Control of Hazardous Air Pollutants From Mobile Sources
[Federal Register: March 29, 2006 (Volume 71, Number 60)]
[Proposed Rules]
[Page 15953-15963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr06-36]
[[pp. 15953-15963]]
Control of Hazardous Air Pollutants From Mobile Sources
[[Continued from page 15952]]
[[Page 15953]]
material for determining compliance under these regulations; and (3)
that I have read and understand the information being Certified or
submitted, and this information is true, complete and correct to the
best of my knowledge and belief after I have taken reasonable and
appropriate steps to verify the accuracy thereof. I affirm that I
have read and understand the provisions of 40 CFR part 80, subpart
L, including 40 CFR 80.1420 apply to [insert name of foreign
refiner]. Pursuant to Clean Air Act section 113(c) and 18 U.S.C.
1001, the penalty for furnishing false, incomplete or misleading
information in this certification or submission is a fine of up to
$10,000 U.S., and/or imprisonment for up to five years.
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES
10. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart P--[Amended]
11. Section 85.1515 is amended by adding paragraphs (c)(2)(vii),
(c)(2)(viii), and (c)(8) to read as follows.
Sec. 85.1515 Emission standards and test procedures applicable to
imported nonconforming motor vehicles and motor vehicle engines.
* * * * *
(c) * * *
(2) * * *
(vii) Nonconforming LDV/LLDTs originally manufactured in OP years
2009 and later must meet the evaporative emission standards in Table
S09-1 in 40 CFR 86.1811-09(e). However, LDV/LLDTs originally
manufactured in OP years 2009 and 2010 and imported by ICIs who qualify
as small volume manufacturers as defined in 40 CFR 86.1838-01 are
exempt from the LDV/LLDT evaporative emission standards in Table S09-1
in 40 CFR 86.1811-09(e), but must comply with the Tier 2 evaporative
emission standards in Table S04-3 in 40 CFR 86.1811-04(e).
(viii) Nonconforming HLDTs and MDPVs originally manufactured in OP
years 2010 and later must meet the evaporative emission standards in
Table S09-1 in 40 CFR 86.1811-09(e). However, HLDTs and MDPVs
originally manufactured in OP years 2010 and 2011 and imported by ICIs,
who qualify as small volume manufacturers as defined in 40 CFR 86.1838-
01, are exempt from the HLDTs and MDPVs evaporative emission standards
in Table S09-1 in 40 CFR 86.1811-09(e), but must comply with the Tier 2
evaporative emission standards in Table S04-3 in 40 CFR 86.1811-04(e).
* * * * *
(8)(i) Nonconforming LDV/LLDTs originally manufactured in OP years
2010 and later must meet the cold temperature NHMC emission standards
in Table S10-1 in 40 CFR 86.1811-10(g).
(ii) Nonconforming HLDTs and MDPVs originally manufactured in OP
years 2012 and later must meet the cold temperature NHMC emission
standards in Table S10-1 in 40 CFR 86.1811-10(g).
(iii) ICIs, which qualify as small volume manufacturers, are exempt
from the cold temperature NMHC phase-in intermediate percentage
requirements described in 40 CFR 86.1811-10(g)(3). See 40 CFR 86.1811-
04(k)(5)(vi) and (vii).
(iv) As an alternative to the requirements of paragraphs (c)(8)(i)
and (ii) of this section, ICIs may elect to meet a cold temperature
NMHC family emission level below the cold temperature NMHC fleet
average standards specified in Table S10-1 of 40 CFR 86.1811-10 and
bank or sell credits as permitted in 40 CFR 86.1864-10. An ICI may not
meet a higher cold temperature NMHC family emission level than the
fleet average standards in Table S10-1 of 40 CFR 86.1811-10 as
specified in paragraphs (c)(8)(i) and (ii) of this section, unless it
demonstrates to the Administrator at the time of certification that it
has obtained appropriate and sufficient NMHC credits from another
manufacturer, or has generated them in a previous model year or in the
current model year and not traded them to another manufacturer or used
them to address other vehicles as permitted in 40 CFR 86.1864-10.
(v) Where an ICI desires to obtain a certificate of conformity
using a higher cold temperature NMHC family emission level than
specified in paragraphs (c)(8)(i) and (ii) of this section, but does
not have sufficient credits to cover vehicles imported under such
certificate, the Administrator may issue such certificate if the ICI
has also obtained a certificate of conformity for vehicles certified
using a cold temperature NMHC family emission level lower than that
required under paragraphs (c)(8)(i) and (ii) of this section. The ICI
may then import vehicles to the higher cold temperature NMHC family
emission level only to the extent that it has generated sufficient
credits from vehicles certified to a family emission level lower than
the cold temperature NMHC fleet average standard during the same model
year.
(vi) ICIs using cold temperature NMHC family emission levels higher
than the cold temperature NMHC fleet average standards specified in
paragraphs (c)(8)(i) and (ii) of this section must monitor their
imports so that they do not import more vehicles certified to such
family emission levels than their available credits can cover. ICIs
must not have a credit deficit at the end of a model year and are not
permitted to use the deficit carryforward provisions provided in 40 CFR
86.1864-10.
(vii) The Administrator may condition the certificates of
conformity issued to ICIs as necessary to ensure that vehicles subject
to this paragraph (c)(8) comply with the applicable cold temperature
NMHC fleet average standard for each model year.
* * * * *
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
12. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart H--[Amended]
13. Section 86.701-94 is amended by revising paragraph (a) to read
as follows:
Sec. 86.701-94 General applicability.
(a) The provisions of this subpart apply to: 1994 through 2003
model year Otto-cycle and diesel light-duty vehicles; 1994 through 2003
model year Otto-cycle and diesel light-duty trucks; and 1994 and later
model year Otto-cycle and diesel heavy-duty engines; and 2001 and later
model year Otto-cycle heavy-duty vehicles and engines certified under
the provisions of subpart S of this part. The provisions of subpart B
of this part apply to this subpart. The provisions of Sec. 86.1811-
04(a)(5) and (p) apply to 2004 and later model year light-duty
vehicles, light-duty trucks, and medium duty passenger vehicles.
* * * * *
Subpart S--[Amended]
14. Section 86.1803-01 is amended by revising the definition of
``Banking'' and adding the definition for ``Fleet average cold
temperature NMHC standard'' to read as follows:
Sec. 86.1803-01 Definitions.
* * * * *
Banking means one of the following:
(1) The retention of NOX emission credits for complete
heavy-duty vehicles by the manufacturer generating the emission
credits, for use in future model year certification programs as
permitted by regulation.
[[Page 15954]]
(2) The retention of cold temperature non-methane hydrocarbon
(NMHC) emission credits for light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles by the manufacturer generating the
emission credits, for use in future model year certification programs
as permitted by regulation.
* * * * *
Fleet average cold temperature NMHC standard means, for light-duty
vehicles, light-duty trucks and medium-duty passenger vehicles, an NMHC
cold temperature standard imposed over an individual manufacturer's
total 50-State U.S. sales (or a fraction of total U.S. sales during
phase-in years), as ``U.S. sales'' is defined to include all national
sales, including points-of-first sale in California, of a given model
year. Manufacturers determine their compliance with such a standard by
averaging, on a sales-weighted basis, the individual NMHC ``Family
Emission Limits'' (FEL--as defined in this subpart) to which light-duty
vehicles, light-duty trucks and medium-duty passenger vehicles were
certified and sold for that model year.
* * * * *
15. Section 86.1805-04 is amended by adding paragraph (g) to read
as follows:
Sec. 86.1805-04 Useful life.
* * * * *
(g) Where cold temperature NMHC standards are applicable, the
useful life requirement for compliance with the cold temperature NMHC
standard only is as follows:
(1) For LDV/LLDTs, 10 years or 120,000 miles, whichever occurs first.
(2) For HLDT/MDPVs, 11 years or 120,000 miles, whichever occurs first.
16. A new Sec. 86.1809-10 is added to Subpart S to read as follows:
Sec. 86.1809-10 Prohibition of defeat devices.
(a) No new light-duty vehicle, light-duty truck, medium-duty
passenger vehicle, or complete heavy-duty vehicle shall be equipped
with a defeat device.
(b) The Administrator may test or require testing on any vehicle at
a designated location, using driving cycles and conditions which may
reasonably be expected to be encountered in normal operation and use,
for the purposes of investigating a potential defeat device.
(c) For cold temperature CO and cold temperature NMHC emission
control, the Administrator will use a guideline to determine the
appropriateness of the CO and NMHC emission control at ambient
temperatures between 25 [deg]F (4 [deg]C) (the upper bound of the cold
test range) and 68 [deg]F (20 [deg]C) (the lower bound of the FTP
range). The guideline for CO emission congruity across the intermediate
temperature range is the linear interpolation between the CO standard
applicable at 25 [deg]F (4 [deg]C) and the CO standard applicable at 68
[deg]F (20 [deg]C). The guideline for NMHC emission congruity across
the intermediate temperature range is the linear interpolation between
the NMHC FEL applicable at 25 [deg]F (4 [deg]C) and the Tier 2 NMOG
standard to which the vehicle was certified at 68 [deg]F (20 [deg]C),
where the intermediate temperature NMHC level is rounded to the nearest
hundredth for comparison to the interpolated line. For vehicles that
exceed this CO emissions guideline or this NMHC emissions guideline
upon intermediate temperature cold testing:
(1) If the CO emission level is greater than the 20 [deg]F (7
[deg]C) emission standard, the vehicle will automatically be considered
to be equipped with a defeat device without further investigation. If
the intermediate temperature NMHC emission level, rounded to the
nearest hundredth, is greater than the 20 [deg]F (7 [deg]C) FEL, the
vehicle will automatically be considered to be equipped with a defeat
device without further investigation.
(2) If the CO emission level does not exceed the 20 [deg]F emission
standard, the Administrator may investigate the vehicle design for the
presence of a defeat device under paragraph (d) of this section. If the
intermediate temperature NMHC emission level, rounded to the nearest
hundredth, does not exceed the 20 [deg]F FEL, the Administrator may
investigate the vehicle design for the presence of a defeat device
under paragraph (d) of this section.
(d) For vehicle designs designated by the Administrator to be
investigated for possible defeat devices:
(1) The manufacturer must show to the satisfaction of the
Administrator that the vehicle design does not incorporate strategies
that unnecessarily reduce emission control effectiveness exhibited
during the Federal or Supplemental Federal emissions test procedures
(FTP or SFTP) when the vehicle is operated under conditions which may
reasonably be expected to be encountered in normal operation and use.
(2) The following information requirements apply:
(i) Upon request by the Administrator, the manufacturer will
provide an explanation containing detailed information regarding test
programs, engineering evaluations, design specifications, calibrations,
on-board computer algorithms, and design strategies incorporated for
operation both during and outside of the Federal emission test procedure.
(ii) For purposes of investigations of possible cold temperature CO
or cold temperature NMHC defeat devices under this paragraph (d), the
manufacturer shall provide an explanation which must show, to the
satisfaction of the Administrator, that CO emissions and NMHC emissions
are reasonably controlled in reference to the linear guideline across
the intermediate temperature range.
(e) For each test group of Tier 2 LDV/LLDTs and HLDT/MDPVs and
interim non-Tier 2 LDV/LLDTs and HLDT/MDPVs the manufacturer must
submit, with the Part II certification application, an engineering
evaluation demonstrating to the satisfaction of the Administrator that
a discontinuity in emissions of non-methane organic gases, carbon
monoxide, oxides of nitrogen and formaldehyde measured on the Federal
Test Procedure (subpart B of this part) does not occur in the
temperature range of 20 to 86 degrees F. For diesel vehicles, the
engineering evaluation must also include particulate emissions.
17. A new Sec. 86.1810-09 is added to Subpart S to read as follows:
Sec. 86.1810-09 General standards; increase in emissions; unsafe
condition; waivers.
Section 86.1810-09 includes text that specifies requirements that
differ from Sec. 86.1810-01. Where a paragraph in Sec. 86.1810-01 is
identical and applicable to Sec. 86.1810-09, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.1810-01.'' Where a corresponding paragraph of
Sec. 86.1810-01 is not applicable, this is indicated by the statement
``[Reserved].'' This section applies to model year 2009 and later
light-duty vehicles and light-duty trucks fueled by gasoline, diesel,
methanol, ethanol, natural gas and liquefied petroleum gas fuels. This
section also applies to MDPVs and complete heavy-duty vehicles
certified according to the provisions of this subpart. Multi-fueled
vehicles (including dual-fueled and flexible-fueled vehicles) shall
comply with all requirements established for each consumed fuel (or
blend of fuels in the case of flexible fueled vehicles). The standards
of this subpart apply to both certification and in-use vehicles unless
otherwise indicated. This section also applies to hybrid electric
vehicles and zero emission vehicles. Unless otherwise specified,
requirements and provisions of this subpart applicable to methanol
fueled vehicles are also applicable to Tier 2 and interim non-Tier 2
ethanol fueled vehicles.
[[Page 15955]]
(a) through (e) [Reserved]. For guidance see Sec. 86.1810-01.
(f) Altitude requirements. (1) All emission standards apply at low
altitude conditions and at high altitude conditions, except for
supplemental exhaust emission standards, cold temperature NMHC emission
standards, and the evaporative emission standards as described in Sec.
86.1811-09(e). Supplemental exhaust emission standards, as described in
Sec. 86.1811-04(f), apply only at low altitude conditions. Cold
temperature NMHC emission standards, as described in Sec. 86.1811-
10(g), apply only at low altitude conditions. Tier 2 evaporative
emission standards apply at high altitude conditions as specified in
Sec. 86.1810-01(f) and (j), and Sec. 86.1811-04(e).
(2) For vehicles that comply with the cold temperature NMHC
standards, manufacturers shall submit an engineering evaluation
indicating that common calibration approaches are utilized at high
altitudes. Any deviation from low altitude emission control practices
shall be included in the auxiliary emission control device (AECD)
descriptions submitted at certification. Any AECD specific to high
altitude shall require engineering emission data for EPA evaluation to
quantify any emission impact and validity of the AECD.
(g) through (p) [Reserved]. For guidance see Sec. 86.1810-01.
18. Section 86.1811-04 is amended by adding paragraphs (k)(5)(iv)
through (vii) and (q)(1)(vi) through (ix) to read as follows:
Sec. 86.1811-04 Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.
* * * * *
(k) * * *
(5) * * *
(iv) Vehicles produced by small volume manufacturers, as defined in
Sec. 86.1838-01, are exempt from the LDV/LLDT evaporative emissions
standards in Table S09-1 of Sec. 86.1811-09(e) for model years 2009
and 2010, but must comply with the Tier 2 evaporative emission
standards in Table S04-3 in paragraph (e)(1) of this section for model
years 2009 and 2010.
(v) Vehicles produced by small volume manufacturers, as defined in
Sec. 86.1838-01, are exempt from the HLDT/MDPV evaporative emissions
standards in Table S09-1 of Sec. 86.1811-09(e) for model years 2010
and 2011, but must comply with the Tier 2 evaporative emission
standards in Table S04-3 in paragraph (e)(1) of this section for model
years 2010 and 2011.
(vi) Small volume manufacturers, as defined in Sec. 86.1838-01,
are exempt from the LDV/LLDT cold temperature NMHC phase-in
requirements in Table S10-1 of Sec. 86.1811-10(g) for model years
2010, 2011, and 2012, but must comply with the 100% requirement for
2013 and later model years for cold temperature NMHC standards
(vii) Small volume manufacturers, as defined in Sec. 86.1838-01,
are exempt from the HLDT/MDPV cold temperature NMHC phase-in
requirements in Table S10-1 of Sec. 86.1811-10(g) for model years
2012, 2013, and 2014, but must comply with the 100% requirement for
2015 and later model years for cold temperature NMHC standards.
* * * * *
(q) * * *
(1) * * *
(vi) Defer compliance with the LDV/LLDT evaporative emissions
standards in Table S09-1 of Sec. 86.1811-09(e) until 2013, and defer
compliance with the LDV/LLDT evaporative emissions standards in Table
S09-2 of Sec. 86.1811-09(e) until 2014. (The hardship relief may be
extended one additional model year--2 model years total.)
(vii) Defer compliance with the HLDT/MDPV evaporative emissions
standards in Table S09-1 of Sec. 86.1811-09(e) until 2014, and defer
compliance with the HLDT/MDPV evaporative emissions standards in Table
S09-2 of Sec. 86.1811-09(e) until 2015. (The hardship relief may be
extended one additional model year--2 model years total.)
(viii) Defer 100% compliance with the LDV/LLDT cold temperature
NMHC standards in Table S10-X of Sec. 86.1811-10(g) until 2015. (The
hardship relief may be extended one additional model year--2 model
years total.)
(ix) Defer 100% compliance with the HLDT/MDPV cold temperature NMHC
standards in Table S10-X of Sec. 86.1811-10(g) until 2017. (The
hardship relief may be extended one additional model year--2 model
years total.)
* * * * *
19. A new Sec. 86.1811-09 is added to Subpart S to read as follows:
Sec. 86.1811-09 Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.
Section 86.1811-09 includes text that specifies requirements that
differ from Sec. 86.1811-04. Where a paragraph in Sec. 86.1811-04 is
identical and applicable to Sec. 86.1811-09, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.1811-04.'' Where a corresponding paragraph of
Sec. 86.1811-04 is not applicable, this is indicated by the statement
``[Reserved].''
(a) Applicability. (1) This section contains regulations
implementing emission standards for all LDVs, LDTs and MDPVs. This
section applies to 2009 and later model year LDVs, LDTs and MDPVs
fueled by gasoline, diesel, methanol, ethanol, natural gas and
liquefied petroleum gas fuels, except as noted. Additionally, this
section applies to hybrid electric vehicles (HEVs) and zero emission
vehicles (ZEVs). Unless otherwise specified, multi-fueled vehicles must
comply with all requirements established for each consumed fuel.
(2) through (4) [Reserved]. For guidance see Sec. 86.1811-04.
(5) The exhaust emission standards and evaporative emission
standards of this section apply equally to certification and in-use
LDVs, LDTs and MDPVs, unless otherwise specified. See paragraph (t) of
this section for interim evaporative emission in-use standards that are
different than the certification evaporative emission standards
specified in paragraph (e) of this section.
(b) through (d) [Reserved]. For guidance see Sec. 86.1811-04.
(e) Evaporative emission standards. Evaporative emissions from
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled,
ethanol-fueled and methanol-fueled vehicles must not exceed the
standards in this paragraph (e). The standards apply equally to
certification and in-use vehicles.
(1) Diurnal-plus-hot soak evaporative hydrocarbon standards. (i)
Hydrocarbons for LDV/LLDTs, HLDTs and MDPVs that are gasoline-fueled,
dedicated natural gas-fueled, dedicated liquefied petroleum gas-fueled,
dedicated ethanol-fueled, dedicated methanol-fueled and multi-fueled
vehicles when operating on gasoline must not exceed the diurnal plus
hot soak standards shown in Table S09-1 for the full three diurnal test
sequence and for the supplemental two diurnal test sequence. The
standards apply equally to certification and in-use vehicles, except as
otherwise specified in paragraph (t) of this section. Table S09-1 follows:
[[Page 15956]]
Table S09-1.--Light-Duty Diurnal Plus Hot Soak Evaporative Emission Standards
[Grams per test]
----------------------------------------------------------------------------------------------------------------
Supplemental 2
3 day day
Vehicle category Model year diurnal+hot diurnal+hot
soak soak
----------------------------------------------------------------------------------------------------------------
LDVs............................................................ 2009 0.50 0.65
LLDTs........................................................... 2009 0.65 0.85
HLDTs........................................................... 2010 0.90 1.15
MDPVs........................................................... 2010 1.00 1.25
----------------------------------------------------------------------------------------------------------------
(ii) Hydrocarbons for LDV/LLDTs, HLDTs and MDPVs that are multi-
fueled vehicles operating on non-gasoline fuel must not exceed the
diurnal plus hot soak standards shown in Table S09-2 for the full three
diurnal test sequence and for the supplemental two diurnal test
sequence. The standards apply equally to certification and in-use
vehicles except as otherwise specified in paragraph (t) of this
section. Table S09-2 follows:
Table S09-2.--Light-Duty Diurnal Plus Hot Soak Evaporative Emission Standards: Non-Gasoline Portion of Multi-
Fueled Vehicles
[Grams per test]
----------------------------------------------------------------------------------------------------------------
Supplemental 2
3 day day
Vehicle category Model year diurnal+hot diurnal+hot
soak soak
----------------------------------------------------------------------------------------------------------------
LDVs............................................................ 2012 0.50 0.65
LLDTs........................................................... 2012 0.65 0.85
HLDTs........................................................... 2013 0.90 1.15
MDPVs........................................................... 2013 1.00 1.25
----------------------------------------------------------------------------------------------------------------
(2) through (6) [Reserved]. For guidance see Sec. 86.1811-04.
(f) through (s) [Reserved]. For guidance see Sec. 86.1811-04.
(t) Evaporative emission in-use standards. (1) For LDVs and LLDTs
certified prior to the 2012 model year, the Tier 2 LDV/LLDT evaporative
emissions standards in Table S04-3 of Sec. 86.1811-04(e) shall apply
to in-use vehicles for only the first three model years after an
evaporative family is first certified to the LDV/LLDT evaporative
emission standards in Table S09-1 of paragraph (e) of this section. For
example, evaporative families first certified to the LDV/LLDT standards
in Table S09-1 in the 2011 model year shall meet the Tier 2 LDV/LLDT
evaporative emission standards (Table S04-3) in-use for 2011, 2012, and
2013 model year vehicles (applying Tier 2 standards in-use is limited
to the first three years after introduction of a vehicle).
(2) For HLDTs and MDPVs certified prior to the 2013 model year, the
Tier 2 HLDT/MDPV evaporative emissions standards in Table S04-3 of
Sec. 86.1811-04(e) shall apply to in-use vehicles for only the first
three model years after an evaporative family is first certified to the
HLDT/MDPV evaporative emission standards in Table S09-1 of paragraph
(e) of this section. For example, evaporative families first certified
to the HLDT/MDPV standards in Table S09-1 in the 2012 model year shall
meet the Tier 2 HLDT/MDPV evaporative emission standards (Table S04-3)
in-use for 2012, 2013, and 2014 model year vehicles (applying Tier 2
standards in-use is limited to the first three years after introduction
of a vehicle).
20. A new Sec. 86.1811-10 is added to Subpart S to read as follows:
Sec. 86.1811-10 Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.
Section 86.1811-10 includes text that specifies requirements that
differ from Sec. 86.1811-04 and Sec. 86.1811-09. Where a paragraph in
Sec. 86.1811-04 or Sec. 86.1811-09 is identical and applicable to
Sec. 86.1811-10, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec.
86.1811-04'' or ``[Reserved]. For guidance see Sec. 86.1811-09.''
Where a corresponding paragraph of Sec. 86.1811-04 or Sec. 86.1811-09
is not applicable, this is indicated by the statement ``[Reserved].''
(a) [Reserved]. For guidance see Sec. 86.1811-09.
(b) through (d) [Reserved]. For guidance see Sec. 86.1811-04.
(e) [Reserved]. For guidance see Sec. 86.1811-09.
(f) [Reserved]. For guidance see Sec. 86.1811-04.
(g) Cold temperature exhaust emission standards. (1) Cold
temperature CO standards. These cold temperature CO standards are
applicable only to gasoline fueled LDV/Ts and MDPVs. For the following
cold temperature CO exhaust emission standards, a useful life of 50,000
miles or 5 years (whichever occurs first) applies:
(i) For LDVs and LDT1s, the standard is 10.0 grams per mile CO.
(ii) For LDT2s, LDT3s and LDT4s, and MDPVs the standard is 12.5
grams per mile CO.
(iii) These standards do not apply to interim non-Tier 2 MDPVs.
(2) Cold temperature NMHC standards. Full useful life fleet average
cold temperature NMHC standards are applicable only to gasoline fueled
LDV/LLDTs and HLDT/MDPVs, and apply equally to certification and in-use
except as otherwise specified in paragraph (u) of this section for in-
use standards for applicable phase-in models. Testing with other fuels
such as E85, or testing on diesel vehicles, is not required. Multi-
fuel, bi-fuel or dual-fuel vehicles must comply with requirements using
gasoline only. For LDV/LLDTs, the useful life is 120,000 miles or 10
years, whichever comes first. For HLDT/MDPVs, the useful life is
120,000 miles or 11 years, whichever comes first. There is not an
intermediate
[[Page 15957]]
useful life standard for cold temperature NMHC standards.
(i) The standards are shown in Table S10-1, which follows:
Table S10-1.--Fleet Average Cold Temperature NMHC Full Useful Life
Exhaust Emission Standards
------------------------------------------------------------------------
Cold temperature
NMHC sales-
Vehicle weight category weighted fleet
average standard
(grams/mile)
------------------------------------------------------------------------
LDVs & LLDTs (< = 6,000 lbs GVWR)...................... 0.3
HLDTs (>6,000-8,500 lbs GVWR) &....................... 0.5
MDPVs (>8,500 10,000 lbs GVWR)........................ ................
------------------------------------------------------------------------
(ii) The manufacturer must calculate its fleet average cold
temperature NMHC emission level(s) as described in Sec. 86.1864-10(m).
(iii) During a phase-in year, the manufacturer must comply with the
fleet average standards for the required phase-in percentage for that
year as specified in paragraph (g)(3) of this section, or for the
alternate phase-in percentage as permitted under paragraph (g)(4) of
this section.
(iv) For model years prior to 2010 (LDV/LLDTs) and 2012 (HLDT/
MDPVs), where the manufacturer desires to bank early NMHC credits as
permitted under Sec. 86.1864-10(o)(5), the manufacturer must achieve a
fleet average standard below 0.3 grams per mile for LDV/LLDTs and below
0.5 grams per mile for HLDT/MDPVs. Manufacturers must determine
compliance with the cold temperature NMHC fleet average standard
according to Sec. 86.1864-10(o).
(3) Phase-in of the cold temperature NMHC standards. Except as
permitted in Sec. 86.1811-04(k)(5)(vi) and (vii) regarding small
volume manufacturers, manufacturers must comply with the phase-in
requirements in Tables S10-2 and S10-3 of this paragraph. Separate
phase-in schedules are provided for LDV/LLDTs and for HLDT/MDPVs. These
requirements specify the minimum percentage of the manufacturer's LDV/
LLDT and HLDT/MDPV 50-State sales, by model year, that must meet the
fleet average cold temperature NMHC standard for their full useful
lives. LDVs and LLDTs must be grouped together to determine compliance
with these phase-in requirements, and HLDTs and MDPVs must also be
grouped together to determine compliance with these phase-in
requirements. Tables S10-2 and S10-3 follow:
Table S10-2.--Phase-in Percentages for LDV/LLDT Cold Temperature NMHC
Requirements
------------------------------------------------------------------------
Percentage of
LDV/LLDTs that
Model year must meet
requirement
------------------------------------------------------------------------
2010.................................................. 25
2011.................................................. 50
2012.................................................. 75
2013 and subsequent................................... 100
------------------------------------------------------------------------
Table S10-3.--Phase-in Percentages for HLDT/MDPV Cold Temperature NMHC
Requirements
------------------------------------------------------------------------
Percentage of
HLDT/MDPVs
Model year that must meet
requirement
------------------------------------------------------------------------
2012.................................................... 25
2013.................................................... 50
2014.................................................... 75
2015 and subsequent..................................... 100
------------------------------------------------------------------------
(4) Alternate phase-in schedules for cold temperature NMHC
standards. (i) Manufacturers may apply for alternative phase-in
schedules that would still result in 100% phase-in by 2013 and 2015,
respectively, for LDV/LLDTs and HLDT/MDPVs. An alternate phase-in
schedule submitted by a manufacturer is subject to EPA approval. The
alternative phase-in will not be used to delay full implementation past
the last year of the primary phase-in schedule (2013 for LDV/LLDTs,
2015 for HLDT/MDPVs). An alternative phase-in schedule will be
acceptable if it satisfies the following equations:
LDV/LLDTs:
(6xAPI2008) + (5xAPI2009) +
(4xAPI2010) + (3xAPI2011) +
(2xAPI2012) + (1xAPI2013) >=500%
HLDT/MDPVs:
(6xAPI2010) + (5xAPI2011) +
(4xAPI2012) + (3xAPI2013) +
(2xAPI2014) + (1xAPI2015) >=500%
Where:
API = anticipated phase-in percentage for the referenced model year
(ii) If the sum of products is greater than or equal to 500%, which
is the sum of products from the primary phase-in schedule (4 x 25% + 3
x 50% + 2 x 75% + 1 x 100% = 500%), then the alternative phase-in
schedule is acceptable, except as prohibited in paragraphs (g)(4)(i)
and (iii) of this section. In addition, manufacturers electing to use
an alternate phase-in schedule for compliance with the cold temperature
NMHC exhaust emission standards must ensure that the sum of products is
at least 100% for model years 2010 and earlier for LDV/LLDTs, and 2012
and earlier for HLDT/MDPVs. For example, a phase-in schedule for LDV/
LLDTs of 5/10/10/45/80/100 that begins in 2008 would calculate as (6 x
5%) + (5 x 10%) + (4 x 10%) = 120% and would be acceptable for 2008-
2010. The full phase-in would calculate as (6 x 5%) + (5 x 10%) + (4 x
10%) + (3 x 45%) + (2 x 80%) + (1 x 100%) = 515% and would be
acceptable for 2008-2013.
(iii) Under an alternate phase-in schedule, the projected phase-in
percentage is not binding for a given model year, provided the sums of
the actual phase-in percentages that occur meet the appropriate total
sums as required in the equations of paragraph (g)(4)(i) of this
section, and provided that 100% actual compliance is reached for the
appropriate model year, either 2013 for LDV/LLDTs or 2015 for HLDT/MDPVs.
(5) Manufacturers must determine compliance with required phase-in
schedules as follows:
(i) Manufacturers must submit information showing compliance with
all phase-in requirements of this section with their Part I
applications as required by Sec. 86.1844(d)(13).
(ii) A manufacturer electing to use any alternate phase-in schedule
permitted under this section must provide in its Application for
Certification for the first year in which it intends to use such a
schedule, and in each succeeding year during the phase-in, the intended
phase-in percentages for that model year and the remaining phase-in
years along with the intended final sum of those percentages as
described in paragraph (g)(4)(i) of this section. This information may
be included with the information required under Sec. 86.1844-
01(d)(13). In its year end annual reports, as required under Sec.
86.1844-01(e)(4), the manufacturer must include sufficient information
so that the Administrator can verify compliance with the alternative
phase-in schedule established under paragraph (g)(4)(i) of this section.
(6)(i) Sales percentages for the purpose of determining compliance
with the phase-in of the cold temperature NMHC requirements must be
based upon projected 50-State sales of LDV/LLDTs and HLDT/MDPVs of the
applicable model year by the manufacturer to the point of first sale.
Such sales percentages must be rounded to the nearest one tenth of a
percent.
(ii) Alternatively, the manufacturer may petition the Administrator
to allow actual volume produced for U.S. sales to be used in lieu of
projected U.S. sales for purposes of determining compliance
[[Page 15958]]
with the phase-in percentage requirements under this section. The
manufacturer must submit its petition within 30 days of the end of the
model year to the Compliance and Innovative Strategies Division. For
EPA to approve the use of actual volume produced for U.S. sales, the
manufacturer must establish to the satisfaction of the Administrator,
that actual production volume is functionally equivalent to actual
sales volume of LDV/LLDTs and HLDT/MDPVs sold in all 50 U.S. States.
(f) through (s) [Reserved]. For guidance see Sec. 86.1811-04.
(t) [Reserved]. For guidance see Sec. 86.1811-09.
(u) Cold temperature NMHC exhaust emission in-use standards for
applicable phase-in models. An interim full useful life in-use
compliance standard is calculated by adding 0.1 g/mi to the FEL to
which each test group is newly certified, and applies to that test
group only for the model years shown in Tables S10-4 and S10-5.
Otherwise, the in-use standard is the certification standard from
paragraph (g)(2) of this section. The standards apply for purposes of
in-use testing only and does not apply to certification or Selective
Enforcement Auditing. Tables S10-4 and S10-5 follow:
Table S10-4.--In-Use Standard For Applicable Phase-In LDV/LLDTs
----------------------------------------------------------------------------------------------------------------
Model year of introduction 2008 2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
Models years that the interim in-use standard is available 2008 2009 2010 2011 2012 2013
2009 2010 2011 2012 2013 2014
2010 2011 2012 2013 2014
2011 2012 2013
----------------------------------------------------------------------------------------------------------------
Table S10-5.--In-Use Standards For Applicable Phase-In HLDT/MDPVs
----------------------------------------------------------------------------------------------------------------
Model year of introduction 2010 2011 2012 2013 2014 2015
----------------------------------------------------------------------------------------------------------------
Models years that the interim in-use standard is available 2010 2011 2012 2013 2014 2015
2011 2012 2013 2014 2015 2016
2012 2013 2014 2015 2016
2013 2014 2015
----------------------------------------------------------------------------------------------------------------
21. Section 86.1823-01 is amended by revising paragraph
(a)(3)(i)(C) to read as follows:
Sec. 86.1823-01 Durability demonstration procedures for exhaust emissions.
* * * * *
(a) * * *
(3) * * *
(i) * * *
(C) The DF calculated by these procedures will be used for
determining compliance with FTP exhaust emission standards, SFTP
exhaust emission standards, cold temperature NMHC emission standards,
and cold CO emission standards. At the manufacturer's option and using
procedures approved by the Administrator, a separate DF may be
calculated exclusively using cold CO test data to determine compliance
with cold CO emission standards. Similarly, at the manufacturer's
option and using procedures approved by the Administrator, a separate
DF may be calculated exclusively using cold temperature NMHC test data
to determine compliance with cold temperature NMHC emission standards.
For determining compliance with full useful life cold NMHC emission
standards, the 68-86 degree F 120,000 mile full useful life NMOG DF may
be used. Also at the manufacturer's option and using procedures
approved by the Administrator, a separate DF may be calculated
exclusively using US06 and/or air conditioning (SC03) test data to
determine compliance with the SFTP emission standards.
* * * * *
22. Section 86.1827-01 is amended by revising paragraph (a)(5) to
read as follows:
Sec. 86.1827-01 Test group determination.
* * * * *
(a) * * *
(5) Subject to the same emission standards (or FEL in the case of
cold temperature NMHC standards), except that a manufacturer may
request to group vehicles into the same test group as vehicles subject
to more stringent standards, so long as all the vehicles within the
test group are certified to the most stringent standards applicable to
any vehicle within that test group. Light-duty trucks which are subject
to the same emission standards as light-duty vehicles with the
exception of the light-duty truck idle CO standard and/or total HC
standard may be included in the same test group.
* * * * *
23. A new Sec. 86.1828-10 is added to Subpart S to read as follows:
Sec. 86.1828-10 Emission data vehicle selection.
Section 86.1828-10 includes text that specifies requirements that
differ from Sec. 86.1828-01. Where a paragraph in Sec. 86.1828-01 is
identical and applicable to Sec. 86.1828-10, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.1828-01.'' Where a corresponding paragraph of
Sec. 86.1828-01 is not applicable, this is indicated by the statement
``[Reserved].''
(a) through (f) [Reserved]. For guidance see Sec. 86.1828-01.
(g) Cold temperature NMHC testing. For cold temperature NMHC
exhaust emission compliance for each durability group, the vehicle
expected to emit the highest NMHC emissions at 20 degrees F on
candidate in-use vehicles shall be selected from the test vehicles
specified in Sec. 86.1828-01(a). When the expected worst-case cold
temperature NMHC vehicle is also the expected worst-case cold CO
vehicle as selected in paragraph (c) of this section, then cold testing
is required only for that vehicle; otherwise, testing is required for
both the worst-case cold CO vehicle and the worst-case cold temperature
NMHC vehicle.
24. Section 86.1829-01 is amended by revising paragraph (b)(3) to
read as follows:
Sec. 86.1829-01 Durability and emission testing requirements; waivers.
* * * * *
(b) * * *
(3) Cold temperature CO and cold temperature NMHC Testing. One EDV
in each durability group shall be tested for cold temperature CO and cold
[[Page 15959]]
temperature NMHC exhaust emission compliance in accordance with the
test procedures in subpart C of this part or with alternative
procedures requested by the manufacturer and approved in advance by the
Administrator. The selection of which EDV and test group within the
durability group will be tested for cold temperature CO and cold
temperature NMHC compliance will be determined under the provisions of
Sec. 86.1828-10(c) and (g).
* * * * *
25. Section 86.1844-01 is amended by revising paragraph (d)(11) to
read as follows:
Sec. 86.1844-01 Information requirements: Application for
certification and submittal of information upon request.
* * * * *
(d) * * *
(11) A list of all auxiliary emission control devices (AECD)
installed on any applicable vehicles, including a justification for
each AECD, the parameters they sense and control, a detailed
justification of each AECD which results in a reduction in
effectiveness of the emission control system, and rationale for why the
AECD is not a defeat device as defined under Sec. Sec. 86.1809-01 and
86.1809-10. For any AECD uniquely used at high altitudes, EPA may
request engineering emission data to quantify any emission impact and
validity of the AECD. For any AECD uniquely used on multi-fuel vehicles
when operated on fuels other than gasoline, EPA may request engineering
emission data to quantify any emission impact and validity of the AECD.
* * * * *
26. A new Sec. 86.1848-10 is added to Subpart S to read as follows:
Sec. 86.1848-10 Certification.
Section 86.1848-10 includes text that specifies requirements that
differ from Sec. 86.1848-01. Where a paragraph in Sec. 86.1848-01 is
identical and applicable to Sec. 86.1848-10, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.1848-01.'' Where a corresponding paragraph of
Sec. 86.1848-01 is not applicable, this is indicated by the statement
``[Reserved].''
(a) through (b) [Reserved]. For guidance see Sec. 86.1848-01.
(c) All certificates are conditional upon the following conditions
being met:
(1) The manufacturer must supply all required information according
to the provisions of Sec. Sec. 86.1843-01 and 86.1844-01.
(2) The manufacturer must comply with all certification and in-use
emission standards contained in subparts S and H of this part both
during and after model year production.
(3) The manufacturer must comply with all implementation schedules
sales percentages as required in Sec. 86.1810 or elsewhere in this
part. Failure to meet a required implementation schedule sales
percentage will be considered to be a failure to satisfy a condition
upon which the certificate was issued and any vehicles or trucks sold
in violation of the implementation schedule shall not be covered by the
certificate.
(4) For incomplete light-duty trucks and incomplete heavy-duty
vehicles, 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. 86.1844-01.
(5) The manufacturer must meet the in-use testing and reporting
requirements contained in Sec. Sec. 86.1845-01, 86.1846-01, and
86.1847-01, as applicable. Failure to meet the in-use testing or
reporting requirements shall be considered a failure to satisfy a
condition upon which the certificate was issued. A vehicle or truck
will be considered to be covered by the certificate only if the
manufacturer fulfills this condition upon which the certificate was issued.
(6) Vehicles are covered by a certificate of conformity only if
they are in all material respects as described in the manufacturer's
application for certification (Part I and Part II).
(7) For Tier 2 and interim non-Tier 2 vehicles, all certificates of
conformity issued are conditional upon compliance with all provisions
of Sec. Sec. 86.1811-04, 86.1860-04, 86.1861-04 and 86.1862-04 both
during and after model year production.
(i) Failure to meet the fleet average NOX requirements
of 0.07g/mi, 0.30 g/mi or 0.20 g/mi, as applicable, will be considered
to be a failure to satisfy the terms and conditions upon which the
certificate(s) was (were) issued and the vehicles sold in violation of
the fleet average NOX standard will not be covered by the
certificate(s).
(ii) Failure to comply fully with the prohibition against selling
credits that it has not generated or that are not available, as
specified in Sec. 86.1861-04, will be considered to be a failure to
satisfy the terms and conditions upon which the certificate(s) was
(were) issued and the vehicles sold in violation of this prohibition
will not be covered by the certificate(s).
(iii) Failure to comply fully with the phase-in requirements of
Sec. 86.1811-04, will be considered to be a failure to satisfy the
terms and conditions upon which the certificate(s) was (were) issued
and the vehicles sold which do not comply with Tier 2 or interim non-
Tier 2 requirements, up to the number needed to comply, will not be
covered by the certificate(s).
(iv) For paragraphs (c)(7)(i) through (iii) of this section:
(A) The manufacturer must bear the burden of establishing to the
satisfaction of the Administrator that the terms and conditions upon
which the certificate(s) was (were) issued were satisfied.
(B) For recall and warranty purposes, vehicles not covered by a
certificate of conformity will continue to be held to the standards
stated or referenced in the certificate that otherwise would have
applied to the vehicles.
(8) For LDV/LLDTs and HLDT/MDPVs, all certificates of conformity
issued are conditional upon compliance with all provisions of
Sec. Sec. 86.1811-10 and 86.1864-10 both during and after model year
production.
(i) Failure to meet the fleet average cold temperature NMHC
requirements will be considered a failure to satisfy the terms and
conditions upon which the certificate(s) was (were) issued and the
vehicles sold in violation of the fleet average NMHC standard will not
be covered by the certificate(s).
(ii) Failure to comply fully with the prohibition against selling
credits that are not generated or that are not available, as specified
in Sec. 86.1864-10, will be considered a failure to satisfy the terms
and conditions upon which the certificate(s) was (were) issued and the
vehicles sold in violation of this prohibition will not be covered by
the certificate(s).
(iii) Failure to comply fully with the phase-in requirements of
Sec. 86.1811-10 will be considered a failure to satisfy the terms and
conditions upon which the certificate(s) was (were) issued and the
vehicles sold that do not comply with cold temperature NMHC
requirements, up to the number needed to comply, will not be covered by
the certificate(s).
(iv) For paragraphs (c)(8)(i) through (iii) of this section:
(A) The manufacturer bears the burden of establishing to the
satisfaction of the Administrator that the terms and conditions upon
which the certificate(s) was (were) issued were satisfied.
(B) For recall and warranty purposes, vehicles not covered by a
certificate of conformity will continue to be held to the standards
stated or referenced in the
[[Page 15960]]
certificate that otherwise would have applied to the vehicles.
(d) through (i) [Reserved]. For guidance see Sec. 86.1848-01.
27. A new Sec. 86.1864-10 is added to Subpart S to read as follows:
Sec. 86.1864-10 How to comply with the fleet average cold
temperature NMHC standards.
(a) Applicability. Cold temperature NMHC exhaust emission standards
apply to the following vehicles, subject to the phase-in requirements
in Sec. 86.1811-10(g)(3) and (4):
(1) 2010 and later model year LDV/LLDTs.
(2) 2012 and later model year HLDT/MDPVs.
(3) Aftermarket conversion systems as defined in 40 CFR 85.502,
including conversion of MDPVs.
(4) Vehicles imported by ICIs as defined in 40 CFR 85.1502.
(b) Useful life requirements. Full useful life requirements for
cold temperature NMHC standards are defined in Sec. 86.1805-04(g).
There is not an intermediate useful life standard for cold temperature
NMHC standards.
(c) Altitude. Altitude requirements for cold temperature NMHC
standards are provided in Sec. 86.1810-09(f).
(d) Small volume manufacturer certification procedures.
Certification procedures for small volume manufacturers are provided in
Sec. 86.1838-01.
(e) Cold temperature NMHC standards. Fleet average cold temperature
NMHC standards are provided in Sec. 86.1811-10(g)(2).
(f) Phase-in. Phase-in of the cold temperature NMHC standards are
provided in Sec. 86.1811-10(g)(3) and (4).
(g) Phase-in flexibilities for small volume manufacturers. Phase-in
flexibilities for small volume manufacturer compliance with the cold
temperature NMHC standards are provided in Sec. 86.1811-04(k)(5).
(h) Hardship provisions for small volume manufacturers. Hardship
provisions for small volume manufacturers related to the cold
temperature NMHC standards are provided in Sec. 86.1811-04(q)(1).
(i) In-use standards for applicable phase-in models. In-use cold
temperature NMHC standards for applicable phase-in models are provided
in Sec. 86.1811-10(u).
(j) Durability procedures and method of determining deterioration
factors (DFs). The durability data vehicle selection procedures of
Sec. 86.1822-01 and the durability demonstration procedures of Sec.
86.1823-06 apply for cold NMHC standards. For determining compliance
with full useful life cold temperature NMHC emission standards, the 68-
86 degree F, 120,000 mile full useful life NMOG DF may be used.
(k) Vehicle test procedure. (1) The test procedure for
demonstrating compliance with cold temperature NMHC standards is
contained in subpart C of this part. With prior EPA approval,
alternative testing procedures may be used, as specified in Sec.
86.106-96(a), provided cold temperature NMHC emissions do not decrease
as a result of an alternative testing procedure.
(2) Testing of all LDVs, LDTs and MDPVs to determine compliance
with cold temperature NMHC exhaust emission standards set forth in this
section must be on a loaded vehicle weight (LVW) basis, as defined in
Sec. 86.1803-01.
(3) Testing for the purpose of providing certification data is
required only at low altitude conditions and only for vehicles that can
operate on gasoline, except as requested in Sec. Sec. 86.1810-09(f)
and 86.1844-01(d)(11). If hardware and software emission control
strategies used during low altitude condition testing are not used
similarly in-use across all altitudes, the manufacturer will include a
statement in the application for certification, in accordance with
Sec. Sec. 86.1844-01(d)(11) and Sec. 86.1810-09(f), stating what the
different strategies are and why they are used. If hardware and
software emission control strategies used during testing with gasoline
are not used similarly with all fuels that can be used in multi-fuel
vehicles, the manufacturer will include a statement in the application
for certification, in accordance with Sec. Sec. 86.1844-01(d)(11) and
86.1810-09(f), stating what the different strategies are and why they
are used. For example, unless a manufacturer states otherwise, air
pumps used to control emissions on dedicated gasoline vehicles or
multi-fuel vehicles during low altitude conditions must also be used to
control emissions at high altitude conditions, and software used to
control emissions or closed loop operation must also operate similarly
at low and high altitude conditions and similarly when multi-fueled
vehicles are operated on gasoline and alternate fuels. These examples
are for illustrative purposes only; similar strategies would apply to
other currently used emission control technologies and/or emerging or
future technologies.
(l) Emission data vehicle (EDV) selection. Provisions for selecting
the appropriate EDV for the cold temperature NMHC standards are
provided in Sec. Sec. 86.1828-10(g) and 86.1829-01(b)(3).
(m) Calculating the fleet average cold temperature NMHC standard.
Manufacturers will compute separate sales-weighted fleet average cold
temperature NMHC emissions at the end of the model year for LDV/LLDTs
and HLDT/MDPVs, using actual sales, and certifying test groups to FELs,
as defined in Sec. 86.1803-01. The FEL becomes the standard for each
test group, and every test group can have a different FEL. The
certification resolution for the FEL will be one decimal point. LDVs
and LLDTs must be grouped together when calculating the fleet average,
and HLDTs and MDPVs must also be grouped together to determine the
fleet average. Manufacturers must compute the sales-weighted cold
temperature NMHC fleet averages using the following equation, rounded
to the nearest tenth:
Fleet average cold temperature NMHC exhaust emissions =
[Sigma](N x FEL) / Total number of vehicles sold of the applicable
weight category (i.e., either LDV + LLDTs, or HLDT + MDPVs)
Where:
N = The number of LDVs and LLDTs, or HLDTs and MDPVs, sold within the
applicable FEL, based on vehicles counted to the point of first sale.
FEL = Family Emission Limit.
(n) Certification compliance and enforcement requirements for cold
temperature NMHC standards. (1) In addition to the compliance and
enforcement requirements provided throughout Sec. 86.1864-10,
additional conditions are included in the provisions of Sec. 86.1848-
10(c)(8).
(2) The certificate issued for each test group requires all
vehicles within that test group to meet the emission standard or FEL to
which the vehicles were certified.
(3) Each manufacturer must comply with the applicable cold
temperature NMHC fleet average standard on a sales-weighted average
basis, at the end of each model year, using the procedure described in
paragraph (m) of this section.
(4) During a phase-in year, the manufacturer must comply with the
applicable cold temperature NMHC fleet average standard for the
required phase-in percentage for that year as specified in Sec.
86.1811-10(g)(3) or (4).
(5) Manufacturers must compute separate cold temperature NMHC fleet
averages for LDV/LLDTs and HLDT/MDPVs. The sales-weighted cold
temperature NMHC fleet averages must be compared with the applicable
fleet average standard.
[[Page 15961]]
(6) Each manufacturer must comply on an annual basis with the fleet
average standards as follows:
(i) Manufacturers must report in their annual reports to the Agency
that they met the relevant corporate average standard by showing that
their sales-weighted average cold temperature NMHC emissions of LDV/
LLDTs and HLDT/MDPVs, as applicable, are at or below the applicable
fleet average standard;
(ii) If the sales-weighted average is above the applicable fleet
average standard, manufacturers must obtain and apply sufficient NMHC
credits, as appropriate, and as permitted under paragraph (o)(8) of
this section. A manufacturer must show via the use of credits that they
have offset any exceedence of the corporate average standard.
Manufacturers shall also report their credit balances or deficits.
(iii) If a manufacturer fails to meet the corporate average cold
temperature NMHC standard for two consecutive years, as required in
paragraph (o)(8) of this section, the vehicles causing the corporate
average exceedence will be considered not covered by the certificate of
conformity. A manufacturer will be subject to penalties on an
individual-vehicle basis for sale of vehicles not covered by a certificate.
(iv) EPA will review each manufacturer's sales to designate the
vehicles that caused the exceedence of the corporate average standard.
EPA will designate as nonconforming those vehicles in test groups with
the highest certification emission values first, continuing until a
number of vehicles equal to the calculated number of noncomplying
vehicles as determined above is reached. In a group where only a
portion of vehicles would be deemed nonconforming, EPA will determine
the actual nonconforming vehicles by counting backwards from the last
vehicle produced in that test group. Manufacturers will be liable for
penalties for each vehicle sold that is not covered by a certificate.
(o) How does the cold temperature NMHC averaging, banking and
trading (ABT) program work? (1) Manufacturers shall average the cold
temperature NMHC emissions of their vehicles and comply with the cold
temperature NMHC fleet average corporate standard. Credits may be
generated during and after the phase-in period. Credits may also be
generated prior to the phase-in periods as described in paragraph (5)
of this section. A manufacturer whose cold temperature NMHC fleet
average emissions exceed the 0.3 g/mile standard for LDV/LLDTs, or 0.5
g/mi for HLDT/MDPVs, must complete the calculation in paragraph (o)(4)
of this section to determine the size of its NMHC credit deficit. A
manufacturer whose cold temperature NMHC fleet average emissions are
less than the 0.3 g/mile standard for LDV/LLDTs, or less than 0.5 g/mi
for HLDT/MDPVs, must complete the calculation in paragraph (o)(4) of
this section if it desires to generate NMHC credits.
(2) There are no property rights associated with NMHC credits
generated under this subpart. Credits are a limited authorization to
emit the designated amount of emissions. Nothing in this part or any
other provision of law should be construed to limit EPA's authority to
terminate or limit this authorization through a rulemaking.
(3) Each manufacturer must comply with the reporting and
recordkeeping requirements of paragraph (p) of this section for NMHC
credits, including early credits. The averaging, banking and trading
program shall be enforced through the certificate of conformity that
allows the manufacturer to introduce any regulated vehicles into commerce.
(4) Credits are earned on the last day of the model year.
Manufacturers must calculate, for a given model year, the number of
credits or debits it has generated according to the following equation,
rounded to the nearest tenth:
NMHC Credits or Debits = (Cold Temperature NMHC Standard-Manufacturer's
Sales-Weighted Fleet Average Cold Temperature NMHC Emissions) x (Total
Number of Vehicles Sold)
Where:
Cold Temperature NMHC Standard = 0.3 g/mi for LDV/LLDTs or 0.5 g/mi for
HLDT/MDPV, per Sec. 86.1811-10(g)(2).
Manufacturer's Sales-Weighted Fleet Average Cold Temperature NMHC
Emissions = average calculated according to paragraph (m) of this section.
Total Number of Vehicles Sold = Total 50-State sales based on the point
of first sale.
(5) The following provisions apply for early banking:
(i) Manufacturers may certify LDV/LLDTs to the cold temperature
NMHC exhaust standards in Sec. 86.1811-10(g)(2) for model years 2008-
2009 in order to bank credits for use in the 2010 and later model
years. Manufacturers may certify HLDT/MDPVs to the cold temperature
NMHC exhaust standards in Sec. 86.1811-10(g)(2) for model years 2010-
2011 in order to bank credits for use in the 2012 and later model years.
(ii) This process is referred to as ``early banking'' and the
resultant credits are referred to as ``early credits.'' In order to
bank early credits, a manufacturer must comply with all exhaust
emission standards and requirements applicable to LDV/LLDTs and/or
HLDT/MDPVs. To generate early credits, a manufacturer must separately
compute the sales-weighted cold temperature NMHC average of the LDV/
LLDTs and HLDT/MDPVs it certifies to the exhaust requirements and
separately compute credits using the calculations in paragraph (o)(4)
of this section. Early HLDT/MDPV credits may not be applied to LDV/
LLDTs before the 2010 model year. Early LDV/LLDT credits may not be
applied to HLDT/ MDPV before the 2012 model year.
(6) NMHC credits are not subject to any discount or expiration date
except as required under the deficit carryforward provisions of
paragraph (o)(8) of this section. There shall be no discounting of
unused credits. NMHC credits shall have unlimited lives, subject to the
limitations of paragraph (o)(2) of this section.
(7) Credits may be used as follows:
(i) Credits generated and calculated according to the method in
paragraph (o)(4) of this section may only be used to offset deficits
accrued with respect to the standard in Sec. 86.1811-10(g)(2). Credits
may be banked and used in a future model year in which a manufacturer's
average cold temperature NMHC level exceeds the 0.3 or 0.5 g/mi
standard for LDV/LLDTs and HLDT/MDPVs, respectively. Credits may be
exchanged between the LDT/LLDT and HLDT/MDPV fleets of a given
manufacturer. Credits may also be traded to another manufacturer
according to the provisions in paragraph (o)(9) of this section. Before
trading or carrying over credits to the next model year, a manufacturer
must apply available credits to offset any credit deficit, where the
deadline to offset that credit deficit has not yet passed.
(ii) The use of credits shall not be permitted to address Selective
Enforcement Auditing or in-use testing failures. The enforcement of the
averaging standard shall occur through the vehicle's certificate of
conformity. A manufacturer's certificate of conformity shall be
conditioned upon compliance with the averaging provisions. The
certificate shall be void ab initio if a manufacturer fails to meet the
corporate average standard and does not obtain appropriate credits to
cover its shortfalls in that model year or in the subsequent model year
(see deficit carryforward provision in paragraph (o)(8) of this
section). Manufacturers shall track their
[[Page 15962]]
certification levels and sales unless they produce only vehicles
certified to cold temperature NMHC levels below the standard and do not
plan to bank credits.
(8) The following provisions apply if debits are accrued:
(i) If a manufacturer calculates that it has negative credits (also
called ``debits'' or a ``credit deficit'') for a given model year, it
shall be allowed to carry that deficit forward into the next model
year. Such a carry-forward may only occur after the manufacturer
exhausts any supply of banked credits. At the end of that next model
year, the deficit must be covered with an appropriate number of credits
that the manufacturer generates or purchases. Any remaining deficit
shall be subject to an enforcement action, as described in this
paragraph (o)(8). Manufacturers are not permitted to run a deficit for
two consecutive years.
(ii) If debits are not offset within the specified time period, the
number of vehicles not meeting the fleet average cold temperature NMHC
standards and not covered by the certificate must be calculated by
dividing the total amount of debits for the model year by the fleet
average cold temperature NMHC standard applicable for the model year in
which the debits were first incurred.
(iii) EPA will determine the number of vehicles for which the
condition on the certificate was not satisfied by designating vehicles
in those test groups with the highest certification cold temperature
NMHC emission values first and continuing until a number of vehicles
equal to the calculated number of noncomplying vehicles as determined
above is reached. If this calculation determines that only a portion of
vehicles in a test group contribute to the debit situation, then EPA
will designate actual vehicles in that test group as not covered by the
certificate, starting with the last vehicle produced and counting backwards.
(iv)(A) If a manufacturer ceases production of LDV/LLDTs and HLDT/
MDPVs, the manufacturer continues to be responsible for offsetting any
debits outstanding within the required time period. Any failure to
offset the debits will be considered a violation of paragraph (o)(8)(i)
of this section and may subject the manufacturer to an enforcement
action for sale of vehicles not covered by a certificate, pursuant to
paragraphs (o)(8)(ii) and (iii) of this section.
(B) If a manufacturer is purchased by, merges with, or otherwise
combines with another manufacturer, the controlling entity is
responsible for offsetting any debits outstanding within the required
time period. Any failure to offset the debits will be considered a
violation of paragraph (o)(8)(i) of this section and may subject the
manufacturer to an enforcement action for sale of vehicles not covered
by a certificate, pursuant to paragraphs (o)(8)(ii) and (iii) of this
section.
(v) For purposes of calculating the statute of limitations, a
violation of the requirements of paragraph (o)(8)(i) of this section, a
failure to satisfy the conditions upon which a certificate(s) was
issued and hence a sale of vehicles not covered by the certificate, all
occur upon the expiration of the deadline for offsetting debits
specified in paragraph (o)(8)(i) of this section.
(9) The following provisions apply to NMHC credit trading:
(i) EPA may reject NMHC credit trades if the involved manufacturers
fail to submit the credit trade notification in the annual report. A
manufacturer may not sell credits that are not available for sale
pursuant to the provisions in paragraphs (o)(7)(i) of this section.
(ii) In the event of a negative credit balance resulting from a
transaction that a manufacturer could not cover by the reporting
deadline for the model year in which the trade occurred, both the buyer
and seller are liable, except in cases involving fraud. EPA may void ab
initio the certificates of conformity of all engine families
participating in such a trade.
(iii) A manufacturer may only trade credits that it has generated
pursuant to paragraph (o)(4) of this section or acquired from another
party.
(p) Maintenance of records and submittal of information relevant to
compliance with fleet average cold temperature NMHC standards--(1)
Maintenance of records. (i) Manufacturers producing any light-duty
vehicles, light-duty trucks, or medium-duty passenger vehicles subject
to the provisions in this subpart must establish, maintain, and retain
all the following information in adequately organized and indexed
records for each model year:
(A) Model year.
(B) Applicable fleet average cold temperature NMHC standard: 0.3g/
mi for LDV/LLDTs; 0.5 g/mi for HLDT/MDPVs.
(C) Fleet average cold temperature NMHC value achieved.
(D) All values used in calculating the fleet average cold
temperature NMHC value achieved.
(ii) Manufacturers producing any light-duty vehicles, light-duty
trucks, or medium-duty passenger vehicles subject to the provisions in
this subpart must establish, maintain, and retain all the following
information in adequately organized and indexed records for each LDV/T
or MDPV subject to this subpart:
(A) Model year.
(B) Applicable fleet average cold temperature NMHC standard.
(C) EPA test group.
(D) Assembly plant.
(E) Vehicle identification number.
(F) Cold temperature NMHC FEL to which the LDV/T or MDPV is certified.
(G) Information on the point of first sale, including the
purchaser, city, and state.
(iii) Manufacturers must retain all records required to be
maintained under this section for a period of eight years from the due
date for the annual report. Records may be stored in any format and on
any media, as long as manufacturers can promptly send EPA organized,
written records in English if we ask for them. Manufacturers must keep
records readily available as EPA may review them at any time.
(iv) Nothing in this section limits the Administrator's discretion
to require the manufacturer to retain additional records or submit
information not specifically required by this section.
(v) Pursuant to a request made by the Administrator, the
manufacturer must submit to the Administrator the information that the
manufacturer is required to retain.
(vi) EPA may void ab initio a certificate of conformity for
vehicles certified to emission standards as set forth or otherwise
referenced in this subpart for which the manufacturer fails to retain
the records required in this section or to provide such information to
the Administrator upon request.
(2) Reporting. (i) Each covered manufacturer must submit an annual
report. The annual report must contain for each applicable cold
temperature NMHC standard, the fleet average cold temperature NMHC
value achieved, all values required to calculate the cold temperature
NMHC emissions value, the number of credits generated or debits
incurred, all the values required to calculate the credits or debits,
the resulting balance of credits or debits, and sufficient information
to show compliance with all phase-in or alternative phase-in requirements.
(ii) For each applicable fleet average cold temperature NMHC
standard, the annual report must also include documentation on all
credit transactions the manufacturer has engaged in since those
included in the last report. Information for each transaction must
include all of the following:
(A) Name of credit provider.
(B) Name of credit recipient.
(C) Date the trade occurred.
[[Page 15963]]
(D) Quantity of credits traded.
(E) Model year in which the credits were earned.
(iii) Unless a manufacturer reports the data required by this
section in the annual production report required under Sec. 86.1844-
01(e), a manufacturer must submit an annual report for each model year
after production ends for all affected vehicles produced by the
manufacturer subject to the provisions of this subpart and no later
than May 1 of the calendar year following the given model year. Annual
reports must be submitted to: Director, Compliance and Innovative
Strategies Division, U.S. Environmental Protection Agency, 2000
Traverwood, Ann Arbor, Michigan 48105.
(iv) Failure by a manufacturer to submit the annual report in the
specified time period for all vehicles subject to the provisions in
this section is a violation of section 203(a)(1) of the Clean Air Act
(42 U.S.C. 7522) for each applicable vehicle produced by that manufacturer.
(v) If EPA or the manufacturer determines that a reporting error
occurred on an annual report previously submitted to EPA, the
manufacturer's credit or debit calculations will be recalculated. EPA
may void erroneous credits, unless traded, and must adjust erroneous
debits. In the case of traded erroneous credits, EPA must adjust the
selling manufacturer's credit or debit balance to reflect the sale of
such credits and any resulting generation of debits.
(3) Notice of opportunity for hearing. Any voiding of the
certificate under paragraph (p)(1)(vi) of this section will be made
only after EPA has offered the affected manufacturer an opportunity for
a hearing conducted in accordance with Sec. 86.614-84 for light-duty
vehicles or Sec. 86.1014-84 for light-duty trucks and, if a
manufacturer requests such a hearing, will be made only after an
initial decision by the Presiding Officer.
[FR Doc. 06-2315 Filed 3-28-06; 8:45 am]
BILLING CODE 6560-50-P
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