressure control system, and NO_X adsorber. The OBD
system must also report a general denominator and an ignition cycle
counter in the standardized format specified in paragraphs (e)(5),
(e)(6), and (k)(5) of this section.
    (ii) For gasoline engines, catalyst bank 1, catalyst bank 2,
exhaust gas sensor bank 1, exhaust gas sensor bank 2, evaporative leak
detection system, EGR/VVT system, and secondary air system. The OBD
system must also report a general denominator and an ignition cycle
counter in the standardized format specified in paragraphs (e)(5),
(e)(6), and (k)(5) of this section.
    (iii) For specific components or systems that have multiple
monitors that are required to be reported under paragraphs (g) and (h)
of this section (e.g., exhaust gas sensor bank 1 may have multiple
monitors for sensor response or other sensor characteristics), the OBD
system must separately track numerators and denominators for each of
the specific monitors and report only the corresponding numerator and
denominator for the specific monitor that has the lowest numerical
ratio. If two or more specific monitors have identical ratios, the
corresponding numerator and denominator for the specific monitor that
has the highest denominator must be reported for the specific component.
    (2) Numerator.
    (i) The OBD system must report a separate numerator for each of the
applicable components listed in paragraph (e)(1) of this section.
    (ii) The numerator(s) must be reported in accordance with the
specifications in paragraph (k)(5)(ii) of this section.
    (3) Denominator.
    (i) The OBD system must report a separate denominator for each of
the applicable components listed in paragraph (e)(1) of this section.
    (ii) The denominator(s) must be reported in accordance with the
specifications in paragraph (k)(5)(ii) of this section.
    (4) Monitor performance ratio. For purposes of determining which
corresponding numerator and denominator to report as required in
paragraph (e)(1)(iii) of this section, the ratio must be calculated in
accordance with the specifications in paragraph (k)(5)(iii) of this section.
    (5) Ignition cycle counter.

[[Page 8375]]

    (i) The ignition cycle counter is defined as a counter that
indicates the number of ignition cycles a vehicle has experienced
according to the specifications of paragraph (e)(5)(ii)(B) of this
section. The ignition cycle counter must be reported in accordance with
the specifications in paragraph (k)(5)(ii) of this section.
    (ii) The ignition cycle counter must be incremented as follows:
    (A) The ignition cycle counter, when incremented, must be
incremented by an integer of one. The ignition cycle counter shall not
be incremented more than once per ignition cycle.
    (B) The ignition cycle counter must be incremented within 10
seconds if and only if the engine exceeds an engine speed of 50 to 150
rpm below the normal, warmed-up idle speed (as determined in the drive
position for engines paired with an automatic transmission) for at
least two seconds plus or minus one second.
    (iii) Within 10 seconds of detecting a malfunction (i.e., a pending
or a MIL-on DTC has been stored) of any component used to determine if
the criteria in paragraph (e)(5)(ii)(B) of this section are satisfied
(i.e., engine speed or time of operation), the OBD system must stop
incrementing the ignition cycle counter. Incrementing of the ignition
cycle counter shall not be stopped for any other condition. Within 10
seconds of the time at which the malfunction is no longer being
detected (e.g., the pending DTC is erased through OBD system self-
clearing or through a scan tool command), incrementing of the ignition
cycle counter must resume.
    (6) General denominator.
    (i) The general denominator is defined as a measure of the number
of times an engine has been operated according to the specifications of
paragraph (e)(6)(ii)(B) of this section. The general denominator must
be reported in accordance with the specifications in paragraph
(k)(5)(ii) of this section.
    (ii) The general denominator must be incremented as follows:
    (A) The general denominator, when incremented, must be incremented
by an integer of one. The general denominator shall not be incremented
more than once per drive cycle.
    (B) The general denominator must be incremented within 10 seconds
if and only if the criteria identified in paragraph (d)(4)(ii) of this
section are satisfied on a single drive cycle.
    (C) Within 10 seconds of detecting a malfunction (i.e., a pending
or a MIL-on DTC has been stored) of any component used to determine if
the criteria in paragraph (d)(4)(ii) of this section are satisfied
(i.e., vehicle speed/load, ambient temperature, elevation, idle
operation, or time of operation), the OBD system must stop incrementing
the general denominator. Incrementing of the general denominator shall
not be stopped for any other condition (e.g., the disablement criteria
in paragraphs (d)(5)(i) and (d)(5)(ii) of this section shall not
disable the general denominator). Within 10 seconds of the time at
which the malfunction is no longer being detected (e.g., the pending
DTC is erased through OBD system self-clearing or through a scan tool
command), incrementing of the general denominator must resume.
    (f) Malfunction criteria determination.
    (1) In determining the malfunction criteria for the diesel engine
monitors required under paragraphs (g) and (i) of this section that are
required to indicate a malfunction before emissions exceed an emission
threshold based on any applicable standard, the manufacturer must:
    (i) Use the emission test cycle and standard (i.e., the transient
FTP or the supplemental emissions test (SET)) determined by the
manufacturer to provide the most effective monitoring conditions and
robust monitor provided all other applicable requirements of this
section are met.
    (ii) Identify in the certification documentation required under
paragraph (m) of this section, the test cycle and standard determined
by the manufacturer to be the most stringent for each applicable
monitor and the most effective and robust for each applicable monitor.
    (iii) If the Administrator reasonably believes that a manufacturer
has determined incorrectly the test cycle and standard that is most
stringent or effective, the manufacturer must be able to provide
emission data and/or engineering analysis supporting their choice of
test cycle and standard.
    (2) On engines equipped with emission controls that experience
infrequent regeneration events, a manufacturer need not adjust the
emission test results that are used to determine the malfunction
criteria for monitors that are required to indicate a malfunction
before emissions exceed a certain emission threshold. For each such
monitor, should the manufacturer choose to adjust the emission test
results, the manufacturer must adjust the emission result as done in
accordance with the provisions of Sec.  86.004-28(i) with the component
for which the malfunction criteria are being established having been
deteriorated to the malfunction threshold. The adjusted emission value
must be used for purposes of determining whether or not the applicable
emission threshold is exceeded.
    (i) For purposes of this paragraph (f)(2), regeneration means an
event, by design, during which emissions levels change while the
emission control performance is being restored.
    (ii) For purposes of this paragraph (f)(2), infrequent means having
an expected frequency of less than once per transient FTP cycle.
    (3) For gasoline engines, rather than meeting the malfunction
criteria specified under paragraphs (h) and (i) of this section, the
manufacturer may request approval to use an OBD system certified to the
requirements of Sec.  86.007-17. To do so, the manufacturer must
demonstrate use of good engineering judgment in determining equivalent
malfunction detection criteria to those required in this section.
    (g) OBD monitoring requirements for diesel-fueled/compression-
ignition engines. The following table shows the thresholds at which
point certain components or systems, as specified in this paragraph
(g), are considered malfunctioning.

     Table 1--OBD Emissions Thresholds for Diesel-Fueled/Compression-Ignition Engines Meant for Placement in
                             Applications Greater Than 14,000 Pounds GVWR (g/bhp-hr)
----------------------------------------------------------------------------------------------------------------
                                                     Sec.
                   Component                      86.010-18       NMHC          CO          NOX           PM
                                                  reference
----------------------------------------------------------------------------------------------------------------
Model years 2010-2012:
    NOX aftertreatment system..................       (g)(6)  ...........  ...........         +0.6
                                                      (g)(7)
    Diesel particulate filter (DPF) system.....       (g)(8)         2.5x  ...........  ...........   0.05/+0.04
    Air-fuel ratio sensors upstream of                (g)(9)         2.5x         2.5x         +0.3   0.03/+0.02
     aftertreat ment devices...................

[[Page 8376]]

    Air-fuel ratio sensors downstream of              (g)(9)         2.5x  ...........         +0.3   0.05/+0.04
     aftertreatment devices....................
    NOX sensors................................       (g)(9)  ...........  ...........         +0.6   0.05/+0.04
    ``Other monitors'' with emissions                 (g)(1)         2.5x         2.5x         +0.3   0.03/+0.02
     thresholds................................       (g)(3)
                                                      (g)(4)
                                                     (g)(10)
Model years 2013 and later:
    NOX aftertreatment system..................       (g)(6)  ...........  ...........         +0.3
                                                      (g)(7)
    Diesel particulate filter (DPF) system.....       (g)(8)           2x  ...........  ...........   0.05/+0.04
    Air-fuel ratio sensors upstream of                (g)(9)           2x           2x         +0.3   0.03/+0.02
     aftertreatment devices....................
    Air-fuel ratio sensors downstream of              (g)(9)           2x  ...........         +0.3   0.05/+0.04
     aftertreatment devices....................
    NOX sensors................................       (g)(9)  ...........  ...........         +0.3   0.05/+0.04
    ``Other monitors'' with emissions                 (g)(1)           2x           2x         +0.3  0.03/+0.02
     thresholds................................       (g)(2)
                                                      (g)(3)
                                                      (g)(4)
                                                     (g)(10)
----------------------------------------------------------------------------------------------------------------
Notes: FEL = Family Emissions Limit; 2.5x std means a multiple of 2.5 times the applicable emissions standard;
  +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of
  the standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring
  requirements of paragraph (g) of this Sec.   86.010-18.

    (1) Fuel system monitoring.
    (i) General. The OBD system must monitor the fuel delivery system
to verify that it is functioning properly. The individual electronic
components (e.g., actuators, valves, sensors, pumps) that are used in
the fuel system and are not specifically addressed in this paragraph
(g)(1) must be monitored in accordance with the requirements of
paragraph (i)(3) of this section.
    (ii) Fuel system malfunction criteria.
    (A) Fuel system pressure control. The OBD system must monitor the
fuel system's ability to control to the desired fuel pressure. This
monitoring must be done continuously unless new hardware has to be
added, in which case the monitoring must be done at least once per
drive cycle. The OBD system must detect a malfunction of the fuel
system's pressure control system when the pressure control system is
unable to maintain an engine's emissions at or below the emissions
thresholds for ``other monitors'' as shown in Table 1 of this paragraph
(g). For engines in which no failure or deterioration of the fuel
system pressure control could result in an engine's emissions exceeding
the applicable emissions thresholds, the OBD system must detect a
malfunction when the system has reached its control limits such that
the commanded fuel system pressure cannot be delivered. For model year
2010 to 2012 engines with a unit injector fuel system, this requirement
may be met by conducting a functional check of the fuel system pressure
control in lieu of monitoring for conditions that could cause an
engine's emissions to exceed the applicable emissions thresholds.
    (B) Fuel system injection quantity. The OBD system must detect a
malfunction of the fuel injection system when the system is unable to
deliver the commanded quantity of fuel necessary to maintain an
engine's emissions at or below the emissions thresholds for ``other
monitors'' as shown in Table 1 of this paragraph (g). For engines in
which no failure or deterioration of the fuel injection quantity could
result in an engine's emissions exceeding the applicable emissions
thresholds, the OBD system must detect a malfunction when the system
has reached its control limits such that the commanded fuel quantity
cannot be delivered. For model year 2010 to 2012 engines with a unit
injector fuel system, this requirement may be met by conducting a
functional check of the fuel system injection quantity in lieu of
monitoring for conditions that could cause an engine's emissions to
exceed the applicable emissions thresholds.
    (C) Fuel system injection timing. The OBD system must detect a
malfunction of the fuel injection system when the system is unable to
deliver fuel at the proper crank angle/timing (e.g., injection timing
too advanced or too retarded) necessary to maintain an engine's
emissions at or below the emissions thresholds for ``other monitors''
as shown in Table 1 of this paragraph (g). For engines in which no
failure or deterioration of the fuel injection timing could result in
an engine's emissions exceeding the applicable emissions thresholds,
the OBD system must detect a malfunction when the system has reached
its control limits such that the commanded fuel injection timing cannot
be achieved. For model year 2010 to 2012 engines with a unit injector
fuel system, this requirement may be met by conducting a functional
check of the fuel system injection timing in lieu of monitoring for
conditions that could cause an engine's emissions to exceed the
applicable emissions thresholds.
    (D) Combined Monitoring. For engines with a unit injector fuel
system, the manufacturer may request Administrator approval to combine
the malfunction criteria of paragraphs (g)(1)(ii)(A) through
(g)(1)(ii)(C) of this section into one malfunction provided the
manufacturer can demonstrate that the combined malfunction will satisfy
the intent of each separate malfunction criteria. For engines with a
common rail fuel system, the manufacturer may request Administrator
approval to combine the malfunction criteria of paragraphs
(g)(1)(ii)(B) through (g)(1)(ii)(C) of this section into one
malfunction provided the manufacturer can demonstrate that the combined
malfunction will satisfy the intent of each separate malfunction criteria.
    (E) Fuel system feedback control. See paragraph (i)(6) of this section.
    (iii) Fuel system monitoring conditions.
    (A) With the exceptions noted in this paragraph for unit injector
systems, the OBD system must monitor continuously for malfunctions
identified in paragraphs (g)(1)(ii)(A) and (g)(1)(ii)(E) of this
section. For 2010 through 2012

[[Page 8377]]

unit injector systems, where functional monitoring is done in lieu of
emission threshold monitoring for malfunctions identified in paragraph
(g)(1)(ii)(A) of this section, the manufacturer must define the
monitoring conditions in accordance with paragraphs (c) and (d) of this
section. For 2013 and later unit injector systems, the manufacturer
must define the monitoring conditions for malfunctions identified in
paragraph (g)(1)(ii)(A) of this section in accordance with paragraphs
(c) and (d) of this section, with the exception that monitoring must
occur every time the monitoring conditions are met during the drive
cycle rather than once per drive cycle as required in paragraph (c)(2)
of this section.
    (B) For 2010 through 2012, the manufacturer must define the
monitoring conditions for malfunctions identified in paragraphs
(g)(1)(ii)(B), (g)(1)(ii)(C), and (g)(1)(ii)(D) of this section in
accordance with paragraphs (c) and (d) of this section. For 2013 and
later, the manufacturer must define the monitoring conditions in
accordance with paragraphs (c) and (d) of this section, with the
exception that monitoring must occur every time the monitoring
conditions are met during the drive cycle rather than once per drive
cycle as required in paragraph (c)(2) of this section.
    (iv) Fuel system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (2) Engine misfire monitoring.
    (i) General. The OBD system must monitor the engine for misfire
causing excess emissions.
    (ii) Engine misfire malfunction criteria.
    (A) The OBD system must be capable of detecting misfire occurring
in one or more cylinders. To the extent possible without adding
hardware for this specific purpose, the OBD system must also identify
the specific misfiring cylinder. If more than one cylinder is misfiring
continuously, or if more than one but less than half of the cylinders
are misfiring continuously (if the manufacturer can demonstrate the
robustness of their monitor to the approval of the Administrator), a
separate DTC must be stored indicating that multiple cylinders are
misfiring. When identifying multiple cylinder misfire, the OBD system
is not required to identify individually through separate DTCs each of
the continuously misfiring cylinders.
    (B) For model years 2013 and later, on engines equipped with
sensors that can detect combustion or combustion quality (e.g., for use
in engines with homogeneous charge compression ignition (HCCI) control
systems), the OBD system must detect a misfire malfunction causing
emissions to exceed the applicable thresholds for ``other monitors''
shown in Table 1 of this paragraph (g). To determine what level of
misfire would cause emissions to exceed the applicable emissions
thresholds, the manufacturer must determine the percentage of misfire
evaluated in 1,000 revolution increments that would cause emissions
from an emission durability demonstration engine to exceed the
emissions thresholds if the percentage of misfire were present from the
beginning of the test. To establish this percentage of misfire, the
manufacturer must use misfire events occurring at equally spaced,
complete engine cycle intervals, across randomly selected cylinders
throughout each 1,000-revolution increment. If this percentage of
misfire is determined to be lower than one percent, the manufacturer
may set the malfunction criteria at one percent. Any misfire
malfunction must be detected if the percentage of misfire established
via this testing is exceeded regardless of the pattern of misfire
events (e.g., random, equally spaced, continuous). The manufacturer may
employ other revolution increments besides the 1,000 revolution
increment. To do so, the manufacturer must demonstrate that the
strategy is equally effective and timely in detecting misfire.
    (iii) Engine misfire monitoring conditions.
    (A) The OBD system must monitor for engine misfire during engine
idle conditions at least once per drive cycle in which the monitoring
conditions for misfire are met. The manufacturer must be able to
demonstrate via engineering analysis and/or data that the self-defined
monitoring conditions: are technically necessary to ensure robust
detection of malfunctions (e.g., avoid false passes and false detection
of malfunctions); require no more than 1000 cumulative engine
revolutions; and, do not require any single continuous idle operation
of more than 15 seconds to make a determination that a malfunction is
present (e.g., a decision can be made with data gathered during several
idle operations of 15 seconds or less); or, satisfy the requirements of
paragraph (c) of this section with alternative engine operating conditions.
    (B) Manufacturers may employ alternative monitoring conditions
(e.g., off-idle) provided the manufacturer is able to demonstrate that
the alternative monitoring ensure equivalent robust detection of
malfunctions and equivalent timeliness in detection of malfunctions.
    (C) For model years 2013 and later, on engines equipped with
sensors that can detect combustion or combustion quality the OBD system
must monitor continuously for engine misfire under all positive torque
engine speed and load conditions. If a monitoring system cannot detect
all misfire patterns under all required engine speed and load
conditions, the manufacturer may request that the Administrator approve
the monitoring system nonetheless. In evaluating the manufacturer's
request, the Administrator will consider the following factors: the
magnitude of the region(s) in which misfire detection is limited; the
degree to which misfire detection is limited in the region(s) (i.e.,
the probability of detection of misfire events); the frequency with
which said region(s) are expected to be encountered in-use; the type of
misfire patterns for which misfire detection is troublesome; and
demonstration that the monitoring technology employed is not inherently
incapable of detecting misfire under required conditions (i.e.,
compliance can be achieved on other engines). The evaluation will be
based on the following misfire patterns: equally spaced misfire
occurring on randomly selected cylinders; single cylinder continuous
misfire; and, paired cylinder (cylinders firing at the same crank
angle) continuous misfire.
    (iv) Engine misfire MIL activation and DTC storage.
    (A) General requirements for MIL activation and DTC storage are set
forth in paragraph (b) of this section.
    (B) For model years 2013 and later, on engines equipped with
sensors that can detect combustion or combustion quality, upon
detection of the percentage of misfire specified in paragraph
(g)(2)(ii)(B) of this section, the following criteria shall apply for
MIL activation and DTC storage: A pending DTC must be stored no later
than after the fourth exceedance of the percentage of misfire specified
in paragraph (g)(2)(ii) of this section during a single drive cycle; if
a pending fault code has been stored, the OBD system must activate the
MIL and store a MIL-on DTC within 10 seconds if the percentage of
misfire specified in paragraph (g)(2)(ii) of this section is again
exceeded four times during the drive cycle immediately following
storage of the pending DTC, regardless of the conditions encountered
during the drive cycle, or on the next drive cycle in which similar
conditions are encountered to those that were occurring when the
pending DTC was stored. Similar conditions means an

[[Page 8378]]

engine speed within 375 rpm, engine load within 20 percent, and the
same warm up status (i.e., cold or hot). The Administrator may approve
other definitions of similar conditions based on comparable timeliness
and reliability in detecting similar engine operation. The pending DTC
may be erased at the end of the next drive cycle in which similar
conditions are encountered to those that were occurring when the
pending DTC was stored provided the specified percentage of misfire was
not again exceeded. The pending DTC may also be erased if similar
conditions are not encountered during the 80 drive cycles immediately
following initial detection of the malfunction.
    (C) For model years 2013 and later, on engines equipped with
sensors that can detect combustion or combustion quality, the OBD
system must store and erase freeze frame conditions either in
conjunction with storing and erasing a pending DTC or in conjunction
with storing and erasing a MIL-on DTC. If freeze frame conditions are
stored for a malfunction other than a misfire malfunction when a DTC is
stored as specified in paragraph (g)(2)(iv)(B) of this section, the
stored freeze frame information must be replaced with the freeze frame
information regarding the misfire malfunction.
    (D) For model years 2013 and later, on engines equipped with
sensors that can detect combustion or combustion quality, upon
detection of misfire according to paragraph (g)(2)(iv)(B) of this
section, the OBD system must also store the following engine
conditions: engine speed, load, and warm up status of the first misfire
event that resulted in the storage of the pending DTC.
    (E) For model years 2013 and later, on engines equipped with
sensors that can detect combustion or combustion quality, the MIL may
be deactivated after three sequential drive cycles in which similar
conditions have been encountered without an exceedance of the specified
percentage of misfire.
    (3) EGR system monitoring.
    (i) General. The OBD system must monitor the EGR system on engines
so equipped for low flow rate, high flow rate, and slow response
malfunctions. For engines equipped with EGR coolers (e.g., heat
exchangers), the OBD system must monitor the cooler for insufficient
cooling malfunctions. The individual electronic components (e.g.,
actuators, valves, sensors) that are used in the EGR system must be
monitored in accordance with the comprehensive component requirements
in paragraph (i)(3) of this section.
    (ii) EGR system malfunction criteria.
    (A) EGR low flow. The OBD system must detect a malfunction of the
EGR system prior to a decrease from the manufacturer's specified EGR
flow rate that would cause an engine's emissions to exceed the
emissions thresholds for ``other monitors'' as shown in Table 1 of this
paragraph (g). For engines in which no failure or deterioration of the
EGR system that causes a decrease in flow could result in an engine's
emissions exceeding the applicable emissions thresholds, the OBD system
must detect a malfunction when the system has reached its control
limits such that it cannot increase EGR flow to achieve the commanded
flow rate.
    (B) EGR high flow. The OBD system must detect a malfunction of the
EGR system, including a leaking EGR valve (i.e., exhaust gas flowing
through the valve when the valve is commanded closed) prior to an
increase from the manufacturer's specified EGR flow rate that would
cause an engine's emissions to exceed the emissions thresholds for
``other monitors'' as shown in Table 1 of this paragraph (g). For
engines in which no failure or deterioration of the EGR system that
causes an increase in flow could result in an engine's emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when the system has reached its control limits
such that it cannot reduce EGR flow to achieve the commanded flow rate.
    (C) EGR slow response. The OBD system must detect a malfunction of
the EGR system prior to any failure or deterioration in the capability
of the EGR system to achieve the commanded flow rate within a
manufacturer-specified time that would cause an engine's emissions to
exceed the emissions thresholds for ``other monitors'' as shown in
Table 1 of this paragraph (g). The OBD system must monitor both the
capability of the EGR system to respond to a commanded increase in flow
and the capability of the EGR system to respond to a commanded decrease
in flow.
    (D) EGR system feedback control. See paragraph (i)(6) of this section.
    (E) EGR cooler performance. The OBD system must detect a
malfunction of the EGR cooler prior to a reduction from the
manufacturer's specified cooling performance that would cause an
engine's emissions to exceed the emissions thresholds for ``other
monitors'' as shown in Table 1 of this paragraph (g). For engines in
which no failure or deterioration of the EGR cooler could result in an
engine's emissions exceeding the applicable emissions thresholds, the
OBD system must detect a malfunction when the system has no detectable
amount of EGR cooling.
    (iii) EGR system monitoring conditions.
    (A) The OBD system must monitor continuously for malfunctions
identified in paragraphs (g)(3)(ii)(A), (g)(3)(ii)(B), and
(g)(3)(ii)(D) of this section.
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (g)(3)(ii)(C) of this section in
accordance with paragraphs (c) and (d) of this section, with the
exception that monitoring must occur every time the monitoring
conditions are met during the drive cycle rather than once per drive
cycle as required in paragraph (c)(2) of this section. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(g)(3)(ii)(C) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (g)(3)(ii)(E) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(g)(3)(ii)(E) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (D) The manufacturer may request Administrator approval to disable
temporarily the EGR system monitor(s) under specific ambient conditions
(e.g., when freezing may affect performance of the system) or during
specific operating conditions (e.g., transients, extreme low or high
flow conditions). The manufacturer must be able to demonstrate via data
or engineering analysis that a reliable system monitor cannot be run
when these conditions exist because it cannot robustly distinguish
between a malfunctioning system and a properly operating system. The
manufacturer is still required to maintain comprehensive component
monitoring as required in paragraph (i)(3) of this section.
    (iv) EGR system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (4) Turbo boost control system monitoring.
    (i) General. The OBD system must monitor the boost pressure control
system (e.g., turbocharger) on engines so

[[Page 8379]]

equipped for under and over boost malfunctions. For engines equipped
with variable geometry turbochargers (VGT), the OBD system must monitor
the VGT system for slow response malfunctions. For engines equipped
with charge air cooler systems, the OBD system must monitor the charge
air cooler system for cooling system performance malfunctions. The
individual electronic components (e.g., actuators, valves, sensors)
that are used in the boost pressure control system must be monitored in
accordance with the comprehensive component requirements in paragraph
(i)(3) of this section.
    (ii) Turbo boost control system malfunction criteria.
    (A) Turbo underboost. The OBD system must detect a malfunction of
the boost pressure control system prior to a decrease from the
manufacturer's commanded boost pressure, or expected boost pressure on
engines not equipped with a boost pressure control system, that would
cause an engine's emissions to exceed the emissions thresholds for
``other monitors'' as shown in Table 1 of this paragraph (g). For
engines in which no failure or deterioration of the boost pressure
control system that causes a decrease in boost could result in an
engine's emissions exceeding the applicable emissions thresholds, the
OBD system must detect a malfunction when the system has reached its
control limits such that it cannot increase boost to achieve the
commanded boost pressure.
    (B) Turbo overboost. The OBD system must detect a malfunction of
the boost pressure control system on engines so equipped prior to an
increase from the manufacturer's commanded boost pressure that would
cause an engine's emissions to exceed the emissions thresholds for
``other monitors'' as shown in Table 1 of this paragraph (g). For
engines in which no failure or deterioration of the boost pressure
control system that causes an increase in boost could result in an
engine's emissions exceeding the applicable emissions thresholds, the
OBD system must detect a malfunction when the system has reached its
control limits such that it cannot decrease boost to achieve the
commanded boost pressure.
    (C) VGT slow response. The OBD system must detect a malfunction
prior to any failure or deterioration in the capability of the VGT
system on engines so equipped to achieve the commanded turbocharger
geometry within a manufacturer-specified time that would cause an
engine's emissions to exceed the emissions thresholds for ``other
monitors'' as shown in Table 1 of this paragraph (g). For engines in
which no failure or deterioration of the VGT system response could
result in an engine's emissions exceeding the applicable emissions
thresholds, the OBD system must detect a malfunction of the VGT system
when proper functional response of the system to computer commands does
not occur.
    (D) Turbo boost feedback control. See paragraph (i)(6)of this section.
    (E) Charge air undercooling. The OBD system must detect a
malfunction of the charge air cooling system prior to a decrease from
the manufacturer's specified cooling rate that would cause an engine's
emissions to exceed the emissions thresholds for ``other monitors'' as
shown in Table 1 of this paragraph (g). For engines in which no failure
or deterioration of the charge air cooling system that causes a
decrease in cooling performance could result in an engine's emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when the system has no detectable amount of charge
air cooling.
    (iii) Turbo boost monitoring conditions.
    (A) The OBD system must monitor continuously for malfunctions
identified in paragraphs (g)(4)(ii)(A), (g)(4)(ii)(B), and
(g)(4)(ii)(D) of this section.
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (g)(4)(ii)(C) of this section in
accordance with paragraphs (c) and (d) of this section, with the
exception that monitoring must occur every time the monitoring
conditions are met during the drive cycle rather than once per drive
cycle as required in paragraph (c)(2) of this section. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(g)(4)(ii)(C) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (g)(4)(ii)(E) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(g)(4)(ii)(E) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (D) The manufacturer may request Administrator approval to disable
temporarily the turbo boost system monitor(s) during specific operating
conditions (e.g., transients, extreme low or high flow conditions). The
manufacturer must be able to demonstrate via data or engineering
analysis that a reliable system monitor cannot be run when these
conditions exist because it cannot robustly distinguish between a
malfunctioning system and a properly operating system. The manufacturer
is still required to maintain comprehensive component monitoring as
required in paragraph (i)(3) of this section.
    (iv) Turbo boost system MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (5) NMHC converting catalyst monitoring.
    (i) General. The OBD system must monitor the NMHC converting
catalyst(s) for proper NMHC conversion capability. For purposes of this
paragraph (g)(5), each catalyst that converts NMHC must be monitored
either individually or in combination with others. For purposes of this
paragraph (g)(5), NMHC conversion that may occur over the DPF or other
aftertreatment devices is not included.
    (ii) NMHC converting catalyst malfunction criteria.
    (A) NMHC converting catalyst conversion efficiency. The OBD system
must detect a malfunction when the catalyst has no detectable amount of
NMHC conversion capability.
    (B) NMHC converting catalyst aftertreatment assistance functions.
For catalysts used to generate an exotherm to assist DPF regeneration,
the OBD system must detect a malfunction when the catalyst is unable to
generate a sufficient exotherm to achieve DPF regeneration. In meeting
this requirement, the OBD system must detect a malfunction when the DOC
is unable to generate a temperature rise of 100 degrees C, or to reach
the necessary DPF regeneration temperature, within 60 seconds of
initiating an active DPF regeneration. Further, the OBD system must
detect a malfunction when the DOC is unable to sustain the necessary
regeneration temperature for the duration of the regeneration event.
The OBD or control system must abort the regeneration if the
regeneration temperature has not been reached within five minutes of
initiating an active regeneration event, or if the regeneration
temperature cannot be sustained for the duration of the regeneration
event. As an alternative to these specific malfunction criteria, the
manufacturer may employ different criteria. To do so, the manufacturer

[[Page 8380]]

must submit a description with supporting data, subject to
Administrator approval, of their DPF regeneration monitoring strategy.
The Administrator will consider the strategy's equivalence to the
specific criteria stated in this paragraph when considering the
request. Also as an alternative to these specific malfunction criteria,
the manufacturer may employ an OBD monitor that detects a catalyst
malfunction when the catalyst conversion capability decreases to the
point that NMHC emissions exceed 2.5 times the applicable NMHC emission
standard but must adjust emission test results pursuant to paragraph
(f)(2) of this section. For catalysts located downstream of a DPF and
used to convert NMHC emissions during DPF regeneration, the OBD system
must detect a malfunction when the catalyst has no detectable amount of
NMHC conversion capability unless the manufacturer can demonstrate that
deterioration or malfunction of the catalyst will not result in
emissions that exceed the applicable NMHC standard.
    (iii) NMHC converting catalyst monitoring conditions. The
manufacturer must define the monitoring conditions for malfunctions
identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this
section in accordance with paragraphs (c) and (d) of this section. For
purposes of tracking and reporting as required in paragraph (d)(1) of
this section, all monitors used to detect malfunctions identified in
paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this section must be
tracked separately but reported as a single set of values as specified
in paragraph (e)(1)(iii) of this section.
    (iv) NMHC converting catalyst MIL activation and DTC storage. The
MIL must activate and DTCs must be stored according to the provisions
of paragraph (b) of this section. The monitoring method for the NMHC
converting catalyst(s) must be capable of detecting all instances,
except diagnostic self-clearing, when a catalyst DTC has been erased
but the catalyst has not been replaced (e.g., catalyst over-temperature
histogram approaches are not acceptable).
    (6) Selective catalytic reduction (SCR) and lean NO_X
catalyst monitoring.
    (i) General. The OBD system must monitor the SCR and/or the lean
NO_X converting catalyst(s) for proper conversion capability.
For engines equipped with SCR systems or other catalyst systems that
use an active/intrusive reductant injection (e.g., active lean
NO_X catalysts that use diesel fuel post-injection or in-
exhaust injection), the OBD system must monitor the active/intrusive
reductant injection system for proper performance. The individual
electronic components (e.g., actuators, valves, sensors, heaters,
pumps) in the active/intrusive reductant injection system must be
monitored in accordance with the comprehensive component requirements
in paragraph (i)(3) of this section. For purposes of this paragraph
(g)(6), each catalyst that converts NO_X must be monitored
either individually or in combination with others.
    (ii) SCR and lean NO_X catalyst malfunction criteria.
    (A) SCR and lean NO_X catalyst conversion efficiency. The
OBD system must detect a catalyst malfunction when the catalyst
conversion capability decreases to the point that would cause an
engine's emissions to exceed the emissions thresholds for
NO_X aftertreatment systems as shown in Table 1 of this
paragraph (g). If no failure or deterioration of the catalyst
NO_X conversion capability could result in an engine's
emissions exceeding any of the applicable emissions thresholds, the OBD
system must detect a malfunction when the catalyst has no detectable
amount of NO_X conversion capability.
    (B) SCR and lean NO_X catalyst active/intrusive reductant
delivery performance. The OBD system must detect a malfunction prior to
any failure or deterioration of the system to properly regulate
reductant delivery (e.g., urea injection, separate injector fuel
injection, post injection of fuel, air assisted injection/mixing) that
would cause an engine's emissions to exceed any of the applicable
emissions thresholds for NO_X aftertreatment systems as shown
in Table 1 of this paragraph (g). If no failure or deterioration of the
reductant delivery system could result in an engine's emissions
exceeding any of the applicable thresholds, the OBD system must detect
a malfunction when the system has reached its control limits such that
it is no longer able to deliver the desired quantity of reductant.
    (C) SCR and lean NO_X catalyst active/intrusive reductant
quantity. If the SCR or lean NO_X catalyst system uses a
reductant other than the fuel used for the engine, or uses a reservoir/
tank for the reductant that is separate from the fuel tank used for the
engine, the OBD system must detect a malfunction when there is no
longer sufficient reductant available (e.g., the reductant tank is empty).
    (D) SCR and lean NO_X catalyst active/intrusive reductant
quality. If the SCR or lean NO_X catalyst system uses a
reservoir/tank for the reductant that is separate from the fuel tank
used for the engine, the OBD system must detect a malfunction when an
improper reductant is used in the reductant reservoir/tank (e.g., the
reductant tank is filled with something other than the reductant).
    (E) SCR and lean NO_X catalyst active/intrusive reductant
feedback control. See paragraph (i)(6) of this section.
    (iii) SCR and lean NO_X catalyst monitoring conditions.
    (A) The manufacturers must define the monitoring conditions for
malfunctions identified in paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(D)
of this section in accordance with paragraphs (c) and (d) of this
section. For purposes of tracking and reporting as required in
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraph (g)(6)(ii)(A) of this section must
be tracked separately but reported as a single set of values as
specified in paragraph (e)(1)(iii) of this section.
    (B) The OBD system must monitor continuously for malfunctions
identified in paragraphs (g)(6)(ii)(B), (g)(6)(ii)(C), and
(g)(6)(ii)(E) of this section.
    (iv) SCR and lean NO_X catalyst MIL activation and DTC storage.
    (A) For malfunctions identified in paragraph (g)(6)(ii)(A) of this
section, the MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (B) For malfunctions identified in paragraphs (g)(6)(ii)(B),
(g)(6)(ii)(C), and (g)(6)(ii)(D) of this section, the manufacturer may
delay activating the MIL if the vehicle is equipped with an alternative
indicator for notifying the vehicle operator of the malfunction. The
alternative indicator must be of sufficient illumination and be located
such that it is readily visible to the vehicle operator under all
lighting conditions. If the vehicle is not equipped with such an
alternative indicator and the OBD MIL activates, the MIL may be
immediately deactivated and the corresponding DTC(s) erased once the
OBD system has verified that the reductant tank has been refilled
properly and the MIL has not been activated for any other malfunction.
The Administrator may approve other strategies that provide equivalent
assurance that a vehicle operator would be promptly notified and that
corrective action would be taken.
    (C) The monitoring method for the SCR and lean NO_X
catalyst(s) must be capable of detecting all instances, except
diagnostic self-clearing, when a catalyst DTC(s) has been erased but the

[[Page 8381]]

catalyst has not been replaced (e.g., catalyst over-temperature
histogram approaches are not acceptable).
    (7) NO_X adsorber system monitoring.
    (i) General. The OBD system must monitor the NO_X
adsorber on engines so-equipped for proper performance. For engines
equipped with active/intrusive injection (e.g., in-exhaust fuel and/or
air injection) to achieve desorption of the NO_X adsorber,
the OBD system must monitor the active/intrusive injection system for
proper performance. The individual electronic components (e.g.,
injectors, valves, sensors) that are used in the active/intrusive
injection system must be monitored in accordance with the comprehensive
component requirements in paragraph (i)(3) of this section.
    (ii) NO_X adsorber system malfunction criteria.
    (A) NO_X adsorber system capability. The OBD system must
detect a NO_X adsorber malfunction when its capability (i.e.,
its combined adsorption and conversion capability) decreases to the
point that would cause an engine's NO_X emissions to exceed
the emissions thresholds for NO_X aftertreatment systems as
shown in Table 1 of this paragraph (g). If no failure or deterioration
of the NO_X adsorber capability could result in an engine's
NO_X emissions exceeding the applicable emissions thresholds,
the OBD system must detect a malfunction when the system has no
detectable amount of NO_X adsorber capability.
    (B) NO_X adsorber system active/intrusive reductant
delivery performance. For NO_X adsorber systems that use
active/intrusive injection (e.g., in-cylinder post fuel injection, in-
exhaust air-assisted fuel injection) to achieve desorption of the
NO_X adsorber, the OBD system must detect a malfunction if
any failure or deterioration of the injection system's ability to
properly regulate injection causes the system to be unable to achieve
desorption of the NO_X adsorber.
    (C) NO_X adsorber system feedback control. Malfunction
criteria for the NO_X adsorber and the NO_X
adsorber active/instrusive reductant delivery system are contained in
paragraph (i)(6) of this section.
    (iii) NO_X adsorber system monitoring conditions.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (g)(7)(ii)(A) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(g)(7)(ii)(A) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (B) The OBD system must monitor continuously for malfunctions
identified in paragraphs (g)(7)(ii)(B) and (g)(7)(ii)(C) of this section.
    (iv) NO_X adsorber system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (8) Diesel particulate filter (DPF) system monitoring.
    (i) General. The OBD system must monitor the DPF on engines so-
equipped for proper performance. For engines equipped with active
regeneration systems that use an active/intrusive injection (e.g., in-
exhaust fuel injection, in-exhaust fuel/air burner), the OBD system
must monitor the active/intrusive injection system for proper
performance. The individual electronic components (e.g., injectors,
valves, sensors) that are used in the active/intrusive injection system
must be monitored in accordance with the comprehensive component
requirements in paragraph (i)(3) of this section.
    (ii) DPF system malfunction criteria.
    (A) DPF filtering performance. The OBD system must detect a
malfunction prior to a decrease in the PM filtering capability of the
DPF (e.g., cracking, melting, etc.) that would cause an engine's PM
emissions to exceed the emissions thresholds for DPF systems as shown
in Table 1 of this paragraph (g). If no failure or deterioration of the
PM filtering performance could result in an engine's PM emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when no detectable amount of PM filtering occurs.
As an alternative to a threshold monitor, the OBD system, on model year
2010 through 2012 engines only, can be designed to detect a malfunction
based on a detectable decrease in the expected pressure drop across the
DPF for a period of 5 seconds or more. The monitoring area for this
alternative is determined using engine speed and load points defined in
test cycles and procedures for the supplemental emissions test (SET)
under Sec.  86.1360-2007. The monitoring area shall include all engine
speed and load points greater than a region bounded by a line
connecting mode numbers 2, 6, 3, and 13 (i.e. A100, A75, B50, and C50).
At engine speeds greater than ``speed C'', the monitor shall run
whenever engine load is greater than 50%. For purposes of this
paragraph, the detectable change in pressure drop is determined by
operating the engine at the B50 engine speed and load point (as
described in the SET test procedures), observing the pressure drop on a
clean, nominal DPF, and multiplying the observed pressure drop by 0.5
or other factor supported by data and approved by the Administrator.
The detectable change in pressure drop shall be reported in units of
kilopascals (kPa). At time of certification, manufacturers shall
provide the detectable change in pressure drop value along with OBD
data stream parameters recorded with a clean DPF under the following
nine engine speed/load operating points of the SET: A50, A75, A100,
B50, B75, B100, C50, C75, and C100. The OBD data stream pararmeters to
be reported are described in (k)(4)(ii) of this section and shall
include the following: Engine speed; calculated load; air flow rate
from mass air flow sensor (if so equipped); fuel rate; and DPF delta pressure.
    (B) DPF regeneration frequency. The OBD system must detect a
malfunction when the DPF regeneration frequency increases from (i.e.,
occurs more often than) the manufacturer's specified regeneration
frequency to a level such that it would cause an engine's NMHC
emissions to exceed the emissions threshold for DPF systems as shown in
Table 1 of this paragraph (g). If no such regeneration frequency exists
that could cause NMHC emissions to exceed the applicable emission
threshold, the OBD system must detect a malfunction when the DPF
regeneration frequency exceeds the manufacturer's specified design
limits for allowable regeneration frequency.
    (C) DPF incomplete regeneration. The OBD system must detect a
regeneration malfunction when the DPF does not properly regenerate under
manufacturer-defined conditions where regeneration is designed to occur.
    (D) DPF missing substrate. The OBD system must detect a malfunction
if either the DPF substrate is completely destroyed, removed, or
missing, or if the DPF assembly has been replaced with a muffler or
straight pipe.
    (E) DPF system active/intrusive injection. For DPF systems that use
active/intrusive injection (e.g., in-cylinder post fuel injection, in-
exhaust air-assisted fuel injection) to achieve regeneration of the
DPF, the OBD system must detect a malfunction if any failure or
deterioration of the injection system's ability to properly regulate
injection causes the system to be unable to achieve regeneration of the DPF.

[[Page 8382]]

    (F) DPF regeneration feedback control. See paragraph (i)(6) of this
section.
    (iii) DPF monitoring conditions. The manufacturer must define the
monitoring conditions for malfunctions identified in paragraph
(g)(8)(ii) of this section in accordance with paragraphs (c) and (d) of
this section, with the exception that monitoring must occur every time
the monitoring conditions are met during the drive cycle rather than
once per drive cycle as required in paragraph (c)(2) of this section.
For OBD systems designed to the alternative malfunction criteria of
paragraph (g)(8)(ii)(A) of this section, the alternative DPF monitor
shall run continuously whenever engine speed and load conditions are
within the monitoring area described in paragraph (g)(8)(ii)(A). The
OBD system may make a malfunction or potential malfunction
determination during any successful monitoring event but shall include
in the enable criteria of any subsequent monitoring events a confirmed
successful and complete DPF regeneration. The subsequent monitoring
events must be conducted within an operating period that ensures that
the detected malfunction has not ``healed'' due to trapped particulates
in the compromised portion of the DPF substrate. For purposes of
tracking and reporting as required in paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(g)(8)(ii) of this section must be tracked separately but reported as a
single set of values as specified in paragraph (e)(1)(iii) of this section.
    (iv)DPF system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (9) Exhaust gas sensor and sensor heater monitoring.
    (i) General. The OBD system must monitor for proper output signal,
activity, response rate, and any other parameter that can affect
emissions, all exhaust gas sensors (e.g., oxygen, air-fuel ratio,
NO_X) used for emission control system feedback (e.g., EGR
control/feedback, SCR control/feedback, NO_X adsorber
control/feedback) and/or as a monitoring device. For engines equipped
with heated exhaust gas sensors, the OBD system must monitor the heater
for proper performance.
    (ii) Malfunction criteria for air-fuel ratio sensors located
upstream of aftertreatment devices.
    (A)Sensor performance. The OBD system must detect a malfunction
prior to any failure or deterioration of the sensor voltage,
resistance, impedance, current, response rate, amplitude, offset, or
other characteristic(s) that would cause an engine's emissions to
exceed the emissions thresholds for ``other monitors'' as shown in
Table 1 of this paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of
the sensor if the emission control system (e.g., EGR, SCR, or
NO_X adsorber) is unable to use that sensor as a feedback
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system
must detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst, EGR, SCR, or NO_X
adsorber monitoring).
    (iii) Malfunction criteria for air-fuel ratio sensors located
downstream of aftertreatment devices.
    (A) Sensor performance. The OBD system must detect a malfunction
prior to any failure or deterioration of the sensor voltage,
resistance, impedance, current, response rate, amplitude, offset, or
other characteristic(s) that would cause an engine's emissions to
exceed the emissions thresholds for air-fuel ratio sensors downstream
of aftertreatment devices as shown in Table 1 of this paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of
the sensor if the emission control system (e.g., EGR, SCR, or
NO_X absorber) is unable to use that sensor as a feedback
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system
must detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst, EGR, SCR, or NO_X
absorber monitoring).
    (iv) Malfunction criteria for NO_X sensors.
    (A) Sensor performance. The OBD system must detect a malfunction
prior to any failure or deterioration of the sensor voltage,
resistance, impedance, current, response rate, amplitude, offset, or
other characteristic(s) that would cause an engine's emissions to
exceed the emissions thresholds for NO_X sensors as shown in
Table 1 of this paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of
the sensor if the emission control system (e.g., EGR, SCR, or
NO_X adsorber) is unable to use that sensor as a feedback
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system
must detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst, EGR, SCR, or NO_X
adsorber monitoring).
    (v) Malfunction criteria for other exhaust gas sensors. For other
exhaust gas sensors, the manufacturer must submit a monitoring plan to
the Administrator for approval. The plan must include data and/or
engineering evaluations that demonstrate that the monitoring plan is as
reliable and effective as the monitoring required in paragraphs
(g)(9)(ii), (g)(9)(iii), (g)(9)(iv) of this section.
    (vi) Malfunction criteria for exhaust gas sensor heaters.
    (A) The OBD system must detect a malfunction of the heater
performance when the current or voltage drop in the heater circuit is
no longer within the manufacturer's specified limits for normal
operation (i.e., within the criteria required to be met by the
component vendor for heater circuit performance at high mileage). The
manufacturer may use other malfunction criteria for heater performance
malfunctions. To do so, the manufacturer must be able to demonstrate
via data and/or an engineering evaluation that the monitor is reliable
and robust.
    (B) The OBD system must detect malfunctions of the heater circuit
including open or short circuits that conflict with the commanded state
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)).
    (vii) Monitoring conditions for exhaust gas sensors.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A),
and (g)(9)(iv)(A) of this section (i.e., sensor performance) in
accordance with paragraphs (c) and (d)

[[Page 8383]]

of this section. For purposes of tracking and reporting as required in
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A),
and (g)(9)(iv)(A) of this section must be tracked separately but
reported as a single set of values as specified in paragraph
(e)(1)(iii) of this section.
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraphs (g)(9)(ii)(D), (g)(9)(iii)(D),
and (g)(9)(iv)(D) of this section (i.e., monitoring function) in
accordance with paragraphs (c) and (d) of this section with the
exception that monitoring must occur every time the monitoring
conditions are met during the drive cycle rather than once per drive
cycle as required in paragraph (c)(2) of this section.
    (C) Except as provided for in paragraph (g)(9)(vii)(D) of this
section, the OBD system must monitor continuously for malfunctions
identified in paragraphs (g)(9)(ii)(B), (g)(9)(ii)(C), (g)(9)(iii)(B),
(g)(9)(iii)(C), (g)(9)(iv)(B), (g)(9)(iv)(C) of this section (i.e.,
circuit integrity and feedback function).
    (D) A manufacturer may request approval to disable continuous
exhaust gas sensor monitoring when an exhaust gas sensor malfunction
cannot be distinguished from other effects (e.g., disable monitoring
for out-of-range on the low side during fuel cut conditions). To do so,
the manufacturer must demonstrate via data and/or engineering analyses
that a properly functioning sensor cannot be distinguished from a
malfunctioning sensor and that the disablement interval is limited only
to that necessary for avoiding false malfunction detection.
    (viii) Monitoring conditions for exhaust gas sensor heaters.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (g)(9)(vi)(A) of this section
(i.e., sensor heater performance) in accordance with paragraphs (c) and
(d) of this section.
    (B) The OBD system must monitor continuously for malfunctions
identified in paragraph (g)(9)(vi)(B) of this section (i.e., circuit
malfunctions).
    (ix) Exhaust gas sensor and sensor heater MIL activation and DTC
storage. The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (10) Variable Valve Timing (VVT) system monitoring.
    (i) General. The OBD system must monitor the VVT system on engines
so equipped for target error and slow response malfunctions. The
individual electronic components (e.g., actuators, valves, sensors)
that are used in the VVT system must be monitored in accordance with
the comprehensive components requirements in paragraph (i)(3) of this
section.
    (ii) VVT system malfunction criteria.
    (A) VVT system target error. The OBD system must detect a
malfunction prior to any failure or deterioration in the capability of
the VVT system to achieve the commanded valve timing and/or control
within a crank angle and/or lift tolerance that would cause an engine's
emissions to exceed the emission thresholds for ``other monitors'' as
shown in Table 1 of this paragraph (g).
    (B) VVT slow response. The OBD system must detect a malfunction
prior to any failure or deterioration in the capability of the VVT
system to achieve the commanded valve timing and/or control within a
manufacturer-specified time that would cause an engine's emissions to
exceed the emission thresholds for ``other monitors'' as shown in Table
1 of this paragraph (g).
    (C) For engines in which no failure or deterioration of the VVT
system could result in an engine's emissions exceeding the applicable
emissions thresholds of paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of
this section, the OBD system must detect a malfunction of the VVT
system when proper functional response of the system to computer
commands does not occur.
    (iii) VVT system monitoring conditions. Manufacturers must define
the monitoring conditions for VVT system malfunctions identified in
paragraph (g)(10)(ii) of this section in accordance with paragraphs (c)
and (d) of this section, with the exception that monitoring must occur
every time the monitoring conditions are met during the drive cycle
rather than once per drive cycle as required in paragraph (c)(2) of
this section. For purposes of tracking and reporting as required in
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraph (g)(10)(ii) of this section must
be tracked separately but reported as a single set of values as
specified in paragraph (e)(1)(iii) of this section.
    (iv) VVT MIL activation and DTC storage. The MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (h) OBD monitoring requirements for gasoline-fueled/spark-ignition
engines. The following table shows the thresholds at which point
certain components or systems, as specified in this paragraph (h), are
considered malfunctioning.

Table 2--OBD Emissions Thresholds for Gasoline-Fueled/Spark-Ignition Engines Meant for Placement in Applications
                                   Greater Than 14,000 Pounds GVWR (g/bhp-hr)
----------------------------------------------------------------------------------------------------------------
                                                                                               Sec.   86.010-18
            Component                     NOX                NMHC                 CO               reference
----------------------------------------------------------------------------------------------------------------
Catalyst system.................  1.75x std.........  1.75x std.........  ..................  (h)(6)
Evaporative emissions control     ..................  0.150 inch leak...  ..................  (h)(7)
 system.
``Other monitors'' with           1.5x std..........  1.5x std..........  1.5x std..........  (h)(1), (h)(2),
 emissions thresholds.                                                                         (h)(3), (h)(4),
                                                                                               (h)(5), (h)(8),
                                                                                               (h)(9)
----------------------------------------------------------------------------------------------------------------
Notes: 1.75x std means a multiple of 1.75 times the applicable emissions standard; these emissions thresholds
  apply to the monitoring requirements of paragraph (h) of this section; The evaporative emissions control
  system threshold is not, technically, an emissions threshold but rather a leak size that must be detected;
  nonetheless, for ease we refer to this as the threshold.

    (1) Fuel system monitoring.
    (i) General. The OBD system must monitor the fuel delivery system
to determine its ability to provide compliance with emission standards.
    (ii) Fuel system malfunction criteria.
    (A) The OBD system must detect a malfunction of the fuel delivery
system (including feedback control based on a secondary oxygen sensor)
when the fuel delivery system is unable to maintain an engine's
emissions at or below the emissions thresholds for ``other monitors''
as shown in Table 2 of this paragraph (h).
    (B) Except as provided for in paragraph (h)(1)(ii)(C) of this
section, if the engine is equipped with adaptive

[[Page 8384]]

feedback control, the OBD system must detect a malfunction when the
adaptive feedback control has used up all of the adjustment allowed by
the manufacturer.
    (C) If the engine is equipped with feedback control that is based
on a secondary oxygen (or equivalent) sensor, the OBD system is not
required to detect a malfunction of the fuel system solely when the
feedback control based on a secondary oxygen sensor has used up all of
the adjustment allowed by the manufacturer. However, if a failure or
deterioration results in engine emissions that exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph
(h), the OBD system is required to detect a malfunction.
    (D) The OBD system must detect a malfunction whenever the fuel
control system fails to enter closed loop operation following engine
start within a manufacturer specified time interval. The specified time
interval must be supported by data and/or engineering analyses
submitted by the manufacturer.
    (E) The manufacturer may adjust the malfunction criteria and/or
monitoring conditions to compensate for changes in altitude, for
temporary introduction of large amounts of purge vapor, or for other
similar identifiable operating conditions when such conditions occur.
    (iii) Fuel system monitoring conditions. The fuel system must be
monitored continuously for the presence of a malfunction.
    (iv) Fuel system MIL activation and DTC storage.
    (A) A pending DTC must be stored immediately upon the fuel system
exceeding the malfunction criteria established in paragraph (h)(1)(ii)
of this section.
    (B) Except as provided for in paragraph (h)(1)(iv)(C) of this
section, if a pending DTC is stored, the OBD system must activate the
MIL immediately and store a MIL-on DTC if a malfunction is again
detected during either the drive cycle immediately following storage of
the pending DTC regardless of the conditions encountered during that
drive cycle, or on the next drive cycle in which similar conditions are
encountered to those that occurred when the pending DTC was stored.
Similar conditions means engine conditions having an engine speed
within 375 rpm, load conditions within 20 percent, and the same warm-up
status (i.e., cold or hot) as the engine conditions stored pursuant to
paragraph (h)(1)(iv)(E) of this section. Other definitions of similar
conditions may be used but must result in comparable timeliness and
reliability in detecting similar engine operation.
    (C) The pending DTC may be erased at the end of the next drive
cycle in which similar conditions have been encountered without having
again exceeded the specified fuel system malfunction criteria. The
pending DTC may also be erased if similar conditions are not
encountered during the 80 drive cycles immediately following detection
of the potential malfunction for which the pending DTC was stored.
    (D) Storage of freeze frame conditions. The OBD system must store
and erase freeze frame conditions either in conjunction with storing
and erasing a pending DTC or in conjunction with storing and erasing a
MIL-on DTC. Freeze frame information associated with a fuel system
malfunction shall be stored in preference to freeze frame information
required elsewhere in paragraphs (h) or (i) of this section.
    (E) Storage of fuel system conditions for determining similar
conditions of operation. The OBD must store the engine speed, load, and
warm-up status present at the time it first detects a potential
malfunction meeting the criteria of paragraph (h)(1)(ii) of this
section and stores a pending DTC.
    (F) Deactivating the MIL. The MIL may be extinguished after three
sequential driving cycles in which similar conditions have been
encountered without detecting a malfunction of the fuel system.
    (2) Engine misfire monitoring.
    (i) General.
    (A) The OBD system must monitor the engine for misfire causing
catalyst damage and misfire causing excess emissions.
    (B) The OBD system must identify the specific cylinder that is
misfiring. The manufacturer may store a general misfire DTC instead of
a cylinder specific DTC under certain operating conditions. To do so,
the manufacturer must submit data and/or engineering analyses that
demonstrate that the misfiring cylinder cannot be identified reliably
when the conditions occur.
    (C) If more than one cylinder is misfiring, a separate DTC must be
stored to indicate that multiple cylinders are misfiring unless
otherwise allowed by this paragraph (h)(2). When identifying multiple
cylinder misfire, the OBD system is not required to also identify using
separate DTCs each of the misfiring cylinders individually. If more
than 90 percent of the detected misfires occur in a single cylinder, an
appropriate DTC may be stored that indicates the specific misfiring
cylinder rather than storing the multiple cylinder misfire DTC. If two
or more cylinders individually have more than 10 percent of the total
number of detected misfires, a multiple cylinder DTC must be stored.
    (ii) Engine misfire malfunction criteria.
    (A) Misfire causing catalyst damage. The manufacturer must
determine the percentage of misfire evaluated in 200 revolution
increments for each engine speed and load condition that would result
in a temperature that causes catalyst damage. If this percentage of
misfire is exceeded, it shall be considered a malfunction that must be
detected. For every engine speed and load condition for which this
percentage of misfire is determined to be lower than five percent, the
manufacturer may set the malfunction criteria at five percent. The
manufacturer may use a longer interval than 200 revolutions but only
for determining, on a given drive cycle, the first misfire exceedance
as provided in paragraph (h)(2)(iv)(A) of this section. To do so, the
manufacturer must demonstrate that the interval is not so long that
catalyst damage would occur prior to the interval being elapsed.
    (B) Misfire causing emissions to exceed the applicable thresholds.
The manufacturer must determine the percentage of misfire evaluated in
1000 revolution increments that would cause emissions from an emissions
durability demonstration engine to exceed the emissions thresholds for
``other monitors'' as shown in Table 2 of this paragraph (h) if that
percentage of misfire were present from the beginning of the test. If
this percentage of misfire is exceeded, regardless of the pattern of
misfire events (e.g., random, equally spaced, continuous), it shall be
considered a malfunction that must be detected. To establish this
percentage of misfire, the manufacturer must use misfire events
occurring at equally spaced, complete engine cycle intervals, across
randomly selected cylinders throughout each 1000-revolution increment.
If this percentage of misfire is determined to be lower than one
percent, the manufacturer may set the malfunction criteria at one
percent. The manufacturer may use a longer interval than 1000
revolutions. To do so, the manufacturer must demonstrate that the
strategy would be equally effective and timely at detecting misfire.
    (iii) Engine misfire monitoring conditions.
    (A) The OBD system must monitor continuously for misfire under the
following conditions: from no later than the end of the second
crankshaft revolution after engine start; during the rise time and
settling time for engine speed to reach the desired idle engine speed
at engine start-up (i.e., ``flare-up''

[[Page 8385]]

and ``flare-down''); and, under all positive torque engine speeds and
load conditions except within the engine operating region bound by the
positive torque line (i.e., engine load with the transmission in
neutral), and the points represented by an engine speed of 3000 rpm
with the engine load at the positive torque line and the redline engine
speed with the engine's manifold vacuum at four inches of mercury lower
than that at the positive torque line. For this purpose, redline engine
speed is defined as either the recommended maximum engine speed as
displayed on the instrument panel tachometer, or the engine speed at
which fuel shutoff occurs.
    (B) If an OBD monitor cannot detect all misfire patterns under all
required engine speed and load conditions as required by paragraph
(h)(2)(iii)(A) of this section, the OBD system may still be acceptable.
The Administrator will evaluate the following factors in making a
determination: The magnitude of the region(s) in which misfire
detection is limited; the degree to which misfire detection is limited
in the region(s) (i.e., the probability of detection of misfire
events); the frequency with which said region(s) are expected to be
encountered in-use; the type of misfire patterns for which misfire
detection is troublesome; and demonstration that the monitoring
technology employed is not inherently incapable of detecting misfire
under the required conditions (i.e., compliance can be achieved on
other engines). The evaluation will be based on the following misfire
patterns: equally spaced misfire occurring on randomly selected
cylinders; single cylinder continuous misfire; and paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
    (C) The manufacturer may use monitoring system that has reduced
misfire detection capability during the portion of the first 1000
revolutions after engine start that a cold start emission reduction
strategy is active that reduces engine torque (e.g., spark retard
strategies). To do so, the manufacturer must demonstrate that the
probability of detection is greater than or equal to 75 percent during
the worst case condition (i.e., lowest generated torque) for a vehicle
operated continuously at idle (park/neutral idle) on a cold start
between 50 and 86 degrees Fahrenheit and that the technology cannot
reliably detect a higher percentage of the misfire events during the
conditions.
    (D) The manufacturer may disable misfire monitoring or use an
alternative malfunction criterion when misfire cannot be distinguished
from other effects. To do so, the manufacturer must demonstrate that
the disablement interval or the period of use of an alternative
malfunction criterion is limited only to that necessary for avoiding
false detection and for one or more of the following operating
conditions: Rough road; fuel cut; gear changes for manual transmission
vehicles; traction control or other vehicle stability control
activation such as anti-lock braking or other engine torque
modifications to enhance vehicle stability; off-board control or
intrusive activation of vehicle components or monitors during service
or assembly plant testing; portions of intrusive evaporative system or
EGR monitors that can significantly affect engine stability (i.e.,
while the purge valve is open during the vacuum pull-down of an
evaporative system leak check but not while the purge valve is closed
and the evaporative system is sealed or while an EGR monitor causes the
EGR valve to be cycled intrusively on and off during positive torque
conditions); or, engine speed, load, or torque transients due to
throttle movements more rapid than those that occur over the FTP cycle
for the worst case engine within each engine family. In general, the
Administrator will not approve disablement for conditions involving
normal air conditioning compressor cycling from on-to-off or off-to-on,
automatic transmission gear shifts (except for shifts occurring during
wide open throttle operation), transitions from idle to off-idle,
normal engine speed or load changes that occur during the engine speed
rise time and settling time (i.e., ``flare-up'' and ``flare-down'')
immediately after engine starting without any vehicle operator-induced
actions (e.g., throttle stabs), or excess acceleration (except for
acceleration rates that exceed the maximum acceleration rate obtainable
at wide open throttle while the vehicle is in gear due to abnormal
conditions such as slipping of a clutch). The Administrator may approve
misfire monitoring disablement or use of an alternate malfunction
criterion for any other condition on a case by case basis upon
determining that the manufacturer has demonstrated that the request is
based on an unusual or unforeseen circumstance and that it is applying
the best available computer and monitoring technology.
    (E) For engines with more than eight cylinders that cannot meet the
requirements of paragraph (h)(2)(iii)(A) of this section, a
manufacturer may use alternative misfire monitoring conditions. Such
use must be based on data and/or an engineering evaluation submitted by
the manufacturer that demonstrate that misfire detection throughout the
required operating region cannot be achieved when employing proven
monitoring technology (i.e., a technology that provides for compliance
with these requirements on other engines) and provided misfire is
detected to the fullest extent permitted by the technology. However,
the misfire detection system must still monitor during all positive
torque operating conditions encountered during an FTP cycle.
    (iv) MIL activation and DTC storage for engine misfire causing
catalyst damage.
    (A) Pending DTCs. A pending DTC must be stored immediately if,
during a single drive cycle, the specified misfire percentage described
in paragraph (h)(2)(ii)(A) of this section is exceeded three times when
operating in the positive torque region encountered during a FTP cycle
or is exceeded on a single occasion when operating at any other engine
speed and load condition in the positive torque region defined in
paragraph (h)(2)(iii)(A) of this section. Immediately after a pending
DTC is stored pursuant to this paragraph, the MIL must blink once per
second at all times during the drive cycle that engine misfire is
occurring. The MIL may be deactivated during those times that misfire
is not occurring. If, at the time that a catalyst damaging misfire
malfunction occurs, the MIL is already activated for a malfunction
other than misfire, the MIL must still blink once per second at all
times during the drive cycle that engine misfire is occurring. If
misfire ceases, the MIL must stop blinking but remain activated as
appropriate in accordance with the other malfunction.
    (B) MIL-on DTCs. If a pending DTC is stored in accordance with
paragraph (h)(2)(iv)(A) of this section, the OBD system must
immediately store a MIL-on DTC if the percentage of misfire described
in paragraph (h)(2)(ii)(A) of this section is again exceeded one or
more times during either the drive cycle immediately following storage
of the pending DTC, regardless of the conditions encountered during
that drive cycle, or on the next drive cycle in which similar
conditions are encountered to those that occurred when the pending DTC
was stored. If, during a previous drive cycle, a pending DTC is stored
in accordance with paragraph (h)(2)(iv)(A) of this section, a MIL-on
DTC must be stored immediately upon exceeding the percentage misfire
described in

[[Page 8386]]

paragraph (h)(2)(ii)(A) of this section regardless of the conditions
encountered. Upon storage of a MIL-on DTC, the MIL must blink once per
second at all times during the drive cycle that engine misfire is
occurring. If misfire ceases, the MIL must stop blinking but remain
activated until the conditions are met for extinguishing the MIL.
    (C) Erasure of pending DTCs. Pending DTCs stored in accordance with
paragraph (h)(2)(iv)(A) of this section must be erased at the end of
the next drive cycle in which similar conditions are encountered to
those that occurred when the pending DTC was stored provided no
exceedances have been detected of the misfire percentage described in
paragraph (h)(2)(ii)(A) of this section. The pending DTC may also be
erased if similar conditions are not encountered during the next 80
drive cycles immediately following storage of the pending DTC.
    (D) Exemptions for engines with fuel shutoff and default fuel
control. In engines that provide for fuel shutoff and default fuel
control to prevent over fueling during catalyst damaging misfire
conditions, the MIL need not blink as required by paragraphs
(h)(2)(iv)(A) and (h)(2)(iv)(B) of this section. Instead, the MIL may
be activated continuously upon misfire detection provided that the fuel
shutoff and default fuel control are activated immediately upon misfire
detection. Fuel shutoff and default fuel control may be deactivated
only when the engine is outside of the misfire range except that the
manufacturer may periodically, but not more than once every 30 seconds,
deactivate fuel shutoff and default fuel control to determine if the
catalyst damaging misfire is still occurring. Normal fueling and fuel
control may be resumed if the catalyst damaging misfire is no longer
occurring.
    (E) The manufacturer may use a strategy that activates the MIL
continuously rather than blinking the MIL during extreme catalyst
damage misfire conditions (i.e., catalyst damage misfire occurring at
all engine speeds and loads). Use of such a strategy must be limited to
catalyst damage misfire levels that cannot be avoided during reasonable
driving conditions. To use such a strategy, the manufacturer must be
able to demonstrate that the strategy will encourage operation of the
vehicle in conditions that will minimize catalyst damage (e.g., at low
engine speeds and loads).
    (v) MIL activation and DTC storage for engine misfire causing
emissions to exceed applicable emissions thresholds.
    (A) Immediately upon detection, during the first 1000 revolutions
after engine start of the misfire percentage described in paragraph
(h)(2)(ii)(B) of this section, a pending DTC must be stored. If such a
pending DTC is stored already and another such exceedance of the
misfire percentage is detected within the first 1000 revolutions after
engine start on any subsequent drive cycle, the MIL must activate and a
MIL-on DTC must be stored. The pending DTC may be erased if, at the end
of the next drive cycle in which similar conditions are encountered to
those that occurred when the pending DTC was stored, there has been no
exceedance of the misfire percentage described in paragraph
(h)(2)(ii)(B) of this section. The pending DTC may also be erased if
similar conditions are not encountered during the next 80 drive cycles
immediately following storage of the pending DTC.
    (B) No later than the fourth detection during a single drive cycle,
following the first 1000 revolutions after engine start of the misfire
percentage described in paragraph (h)(2)(ii)(B) of this section, a
pending DTC must be stored. If such a pending DTC is stored already,
then the MIL must activate and a MIL-on DTC must be stored within 10
seconds of the fourth detection of the misfire percentage described in
paragraph (h)(2)(ii)(B) of this section during either the drive cycle
immediately following storage of the pending DTC, regardless of the
conditions encountered during that drive cycle excepting those
conditions within the first 1000 revolutions after engine start, or on
the next drive cycle in which similar conditions are encountered to
those that occurred when the pending DTC was stored excepting those
conditions within the first 1000 revolutions after engine start. The
pending DTC may be erased if, at the end of the next drive cycle in
which similar conditions are encountered to those that occurred when
the pending DTC was stored, there has been no exceedance of the misfire
percentage described in paragraph (h)(2)(ii)(B) of this section. The
pending DTC may also be erased if similar conditions are not
encountered during the next 80 drive cycles immediately following
storage of the pending DTC.
    (vi) Storage of freeze frame conditions for engine misfire.
    (A) The OBD system must store and erase freeze frame conditions (as
defined in paragraph (k)(4)(iii) of this section) either in conjunction
with storing and erasing a pending DTC or in conjunction with storing
and erasing a MIL-on DTC.
    (B) If, upon storage of a DTC as required by paragraphs (h)(2)(iv)
and (h)(2)(v) of this section, there already exist stored freeze frame
conditions for a malfunction other than a misfire or fuel system
malfunction (see paragraph (h)(1) of this section) then the stored
freeze frame information shall be replaced with freeze frame
information associated with the misfire malfunction.
    (vii) Storage of engine conditions in association with engine
misfire. Upon detection of the misfire percentages described in
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section, the
following engine conditions must be stored for use in determining
similar conditions: Engine speed, load, and warm up status of the first
misfire event that resulted in pending DTC storage.
    (viii) MIL deactivation in association with engine misfire. The MIL
may be deactivated after three sequential drive cycles in which similar
conditions have been encountered without an exceedance of the misfire
percentages described in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of
this section.
    (3) Exhaust gas recirculation system monitoring.
    (i) General. The OBD system must monitor the EGR system on engines
so equipped for low and high flow rate malfunctions. The individual
electronic components (e.g., actuators, valves, sensors) that are used
in the EGR system must be monitored in accordance with the
comprehensive component requirements in paragraph (i)(3) of this
section.
    (ii) EGR system malfunction criteria.
    (A) The OBD system must detect a malfunction of the EGR system
prior to a decrease from the manufacturer's specified EGR flow rate
that would cause an engine's emissions to exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph
(h). For engines in which no failure or deterioration of the EGR system
that causes a decrease in flow could result in an engine's emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when the system has no detectable amount of EGR flow.
    (B) The OBD system must detect a malfunction of the EGR system
prior to an increase from the manufacturer's specified EGR flow rate
that would cause an engine's emissions to exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph
(h). For engines in which no failure or deterioration of the EGR system
that causes an increase in flow could result in an engine's emissions
exceeding the applicable emissions thresholds, the OBD system must
detect a malfunction when the system has

[[Page 8387]]

reached its control limits such that it cannot reduce EGR flow.
    (iii) EGR system monitoring conditions.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (h)(3)(ii) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required by paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(h)(3)(ii) of this section must be tracked separately but reported as a
single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (B) The manufacturer may disable temporarily the EGR monitor under
conditions when monitoring may not be reliable (e.g., when freezing may
affect performance of the system). To do so, the manufacturer must be able
to demonstrate that the monitor is unreliable when such conditions exist.
    (iv) EGR system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (4) Cold start emission reduction strategy monitoring.
    (i) General. If an engine incorporates a specific engine control
strategy to reduce cold start emissions, the OBD system must monitor
the key components (e.g., idle air control valve), other than secondary
air, while the control strategy is active to ensure proper operation of
the control strategy.
    (ii) Cold start strategy malfunction criteria.
    (A) The OBD system must detect a malfunction prior to any failure
or deterioration of the individual components associated with the cold
start emission reduction control strategy that would cause an engine's
emissions to exceed the emissions thresholds for ``other monitors'' as
shown in Table 2 of this paragraph (h). The manufacturer must establish
the malfunction criteria based on data from one or more representative
engine(s) and provide an engineering evaluation for establishing the
malfunction criteria for the remainder of the manufacturer's product line.
    (B) Where no failure or deterioration of a component used for the
cold start emission reduction strategy could result in an engine's
emissions exceeding the applicable emissions thresholds, the individual
component must be monitored for proper functional response while the
control strategy is active in accordance with the malfunction criteria
in paragraphs (i)(3)(ii) and (i)(3)(iii) of this section.
    (iii) Cold start strategy monitoring conditions. The manufacturer
must define monitoring conditions for malfunctions identified in
paragraph (h)(4)(ii) of this section in accordance with paragraphs (c)
and (d) of this section.
    (iv) Cold start strategy MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (5) Secondary air system monitoring.
    (i) General. The OBD system on engines equipped with any form of
secondary air delivery system must monitor the proper functioning of
the secondary air delivery system including all air switching valve(s).
The individual electronic components (e.g., actuators, valves, sensors)
that are used in the secondary air system must be monitored in
accordance with the comprehensive component requirements in paragraph
(i)(3) of this section. For purposes of this paragraph (h)(5), ``air
flow'' is defined as the air flow delivered by the secondary air system
to the exhaust system. For engines using secondary air systems with
multiple air flow paths/distribution points, the air flow to each bank
(i.e., a group of cylinders that share a common exhaust manifold,
catalyst, and control sensor) must be monitored in accordance with the
malfunction criteria in paragraph (h)(5)(ii) of this section. Also for
purposes of this paragraph (h)(5), ``normal operation'' is defined as
the condition when the secondary air system is activated during
catalyst and/or engine warm-up following engine start. ``Normal
operation'' does not include the condition when the secondary air
system is turned on intrusively for the sole purpose of monitoring.
    (ii) Secondary air system malfunction criteria.
    (A) Except as provided in paragraph (h)(5)(ii)(C) of this section,
the OBD system must detect a secondary air system malfunction prior to
a decrease from the manufacturer's specified air flow during normal
operation that would cause an engine's emissions to exceed the
emissions thresholds for ``other monitors'' as shown in Table 2 of this
paragraph (h).
    (B) Except as provided in paragraph (h)(5)(ii)(C) of this section,
the OBD system must detect a secondary air system malfunction prior to
an increase from the manufacturer's specified air flow during normal
operation that would cause an engine's emissions to exceed the
emissions thresholds for ``other monitors'' as shown in Table 2 of this
paragraph (h).
    (C) For engines in which no deterioration or failure of the
secondary air system would result in an engine's emissions exceeding
the applicable emissions thresholds, the OBD system must detect a
malfunction when no detectable amount of air flow is delivered by the
secondary air system during normal operation.
    (iii) Secondary air system monitoring conditions. The manufacturer
must define monitoring conditions for malfunctions identified in
paragraph (h)(5)(ii) of this section in accordance with paragraphs (c)
and (d) of this section. For purposes of tracking and reporting as
required by paragraph (d)(1) of this section, all monitors used to
detect malfunctions identified in paragraph (h)(5)(ii) of this section
must be tracked separately but reported as a single set of values as
specified in paragraph (e)(1)(iii) of this section.
    (iv) Secondary air system MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (6) Catalyst system monitoring.
    (i) General. The OBD system must monitor the catalyst system for
proper conversion capability.
    (ii) Catalyst system malfunction criteria. The OBD system must
detect a catalyst system malfunction when the catalyst system's
conversion capability decreases to the point that emissions exceed the
emissions thresholds for the catalyst system as shown in Table 2 of
this paragraph (h).
    (iii) Catalyst system monitoring conditions. The manufacturer must
define monitoring conditions for malfunctions identified in paragraph
(h)(6)(ii) of this section in accordance with paragraphs (c) and (d) of
this section. For purposes of tracking and reporting as required by
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraph (h)(6)(ii) of this section must be
tracked separately but reported as a single set of values as specified
in paragraph (e)(1)(iii) of this section.
    (iv) Catalyst system MIL activation and DTC storage.
    (A) The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (B) The monitoring method for the catalyst system must be capable
of detecting when a catalyst DTC has been erased (except OBD system
self erasure), but the catalyst has not been replaced (e.g., catalyst
overtemperature histogram approaches are not acceptable).

[[Page 8388]]

    (7) Evaporative system monitoring.
    (i) General. The OBD system must verify purge flow from the
evaporative system and monitor the complete evaporative system,
excluding the tubing and connections between the purge valve and the
intake manifold, for vapor leaks to the atmosphere. Individual
components of the evaporative system (e.g. valves, sensors) must be
monitored in accordance with the comprehensive components requirements
in paragraph (i)(3) of this section.
    (ii) Evaporative system malfunction criteria.
    (A) Purge monitor. The OBD system must detect an evaporative system
malfunction when no purge flow from the evaporative system to the
engine can be detected by the OBD system.
    (B) Leak monitor. The OBD system must detect an evaporative system
malfunction when the complete evaporative system contains a leak or
leaks that cumulatively are greater than or equal to a leak caused by a
0.150 inch diameter hole.
    (C) The manufacturer may demonstrate that detection of a larger
hole is more appropriate than that specified in paragraph (h)(7)(ii)(B)
of this section. To do so, the manufacturer must demonstrate through
data and/or engineering analyses that holes smaller than the proposed
detection size would not result in evaporative or running loss
emissions that exceed 1.5 times the applicable evaporative emissions
standards. Upon such a demonstration, the proposed detection size could
be substituted for the requirement of paragraph (h)(7)(ii)(B) of this
section.
    (iii) Evaporative system monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (h)(7)(ii)(A) of this section in
accordance with paragraphs (c) and (d) of this section.
    (B) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (h)(7)(ii)(B) of this section in
accordance with paragraphs (c) and (d) of this section. For purposes of
tracking and reporting as required by paragraph (d)(1) of this section,
all monitors used to detect malfunctions identified in paragraph
(h)(7)(ii)(B) of this section must be tracked separately but reported
as a single set of values as specified in paragraph (e)(1)(iii) of this
section.
    (C) The manufacturer may disable or abort an evaporative system
monitor when the fuel tank level is over 85 percent of nominal tank
capacity or during a refueling event.
    (D) The manufacturer may request Administrator approval to run the
evaporative system monitor during only those drive cycles characterized
as cold starts provided such a condition is needed to ensure reliable
monitoring. In making the request, the manufacturer must demonstrate
through data and/or engineering analyses that a reliable monitor can
only be run on drive cycles that begin with a specific set of cold
start criteria. A set of cold start criteria based solely on ambient
temperature exceeding engine coolant temperature will not be
acceptable.
    (E) The OBD system may disable temporarily the evaporative purge
system to run an evaporative system leak monitor.
    (iv) Evaporative system MIL activation and DTC storage.
    (A) Except as provided for in paragraph (h)(7)(iv)(B) of this
section, the MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (B) If the OBD system is capable of discerning that a system leak
is being caused by a missing or improperly secured gas cap, the OBD
system need not activate the MIL or store a DTC provided the vehicle is
equipped with an alternative indicator for notifying the operator of
the gas cap problem. The alternative indicator must be of sufficient
illumination and location to be readily visible under all lighting
conditions. If the vehicle is not equipped with such an alternative
indicator, the MIL must activate and a DTC be stored as required in
paragraph (h)(7)(iv)(A) of this section; however, these may be
deactivated and erased, respectively, if the OBD system determines that
the gas cap problem has been corrected and the MIL has not been
activated for any other malfunction. The Administrator may approve
other strategies that provide equivalent assurance that a vehicle
operator will be notified promptly of a missing or improperly secured
gas cap and that corrective action will be undertaken.
    (8) Exhaust gas sensor monitoring.
    (i) General.
    (A) The OBD system must monitor for malfunctions the output signal,
response rate, and any other parameter that can affect emissions of all
primary (i.e., fuel control) exhaust gas sensors (e.g., oxygen, wide-
range air/fuel). Both the lean-to-rich and rich-to-lean response rates
must be monitored.
    (B) The OBD system must also monitor all secondary exhaust gas
sensors (those used for secondary fuel trim control or as a monitoring
device) for proper output signal, activity, and response rate.
    (C) For engines equipped with heated exhaust gas sensor, the OBD
system must monitor the heater for proper performance.
    (ii) Primary exhaust gas sensor malfunction criteria.
    (A) The OBD system must detect a malfunction prior to any failure
or deterioration of the exhaust gas sensor output voltage, resistance,
impedance, current, response rate, amplitude, offset, or other
characteristic(s) (including drift or bias corrected for by secondary
sensors) that would cause an engine's emissions to exceed the emissions
thresholds for ``other monitors'' as shown in Table 2 of this paragraph (h).
    (B) The OBD system must detect malfunctions of the exhaust gas
sensor caused by either a lack of circuit continuity or out-of-range values.
    (C) The OBD system must detect a malfunction of the exhaust gas
sensor when a sensor failure or deterioration causes the fuel system to
stop using that sensor as a feedback input (e.g., causes default or
open-loop operation).
    (D) The OBD system must detect a malfunction of the exhaust gas
sensor when the sensor output voltage, resistance, impedance, current,
amplitude, activity, or other characteristics are no longer sufficient
for use as an OBD system monitoring device (e.g., for catalyst monitoring).
    (iii) Secondary exhaust gas sensor malfunction criteria.
    (A) The OBD system must detect a malfunction prior to any failure
or deterioration of the exhaust gas sensor voltage, resistance,
impedance, current, response rate, amplitude, offset, or other
characteristic(s) that would cause an engine's emissions to exceed the
emissions thresholds for ``other monitors'' as shown in Table 2 of this
paragraph (h).
    (B) The OBD system must detect malfunctions of the exhaust gas
sensor caused by a lack of circuit continuity.
    (C) To the extent feasible, the OBD system must detect a
malfunction of the exhaust gas sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other
characteristics are no longer sufficient for use as an OBD system
monitoring device (e.g., for catalyst monitoring).
    (D) The OBD system must detect malfunctions of the exhaust gas
sensor caused by out-of-range values.
    (E) The OBD system must detect a malfunction of the exhaust gas
sensor when a sensor failure or deterioration causes the fuel system
(e.g., fuel control) to stop using that sensor as a feedback input
(e.g., causes default or open-loop operation).

[[Page 8389]]

    (iv) Exhaust gas sensor heater malfunction criteria.
    (A) The OBD system must detect a malfunction of the heater
performance when the current or voltage drop in the heater circuit is
no longer within the manufacturer's specified limits for normal
operation (i.e., within the criteria required to be met by the
component vendor for heater circuit performance at high mileage). Other
malfunction criteria for heater performance malfunctions may be used
upon demonstrating via data or engineering analyses that the monitoring
reliability and timeliness is equivalent to the stated criteria in this
paragraph (h)(8)(iv)(A).
    (B) The OBD system must detect malfunctions of the heater circuit
including open or short circuits that conflict with the commanded state
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)).
    (v) Primary exhaust gas sensor monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D)
of this section in accordance with paragraphs (c) and (d) of this
section. For purposes of tracking and reporting as required by
paragraph (d)(1) of this section, all monitors used to detect
malfunctions identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D)
of this section must be tracked separately but reported as a single set
of values as specified in paragraph (e)(1)(iii) of this section.
    (B) Except as provided for in paragraph (h)(8)(v)(C) of this
section, monitoring for malfunctions identified in paragraphs
(h)(8)(ii)(B) and (h)(8)(ii)(C) of this section must be conducted continuously.
    (C) The manufacturer may disable continuous primary exhaust gas
sensor monitoring when a primary exhaust gas sensor malfunction cannot
be distinguished from other effects (e.g., disable out-of-range low
monitoring during fuel cut conditions). To do so, the manufacturer must
demonstrate via data or engineering analyses that a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
    (vi) Secondary exhaust gas sensor monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraphs (h)(8)(iii)(A) through
(h)(8)(iii)(C) of this section in accordance with paragraphs (c) and
(d) of this section.
    (B) Except as provided for in paragraph (h)(8)(vi)(C) of this
section, monitoring for malfunctions identified in paragraphs (h)(8)(iii)(D)
and (h)(8)(iii)(E) of this section must be conducted continuously.
    (C) The manufacturer may disable continuous secondary exhaust gas
sensor monitoring when a secondary exhaust gas sensor malfunction
cannot be distinguished from other effects (e.g., disable out-of-range
low monitoring during fuel cut conditions). To do so, the manufacturer
must demonstrate via data or engineering analyses that a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
    (vii) Exhaust gas sensor heater monitoring conditions.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in paragraph (h)(8)(iv)(A) of this section in
accordance with paragraphs (c) and (d) of this section.
    (B) Monitoring for malfunctions identified in paragraph
(h)(8)(iv)(B) of this section must be conducted continuously.
    (viii) Exhaust gas sensor MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (9) Variable valve timing (VVT) system monitoring.
    (i) General. The OBD system must monitor the VVT system on engines
so equipped for target error and slow response malfunctions. The
individual electronic components (e.g., actuators, valves, sensors)
that are used in the VVT system must be monitored in accordance with
the comprehensive components requirements in paragraph (i)(3).
    (ii) VVT system malfunction criteria.
    (A) VVT system target error. The OBD system must detect a
malfunction prior to any failure or deterioration in the capability of
the VVT system to achieve the commanded valve timing and/or control
within a crank angle and/or lift tolerance that would cause an engine's
emissions to exceed the emission thresholds for ``other monitors'' as
shown in Table 2 of this paragraph (h).
    (B) VVT slow response. The OBD system must detect a malfunction
prior to any failure or deterioration in the capability of the VVT
system to achieve the commanded valve timing and/or control within a
manufacturer-specified time that would cause an engine's emissions to
exceed the emission thresholds for ``other monitors'' as shown in Table
2 of this paragraph (h).
    (C) For engines in which no failure or deterioration of the VVT
system could result in an engine's emissions exceeding the applicable
emissions thresholds of paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of
this section, the OBD system must detect a malfunction of the VVT
system when proper functional response of the system to computer
commands does not occur.
    (iii) VVT system monitoring conditions. Manufacturers must define
the monitoring conditions for VVT system malfunctions identified in
paragraph (h)(9)(ii) in accordance with paragraphs (c) and (d) of this
section, with the exception that monitoring must occur every time the
monitoring conditions are met during the drive cycle rather than once
per drive cycle as required in paragraph (c)(2) of this section. For
purposes of tracking and reporting as required in paragraph (d)(1) of
this section, all monitors used to detect malfunctions identified in
paragraph (h)(9)(ii) must be tracked separately but reported as a
single set of values as specified in paragraph (e)(1)(iii) of this section.
    (iv) VVT MIL activation and DTC storage. The MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (i) OBD monitoring requirements for all engines.
    (1) Engine cooling system monitoring.
    (i) General.
    (A) The OBD system must monitor the thermostat on engines so
equipped for proper operation.
    (B) The OBD system must monitor the engine coolant temperature
(ECT) sensor for electrical circuit continuity, out-of-range values,
and rationality malfunctions.
    (C) For engines that use a system other than the cooling system and
ECT sensor (e.g., oil temperature, cylinder head temperature) to
determine engine operating temperature for emission control purposes
(e.g., to modify spark or fuel injection timing or quantity), the
manufacturer may forego cooling system monitoring and instead monitor
the components or systems used in their approach. To do so, the
manufacturer must to submit data and/or engineering analyses that
demonstrate that their monitoring plan is as reliable and effective as
the monitoring required in this paragraph (i)(1).
    (ii) Malfunction criteria for the thermostat.
    (A) The OBD system must detect a thermostat malfunction if, within
the manufacturer specified time interval following engine start, any of
the following conditions occur: The coolant

[[Page 8390]]

temperature does not reach the highest temperature required by the OBD
system to enable other diagnostics; and, the coolant temperature does
not reach a warmed-up temperature within 20 degrees Fahrenheit of the
manufacturer's nominal thermostat regulating temperature. For the
second of these two conditions, the manufacturer may use a lower
temperature for this criterion if either the manufacturer can
demonstrate that the fuel, spark timing, and/or other coolant
temperature-based modification to the engine control strategies would
not cause an emissions increase greater than or equal to 50 percent of
any of the applicable emissions standards; or, ambient air temperature
is between 20 degrees Fahrenheit and 50 degrees Fahrenheit in which
case, upon Administrator approval, the minimum coolant temperature
required to be reached may be decreased based on the ambient air temperature.
    (B) With Administrator approval, the manufacturer may use
alternative malfunction criteria to those of paragraph (i)(1)(ii)(A) of
this section and/or alternative monitoring conditions to those of
paragraph (i)(1)(iv) of this section that are a function of temperature
at engine start on engines that do not reach the temperatures specified
in the malfunction criteria when the thermostat is functioning
properly. To do so, the manufacturer is required to submit data and/or
engineering analyses that demonstrate that a properly operating system
does not reach the specified temperatures and that the possibility is
minimized for cooling system malfunctions to go undetected thus
disabling other OBD monitors.
    (C) The manufacturer may request Administrator approval to forego
monitoring of the thermostat if the manufacturer can demonstrate that a
malfunctioning thermostat cannot cause a measurable increase in
emissions during any reasonable driving condition nor cause any
disablement of other OBD monitors.
    (iii) Malfunction criteria for the ECT sensor.
    (A) Circuit integrity. The OBD system must detect malfunctions of
the ECT sensor related to a lack of circuit continuity or out-of-range
values.
    (B) Time to reach closed-loop/feedback enable temperature. The OBD
system must detect if, within the manufacturer specified time interval
following engine start, the ECT sensor does not achieve the highest
stabilized minimum temperature that is needed to initiate closed-loop/
feedback control of all affected emission control systems (e.g., fuel
system, EGR system). The manufacturer specified time interval must be a
function of the engine coolant temperature and/or intake air
temperature at startup. The manufacturer time interval must be
supported by data and/or engineering analyses demonstrating that it
provides robust monitoring and minimizes the likelihood of other OBD
monitors being disabled. The manufacturer may forego the requirements
of this paragraph (i)(1)(iii)(B) provided the manufacturer does not use
engine coolant temperature or the ECT sensor to enable closed-loop/
feedback control of any emission control systems.
    (C) Stuck in range below the highest minimum enable temperature. To
the extent feasible when using all available information, the OBD
system must detect a malfunction if the ECT sensor inappropriately
indicates a temperature below the highest minimum enable temperature
required by the OBD system to enable other monitors (e.g., an OBD
system that requires ECT to be greater than 140 degrees Fahrenheit to
enable a diagnostic must detect malfunctions that cause the ECT sensor
to inappropriately indicate a temperature below 140 degrees
Fahrenheit). The manufacturer may forego this requirement for
temperature regions in which the monitors required under paragraphs
(i)(1)(ii) or (i)(1)(iii)(B) of this section will detect ECT sensor
malfunctions as defined in this paragraph (i)(1)(iii)(C).
    (D) Stuck in range above the lowest maximum enable temperature. The
OBD system must detect a malfunction if the ECT sensor inappropriately
indicates a temperature above the lowest maximum enable temperature
required by the OBD system to enable other monitors (e.g., an OBD
system that requires an engine coolant temperature less than 90 degrees
Fahrenheit at startup prior to enabling an OBD monitor must detect
malfunctions that cause the ECT sensor to indicate inappropriately a
temperature above 90 degrees Fahrenheit). The manufacturer may forego
this requirement within temperature regions in which the monitors
required under paragraphs (i)(1)(ii), (i)(1)(iii)(B), (i)(1)(iii)(C) of
this section will detect ECT sensor malfunctions as defined in this
paragraph (i)(1)(iii)(D) or in which the MIL will be activated
according to the provisions of paragraph (b)(2)(v) of this section. The
manufacturer may also forego this monitoring within temperature regions
where a temperature gauge on the instrument panel indicates a
temperature in the ``red zone'' (engine overheating zone) and displays
the same temperature information as used by the OBD system.
    (iv) Monitoring conditions for the thermostat.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (i)(1)(ii)(A) of this section in
accordance with paragraph (c) of this section. Additionally, except as
provided for in paragraphs (i)(1)(iv)(B) and (i)(1)(iv)(C) of this
section, monitoring for malfunctions identified in paragraph
(i)(1)(ii)(A) of this section must be conducted once per drive cycle on
every drive cycle in which the ECT sensor indicates, at engine start, a
temperature lower than the temperature established as the malfunction
criteria in paragraph (i)(1)(ii)(A) of this section.
    (B) The manufacturer may disable thermostat monitoring at ambient
engine start temperatures below 20 degrees Fahrenheit.
    (C) The manufacturers may request Administrator approval to suspend
or disable thermostat monitoring if the engine is subjected to
conditions that could lead to false diagnosis. To do so, the
manufacturer must submit data and/or engineering analyses that
demonstrate that the suspension or disablement is necessary. In
general, the manufacturer will not be allowed to suspend or disable the
thermostat monitor on engine starts where the engine coolant
temperature at engine start is more than 35 degrees Fahrenheit lower
than the thermostat malfunction threshold temperature determined under
paragraph (i)(1)(ii)(A) of this section.
    (v) Monitoring conditions for the ECT sensor.
    (A) Except as provided for in paragraph (i)(1)(v)(D) of this
section, the OBD system must monitor continuously for malfunctions
identified in paragraph monitoring for malfunctions identified in
paragraph (i)(1)(iii)(A) of this section (i.e., circuit integrity and
out-of-range).
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph (i)(1)(iii)(B) of this section in
accordance with paragraph (c) of this section. Additionally, except as
provided for in paragraph (i)(1)(v)(D) of this section, monitoring for
malfunctions identified in paragraph (i)(1)(iii)(B) of this section
must be conducted once per drive cycle on every drive cycle in which
the ECT sensor indicates a temperature lower than the closed-loop
enable temperature at engine start (i.e., all engine start temperatures
greater than the ECT sensor out-of-range low temperature and less than
the closed-loop enable temperature).

[[Page 8391]]

    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraphs (i)(1)(iii)(C) and (i)(1)(iii)(D)
of this section in accordance with paragraphs (c) and (d) of this section.
    (D) The manufacturer may suspend or delay the monitor for the time
to reach closed-loop enable temperature if the engine is subjected to
conditions that could lead to false diagnosis (e.g., vehicle operation
at idle for more than 50 to 75 percent of the warm-up time).
    (E) The manufacturer may request Administrator approval to disable
continuous ECT sensor monitoring when an ECT sensor malfunction cannot
be distinguished from other effects. To do so, the manufacturer must
submit data and/or engineering analyses that demonstrate a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
    (vi) Engine cooling system MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (2) Crankcase ventilation (CV) system monitoring.
    (i) General. The OBD system must monitor the CV system on engines
so equipped for system integrity. Engines not required to be equipped
with CV systems are exempt from monitoring the CV system. For diesel
engines, the manufacturer must submit a plan for Administrator approval
prior to OBD certification. That plan must include descriptions of the
monitoring strategy, malfunction criteria, and monitoring conditions
for CV system monitoring. The plan must demonstrate that the CV system
monitor is of equivalent effectiveness, to the extent feasible, to the
malfunction criteria and the monitoring conditions of this paragraph (i)(2).
    (ii) Crankcase ventilation system malfunction criteria.
    (A) For the purposes of this paragraph (i)(2), ``CV system'' is
defined as any form of crankcase ventilation system, regardless of
whether it utilizes positive pressure. ``CV valve'' is defined as any
form of valve or orifice used to restrict or control crankcase vapor
flow. Further, any additional external CV system tubing or hoses used
to equalize crankcase pressure or to provide a ventilation path between
various areas of the engine (e.g., crankcase and valve cover) are
considered part of the CV system ``between the crankcase and the CV
valve'' and subject to the malfunction criteria in paragraph
(i)(2)(ii)(B) of this section.
    (B) Except as provided for in paragraphs (i)(2)(ii)(C) through
(i)(2)(ii)(E) of this section, the OBD system must detect a malfunction
of the CV system when a disconnection of the system occurs between
either the crankcase and the CV valve, or between the CV valve and the
intake manifold.
    (C) The manufacturer may forego monitoring for a disconnection
between the crankcase and the CV valve provided the CV system is
designed such that the CV valve is fastened directly to the crankcase
such that it is significantly more difficult to remove the CV valve
from the crankcase than to disconnect the line between the CV valve and
the intake manifold (taking aging effects into consideration). To do
so, the manufacturer must be able to provide data and/or an engineering
evaluation demonstrating that the CV system is so designed.
    (D) The manufacturer may forego monitoring for a disconnection
between the crankcase and the CV valve provided the CV system is
designed such that it uses tubing connections between the CV valve and
the crankcase that are: resistant to deterioration or accidental
disconnection; significantly more difficult to disconnect than is the
line between the CV valve and the intake manifold; and, not subject to
disconnection per the manufacturer's repair procedures for any non-CV
system repair. To do so, the manufacturer must be able to provide data
and/or engineering evaluation demonstrating that the CV system is so
designed.
    (E) The manufacturer may forego monitoring for a disconnection
between the CV valve and the intake manifold provided the CV system is
designed such that any disconnection either causes the engine to stall
immediately during idle operation, or is unlikely to occur due to a CV
system design that is integral to the induction system (e.g., machined
passages rather than tubing or hoses). To do so, the manufacturer must
be able to provide data and/or an engineering evaluation demonstrating
that the CV system is so designed.
    (iii) Crankcase ventilation system monitoring conditions. The
manufacturer must define the monitoring conditions for malfunctions
identified in paragraph (i)(2) of this section in accordance with
paragraphs (c) and (d) of this section.
    (iv) Crankcase ventilation system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section. The stored DTC need not
identify specifically the CV system (e.g., a DTC for idle speed control
or fuel system monitoring can be stored) if the manufacturer can
demonstrate that additional monitoring hardware is necessary to make
such an identification and provided the manufacturer's diagnostic and
repair procedures for the detected malfunction include directions to
check the integrity of the CV system.
    (3) Comprehensive component monitoring.
    (i) General. Except as provided for in paragraph (i)(4) of this
section, the OBD system must detect a malfunction of any electronic
engine component or system not otherwise described in paragraphs (g),
(h), (i)(1), and (i)(2) of this section that either provides input to
(directly or indirectly, such components may include the crank angle
sensor, knock sensor, throttle position sensor, cam position sensor,
intake air temperature sensor, boost pressure sensor, manifold pressure
sensor, mass air flow sensor, exhaust temperature sensor, exhaust
pressure sensor, fuel pressure sensor, fuel composition sensor of a
flexible fuel vehicle, etc.) or receives commands from (such components
or systems may include the idle speed control system, glow plug system,
variable length intake manifold runner systems, supercharger or
turbocharger electronic components, heated fuel preparation systems,
the wait-to-start lamp on diesel applications, the MIL, etc.) the
onboard computer(s) and meets either of the criteria described in
paragraphs (i)(3)(i)(A) and/or (i)(3)(i)(B) of this section. Note that,
for the purposes of this paragraph (i)(3), ``electronic engine
component or system'' does not include components that are driven by
the engine and are not related to the control of the fueling, air
handling, or emissions of the engine (e.g., PTO components, air
conditioning system components, and power steering components).
    (A) It can cause emissions to exceed applicable emission standards.
To preclude monitoring, the manufacturer must be able to provide
emission data showing that the component or system, when malfunctioning
and installed on a suitable test engine, does not cause emissions to
exceed the emission standards.
    (B) It is used as part of the monitoring strategy for any other
monitored system or component.
    (ii) Comprehensive component malfunction criteria for input
components.
    (A) The OBD system must detect malfunctions of input components
caused by a lack of circuit continuity and out-of-range values. In
addition, where feasible, rationality checks must

[[Page 8392]]

also be done and shall verify that a sensor output is neither
inappropriately high nor inappropriately low (i.e., ``two-sided'' monitoring).
    (B) To the extent feasible, the OBD system must separately detect
and store different DTCs that distinguish rationality malfunctions from
lack of circuit continuity and out-of-range malfunctions. For lack of
circuit continuity and out-of-range malfunctions, the OBD system must,
to the extent feasible, separately detect and store different DTCs for
each distinct malfunction (e.g., out-of-range low, out-of-range high,
open circuit). The OBD system is not required to store separate DTCs
for lack of circuit continuity malfunctions that cannot be
distinguished from other out-of-range circuit malfunctions.
    (C) For input components that are used to activate alternative
strategies that can affect emissions (e.g., AECDs, engine shutdown
systems), the OBD system must conduct rationality checks to detect
malfunctions that cause the system to activate erroneously or
deactivate the alternative strategy. To the extent feasible when using
all available information, the rationality check must detect a
malfunction if the input component inappropriately indicates a value
that activates or deactivates the alternative strategy. For example,
for an alternative strategy that activates when the intake air
temperature is greater than 120 degrees Fahrenheit, the OBD system must
detect malfunctions that cause the intake air temperature sensor to
indicate inappropriately a temperature above 120 degrees Fahrenheit.
    (D) For engines that require precise alignment between the camshaft
and the crankshaft, the OBD system must monitor the crankshaft position
sensor(s) and camshaft position sensor(s) to verify proper alignment
between the camshaft and crankshaft in addition to monitoring the
sensors for circuit continuity and proper rationality. Proper alignment
monitoring between a camshaft and a crankshaft is required only in
cases where both are equipped with position sensors. For engines
equipped with VVT systems and a timing belt or chain, the OBD system
must detect a malfunction if the alignment between the camshaft and
crankshaft is off by one or more cam/crank sprocket cogs (e.g., the
timing belt/chain has slipped by one or more teeth/cogs). If a
manufacturer demonstrates that a single tooth/cog misalignment cannot
cause a measurable increase in emissions during any reasonable driving
condition, the OBD system must detect a malfunction when the minimum
number of teeth/cogs misalignment has occurred that does cause a
measurable emission increase.
    (iii) Comprehensive component malfunction criteria for output
components/systems.
    (A) The OBD system must detect a malfunction of an output
component/system when proper functional response does not occur in
response to computer commands. If such a functional check is not
feasible, the OBD system must detect malfunctions of output components/
systems caused by a lack of circuit continuity or circuit malfunction
(e.g., short to ground or high voltage). For output component lack of
circuit continuity malfunctions and circuit malfunctions, the OBD
system is not required to store different DTCs for each distinct
malfunction (e.g., open circuit, shorted low). Manufacturers are not
required to activate an output component/system when it would not
normally be active for the sole purpose of performing a functional
check of it as required in this paragraph (i)(3).
    (B) For gasoline engines, the idle control system must be monitored
for proper functional response to computer commands. For gasoline
engines using monitoring strategies based on deviation from target idle
speed, a malfunction must be detected when either of the following
conditions occurs: The idle speed control system cannot achieve the
target idle speed within 200 revolutions per minute (rpm) above the
target speed or 100 rpm below the target speed; or, the idle speed
control system cannot achieve the target idle speed within the smallest
engine speed tolerance range required by the OBD system to enable any
other monitors. Regarding the former of these conditions, the
manufacturer may use larger engine speed tolerances. To do so, the
manufacturer must be able to provide data and/or engineering analyses
that demonstrate that the tolerances can be exceeded without a
malfunction being present.
    (C) For diesel engines, the idle control system must be monitored
for proper functional response to computer commands. For diesel
engines, a malfunction must be detected when either of the following
conditions occurs: the idle fuel control system cannot achieve the
target idle speed or fuel injection quantity within +/-50 percent of
the manufacturer-specified fuel quantity and engine speed tolerances;
or, the idle fuel control system cannot achieve the target idle speed
or fueling quantity within the smallest engine speed or fueling quantity
tolerance range required by the OBD system to enable any other monitors.
    (D) For model years 2010 through 2012, glow plugs must be monitored
for circuit continuity malfunctions. For model years 2010 and later,
intake air heater systems and, for model years 2013 and later, glow
plugs must be monitored for proper functional response to computer
commands and for circuit continuity malfunctions. The glow plug/intake
air heater circuit(s) must be monitored for proper current and voltage
drop. The manufacturer may use other monitoring strategies but must be
able to provide data and/or engineering analyses that demonstrate
reliable and timely detection of malfunctions. The OBD system must also
detect a malfunction when a single glow plug no longer operates within
the manufacturer's specified limits for normal operation. If a
manufacturer can demonstrate that a single glow plug malfunction cannot
cause a measurable increase in emissions during any reasonable driving
condition, the OBD system must instead detect a malfunction when the
number of glow plugs needed to cause an emission increase is
malfunctioning. To the extent feasible, the stored DTC must identify
the specific malfunctioning glow plug(s).
    (E) The wait-to-start lamp circuit and the MIL circuit must be
monitored for malfunctions that cause either lamp to fail to activate
when commanded to do so (e.g., burned out bulb). This monitoring of the
wait-to-start lamp circuit and the MIL circuit is not required for
wait-to-start lamps and MILs using light-emitting diodes (LEDs).
    (iv) Monitoring conditions for input components.
    (A) The OBD system must monitor input components continuously for
out-of-range values and circuit continuity. The manufacturer may
disable continuous monitoring for circuit continuity and out-of-range
values when a malfunction cannot be distinguished from other effects.
To do so, the manufacturer must be able to provide data and/or
engineering analyses that demonstrate that a properly functioning input
component cannot be distinguished from a malfunctioning input component
and that the disablement interval is limited only to that necessary for
avoiding false malfunction detection.
    (B) For input component rationality checks (where applicable), the
manufacturer must define the monitoring conditions for detecting
malfunctions in accordance with paragraphs (c) and (d) of this section,
with the exception that rationality

[[Page 8393]]

checks must occur every time the monitoring conditions are met during
the drive cycle rather than once per drive cycle as required in
paragraph (c)(2) of this section.
    (v) Monitoring conditions for output components/systems.
    (A) The OBD system must monitor output components/systems
continuously for circuit continuity and circuit malfunctions. The
manufacturer may disable continuous monitoring for circuit continuity
and circuit malfunctions when a malfunction cannot be distinguished
from other effects. To do so, the manufacturer must be able to provide
data and/or engineering analyses that demonstrate that a properly
functioning output component/system cannot be distinguished from a
malfunctioning one and that the disablement interval is limited only to
that necessary for avoiding false malfunction detection.
    (B) For output component/system functional checks, the manufacturer
must define the monitoring conditions for detecting malfunctions in
accordance with paragraphs (c) and (d) of this section. Specifically
for the idle control system, the manufacturer must define the
monitoring conditions for detecting malfunctions in accordance with
paragraphs (c) and (d) of this section, with the exception that
functional checks must occur every time the monitoring conditions are
met during the drive cycle rather than once per drive cycle as required
in paragraph (c)(2) of this section.
    (vi) Comprehensive component MIL activation and DTC storage.
    (A) Except as provided for in paragraphs (i)(3)(vi)(B) and
(i)(3)(vi)(C) of this section, the MIL must activate and DTCs must be
stored according to the provisions of paragraph (b) of this section.
    (B) The MIL need not be activated in conjunction with storing a
MIL-on DTC for any comprehensive component if: the component or system,
when malfunctioning, could not cause engine emissions to increase by 15
percent or more of the applicable FTP standard during any reasonable
driving condition; or, the component or system is not used as part of
the monitoring strategy for any other system or component that is
required to be monitored.
    (C) The MIL need not be activated if a malfunction has been
detected in the MIL circuit that prevents the MIL from activating
(e.g., burned out bulb or light-emitting diode, LED). Nonetheless, the
electronic MIL status (see paragraph (k)(4)(ii) of this section) must
be reported as MIL commanded-on and a MIL-on DTC must be stored.
    (4) Other emission control system monitoring.
    (i) General. For other emission control systems that are either not
addressed in paragraphs (g) through (i)(3) of this section (e.g.,
hydrocarbon traps, homogeneous charge compression ignition control
systems), or addressed in paragraph (i)(3) of this section but not
corrected or compensated for by an adaptive control system (e.g., swirl
control valves), the manufacturer must submit a plan for Administrator
approval of the monitoring strategy, malfunction criteria, and
monitoring conditions prior to introduction on a production engine. The
plan must demonstrate the effectiveness of the monitoring strategy, the
malfunction criteria used, the monitoring conditions required by the
monitor, and, if applicable, the determination that the requirements of
paragraph (i)(4)(ii) of this section are satisfied.
    (ii) For engines that use emission control systems that alter
intake air flow or cylinder charge characteristics by actuating
valve(s), flap(s), etc., in the intake air delivery system (e.g., swirl
control valve systems), the manufacturer, in addition to meeting the
requirements of paragraph (i)(4)(i) of this section, may elect to have
the OBD system monitor the shaft to which all valves in one intake bank
are physically attached rather than performing a functional check of
the intake air flow, cylinder charge, or individual valve(s)/flap(s).
For non-metal shafts or segmented shafts, the monitor must verify all
shaft segments for proper functional response (e.g., by verifying that
the segment or portion of the shaft farthest from the actuator
functions properly). For systems that have more than one shaft to
operate valves in multiple intake banks, the manufacturer is not
required to add more than one set of detection hardware (e.g., sensor,
switch) per intake bank to meet this requirement.
    (5) Exceptions to OBD monitoring requirements.
    (i) The Administrator may revise the PM filtering performance
malfunction criteria for DPFs to exclude detection of specific failure
modes such as partially melted substrates, if the most reliable
monitoring method developed requires it.
    (ii) The manufacturer may disable an OBD system monitor at ambient
engine start temperatures below 20 degrees Fahrenheit (low ambient
temperature conditions may be determined based on intake air or engine
coolant temperature at engine start) or at elevations higher than 8,000
feet above sea level. To do so, the manufacturer must submit data and/
or engineering analyses that demonstrate that monitoring is unreliable
during the disable conditions. A manufacturer may request that an OBD
system monitor be disabled at other ambient engine start temperatures
by submitting data and/or engineering analyses demonstrating that
misdiagnosis would occur at the given ambient temperatures due to their
effect on the component itself (e.g., component freezing).
    (iii) The manufacturer may disable an OBD system monitor when the
fuel level is 15 percent or less of the nominal fuel tank capacity for
those monitors that can be affected by low fuel level or running out of
fuel (e.g., misfire detection). To do so, the manufacturer must submit
data and/or engineering analyses that demonstrate that monitoring at
the given fuel levels is unreliable, and that the OBD system is still
able to detect a malfunction if the component(s) used to determine fuel
level indicates erroneously a fuel level that causes the disablement.
    (iv) The manufacturer may disable OBD monitors that can be affected
by engine battery or system voltage levels.
    (A) For an OBD monitor affected by low vehicle battery or system
voltages, manufacturers may disable monitoring when the battery or
system voltage is below 11.0 Volts. The manufacturer may use a voltage
threshold higher than 11.0 Volts to disable monitors but must submit
data and/or engineering analyses that demonstrate that monitoring at
those voltages is unreliable and that either operation of a vehicle
below the disablement criteria for extended periods of time is unlikely
or the OBD system monitors the battery or system voltage and will
detect a malfunction at the voltage used to disable other monitors.
    (B) For an OBD monitor affected by high engine battery or system
voltages, the manufacturer may disable monitoring when the battery or
system voltage exceeds a manufacturer-defined voltage. To do so, the
manufacturer must submit data and/or engineering analyses that
demonstrate that monitoring above the manufacturer-defined voltage is
unreliable and that either the electrical charging system/alternator
warning light will be activated (or voltage gauge would be in the ``red
zone'') or the OBD system monitors the battery or system voltage and
will detect a malfunction at the voltage used to disable other monitors.
    (v) The manufacturer may also disable affected OBD monitors in
systems designed to accommodate the

[[Page 8394]]

installation of power take off (PTO) units provided monitors are
disabled only while the PTO unit is active and the OBD readiness status
(see paragraph (k)(4)(i) of this section) is cleared by the onboard
computer (i.e., all monitors set to indicate ``not complete'' or ``not
ready'') while the PTO unit is activated. If monitors are so disabled
and when the disablement ends, the readiness status may be restored to
its state prior to PTO activation.
    (6) Feedback control system monitoring. If the engine is equipped
with feedback control of any of the systems covered in paragraphs (g),
(h) and (i) of this section, then the OBD system must detect as
malfunctions the conditions specified in this paragraph (i)(6) for each
of the individual feedback controls.
    (i) The OBD system must detect when the system fails to begin
feedback control within a manufacturer specified time interval.
    (ii) When any malfunction or deterioration causes open loop or
limp-home operation.
    (iii) When feedback control has used up all of the adjustment
allowed by the manufacturer.
    (iv) A manufacturer may temporarily disable monitoring for
malfunctions specified in paragraph (i)(6)(iii) of this section during
conditions that the specific monitor cannot distinguish robustly
between a malfunctioning system and a properly operating system. To do
so, the manufacturer is required to submit data and/or engineering
analyses demonstrating that the individual feedback control system,
when operating as designed on an engine with all emission controls
working properly, routinely operates during these conditions while
having used up all of the adjustment allowed by the manufacturer. In
lieu of detecting, with a system specific monitor, the malfunctions
specified in paragraphs (i)(6)(i) and (i)(6)(ii) of this section the
OBD system may monitor the individual parameters or components that are
used as inputs for individual feedback control systems provided that
the monitors detect all malfunctions that meet the criteria of
paragraphs (i)(6)(i) and (i)(6)(ii) of this section.
    (j) Production evaluation testing.
    (1) Verification of Standardization Requirements.
    (i) For model years 2013 and later, the manufacturer must perform
testing to verify that production vehicles meet the requirements of
paragraphs (k)(3) and (k)(4) of this section relevant to the proper
communication of required emissions-related messages to a SAE J1978 or
SAE J1939 (both as specified in paragraph (k)(1) of this section) scan tool.
    (ii) Selection of Test Vehicles.
    (A) The manufacturer must perform this testing every model year on
ten unique production vehicles (i.e., engine rating and chassis
application combination) per engine family. If there are less than ten
unique production vehicles for a certain engine family, the
manufacturer must test each unique production vehicle in that engine
family. The manufacturer must perform this testing within either three
months of the start of engine production or one month of the start of
vehicle production, whichever is later. The manufacturer may request
approval to group multiple production vehicles together and test one
representative vehicle per group. To do so, the software and hardware
designed to comply with the standardization requirements of paragraph
(k)(1) of this section (e.g., communication protocol message timing,
number of supported data stream parameters, engine and vehicle
communication network architecture) in the representative vehicle must
be identical to all others in the group and any differences in the
production vehicles cannot be relevant with respect to meeting the
criteria of paragraph (j)(1)(iv) of this section.
    (B) For 2016 and subsequent model years, the required number of
vehicles to be tested shall be reduced to five per engine family
provided zero vehicles fail the testing required by paragraph (j)(1) of
this section for two consecutive years.
    (C) For 2019 and subsequent model years, the required number of
vehicles to be tested shall be reduced to three per engine family
provided zero vehicles fail the testing required by paragraph (j)(1) of
this section for three consecutive years.
    (D) The requirement for submittal of data from one or more of the
production vehicles shall be waived if data have been submitted
previously for all of the production vehicles. The manufacturer may
request approval to carry over data collected in previous model years.
To do so, the software and hardware designed to comply with the
standardization requirements of paragraph (k)(1) of this section must
be identical to the previous model year and there must not have been
other hardware or software changes that affect compliance with the
standardization requirements.
    (iii) Test equipment. For the testing required by paragraph (j)(1)
of this section, the manufacturer shall use an off-board device to
conduct the testing. The manufacturer must be able to show that the
off-board device is able to verify that the vehicles tested using the
device are able to perform all of the required functions in paragraph
(j)(1)(iv) of this section with any other off-board device designed and
built in accordance with the SAE J1978 or SAE J1939 (both as specified
in paragraph (k)(1) of this section) generic scan tool specifications.
    (iv) Required testing. The testing must verify that communication
can be established properly between all emission-related on-board
computers and a SAE J1978 or SAE J1939 (both as specified in paragraph
(k)(1) of this section) scan tool designed to adhere strictly to the
communication protocols allowed in paragraph (k)(3) of this section.
The testing must also verify that all emission-related information is
communicated properly between all emission-related on-board computers
and a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of
this section) scan tool in accordance with the requirements of
paragraph (k)(1) of this section and the applicable ISO and SAE
specifications including specifications for physical layer, network
layer, message structure, and message content. The testing must also
verify that the onboard computer(s) can properly respond to a SAE J1978
or SAE J1939 (both as specified in paragraph (k)(1) of this section)
scan tool request to clear emissions-related DTCs and reset the ready
status in accordance with paragraph (k)(4)(ix) of this section. The
testing must further verify that the following information can be
properly communicated to a SAE J1978 or SAE J1939 (both as specified in
paragraph (k)(1) of this section) scan tool:
    (A) The current ready status from all onboard computers required to
support ready status in accordance with SAE J1978 or SAE J1939-73 (both
as specified in paragraph (k)(1) of this section) and paragraph
(k)(4)(i) of this section in the key-on, engine-off position and while
the engine is running.
    (B) The MIL command status while a deactivated MIL is commanded and
while an activated MIL is commanded in accordance with SAE J1979 or SAE
J1939 (both as specified in paragraph (k)(1) of this section) and
paragraph (k)(4)(ii) of this section in the key-on, engine-off position
and while the engine is running, and in accordance with SAE J1979 or
SAE J1939 (both as specified in paragraph (k)(1) of this section) and
paragraphs (b)(1)(ii) of this section during the MIL functional check,
if applicable, and, if applicable, (k)(4)(i)(C) of this section during
the MIL ready status check while the engine is off.

[[Page 8395]]

    (C) All data stream parameters required in paragraph (k)(4)(ii) of
this section in accordance with SAE J1979 or SAE J1939 (both as
specified in paragraph (k)(1) of this section) including, if
applicable, the proper identification of each data stream parameter as
supported in SAE J1979 (e.g., Mode/Service $01, PID $00).
    (D) The CAL ID, CVN, and VIN as required by paragraphs (k)(4)(vi),
(k)(4)(vii), and (k)(4)(viii) of this section and in accordance with
SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this
section).
    (E) An emissions-related DTC (permanent, pending, MIL-on, previous-
MIL-on) in accordance with SAE J1979 or SAE J1939-73 (both as specified
in paragraph (k)(1) of this section) including the correct indication
of the number of stored DTCs (e.g., Mode/Service $01, PID $01, Data A
for SAE J1979 (as specified in paragraph (k)(1) of this section)) and
paragraph (k)(4)(iv) of this section.
    (v) Reporting of results. The manufacturer must submit to the
Administrator the following, based on the results of the testing
required by paragraph (j)(1)(iv) of this section:
    (A) If a variant meets all the requirements of paragraph (j)(1)(iv)
of this section, a statement specifying that the variant passed all the
tests. Upon request from the Administrator, the detailed results of any
such testing may have to be submitted.
    (B) If any variant does not meet the requirements paragraph
(j)(1)(iv) of this section, a written report detailing the problem(s)
identified and the manufacturer's proposed corrective action (if any)
to remedy the problem(s). This report must be submitted within one
month of testing the specific variant. The Administrator will consider
the proposed remedy and, if in disagreement, will work with the
manufacturer to propose an alternative remedy. Factors to be considered
by the Administrator in considering the proposed remedy will include
the severity of the problem(s), the ability of service technicians to
access the required diagnostic information, the impact on equipment and
tool manufacturers, and the amount of time prior to implementation of
the proposed corrective action.
    (vi) Alternative testing protocols. Manufacturers may request
approval to use other testing protocols. To do so, the manufacturer
must demonstrate that the alternative testing methods and equipment
will provide an equivalent level of verification of compliance with the
standardization requirements as is required by paragraph (j)(1) of this
section.
    (2) Verification of monitoring requirements.
    (i) Within either the first six months of the start of engine
production or the first three months of the start of vehicle
production, whichever is later, the manufacturer must conduct a
complete evaluation of the OBD system of one or more production
vehicles (test vehicles) and submit the results of the evaluation to
the Administrator.
    (ii) Selection of test vehicles.
    (A) For each engine selected for monitoring system demonstration in
paragraph (l) of this section, the manufacturer must evaluate one
production vehicle equipped with an engine from the same engine family
and rating as the demonstration engine. The vehicle selection must be
approved by the Administrator.
    (B) If the manufacturer is required to test more than one test
vehicle, the manufacturer may test an engine in lieu of a vehicle for
all but one of the required test vehicles.
    (C) The requirement for submittal of data from one or more of the
test vehicles may be waived if data have been submitted previously for
all of the engine ratings and variants.
    (iii) Evaluation requirements.
    (A) The evaluation must demonstrate the ability of the OBD system
on the selected test vehicle to detect a malfunction, activate the MIL,
and, where applicable, store an appropriate DTC readable by a scan tool
when a malfunction is present and the monitoring conditions have been
satisfied for each individual monitor required by this section. For
model years 2013 and later, the evaluation must demonstrate the ability
of the OBD system on the selected test vehicle to detect a malfunction,
activate the MIL, and, where applicable, store an appropriate DTC
readable by a SAE J1978 or SAE J1939 (both as specified in paragraph
(k)(1) of this section) scan tool when a malfunction is present and the
monitoring conditions have been satisfied for each individual monitor
required by this section.
    (B) The evaluation must verify that the malfunction of any
component used to enable another OBD monitor but that does not itself
result in MIL activation (e.g., fuel level sensor) will not inhibit the
ability of other OBD monitors to detect malfunctions properly.
    (C) The evaluation must verify that the software used to track the
numerator and denominator for the purpose of determining in-use monitoring
frequency increments as required by paragraph (d)(2) of this section.
    (D) Malfunctions may be implanted mechanically or simulated
electronically, but internal onboard computer hardware or software
changes shall not be used to simulate malfunctions. For monitors that
are required to indicate a malfunction before emissions exceed an
emission threshold, manufacturers are not required to use
malfunctioning components/systems set exactly at their malfunction
criteria limits. Emission testing is not required to confirm that the
malfunction is detected before the appropriate emission thresholds are
exceeded.
    (E) The manufacturer must submit a proposed test plan for approval
prior to performing evaluation testing. The test plan must identify the
method used to induce a malfunction for each monitor.
    (F) If the demonstration of a specific monitor cannot be reasonably
performed without causing physical damage to the test vehicle (e.g.,
onboard computer internal circuit malfunctions), the manufacturer may
omit the specific demonstration.
    (G) For evaluation of test vehicles selected in accordance with
paragraph (j)(2)(ii) of this section, the manufacturer is not required
to demonstrate monitors that were demonstrated prior to certification
as required in paragraph (l) of this section.
    (iv) The manufacturer must submit a report of the results of all
testing conducted as required by paragraph (j)(2) of this section. The
report must identify the method used to induce a malfunction in each
monitor, the MIL activation status, and the DTC(s) stored.
    (3) Verification of in-use monitoring performance ratios.
    (i) The manufacturer must collect and report in-use monitoring
performance data representative of production vehicles (i.e., engine
rating and chassis application combination). The manufacturer must
collect and report the data to the Administrator within 12 months after
the first production vehicle was first introduced into commerce.
    (ii) The manufacturer must separate production vehicles into the
monitoring performance groups and submit data that represents each of
these groups. The groups shall be based on the following criteria:
    (A) Emission control system architecture. All engines that use the
same or similar emissions control system architecture (e.g., EGR with
DPF and SCR; EGR with DPF and NO_X adsorber; EGR with DPF-
only) and associated monitoring system would be in the same emission
architecture category.

[[Page 8396]]

    (B) Vehicle application type. Within an emission architecture
category, engines shall be separated into one of three vehicle
application types: Engines intended primarily for line-haul chassis
applications, engines intended primarily for urban delivery chassis
applications, and all other engines.
    (iii) The manufacturer may use an alternative grouping method to
collect representative data. To do so, the manufacturer must show that
the alternative groups include production vehicles using similar
emission controls, OBD strategies, monitoring condition calibrations,
and vehicle application driving/usage patterns such that they are
expected to have similar in-use monitoring performance. The
manufacturer will still be required to submit one set of data for each
of the alternative groups.
    (iv) For each monitoring performance group, the data must include
all of the in-use performance tracking data (i.e., all numerators,
denominators, the general denominator, and the ignition cycle counter),
the date the data were collected, the odometer reading, the VIN, and
the calibration ID. For model years 2013 and later, for each monitoring
performance group, the data must include all of the in-use performance
tracking data reported through SAE J1979 or SAE J1939 (both as
specified in paragraph (k)(1) of this section; i.e., all numerators,
denominators, the general denominator, and the ignition cycle counter),
the date the data were collected, the odometer reading, the VIN, and
the calibration ID.
    (v) The manufacturer must submit a plan to the Administrator that
details the types of production vehicles in each monitoring performance
group, the number of vehicles per group to be sampled, the sampling
method, the timeline to collect the data, and the reporting format. The
plan must provide for effective collection of data from, at least, 15
vehicles per monitoring performance group and provide for data that
represent a broad range of temperature conditions. The plan shall not,
by design, exclude or include specific vehicles in an attempt to
collect data only from vehicles expected to have the highest in-use
performance ratios.
    (vi) The 12 month deadline for reporting may be extended to 18
months if the manufacturer can show that the delay is justified. In
such a case, an interim report of progress to date must be submitted
within the 12 month deadline.
    (k) Standardization requirements.
    (1) Reference materials. The following documents are incorporated
by reference, see Sec.  86.1. Anyone may inspect copies at the U.S. EPA
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at U.S. EPA, NARA, or
the standard making bodies directly, refer to Sec.  86.1.
    (i) SAE J1930, Revised April 2002.
    (ii) SAE J1939, Revised October 2007.
    (iii) SAE J1939-13, Revised March 2004, for model years 2013 and later.
    (iv) SAE J1939-73, Revised September 2006.
    (v) SAE J1962, Revised April 2002, for model years 2013 and later.
    (vi) SAE J1978, Revised April 2002.
    (vii) SAE J1979, Revised May 2007.
    (viii) SAE J2012, Revised April 2002.
    (ix) SAE J2403, Revised August 2007.
    (x) ISO 15765-4:2005(E), January 15, 2005.
    (2) Diagnostic connector. For model years 2010 through 2012, the
manufacturer defined data link connector must be accessible to a
trained service technician. For model years 2013 and later, a standard
data link connector conforming to SAE J1962 (as specified in paragraph
(k)(1) of this section) or SAE J1939-13 (as specified in paragraph
(k)(1) of this section) specifications (except as provided for in
paragraph (k)(2)(iii) if this section) must be included in each vehicle.
    (i) For model years 2013 and later, the connector must be located
in the driver's side foot-well region of the vehicle interior in the
area bound by the driver's side of the vehicle and the driver's side
edge of the center console (or the vehicle centerline if the vehicle
does not have a center console) and at a location no higher than the
bottom of the steering wheel when in the lowest adjustable position.
The connector shall not be located on or in the center console (i.e.,
neither on the horizontal faces near the floor-mounted gear selector,
parking brake lever, or cup-holders nor on the vertical faces near the
car stereo, climate system, or navigation system controls). The
location of the connector shall be capable of being easily identified
and accessed (e.g., to connect an off-board tool). For vehicles
equipped with a driver's side door, the connector must be identified
and accessed easily by someone standing (or ``crouched'') on the ground
outside the driver's side of the vehicle with the driver's side door
open. The Administrator may approve an alternative location upon
request from the manufacturer. In all cases, the installation position
of the connector must be both identified and accessed easily by someone
standing outside the vehicle and protected from accidental damage
during normal vehicle use.
    (ii) For model years 2013 and later, if the connector is covered,
the cover must be removable by hand without the use of any tools and be
labeled ``OBD'' to aid technicians in identifying the location of the
connector. Access to the diagnostic connector shall not require opening
or the removal of any storage accessory (e.g., ashtray, coinbox). The
label must clearly identify that the connector is located behind the
cover and is consistent with language and/or symbols commonly used in
the automobile and/or heavy truck industry.
    (iii) For model years 2013 and later, if the ISO 15765-4:2005(E)
(as specified in paragraph (k)(1) of this section) communication
protocol is used for the required OBD standardized functions, the
connector must meet the ``Type A'' specifications of SAE J1962 (as
specified in paragraph (k)(1) of this section). Any pins in the
connector that provide electrical power must be properly fused to
protect the integrity and usefulness of the connector for diagnostic
purposes and shall not exceed 20.0 Volts DC regardless of the nominal
vehicle system or battery voltage (e.g., 12V, 24V, 42V).
    (iv) For model years 2013 and later, if the SAE J1939 (as specified
in paragraph (k)(1) of this section) protocol is used for the required
OBD standardized functions, the connector must meet the specifications
of SAE J1939-13 (as specified in paragraph (k)(1) of this section). Any
pins in the connector that provide electrical power must be properly
fused to protect the integrity and usefulness of the connector for
diagnostic purposes.
    (v) For model years 2013 and later, the manufacturer may equip
engines/vehicles with additional diagnostic connectors for
manufacturer-specific purposes (i.e., purposes other than the required
OBD functions). However, if the additional connector conforms to the
``Type A'' specifications of SAE J1962 (as specified in paragraph
(k)(1) of this section) or the specifications of SAE J1939-13 (as
specified in paragraph (k)(1) of this section) and is located in the
vehicle interior near the required connector as described in this
paragraph (k)(2), the connector(s) must be labeled clearly to identify
which connector is used to access the standardized OBD information
required by paragraph (k) of this section.
    (3) Communications to a scan tool. For model years 2013 and later,
all OBD control modules (e.g., engine, auxiliary emission control
module) on a single vehicle must use the same protocol for
communication of required emission-related messages from on-board to off-

[[Page 8397]]

board network communications to a scan tool meeting SAE J1978 (as
specified in paragraph (k)(1) of this section) specifications or
designed to communicate with an SAE J1939 (as specified in paragraph
(k)(1) of this section) network. Engine manufacturers shall not alter
normal operation of the engine emission control system due to the
presence of off-board test equipment accessing information required by
this paragraph (k). The OBD system must use one of the following
standardized protocols:
    (i) ISO 15765-4:2005(E) (as specified in paragraph (k)(1) of this
section). All required emission-related messages using this protocol
must use a 500 kbps baud rate.
    (ii) SAE J1939 (as specified in paragraph (k)(1) of this section).
This protocol may only be used on vehicles with diesel engines.
    (4) Required emission related functions. The following functions
must be implemented and must be accessible by, at a minimum, a
manufacturer scan tool. For model years 2013 and later, the following
standardized functions must be implemented in accordance with the
specifications in SAE J1979 (as specified in paragraph (k)(1) of this
section) or SAE J1939 (as specified in paragraph (k)(1) of this
section) to allow for access to the required information by a scan tool
meeting SAE J1978 (as specified in paragraph (k)(1) of this section)
specifications or designed to communicate with an SAE J1939 (as
specified in paragraph (k)(1) of this section) network:
    (i) Ready status. The OBD system must indicate, in accordance with
SAE J1979 or SAE J1939-73 (both as specified in paragraph (k)(1) of
this section) specifications for model years 2013 and later,
``complete'' or ``not complete'' for each of the installed monitored
components and systems identified in paragraphs (g), (h) with the
exception of (h)(4), and (i)(3) of this section. All components or
systems identified in paragraphs (h)(1), (h)(2), or (i)(3) of this
section that are monitored continuously must always indicate
``complete.'' Components or systems that are not subject to being
monitored continuously must immediately indicate ``complete'' upon the
respective monitor(s) being executed fully and determining that the
component or system is not malfunctioning. A component or system must
also indicate ``complete'' if, after the requisite number of decisions
necessary for determining MIL status has been executed fully, the
monitor indicates a malfunction of the component or system. The status
for each of the monitored components or systems must indicate ``not
complete'' whenever diagnostic memory has been cleared or erased by a
means other than that allowed in paragraph (b) of this section. Normal
vehicle shut down (i.e., key-off/engine-off) shall not cause the status
to indicate ``not complete.''
    (A) The manufacturer may request that the ready status for a
monitor be set to indicate ``complete'' without the monitor having
completed if monitoring is disabled for a multiple number of drive
cycles due to the continued presence of extreme operating conditions
(e.g., cold ambient temperatures, high altitudes). Any such request
must specify the conditions for monitoring system disablement and the
number of drive cycles that would pass without monitor completion
before ready status would be indicated as ``complete.''
    (B) For the evaporative system monitor, the ready status must be
set in accordance with this paragraph (k)(4)(i) when both the
functional check of the purge valve and, if applicable, the leak
detection monitor of the hole size specified in paragraph (h)(7)(ii)(B)
of this section indicate that they are complete.
    (C) If the manufacturer elects to indicate ready status through the
MIL in the key-on/engine-off position as provided for in paragraph
(b)(1)(iii) of this section, the ready status must be indicated in the
following manner: If the ready status for all monitored components or
systems is ``complete,'' the MIL shall remain continuously activated in
the key-on/engine-off position for at least 10-20 seconds. If the ready
status for one or more of the monitored components or systems is ``not
complete,'' after at least 5 seconds of operation in the key-on/engine-
off position with the MIL activated continuously, the MIL shall blink
once per second for 5-10 seconds. The data stream value for MIL status
as required in paragraph (k)(4)(ii) of this section must indicate
``commanded off'' during this sequence unless the MIL has also been
``commanded on'' for a detected malfunction.
    (ii) Data stream. For model years 2010 through 2012, the following
signals must be made available on demand through the data link
connector. For model years 2013 and later, the following signals must
be made available on demand through the standardized data link
connector in accordance with SAE J1979 or SAE J1939 (both as specified
in paragraph (k)(1) of this section) specifications. The actual signal
value must always be used instead of a limp home value. Data link
signals may report an error state or other predefined status indicator
if they are defined for those signals in the SAE J1979 or SAE J1939
(both as specified in paragraph (k)(1) of this section) specifications.
    (A) For gasoline engines.
    (1) Calculated load value, engine coolant temperature, engine
speed, vehicle speed, and time elapsed since engine start.
    (2) Absolute load, fuel level (if used to enable or disable any
other monitors), barometric pressure (directly measured or estimated),
engine control module system voltage, and commanded equivalence ratio.
    (3) Number of stored MIL-on DTCs, catalyst temperature (if directly
measured or estimated for purposes of enabling the catalyst
monitor(s)), monitor status (i.e., disabled for the rest of this drive
cycle, complete this drive cycle, or not complete this drive cycle)
since last engine shut-off for each monitor used for ready status,
distance traveled (or engine run time for engines not using vehicle
speed information) while MIL activated, distance traveled (or engine
run time for engines not using vehicle speed information) since DTC
memory last erased, and number of warm-up cycles since DTC memory last
erased, OBD requirements to which the engine is certified (e.g.,
California OBD, EPA OBD, European OBD, non-OBD) and MIL status (i.e.,
commanded-on or commanded-off).
    (B) For diesel engines.
    (1) Calculated load (engine torque as a percentage of maximum
torque available at the current engine speed), driver's demand engine
torque (as a percentage of maximum engine torque), actual engine torque
(as a percentage of maximum engine torque), reference engine maximum
torque, reference maximum engine torque as a function of engine speed
(suspect parameter numbers (SPN) 539 through 543 defined by SAE J1939
(as specified in paragraph (k)(1) of this section) within parameter
group number (PGN) 65251 for engine configuration), engine coolant
temperature, engine oil temperature (if used for emission control or
any OBD monitors), engine speed, and time elapsed since engine start.
    (2) Fuel level (if used to enable or disable any other monitors),
vehicle speed (if used for emission control or any OBD monitors),
barometric pressure (directly measured or estimated), and engine
control module system voltage.
    (3) Number of stored MIL-on DTCs, monitor status (i.e., disabled
for the rest of this drive cycle, complete this drive cycle, or not
complete this drive cycle) since last engine shut-off for each

[[Page 8398]]

monitor used for ready status, distance traveled (or engine run time
for engines not using vehicle speed information) while MIL activated,
distance traveled (or engine run time for engines not using vehicle
speed information) since DTC memory last erased, number of warm-up
cycles since DTC memory last erased, OBD requirements to which the
engine is certified (e.g., California OBD, EPA OBD, European OBD, non-
OBD), and MIL status (i.e., commanded-on or commanded-off).
    (4) NO_X NTE control area status (i.e., inside control
area, outside control area, inside manufacturer-specific NO_X
NTE carve-out area, or deficiency active area) and PM NTE control area
status (i.e., inside control area, outside control area, inside
manufacturer-specific PM NTE carve-out area, or deficiency active area).
    (5) For purposes of the calculated load and torque parameters in
paragraph (k)(4)(ii)(B)(1) of this section, manufacturers must report
the most accurate values that are calculated within the applicable
electronic control unit (e.g., the engine control module). Most
accurate, in this context, must be of sufficient accuracy, resolution,
and filtering to be used for the purposes of in-use emission testing
with the engine still in a vehicle (e.g., using portable emission
measurement equipment).
    (C) For all engines so equipped.
    (1) Absolute throttle position, relative throttle position, fuel
control system status (e.g., open loop, closed loop), fuel trim, fuel
pressure, ignition timing advance, fuel injection timing, intake air/
manifold temperature, engine intercooler temperature, manifold absolute
pressure, air flow rate from mass air flow sensor, secondary air status
(upstream, downstream, or atmosphere), ambient air temperature,
commanded purge valve duty cycle/position, commanded EGR valve duty
cycle/position, actual EGR valve duty cycle/position, EGR error between
actual and commanded, PTO status (active or not active), redundant
absolute throttle position (for electronic throttle or other systems
that utilize two or more sensors), absolute pedal position, redundant
absolute pedal position, commanded throttle motor position, fuel rate,
boost pressure, commanded/target boost pressure, turbo inlet air
temperature, fuel rail pressure, commanded fuel rail pressure, DPF
inlet pressure, DPF inlet temperature, DPF outlet pressure, DPF outlet
temperature, DPF delta pressure, exhaust pressure sensor output,
exhaust gas temperature sensor output, injection control pressure,
commanded injection control pressure, turbocharger/turbine speed,
variable geometry turbo position, commanded variable geometry turbo
position, turbocharger compressor inlet temperature, turbocharger
compressor inlet pressure, turbocharger turbine inlet temperature,
turbocharger turbine outlet temperature, waste gate valve position, and
glow plug lamp status.
    (2) Oxygen sensor output, air/fuel ratio sensor output,
NO_X sensor output, and evaporative system vapor pressure.
    (iii) Freeze frame.
    (A) For model years 2010 through 2012, ``Freeze frame'' information
required to be stored pursuant to paragraphs (b)(2)(iv), (h)(1)(iv)(D),
and (h)(2)(vi) of this section must be made available on demand through
the data link connector. For model years 2013 and later, ``Freeze
frame'' information required to be stored pursuant to paragraphs
(b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this section must be made
available on demand through the standardized data link connector in
accordance with SAE J1979 or SAE J1939-73 (both as specified in
paragraph (k)(1) of this section) specifications.
    (B) ``Freeze frame'' conditions must include the DTC that caused
the data to be stored along with all of the signals required in
paragraphs (k)(4)(ii)(A)(1) and (k)(4)(ii)(B)(1) of this section.
Freeze frame conditions must also include all of the signals required
on the engine in paragraphs (k)(4)(ii)(A)(2) and (k)(4)(ii)(B)(2) of
this section, and paragraph (k)(4)(ii)(C)(1) of this section that are
used for diagnostic or control purposes in the specific monitor or
emission-critical powertrain control unit that stored the DTC.
    (C) Only one frame of data is required to be recorded. For model
years 2010 through 2012, the manufacturer may choose to store
additional frames provided that at least the required frame can be read
by, at a minimum, a manufacturer scan tool. For model years 2013 and
later, the manufacturer may choose to store additional frames provided
that at least the required frame can be read by a scan tool meeting SAE
J1978 (as specified in paragraph (k)(1) of this section) specifications
or designed to communicate with an SAE J1939 (as specified in paragraph
(k)(1) of this section) network.
    (iv) Diagnostic trouble codes.
    (A) For model years 2010 through 2012, For all monitored components
and systems, any stored pending, MIL-on, and previous-MIL-on DTCs must
be made available through the diagnostic connector. For model years
2013 and later, all monitored components and systems, any stored
pending, MIL-on, and previous-MIL-on DTCs must be made available
through the diagnostic connector in a standardized format in accordance
with SAE J1939 (as specified in paragraph (k)(1) of this section) or
ISO 15765-4:2005(E) (as specified in paragraph (k)(1) of this section)
specifications; standardized DTCs conforming to the applicable
standardized specifications must be employed.
    (B) The stored DTC must, to the extent possible, pinpoint the
probable cause of the malfunction or potential malfunction. To the
extent feasible, the manufacturer must use separate DTCs for every
monitor where the monitor and repair procedure or probable cause of the
malfunction is different. In general, rationality and functional checks
must use different DTCs than the respective circuit integrity checks.
Additionally, to the extent possible, input component circuit integrity
checks must use different DTCs for distinct malfunctions (e.g., out-of-
range low, out-of-range high, open circuit).
    (C) The manufacturer must use appropriate standard-defined DTCs
whenever possible. With Administrator approval, the manufacturer may
use manufacturer-defined DTCs in accordance with the applicable
standard's specifications. To do so, the manufacturer must be able to
show a lack of available standard-defined DTCs, uniqueness of the
monitor or monitored component, expected future usage of the monitor or
component, and estimated usefulness in providing additional diagnostic
and repair information to service technicians. Manufacturer-defined
DTCs must be used in a consistent manner (i.e., the same DTC shall not
be used to represent two different failure modes) across a
manufacturer's entire product line.
    (D) For model years 2010 through 2012, a pending or MIL-on DTC (as
required in paragraphs (g) through (i) of this section) must be stored
and available to, at a minimum, a manufacturer scan tool within 10
seconds after a monitor has determined that a malfunction or potential
malfunction has occurred. A permanent DTC must be stored and available
to, at a minimum, a manufacturer scan tool no later than the end of an
ignition cycle in which the corresponding MIL-on DTC that caused MIL
activation has been stored. For model years 2013 and later, a pending
or MIL-on DTC (as required in paragraphs (g) through (i) of this
section) must be stored and available to an SAE J1978 (as specified in
paragraph (k)(1) of this section) or SAE J1939 (as specified in
paragraph (k)(1) of this section) scan tool within 10 seconds after a
monitor has determined that a malfunction or potential

[[Page 8399]]

malfunction has occurred. A permanent DTC must be stored and available
to an SAE J1978 (as specified in paragraph (k)(1) of this section) or
SAE J1939 (as specified in paragraph (k)(1) of this section) scan tool
no later than the end of an ignition cycle in which the corresponding
MIL-on DTC that caused MIL activation has been stored.
    (E) For model years 2010 through 2012, pending DTCs for all
components and systems (including those monitored continuously and non-
continuously) must be made available through the diagnostic connector.
For model years 2013 and later, pending DTCs for all components and
systems (including those monitored continuously and non-continuously)
must be made available through the diagnostic connector in accordance
with the applicable standard's specifications. For all model years, a
manufacturer using alternative statistical protocols for MIL activation
as allowed in paragraph (b)(2)(iii) of this section must submit the
details of their protocol for setting pending DTCs. The protocol must
be, overall, equivalent to the requirements of this paragraph
(k)(4)(iv)(E) and provide service technicians with a quick and accurate
indication of a potential malfunction.
    (F) For model years 2010 through 2012, permanent DTC for all
components and systems must be made available through the diagnostic
connector in a format that distinguishes permanent DTCs from pending
DTCs, MIL-on DTCs, and previous-MIL-on DTCs. A MIL-on DTC must be
stored as a permanent DTC no later than the end of the ignition cycle
and subsequently at all times that the MIL-on DTC is commanding the MIL
on. For model years 2013 and later, permanent DTC for all components
and systems must be made available through the diagnostic connector in
a standardized format that distinguishes permanent DTCs from pending
DTCs, MIL-on DTCs, and previous-MIL-on DTCs. A MIL-on DTC must be
stored as a permanent DTC no later than the end of the ignition cycle
and subsequently at all times that the MIL-on DTC is commanding the MIL
on. For all model years, permanent DTCs must be stored in non-volatile
random access memory (NVRAM) and shall not be erasable by any scan tool
command or by disconnecting power to the on-board computer. Permanent
DTCs must be erasable if the engine control module is reprogrammed and
the ready status described in paragraph (k)(4)(i) of this section for
all monitored components and systems are set to ``not complete.'' The
OBD system must have the ability to store a minimum of four current
MIL-on DTCs as permanent DTCs in NVRAM. If the number of MIL-on DTCs
currently commanding activation of the MIL exceeds the maximum number
of permanent DTCs that can be stored, the OBD system must store the
earliest detected MIL-on DTC as permanent DTC. If additional MIL-on
DTCs are stored when the maximum number of permanent DTCs is already
stored in NVRAM, the OBD system shall not replace any existing
permanent DTC with the additional MIL-on DTCs.
    (v) Test results.
    (A) For model years 2010 through 2012 and except as provided for in
paragraph (k)(4)(v)(G) of this section, for all monitored components
and systems identified in paragraphs (g) and (h) of this section,
results of the most recent monitoring of the components and systems and
the test limits established for monitoring the respective components
and systems must be stored and available through the data link. For
model years 2013 and later and except as provided for in paragraph
(k)(4)(v)(G) of this section, for all monitored components and systems
identified in paragraphs (g) and (h) of this section, results of the
most recent monitoring of the components and systems and the test
limits established for monitoring the respective components and systems
must be stored and available through the data link in accordance with
the standardized format specified in SAE J1979 (as specified in
paragraph (k)(1) of this section) for engines using the ISO 15765-
4:2005(E) (as specified in paragraph (k)(1) of this section) protocol
or SAE J1939 (as specified in paragraph (k)(1) of this section).
    (B) The test results must be reported such that properly
functioning components and systems (e.g., ``passing'' systems) do not
store test values outside of the established test limits. Test limits
must include both minimum and maximum acceptable values and must be
defined so that a test result equal to either test limit is a
``passing'' value, not a ``failing'' value.
    (C) For model years 2013 and later, the test results must be
standardized such that the name of the monitored component (e.g.,
catalyst bank 1) can be identified by a generic scan tool and the test
results and limits can be scaled and reported by a generic scan tool
with the appropriate engineering units.
    (D) The test results must be stored until updated by a more recent
valid test result or the DTC memory of the OBD system computer is
cleared. Upon DTC memory being cleared, test results reported for
monitors that have not yet completed with valid test results since the
last time the fault memory was cleared must report values of zero for
the test result and test limits.
    (E) All test results and test limits must always be reported and
the test results must be stored until updated by a more recent valid
test result or the DTC memory of the OBD system computer is cleared.
    (F) The OBD system must store and report unique test results for
each separate monitor.
    (G) The requirements of this paragraph (k)(4)(v) do not apply to
continuous fuel system monitoring, cold start emission reduction
strategy monitoring, and continuous circuit monitoring.
    (vi) Software calibration identification (CAL ID). On all engines,
a single software calibration identification number (CAL ID) for each
monitor or emission critical control unit(s) must be made available
through, for model years 2010 through 2012, the data link connector or,
for model years 2013 and later, the standardized data link connector in
accordance with the SAE J1979 or SAE J1939 (both as specified in
paragraph (k)(1) of this section) specifications. A unique CAL ID must
be used for every emission-related calibration and/or software set
having at least one bit of different data from any other emission-
related calibration and/or software set. Control units coded with
multiple emission or diagnostic calibrations and/or software sets must
indicate a unique CAL ID for each variant in a manner that enables an
off-board device to determine which variant is being used by the
engine. Control units that use a strategy that will result in MIL
activation if the incorrect variant is used (e.g., control units that
contain variants for manual and automatic transmissions but will
activate the MIL if the selected variant does not match the type of
transmission mated to the engine) are not required to use unique CAL
IDs. Manufacturers may request Administrator approval to respond with
more than one CAL ID per diagnostic or emission critical control unit.
Administrator approval of the request shall be based on the method used
by the manufacturer to ensure each control unit will respond to a scan
tool with the CAL IDs in order of highest to lowest priority with
regards to areas of the software most critical to emission and OBD
system performance.
    (vii) Software calibration verification number (CVN).
    (A) All engines must use an algorithm to calculate a single
calibration verification number (CVN) that verifies the on-board
computer software integrity for each monitor or emission critical
control unit that is electronically

[[Page 8400]]

reprogrammable. The CVN must be made available through, for model years
2010 through 2012, the data link connector or, for model years 2013 and
later, the standardized data link connector in accordance with the SAE
J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this
section) specifications. The CVN must indicate whether the emission-
related software and/or calibration data are valid and applicable for
the given vehicle and CAL ID. For systems having more than one CAL ID
as allowed under paragraph (k)(4)(vi) of this section, one CVN must be
made available for each CAL ID and must be output to a scan tool in the
same order as the corresponding CAL IDs. For 2010 through 2012,
manufacturers may use a default value for the CVN if their emissions
critical powertrain control modules are not programmable in the field.
For all years, manufacturers may use a default value for the CVN if
their emissions critical powertrain control modules are one-time
programmable or masked read-only memory. Any default CVN shall be
00000000 for systems designed in accordance with the SAE J1979 (as
specified in paragraph (k)(1) of this section) specifications, and
FFFFFFFFh for systems designed in accordance with the SAE J1939 (as
specified in paragraph (k)(1) of this section) specifications.
    (B) The CVN algorithm used to calculate the CVN must be of
sufficient complexity that the same CVN is difficult to achieve with
modified calibration values.
    (C) The CVN must be calculated at least once per ignition cycle and
stored until the CVN is subsequently updated. Except for immediately
after a reprogramming event or a non-volatile memory clear or for the
first 30 seconds of engine operation after a volatile memory clear or
battery disconnect, the stored value must be made available through,
for model years 2010 through 2012, the data link connector to, at a
minimum, a manufacturer scan tool or, for model years 2013 and later,
the data link connector to a generic scan tool in accordance with SAE
J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this
section) specifications. For model years 2010 through 2012, the stored
CVN value shall not be erased when DTC memory is erased or during
normal vehicle shut down (i.e., key-off/engine-off). For model years
2013 and later, the stored CVN value shall not be erased when DTC
memory is erased by a generic scan tool in accordance with SAE J1979 or
SAE J1939 (both as specified in paragraph (k)(1) of this section)
specifications or during normal vehicle shut down (i.e., key-off/engine-off).
    (D) For model years 2013 and later, the CVN and CAL ID combination
information must be available for all engines/vehicles in a
standardized electronic format that allows for off-board verification
that the CVN is valid and appropriate for a specific vehicle and CAL ID.
    (viii) Vehicle identification number (VIN).
    (A) For model years 2010 through 2012, all vehicles must have the
vehicle identification number (VIN) available through the data link
connector to, at a minimum, a manufacturer scan tool Only one
electronic control unit per vehicle may report the VIN to a scan tool.
For model years 2013 and later, all vehicles must have the vehicle
identification number (VIN) available in a standardized format through
the standardized data link connector in accordance with SAE J1979 or
SAE J1939 (both as specified in paragraph (k)(1) of this section)
specifications. Only one electronic control unit per vehicle may report
the VIN to an SAE J1978 or SAE J1939 (both as specified in paragraph
(k)(1) of this section) scan tool.
    (B) If the VIN is reprogrammable, all emission-related diagnostic
information identified in paragraph (k)(4)(ix)(A) of this section must
be erased in conjunction with reprogramming of the VIN.
    (ix) Erasure of diagnostic information.
    (A) For purposes of this paragraph (k)(4)(ix), ``emission-related
diagnostic information'' includes all of the following: ready status as
required by paragraph (k)(4)(i) of this section; data stream
information as required by paragraph (k)(4)(ii) of this section
including the number of stored MIL-on DTCs, distance traveled while MIL
activated, number of warm-up cycles since DTC memory last erased, and
distance traveled since DTC memory last erased; freeze frame
information as required by paragraph (k)(4)(iii) of this section;
pending, MIL-on, and previous-MIL-on DTCs as required by paragraph
(k)(4)(iv) of this section; and, test results as required by paragraph
(k)(4)(v) of this section.
    (B) For all engines, the emission-related diagnostic information
must be erased if commanded by any scan tool and may be erased if the
power to the on-board computer is disconnected. If any of the emission-
related diagnostic information is commanded to be erased by any scan
tool, all emission-related diagnostic information must be erased from
all diagnostic or emission critical control units. The OBD system shall
not allow a scan tool to erase a subset of the emission-related
diagnostic information (e.g., the OBD system shall not allow a scan
tool to erase only one of three stored DTCs or only information from
one control unit without erasing information from the other control unit(s)).
    (5) In-use performance ratio tracking requirements.
    (i) For each monitor required in paragraphs (g) through (i) of this
section to separately report an in-use performance ratio, manufacturers
must implement software algorithms to, for model years 2010 through
2012, report a numerator and denominator or, for model years 2013 and
later, report a numerator and denominator in the standardized format
specified in this paragraph (k)(5) in accordance with the SAE J1979 or
SAE J1939 (both as specified in paragraph (k)(1) of this section)
specifications.
    (ii) For the numerator, denominator, general denominator, and
ignition cycle counters required by paragraph (e) of this section, the
following numerical value specifications apply:
    (A) Each number shall have a minimum value of zero and a maximum
value of 65,535 with a resolution of one.
    (B) Each number shall be reset to zero only when a non-volatile
random access memory (NVRAM) reset occurs (e.g., reprogramming event)
or, if the numbers are stored in keep-alive memory (KAM), when KAM is
lost due to an interruption in electrical power to the control unit
(e.g., battery disconnect). Numbers shall not be reset to zero under
any other circumstances including when a scan tool command to clear
DTCs or reset KAM is received.
    (C) To avoid overflow problems, if either the numerator or
denominator for a specific component reaches the maximum value of
65,535 &plusmn;2, both numbers shall be divided by two before
either is incremented again.
    (D) To avoid overflow problems, if the ignition cycle counter
reaches the maximum value of 65,535 &plusmn;2, the ignition cycle
counter shall rollover and increment to zero on the next ignition cycle.
    (E) To avoid overflow problems, if the general denominator reaches
the maximum value of 65,535 &plusmn;2, the general denominator
shall rollover and increment to zero on the next drive cycle that meets
the general denominator definition.
    (F) If a vehicle is not equipped with a component (e.g., oxygen
sensor bank 2, secondary air system), the corresponding numerator and
denominator for that specific

[[Page 8401]]

component shall always be reported as zero.
    (iii) For the ratio required by paragraph (e) of this section, the
following numerical value specifications apply:
    (A) The ratio shall have a minimum value of zero and a maximum
value of 7.99527 with a resolution of 0.000122.
    (B) The ratio for a specific component shall be considered to be
zero whenever the corresponding numerator is equal to zero and the
corresponding denominator is not zero.
    (C) The ratio for a specific component shall be considered to be
the maximum value of 7.99527 if the corresponding denominator is zero
or if the actual value of the numerator divided by the denominator
exceeds the maximum value of 7.99527.
    (6) Engine run time tracking requirements.
    (i) For all gasoline and diesel engines, the manufacturer must
implement software algorithms to, for model years 2010 through 2012,
track and report individually or, for model years 2013 and later, track
and report individually in a standardized format the amount of time the
engine has been operated in the following conditions:
    (A) Total engine run time.
    (B) Total idle run time (with ``idle'' defined as accelerator pedal
released by the driver, engine speed less than or equal to 200 rpm
above normal warmed-up idle (as determined in the drive position for
vehicles equipped with an automatic transmission) or vehicle speed less
than or equal to one mile per hour, and power take-off not active).
    (C) Total run time with power take off active.
    (ii) For each counter specified in paragraph (k)(6)(i) of this
section, the following numerical value specifications apply:
    (A) Each number shall be a four-byte value with a minimum value of
zero, a resolution of one second per bit, and an accuracy of +/- ten
seconds per drive cycle.
    (B) Each number shall be reset to zero only when a non-volatile
memory reset occurs (e.g., reprogramming event). Numbers shall not be
reset to zero under any other circumstances including when a scan tool
(generic or enhanced) command to clear fault codes or reset KAM is received.
    (C) To avoid overflow problems, if any of the individual counters
reach the maximum value, all counters shall be divided by two before
any are incremented again.
    (D) For model years 2010 through 2012, the counters shall be made
available to, at a minimum, a manufacturer scan tool and may be
rescaled when transmitted from a resolution of one second per bit to no
more than three minutes per bit. For model years 2013 and later, the
counters shall be made available to a generic scan tool in accordance
with the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1)
of this section) specifications and may be rescaled when transmitted,
if required by the SAE specifications, from a resolution of one second
per bit to no more than three minutes per bit.
    (7) For 2019 and subsequent model year alternative-fueled engines
derived from a diesel-cycle engine, a manufacturer may meet the
standardization requirements of paragraph (k) of this section that are
applicable to diesel engines rather than the requirements applicable to
gasoline engines.
    (l) Monitoring system demonstration requirements for certification.
    (1) General.
    (i) The manufacturer must submit emissions test data from one or
more durability demonstration test engines (test engines).
    (ii) The Administrator may approve other demonstration protocols if
the manufacturer can provide comparable assurance that the malfunction
criteria are chosen based on meeting the malfunction criteria
requirements and that the timeliness of malfunction detection is within
the constraints of the applicable monitoring requirements.
    (iii) For flexible fuel engines capable of operating on more than
one fuel or fuel combinations, the manufacturer must submit a plan for
providing emission test data. The plan must demonstrate that testing
will represent properly the expected in-use fuel or fuel combinations.
    (2) Selection of test engines.
    (i) Prior to submitting any applications for certification for a
model year, the manufacturer must notify the Administrator regarding
the planned engine families and engine ratings within each family for
that model year. The Administrator will select the engine family(ies)
and the specific engine rating within the engine family(ies) that the
manufacturer shall use as demonstration test engines. The selection of
test vehicles for production evaluation testing as specified in paragraph
(j)(2) of this section may take place during this selection process.
    (ii) For model years 2010 through 2012. The manufacturer must
provide emissions test data from the OBD parent rating as defined in
paragraph (o)(1) of this section.
    (iii) For model years 2013 and later.
    (A) A manufacturer certifying one to five engine families in a
given model year must provide emissions test data for a single test
engine from one engine rating. A manufacturer certifying six to ten
engine families in a given model year must provide emissions test data
for a single test engine from two different engine ratings. A
manufacturer certifying eleven or more engine families in a given model
year must provide emissions test data for a single test engine from
three different engine ratings. A manufacturer may forego submittal of
test data for one or more of these test engines if data have been
submitted previously for all of the engine ratings and/or if all
requirements for certification carry-over from one model year to the
next are satisfied.
    (B) For a given model year, a manufacturer may elect to provide
emissions data for test engines from more engine ratings than required
by paragraph (l)(2)(iii)(A) of this section. For each additional engine
rating tested in that given model year, the number of engine ratings
required for testing in one future model year will be reduced by one.
    (iv) For the test engine, the manufacturer must use an engine
(excluding aftertreatment devices) aged for a minimum of 125 hours
fitted with exhaust aftertreatment emission controls aged to be
representative of useful life aging. In the event that an accelerated
aging procedure is used, the manufacturer is required to submit a
description of the accelerated aging process and/or supporting data or
use the accelerated aging procedure used for emission certification
deterioration factor generation. The process and/or data must
demonstrate that deterioration of the exhaust aftertreatment emission
controls is stabilized sufficiently such that it represents emission
control performance at the end of the useful life.
    (3) Required testing. Except as otherwise described in this
paragraph (l)(3), the manufacturer must perform single malfunction
testing based on the applicable test with the components/systems set at
their malfunction criteria limits as determined by the manufacturer for
meeting the emissions thresholds required in paragraphs (g), (h), and
(i) of this section.
    (i) Required testing for diesel-fueled/compression ignition engines.
    (A) Fuel system. The manufacturer must perform a separate test for
each malfunction limit established by the manufacturer for the fuel
system parameters (e.g., fuel pressure, injection timing) specified in
paragraphs (g)(1)(ii)(A) through (g)(1)(ii)(C) and/or

[[Page 8402]]

(g)(1)(ii)(D) of this section, if applicable, of this section. When
performing a test for a specific parameter, the fuel system must be
operating at the malfunction criteria limit for the applicable
parameter only. All other parameters must be operating with normal
characteristics. In conducting the fuel system demonstration tests, the
manufacturer may use computer modifications to cause the fuel system to
operate at the malfunction limit if the manufacturer can demonstrate
that the computer modifications produce test results equivalent to an
induced hardware malfunction.
    (B) Engine misfire. For model years 2013 and later, the
manufacturer must perform a test at the malfunction limit established
by the manufacturer for the monitoring required by paragraph
(g)(2)(ii)(B) of this section.
    (C) EGR system. The manufacturer must perform a separate test for
each malfunction limit established by the manufacturer for the EGR
system parameters (e.g., low flow, high flow, slow response) specified
in paragraphs (g)(3)(ii)(A) through (g)(3)(ii)(C) and in (g)(3)(ii)(E)
of this section. In conducting the EGR system slow response
demonstration tests, the manufacturer may use computer modifications to
cause the EGR system to operate at the malfunction limit if the
manufacturer can demonstrate that the computer modifications produce
test results equivalent to an induced hardware malfunction.
    (D) Turbo boost control system. The manufacturer must perform a
separate test for each malfunction limit established by the
manufacturer for the turbo boost control system parameters (e.g.,
underboost, overboost, response) specified in paragraphs (g)(4)(ii)(A)
through (g)(4)(ii)(C) and in (g)(4)(ii)(E) of this section.
    (E) NMHC catalyst. The manufacturer must perform a separate test
for each monitored NMHC catalyst(s). The catalyst(s) being evaluated
must be deteriorated to the applicable malfunction limit established by
the manufacturer for the monitoring required by paragraph (g)(5)(ii)(A)
of this section and using methods established by the manufacturer in
accordance with paragraph (l)(7) of this section. For each monitored
NMHC catalyst(s), the manufacturer must also demonstrate that the OBD
system will detect a catalyst malfunction with the catalyst at its
maximum level of deterioration (i.e., the substrate(s) completely
removed from the catalyst container or ``empty'' can). Emissions data
are not required for the empty can demonstration.
    (F) NOX catalyst. The manufacturer must perform a separate test for
each monitored NOX catalyst(s) (e.g., SCR catalyst). The catalyst(s)
being evaluated must be deteriorated to the applicable malfunction
criteria established by the manufacturer for the monitoring required by
paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(B) of this section and using
methods established by the manufacturer in accordance with paragraph
(l)(7) of this section. For each monitored NOX catalyst(s), the
manufacturer must also demonstrate that the OBD system will detect a
catalyst malfunction with the catalyst at its maximum level of
deterioration (i.e., the substrate(s) completely removed from the
catalyst container or ``empty'' can). Emissions data are not required
for the empty can demonstration.
    (G) NOX adsorber. The manufacturer must perform a test using a NOX
adsorber(s) deteriorated to the applicable malfunction limit
established by the manufacturer for the monitoring required by
paragraph (g)(7)(ii)(A) of this section. The manufacturer must also
demonstrate that the OBD system will detect a NOX adsorber malfunction
with the NOX adsorber at its maximum level of deterioration (i.e., the
substrate(s) completely removed from the container or ``empty'' can).
Emissions data are not required for the empty can demonstration.
    (H) Diesel particulate filter. The manufacturer must perform a
separate test using a DPF deteriorated to the applicable malfunction
limits established by the manufacturer for the monitoring required by
paragraph (g)(8)(ii)(A) and (g)(8)(ii)(B) of this section. For systems
using the optional DPF monitoring provision of paragraph (g)(8)(ii)(A)
of this section, the manufacturer must perform a separate test using a
DPF modified in a manner approved by the Administrator (e.g., drilling
of wallflow channel end plugs, drilling of through holes, etc.) and
testing at each of the nine test points specified in paragraph
(g)(8)(ii)(A) of this section. The manufacturer must also demonstrate
that the OBD system will detect a DPF malfunction with the DPF at its
maximum level of deterioration (i.e., the filter(s) completely removed
from the filter container or ``empty'' can). Emissions data are not
required for the empty can demonstration.
    (I) Exhaust gas sensor. The manufacturer must perform a separate
test for each malfunction limit established by the manufacturer for the
monitoring required in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and
(g)(9)(iv)(A) of this section. When performing a test, all exhaust gas
sensors used for the same purpose (e.g., for the same feedback control
loop, for the same control feature on parallel exhaust banks) must be
operating at the malfunction criteria limit for the applicable
parameter only. All other exhaust gas sensor parameters must be
operating with normal characteristics.
    (J) VVT system. The manufacturer must perform a separate test for
each malfunction limit established by the manufacturer for the
monitoring required in paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of
this section. In conducting the VVT system demonstration tests, the
manufacturer may use computer modifications to cause the VVT system to
operate at the malfunction limit if the manufacturer can demonstrate
that the computer modifications produce test results equivalent to an
induced hardware malfunction.
    (K) For each of the testing requirements of this paragraph
(l)(3)(i) of this section, if the manufacturer has established that
only a functional check is required because no failure or deterioration
of the specific tested system could result in an engine's emissions
exceeding the applicable emissions thresholds, the manufacturer is not
required to perform a demonstration test; however, the manufacturer is
required to provide the data and/or engineering analysis used to
determine that only a functional test of the system(s) is required.
    (ii) Required testing for gasoline-fueled/spark-ignition engines.
    (A) Fuel system. For engines with adaptive feedback based on the
primary fuel control sensor(s), the manufacturer must perform a test
with the adaptive feedback based on the primary fuel control sensor(s)
at the rich limit(s) and a test at the lean limit(s) established by the
manufacturer as required by paragraph (h)(1)(ii)(A) of this section to
detect a malfunction before emissions exceed applicable emissions
thresholds. For engines with feedback based on a secondary fuel control
sensor(s) and subject to the malfunction criteria in paragraph
(h)(1)(ii)(A) of this section, the manufacturer must perform a test
with the feedback based on the secondary fuel control sensor(s) at the
rich limit(s) and a test at the lean limit(s) established by the
manufacturer as required by paragraph (h)(1)(ii)(A) of this section to
detect a malfunction before emissions exceed the applicable emissions
thresholds. For other fuel metering or control systems, the
manufacturer must perform a test at the criteria limit(s). For purposes
of fuel system testing as required by this

[[Page 8403]]

paragraph (l)(3)(ii)(A), the malfunction(s) induced may result in a
uniform distribution of fuel and air among the cylinders. Non uniform
distribution of fuel and air used to induce a malfunction shall not
cause misfire. In conducting the fuel system demonstration tests, the
manufacturer may use computer modifications to cause the fuel system to
operate at the malfunction limit. To do so, the manufacturer must be
able to demonstrate that the computer modifications produce test
results equivalent to an induced hardware malfunction.
    (B) Misfire. The manufacturer must perform a test at the
malfunction criteria limit specified in paragraph (h)(2)(ii)(B) of this
section.
    (C) EGR system. The manufacturer must perform a test at each flow
limit calibrated to the malfunction criteria specified in paragraphs
(h)(3)(ii)(A) and (h)(3)(ii)(B) of this section.
    (D) Cold start emission reduction strategy. The manufacturer must
perform a test at the malfunction criteria for each component monitored
according to paragraph (h)(4)(ii)(A) of this section.
    (E) Secondary air system. The manufacturer must perform a test at
each flow limit calibrated to the malfunction criteria specified in
paragraphs (h)(5)(ii)(A) and (h)(5)(ii)(B) of this section.
    (F) Catalyst. The manufacturer must perform a test using a catalyst
system deteriorated to the malfunction criteria specified in paragraph
(h)(6)(ii) of this section using methods established by the
manufacturer in accordance with paragraph (l)(7)(ii) of this section.
The manufacturer must also demonstrate that the OBD system will detect
a catalyst system malfunction with the catalyst system at its maximum
level of deterioration (i.e., the substrate(s) completely removed from
the catalyst container or ``empty'' can). Emission data are not
required for the empty can demonstration.
    (G) Exhaust gas sensor. The manufacturer must perform a test with
all primary exhaust gas sensors used for fuel control simultaneously
possessing a response rate deteriorated to the malfunction criteria
limit specified in paragraph (h)(8)(ii)(A) of this section. The
manufacturer must also perform a test for any other primary or
secondary exhaust gas sensor parameter under parargraphs (h)(8)(ii)(A)
and (h)(8)(iii)(A) of this section that can cause engine emissions to
exceed the applicable emissions thresholds (e.g., shift in air/fuel
ratio at which oxygen sensor switches, decreased amplitude). When
performing additional test(s), all primary and secondary (if
applicable) exhaust gas sensors used for emission control must be
operating at the malfunction criteria limit for the applicable
parameter only. All other primary and secondary exhaust gas sensor
parameters must be operating with normal characteristics.
    (H) VVT system. The manufacturer must perform a test at each target
error limit and slow response limit calibrated to the malfunction
criteria specified in paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of
this section. In conducting the VVT system demonstration tests, the
manufacturer may use computer modifications to cause the VVT system to
operate at the malfunction limit. To do so, the manufacturer must be
able to demonstrate that the computer modifications produce test
results equivalent to an induced hardware malfunction.
    (I) For each of the testing requirements of this paragraph
(l)(3)(ii), if the manufacturer has established that only a functional
check is required because no failure or deterioration of the specific
tested system could cause an engine's emissions to exceed the
applicable emissions thresholds, the manufacturer is not required to
perform a demonstration test; however the manufacturer is required to
provide the data and/or engineering analyses used to determine that
only a functional test of the system(s) is required.
    (iii) Required testing for all engines.
    (A) Other emission control systems. The manufacturer must conduct
demonstration tests for all other emission control components (e.g.,
hydrocarbon traps, adsorbers) designed and calibrated to a malfunction
limit based on an emissions threshold based on the requirements of
paragraph (i)(4) of this section.
    (B) For each of the testing requirements of paragraph
(l)(3)(iii)(A) of this section, if the manufacturer has established
that only a functional check is required because no failure or
deterioration of the specific tested system could result in an engine's
emissions exceeding the applicable emissions thresholds, the
manufacturer is not required to perform a demonstration test; however,
the manufacturer is required to provide the data and/or engineering
analysis used to determine that only a functional test of the system(s)
is required.
    (iv) The manufacturer may electronically simulate deteriorated
components but shall not make any engine control unit modifications
when performing demonstration tests unless approved by the
Administrator. All equipment necessary to duplicate the demonstration
test must be made available to the Administrator upon request.
    (4) Testing protocol.
    (i) Preconditioning. The manufacturer must use an applicable cycle
for preconditioning test engines prior to conducting each of the
emission tests required by paragraph (l)(3) of this section. The
manufacturer may perform a single additional preconditioning cycle,
identical to the initial one, after a 20-minute hot soak but must
demonstrate that such an additional cycle is necessary to stabilize the
emissions control system. A practice of requiring a cold soak prior to
conducting preconditioning cycles is not permitted.
    (ii) Test sequence.
    (A) The manufacturer must set individually each system or component
on the test engine at the malfunction criteria limit prior to
conducting the applicable preconditioning cycle(s). If a second
preconditioning cycle is permitted in accordance with paragraph
(l)(4)(i) of this section, the manufacturer may adjust the system or
component to be tested before conducting the second preconditioning
cycle. The manufacturer shall not replace, modify, or adjust the system
or component after the last preconditioning cycle has been completed.
    (B) After preconditioning, the test engine must be operated over
the applicable cycle to allow for the initial detection of the tested
system or component malfunction. This test cycle may be omitted from
the testing protocol if it is unnecessary. If required by the
monitoring strategy being tested, a cold soak may be performed prior to
conducting this test cycle.
    (C) The test engine must then be operated over the applicable
exhaust emissions test.
    (iii) A manufacturer required to test more than one test engine
according to paragraph (l)(2)(iii) of this section may use internal
calibration sign-off test procedures (e.g., forced cool downs, less
frequently calibrated emission analyzers) instead of official test
procedures to obtain the emission test data required by this paragraph
(l) of this section for all but one of the required test engines. The
manufacturer may elect this option if the data from the alternative
test procedure are representative of official emissions test results. A
manufacturer using this option is still responsible for meeting the
malfunction criteria specified in paragraphs (g) through (i) of this
section if and when emissions tests are

[[Page 8404]]

performed in accordance with official test procedures.
    (iv) The manufacturer may request approval to use an alternative
testing protocol for demonstration of MIL activation if the engine
dynamometer emission test cycle does not allow all of a given monitor's
enable conditions to be satisfied. The manufacturer may request the use
of an alternative engine dynamometer test cycle or the use of chassis
testing to demonstrate proper MIL activation. To do so, the
manufacturer must demonstrate the technical necessity for using an
alternative test cycle and the degree to which the alternative test
cycle demonstrates that in-use operation with the malfunctioning
component will result in proper MIL activation.
    (5) Evaluation protocol. Full OBD engine ratings, as defined by
paragraph (o)(1) of this section, shall be evaluated according to the
following protocol:
    (i) For all tests conducted as required by paragraph (l) of this
section, the MIL must activate before the end of the first engine start
portion of the applicable test.
    (ii) If the MIL activates prior to emissions exceeding the
applicable malfunction criteria limits specified in paragraphs (g)
through (i), no further demonstration is required. With respect to the
misfire monitor demonstration test, if the manufacturer has elected to
use the minimum misfire malfunction criteria of one percent as allowed
in paragraphs (g)(2)(ii)(B), if applicable, and (h)(2)(ii)(B) of this
section, no further demonstration is required provided the MIL
activates with engine misfire occurring at the malfunction criteria limit.
    (iii) If the MIL does not activate when the system or component is
set at its malfunction criteria limit(s), the criteria limit(s) or the
OBD system is not acceptable.
    (A) Except for testing of the catalyst or DPF system, if the MIL
first activates after emissions exceed the applicable malfunction
criteria specified in paragraphs (g) through (i) of this section, the
test engine shall be retested with the tested system or component
adjusted so that the MIL will activate before emissions exceed the
applicable malfunction criteria specified in paragraphs (g) through (i)
of this section. If the component cannot be so adjusted because an
alternative fuel or emission control strategy is used when a
malfunction is detected (e.g., open loop fuel control used after an
oxygen sensor malfunction is detected), the test engine shall be
retested with the component adjusted to the worst acceptable limit
(i.e., the applicable OBD monitor indicates that the component is
performing at or slightly better than the malfunction criteria limit).
When tested with the component so adjusted, the MIL must not activate
during the test and the engine emissions must be below the applicable
malfunction criteria specified in paragraphs (g) through (i) of this section.
    (B) In testing the catalyst or DPF system, if the MIL first
activates after emissions exceed the applicable emissions threshold(s)
specified in paragraphs (g) and (h), the tested engine shall be
retested with a less deteriorated catalyst or DPF system (i.e., more of
the applicable engine out pollutants are converted or trapped). For the
OBD system to be approved, testing shall be continued until the MIL
activates with emissions below the applicable thresholds of paragraphs
(g) and (h) of this section, or the MIL activates with emissions within
a range no more than 20 percent below the applicable emissions
thresholds and 10 percent or less above those emissions thresholds.
    (iv) If an OBD system is determined to be unacceptable by the
criteria of this paragraph (l)(5) of this section, the manufacturer may
recalibrate and retest the system on the same test engine. In such a
case, the manufacturer must confirm, by retesting, that all systems and
components that were tested prior to the recalibration and are affected
by it still function properly with the recalibrated OBD system.
    (6) Confirmatory testing.
    (i) The Administrator may perform confirmatory testing to verify
the emission test data submitted by the manufacturer as required by
this paragraph (l) of this section comply with its requirements and the
malfunction criteria set forth in paragraphs (g) through (i) of this
section. Such confirmatory testing is limited to the test engine(s)
required by paragraph (l)(2) of this section.
    (ii) To conduct this confirmatory testing, the Administrator may
install appropriately deteriorated or malfunctioning components (or
simulate them) in an otherwise properly functioning test engine of an
engine rating represented by the demonstration test engine in order to
test any of the components or systems required to be tested by
paragraph (l) of this section. The manufacturer shall make available,
if requested, an engine and all test equipment (e.g., malfunction
simulators, deteriorated components) necessary to duplicate the
manufacturer's testing. Such a request from the Administrator shall
occur within six months of reviewing and approving the demonstration
test engine data submitted by the manufacturer for the specific engine
rating.
    (7) Catalyst aging.
    (i) Diesel catalysts. For purposes of determining the catalyst
malfunction limits for the monitoring required by paragraphs
(g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this section, where
those catalysts are monitored individually, the manufacturer must use a
catalyst deteriorated to the malfunction criteria using methods
established by the manufacturer to represent real world catalyst
deterioration under normal and malfunctioning engine operating
conditions. For purposes of determining the catalyst malfunction limits
for the monitoring required by paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B),
and (g)(6)(ii)(A) of this section, where those catalysts are monitored
in combination with other catalysts, the manufacturer must submit their
catalyst system aging and monitoring plan to the Administrator as part
of their certification documentation package. The plan must include the
description, emission control purpose, and location of each component,
the monitoring strategy for each component and/or combination of
components, and the method for determining the applicable malfunction
criteria including the deterioration/aging process.
    (ii) Gasoline catalysts. For the purposes of determining the
catalyst system malfunction criteria in paragraph (h)(6)(ii) of this
section, the manufacturer must use a catalyst system deteriorated to
the malfunction criteria using methods established by the manufacturer
to represent real world catalyst deterioration under normal and
malfunctioning operating conditions. The malfunction criteria must be
established by using a catalyst system with all monitored and
unmonitored (downstream of the sensor utilized for catalyst monitoring)
catalysts simultaneously deteriorated to the malfunction criteria
except for those engines that use fuel shutoff to prevent over-fueling
during engine misfire conditions. For such engines, the malfunction
criteria must be established by using a catalyst system with all
monitored catalysts simultaneously deteriorated to the malfunction
criteria while unmonitored catalysts shall be deteriorated to the end
of the engine's useful life.
    (m) Certification documentation requirements.
    (1) When submitting an application for certification of an engine,
the manufacturer must submit the following documentation. If any of the
items listed here are standardized for all of the manufacturer's engines, the

[[Page 8405]]

manufacturer may, for each model year, submit one set of documents
covering the standardized items for all of its engines.
    (i) For the required documentation that is not standardized across
all engines, the manufacturer may be allowed to submit documentation
for certification from one engine that is representative of other
engines. All such engines shall be considered to be part of an OBD
certification documentation group. To represent the OBD group, the
chosen engine must be certified to the most stringent emissions
standards and OBD monitoring requirements and cover all of the
emissions control devices for the engines in the group and covered by
the submitted documentation. Such OBD groups must be approved in
advance of certification.
    (ii) Upon approval, one or more of the documentation requirements
of this paragraph (m) of this section may be waived or modified if the
information required is redundant or unnecessarily burdensome to generate.
    (iii) To the extent possible, the certification documentation must
use SAE J1930 (as specified in paragraph (k)(1) of this section) or SAE
J2403 (as specified in paragraph (k)(1) of this section) terms,
abbreviations, and acronyms as specified in paragraph (k)(1) of this
section.
    (2) Unless otherwise specified, the following information must be
submitted as part of the certification application and prior to
receiving a certificate.
    (i) A description of the functional operation of the OBD system
including a complete written description for each monitoring strategy
that outlines every step in the decision-making process of the monitor.
Algorithms, diagrams, samples of data, and/or other graphical
representations of the monitoring strategy shall be included where
necessary to adequately describe the information.
    (ii) A table including the following information for each monitored
component or system (either computer-sensed or computer-controlled) of
the emissions control system:
    (A) Corresponding diagnostic trouble code.
    (B) Monitoring method or procedure for malfunction detection.
    (C) Primary malfunction detection parameter and its type of output signal.
    (D) Malfunction criteria limits used to evaluate output signal of
primary parameter.
    (E) Other monitored secondary parameters and conditions (in
engineering units) necessary for malfunction detection.
    (F) Monitoring time length and frequency of monitoring events.
    (G) Criteria for storing a diagnostic trouble code.
    (H) Criteria for activating a malfunction indicator light.
    (I) Criteria used for determining out-of-range values and input
component rationality checks.
    (iii) Whenever possible, the table required by paragraph (m)(2)(ii)
of this section shall use the following engineering units:
    (A) Degrees Celsius for all temperature criteria.
    (B) KiloPascals (KPa) for all pressure criteria related to manifold
or atmospheric pressure.
    (C) Grams (g) for all intake air mass criteria.
    (D) Pascals (Pa) for all pressure criteria related to evaporative
system vapor pressure.
    (E) Miles per hour (mph) for all vehicle speed criteria.
    (F) Relative percent (%) for all relative throttle position
criteria (as defined in SAE J1979 or SAE J1939 (both as specified in
paragraph (k)(1) of this section)).
    (G) Voltage (V) for all absolute throttle position criteria (as
defined in SAE J1979 or SAE J1939 (both as specified in paragraph
(k)(1) of this section)).
    (H) Per crankshaft revolution (/rev) for all changes per ignition
event based criteria (e.g., g/rev instead of g/stroke or g/firing).
    (I) Per second (/sec) for all changes per time based criteria
(e.g., g/sec).
    (J) Percent of nominal tank volume (%) for all fuel tank level criteria.
    (iv) A logic flowchart describing the step-by-step evaluation of
the enable criteria and malfunction criteria for each monitored
emission related component or system.
    (v) Emissions test data, a description of the testing sequence
(e.g., the number and types of preconditioning cycles), approximate
time (in seconds) of MIL activation during the test, diagnostic trouble
code(s) and freeze frame information stored at the time of detection,
corresponding test results (e.g. SAE J1979 (as specified in paragraph
(k)(1) of this section) Mode/Service $06, SAE J1939 (as specified in
paragraph (k)(1) of this section) Diagnostic Message 8 (DM8)) stored
during the test, and a description of the modified or deteriorated
components used for malfunction simulation with respect to the
demonstration tests specified in paragraph (l) of this section. The
freeze frame data are not required for engines termed ``Extrapolated
OBD'' engines.
    (vi) For gasoline engines, data supporting the misfire monitor, including:
    (A) The established percentage of misfire that can be tolerated
without damaging the catalyst over the full range of engine speed and
load conditions.
    (B) Data demonstrating the probability of detection of misfire
events by the misfire monitoring system over the full engine speed and
load operating range for the following misfire patterns: random
cylinders misfiring at the malfunction criteria established in
paragraph (h)(2)(ii)(B) of this section, one cylinder continuously
misfiring, and paired cylinders continuously misfiring.
    (C) Data identifying all disablement of misfire monitoring that
occurs during the FTP. For every disablement that occurs during the
cycles, the data shall identify: when the disablement occurred relative
to the driver's trace, the number of engine revolutions during which
each disablement was present, and which disable condition documented in
the certification application caused the disablement.
    (D) Manufacturers are not required to use the durability
demonstration engine to collect the misfire data required by paragraph
(m)(2)(vi) of this section.
    (vii) Data supporting the limit for the time between engine
starting and attaining the designated heating temperature for after-
start heated catalyst systems.
    (viii) Data supporting the criteria used to detect a malfunction of
the fuel system, EGR system, boost pressure control system, catalyst,
NO_X adsorber, DPF, cold start emission reduction strategy,
secondary air, evaporative system, VVT system, exhaust gas sensors, and
other emission controls that causes emissions to exceed the applicable
malfunction criteria specified in paragraphs (g) through (i) of this
section. For diesel engine monitors required by paragraphs (g) and (i)
of this section that are required to indicate a malfunction before
emissions exceed an emission threshold based on any applicable standard
(e.g., 2.5 times any of the applicable standards), the test cycle and
standard determined by the manufacturer to be the most stringent for
each applicable monitor in accordance with paragraph (f)(1) of this section.
    (ix) A list of all electronic powertrain input and output signals
(including those not monitored by the OBD system) that identifies which
signals are monitored by the OBD system. For input and output signals
that are monitored as comprehensive components, the listing shall also
identify the specific

[[Page 8406]]

diagnostic trouble code for each malfunction criteria (e.g., out-of-
range low, out-of-range high, open circuit, rationality low,
rationality high).
    (x) A written description of all parameters and conditions
necessary to begin closed-loop/feedback control of emission control
systems (e.g., fuel system, boost pressure, EGR flow, SCR reductant
delivery, DPF regeneration, fuel system pressure).
    (xi) A written identification of the communication protocol
utilized by each engine for communication with a scan tool (model years
2010 through 2012) or an SAE J1978 or SAE J1939 (both as specified in
paragraph (k)(1) of this section) scan tool (model years 2013 and later).
    (xii) For model years 2013 and later, a pictorial representation or
written description of the diagnostic connector location including any
covers or labels.
    (xiii) A written description of the method used by the manufacturer
to meet the requirements of paragraph (i)(2) of this section (crankcase
ventilation system monitoring) including diagrams or pictures of valve
and/or hose connections.
    (xiv) Build specifications provided to engine purchasers or chassis
manufacturers detailing all specifications or limitations imposed on
the engine purchaser relevant to OBD requirements or emissions
compliance (e.g., cooling system heat rejection rates, allowable MIL
locations, connector location specifications). A description of the
method or copies of agreements used to ensure engine purchasers or
chassis manufacturers will comply with the OBD and emissions relevant
build specifications (e.g., signed agreements, required audit/
evaluation procedures).
    (xv) Any other information determined by the Administrator to be
necessary to demonstrate compliance with the requirements of this section.
    (3) In addition to the documentation required by paragraphs (m)(1)
and (m)(2) of this section, a manufacturer making use of paragraph
(a)(5) of this section must submit the following information with their
application for certification.
    (i) A detailed description of how the OBD system meets the intent
of Sec.  86.010-18.
    (ii) A detailed description of why the manufacturer has chosen not
to design the OBD system to meet the requirements of Sec.  86.010-18
and has instead designed the OBD system to meet the applicable
California OBD requirements.
    (iii) A detailed description of any deficiencies granted by the
California staff and any concerns raised by California staff. A copy of
a California Executive Order alone will not be considered acceptable
toward meeting this requirement. This description shall also include,
to the extent feasible, a plan with timelines for resolving
deficiencies and/or concerns.
    (n) Deficiencies.
    (1) 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 is 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 shall not be
carried over from the previous model year except where unreasonable
hardware or software modifications are 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,
air-fuel ratio sensor, NO_X sensor, engine misfire,
evaporative leaks, and diesel EGR, if equipped), with the possible
exception of the special provisions for alternative fueled engines. For
alternative fueled heavy-duty engines (e.g., natural gas, liquefied
petroleum gas, methanol, ethanol), 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
alternative fuel. At a minimum, alternative fuel engines must be
equipped with an OBD system meeting OBD requirements to the extent
feasible as approved by the Administrator.
    (2) In the event the manufacturer seeks to carry-over a deficiency
from a past model year to the current model year, the manufacturer must
re-apply for approval to do so. In considering the request to carry-
over a deficiency, the Administrator shall consider the manufacturer's
progress towards correcting the deficiency. The Administrator may not
allow manufacturers to carry over monitoring system deficiencies for
more than two model years unless it can be demonstrated that
substantial engine hardware modifications and additional lead time
beyond two years are necessary to correct the deficiency.
    (3) A deficiency shall not be granted retroactively (i.e., after
the engine has been certified).
    (o) Implementation schedule. Except as specifically provided for in
this paragraph (o) for small volume manufacturers and alternative
fueled engines, the requirements of this section must be met according
to the following provisions:
    (1) For model years 2010 through 2012.
    (i) Full OBD. The manufacturer must implement an OBD system meeting
the applicable requirements of Sec.  86.010-18 on one engine rating
within one engine family of the manufacturer's product line. This
``Full OBD'' rating will be known as the ``OBD parent'' rating. The OBD
parent rating must be chosen, unless otherwise approved by the
Administrator, as the rating having the highest weighted projected U.S.
sales within the engine family having the highest weighted projected
U.S. sales, with U.S. sales being weighted by the useful life of the
engine rating.
    (ii) Extrapolated OBD. For all other engine ratings within the
engine family from which the OBD parent rating has been selected, the
manufacturer must implement an OBD system meeting the applicable
requirements of Sec.  86.010-18 except that the OBD system is not
required to detect a malfunction prior to exceeding the emission
thresholds shown in Table 1 of paragraph (g) and Table 2 of paragraph
(h) of this section. These ``Extrapolated OBD'' engines will be know as
the ``OBD child'' ratings. On these OBD child ratings, rather than
detecting a malfunction prior to exceeding the emission thresholds, the
manufacturer must submit a plan for Administrator review and approval
that details the engineering evaluation the manufacturer will use to
establish the malfunction criteria for the OBD child ratings. The plan
must demonstrate both the use of good engineering judgment in
establishing the malfunction criteria, and robust detection of
malfunctions, including consideration of differences of base engine,
calibration, emission control components, and emission control strategies.
    (iii) Engine families other than those from which the parent and
child ratings have been selected, are not subject to the requirements
of this section.
    (iv) Small volume manufacturers, as defined in Sec.  86.094-
14(b)(1) and (2) and as determined using 2010 model year sales, are
exempt from the requirements of this Sec.  86.010-18, unless model year
2011 or model year 2012 sales exceed 20,000 units.

[[Page 8407]]

    (v) Engines certified as alternative fueled engines are exempt from
the requirements of this Sec.  86.010-18.
    (2) For model years 2013 through 2015.
    (i) OBD groups. The manufacturer shall define one or more OBD
groups to cover all engine ratings in all engine families. The
manufacturer must submit a grouping plan for Administrator review and
approval detailing the OBD groups and the engine families and engine
ratings within each group for a given model year.
    (ii) Full OBD.
    (A) For all model year 2010 through 2012 ``Full OBD'' and
``Extrapolated OBD'' engine ratings, the manufacturer must implement an
OBD system meeting the applicable requirements of this section.
    (B) On one engine rating within each of the manufacturer's OBD
groups, the manufacturer must implement an OBD system meeting the
applicable requirements of this section. These ``Full OBD'' ratings
will be known as the ``OBD parent'' ratings. The OBD parent rating for
each OBD group shall be chosen, unless otherwise approved by the
Administrator, as the rating having the highest weighted projected U.S.
sales within the OBD group, with U.S. sales being weighted by the
useful life of the engine rating.
    (iii) Extrapolated OBD. For all other engine ratings within each
OBD group, the manufacturer must implement an OBD system meeting the
requirements of this section except that the OBD system is not required
to detect a malfunction prior to exceeding the emission thresholds
shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this
section. These extrapolated OBD engines will be know as the ``OBD
child'' ratings. On these OBD child ratings, rather than detecting a
malfunction prior to exceeding the emission thresholds, the
manufacturer must submit a plan for Administrator review and approval
that details the engineering evaluation the manufacturer will use to
establish the malfunction criteria for the OBD child ratings. The plan
must demonstrate both the use of good engineering judgment in
establishing the malfunction criteria, and robust detection of
malfunctions, including consideration of differences of base engine,
calibration, emission control components, and emission control strategies.
    (iv) Engines certified as alternative fueled engines shall meet, to
the extent feasible, the requirements specified in paragraph (i)(3) of
this Sec.  86.010-18. Additionally, such engines shall monitor the
NO_X aftertreatment system on engines so equipped and detect
a malfunction if:
    (A) The NO_X aftertreatment system has no detectable
amount of NO_X aftertreatement capability (i.e.,
NO_X catalyst conversion or NO_X adsorption).
    (B) The NO_X aftertreatment substrate is completely
destroyed, removed, or missing.
    (C) The NO_X aftertreatment assembly is replaced with a
straight pipe.
    (3) For model years 2016 through 2018.
    (i) OBD groups. The manufacturer shall define one or more OBD
groups to cover all engine ratings in all engine families. The
manufacturer must submit a grouping plan for Administrator review and
approval detailing the OBD groups and the engine families and engine
ratings within each group for a given model year.
    (ii) Full OBD. The manufacturer must implement an OBD system
meeting the applicable requirements of this section on all engine
ratings in all engine families.
    (iii) Engines certified as alternative fueled engines shall meet,
to the extent feasible, the requirements specified in paragraph (i)(3)
of this Sec.  86.010-18. Additionally, such engines shall monitor the
NO_X aftertreatment system on engines so equipped and detect
a malfunction if:
    (A) The NO_X aftertreatment system has no detectable
amount of NO_X aftertreatement capability (i.e.,
NO_X catalyst conversion or NO_X adsorption).
    (B) The NO_X aftertreatment substrate is completely
destroyed, removed, or missing.
    (C) The NO_X aftertreatment assembly is replaced with a
straight pipe.
    (4) For model years 2019 and later.
    (i) The manufacturer must implement an OBD system meeting the
applicable requirements of Sec.  86.010-18 on all engines.
    (p) In-use compliance standards. For monitors required to indicate
a malfunction before emissions exceed a certain emission threshold
(e.g., 2.5 times any of the applicable standards):
    (1) For model years 2010 through 2012.
    (i) On the full OBD rating (i.e., the parent rating) as defined in
paragraph (o)(1) of this section, separate in-use emissions thresholds
shall apply. These thresholds are determined by doubling the applicable
thresholds as shown in Table 1 of paragraph (g) and Table 2 of
paragraph (h) of this section. The resultant thresholds apply only in-
use and do not apply for certification or selective enforcement auditing.
    (ii) The extrapolated OBD ratings (i.e., the child ratings) as
defined in paragraph (o)(1) of this section shall not be evaluated
against emissions levels for purposes of OBD compliance in-use.
    (iii) Only the test cycle and standard determined and identified by
the manufacturer at the time of certification in accordance with
paragraph (f) of this section as the most stringent shall be used for
the purpose of determining OBD system noncompliance in-use.
    (iv) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the manufacturer.
    (2) For model years 2013 through 2015.
    (i) On the full OBD ratings as defined in paragraph (o)(2) of this
section, separate in-use emissions thresholds shall apply. These
thresholds are determined by doubling the applicable thresholds as
shown in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this
section. The resultant thresholds apply only in-use and do not apply
for certification or selective enforcement auditing.
    (ii) The extrapolated OBD ratings as defined in paragraph (o)(2) of
this section shall not be evaluated against emissions levels for
purposes of OBD compliance in-use.
    (iii) Only the test cycle and standard determined and identified by
the manufacturer at the time of certification in accordance with
paragraph (f) of this section as the most stringent shall be used for
the purpose of determining OBD system noncompliance in-use.
    (iv) For monitors subject to meeting the minimum in-use monitor
performance ratio of 0.100 in paragraph (d)(1)(ii), the OBD system
shall not be considered noncompliant unless a representative sample
indicates the in-use ratio is below 0.050.
    (v) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the manufacturer.
    (3) For model years 2016 through 2018.
    (i) On the engine ratings tested according to (l)(2)(iii) of this
section, the certification emissions thresholds shall apply in-use.
    (ii) On the manufacturer's remaining engine ratings, separate in-
use emissions thresholds shall apply. These thresholds are determined
by doubling the applicable thresholds as shown in Table 1 of paragraph
(g) and Table 2 of paragraph (h) of this section. The resultant
thresholds apply only in-use

[[Page 8408]]

and do not apply for certification or selective enforcement auditing.
    (iii) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the
manufacturer.
    (4) For model years 2019 and later.
    (i) On all engine ratings, the certification emissions thresholds
shall apply in-use.
    (ii) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the manufacturer.

• 7. Section 86.010-38 is added to subpart A to read as follows:

Sec.  86.010-38  Maintenance instructions.

    (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 Sec.  86.099-8, Sec.  86.004-9, Sec. 
86.004-10, or Sec.  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 Sec.  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 Sec.  86.004-25.
    (c) Scheduled emission-related maintenance in addition to that
performed under Sec.  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 Sec.  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) Emission control diagnostic service information:
    (1) Manufacturers are subject to the provisions of this paragraph
(g) beginning in the 1996 model year for manufacturers of light-duty
vehicles and light-duty trucks, and beginning in the 2005 model year
for manufacturers of heavy-duty vehicles and heavy-duty engines
weighing 14,000 pounds gross vehicle weight (GVW) and less that are
subject to the OBD requirements of this part.
    (2) General requirements.
    (i) Manufacturers shall furnish or cause to be furnished to any
person engaged in the repairing or servicing of motor vehicles or motor
vehicle engines, or the Administrator upon request, any and all
information needed to make use of the on-board diagnostic system and
such other information, including instructions for making emission-
related diagnoses and repairs, including but not limited to service
manuals, technical service bulletins, recall service information, bi-
directional control information, and training information, unless such
information is protected by section 208(c) of the Act as a trade
secret. No such information may be withheld under section 208(c) of the
Act if that information is provided (directly or indirectly) by the
manufacturer to franchised dealers or other persons engaged in the
repair, diagnosing, or servicing of motor vehicles or motor vehicle engines.
    (ii) Definitions. The following definitions apply for this paragraph (g):
    (A) Aftermarket service provider means any individual or business
engaged in the diagnosis, service, and repair of a motor vehicle or
engine, who is not directly affiliated with a manufacturer or
manufacturer-franchised dealership.
    (B) 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.
    (C) 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 more communication
wires. The information is broadcast over the communication wires for
use by the OBD system to gather information on emissions-related
components or systems and from other vehicle modules that may impact
emissions, including but not limited to systems such as chassis or
transmission. For the purposes of this section, data stream information
does not include engine calibration-related information, or any

[[Continued on page 8409]]
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