[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                    40


          Part 86 (86.600-1--End)

                         Revised as of July 1, 2002

Protection of Environment





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2002
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



[[Page ii]]






                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2002



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
  Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area 
                              (202) 512-1800
      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency                 3
  Finding Aids:
      Material Approved for Incorporation by Reference........     635
      Table of CFR Titles and Chapters........................     637
      Alphabetical List of Agencies Appearing in the CFR......     655
      List of CFR Sections Affected...........................     665



[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 86.601-84 
                       refers to title 40, part 
                       86, section 601-84.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2002), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
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Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.access.gpo.gov/
nara (``GPO Access''). For more information, contact Electronic 
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Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2002.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-eight 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part 
63 (63.1-63.599), part 63 (63.600-1-63.1199), part 63 (63.1200-End), 
parts 64-71, parts 72-80, parts 81-85, part 86 (86.1-86.599-99) part 86 
(86.600-1-End), parts 87-99, parts 100-135, parts 136-149, parts 150-
189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 
400-424, parts 425-699, parts 700-789, and part 790 to End. The contents 
of these volumes represent all current regulations codified under this 
title of the CFR as of July 1, 2001.

    Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index and Crop 
Grouping Commodities Index appear in parts 150-189. A Toxic Substances 
Chemical--CAS Number Index appears in parts 700-789 and part 790 to End. 
Redesignation Tables appear in the volumes containing parts 50-51, parts 
150-189, and parts 700-789. Regulations issued by the Council on 
Environmental Quality appear in the volume containing part 790 to End. 
The OMB control numbers for title 40 appear in Sec. 9.1 of this chapter.

[[Page x]]





[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                      (This book contains part 86)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          86

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
86              Control of emissions from new and in-use 
                    highway vehicles and engines............           5

[[Page 5]]



                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)



PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES (CONTINUED)--Table of Contents




  Subpart G--Selective Enforcement Auditing of New Light-Duty Vehicles

Sec.
86.601-1--86.601-83 [Reserved]
86.601-84 Applicability.
86.602-84 Definitions.
86.602-97 Definitions.
86.602-98 Definitions.
86.603-88 Test orders.
86.603-97 Test orders.
86.603-98 Test orders.
86.604-84 Testing by the Administrator.
86.605-88 Maintenance of records; submittal of information.
86.605-98 Maintenance of records; submittal of information.
86.606-84 Entry and access.
86.607-84 Sample selection.
86.608-88 Test procedures.
86.608-90 Test procedures.
86.608-96 Test procedures.
86.608-97 Test procedures.
86.608-98 Test procedures.
86.609-84 Calculation and reporting of test results.
86.609-96 Calculation and reporting of test results.
86.609-97 Calculation and reporting of test results.
86.609-98 Calculation and reporting of test results.
86.610-96 Compliance with acceptable quality level and passing and 
          failing criteria for Selective Enforcement Audits.
86.610-98 Compliance with acceptable quality level and passing and 
          failing criteria for Selective Enforcement Audits.
86.612-84 Suspension and revocation of certificates of conformity.
86.612-97 Suspension and revocation of certificates of conformity.
86.614-84 Hearings on suspension, revocation, and voiding of 
          certificates of conformity.
86.615-84 Treatment of confidential information.

 Subpart H--General Provisions for In-Use Emission Regulations for 1994 
     and Later Model Year Light-Duty Vehicles and Light-Duty Trucks

86.701-94 General applicability.
86.702-94 Definitions.
86.703-94 Abbreviations.
86.704-94 Section numbering; construction.
86.705-94--86.707-94 [Reserved]
86.708-94 In-use emission standards for 1994 and later model year light-
          duty vehicles.
86.708-98 In-use emission standards for 1998 and later model year light-
          duty vehicles.
86.709-94 In-use emission standards for 1994 and later model year light-
          duty trucks.
86.709-99 In-use emission standards for 1999 and later model year light-
          duty trucks.

Subpart I--Emission Regulations for New Diesel Heavy-Duty Engines; Smoke 
                         Exhaust Test Procedure

86.884-1 General applicability.
86.884-2 Definitions.
86.884-3 Abbreviations.
86.884-4 Section numbering.
86.884-5 Test procedures.
86.884-6 Fuel specifications.
86.884-7 Dynamometer operation cycle for smoke emission tests.
86.884-8 Dynamometer and engine equipment.
86.884-9 Smoke measurement system.
86.884-10 Information.
86.884-11 Instrument checks.
86.884-12 Test run.
86.884-13 Data analysis.
86.884-14 Calculations.

   Subpart J--Fees for the Motor Vehicle and Engine Compliance Program

86.901-93 Abbreviations.
86.902-01 Definitions.
86.902-93 Definitions.
86.903-93 Applicability.
86.904-93 Section numbering; construction.
86.905-93 Purpose.
86.906-93 MVEPC certification request types.
86.907-01 Fee amounts.
86.907-93 Fee amounts.
86.908-01 Waivers and refunds.
86.908-93 Waivers and refunds.
86.909-93 Payment.
86.910-93 Deficiencies.
86.911-93 Adjustments of fees.

  Subpart K--Selective Enforcement Auditing of New Heavy-Duty Engines, 
               Heavy-Duty Vehicles, and Light-Duty Trucks

86.1001-84 Applicability.
86.1002-84 Definitions.
86.1002-97 Definitions.
86.1002-2001 Definitions.
86.1003-90 Test orders.
86.1003-97 Test orders.
86.1003-2001 Test orders.
86.1004-84 Testing by the Administrator.

[[Page 6]]

86.1005-90 Maintenance of records; submittal of information.
86.1006-84 Entry and access.
86.1007-84 Sample selection.
86.1008-90 Test procedures.
86.1008-96 Test procedures.
86.1008-97 Test procedures.
86.1008-2001 Test procedures.
86.1008-2004 Test procedures.
86.1009-84 Calculation and reporting of test results.
86.1009-96 Calculation and reporting of test results.
86.1009-97 Calculation and reporting of test results.
86.1009-2001 Calculation and reporting of test results.
86.1010-96 Compliance with acceptable quality level and passing and 
          failing criteria for Selective Enforcement Audits.
86.1010-2001 Compliance with acceptable quality level and passing and 
          failing criteria for Selective Enforcement Audits.
86.1012-84 Suspension and revocation of certificates of conformity.
86.1012-97 Suspension and revocation of certificates of conformity.
86.1014-84 Hearings on suspension, revocation and voiding of certificate 
          of conformity.
86.1014-97 Hearings on suspension, revocation and voiding of 
          certificates of conformity.
86.1015 Treatment of confidential information.

   Subpart L--Nonconformance Penalties for Gasoline-Fueled and Diesel 
 Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks

86.1101-87 Applicability.
86.1102-87 Definitions.
86.1103-87 Criteria for availability of nonconformance penalties.
86.1104-91 Determination of upper limits.
86.1105-87 Emission standards for which nonconformance penalties are 
          available.
86.1106-87 Production compliance auditing.
86.1107-87 Testing by the Administrator.
86.1108-87 Maintenance of records.
86.1109-87 Entry and access.
86.1110-87 Sample selection.
86.1111-87 Test procedures for PCA testing.
86.1112-87 Determining the compliance level and reporting of test 
          results.
86.1113-87 Calculation and payment of penalty.
86.1114-87 Suspension and voiding of certificates of conformity.
86.1115-87 Hearing procedures for nonconformance determinations and 
          penalties.
86.1116-87 Treatment of confidential information.

Subpart M--Evaporative Emission Test Procedures for New Gasoline-Fueled, 
 Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled 
                           Heavy-Duty Vehicles

86.1201-90 Applicability.
86.1202-85 Definitions.
86.1203-85 Abbreviations.
86.1204 Section numbering.
86.1205-90 Introduction; structure of subpart.
86.1206-90 Equipment required; overview.
86.1206-96 Equipment required; overview.
86.1207-90 Sampling and analytical systems; evaporative emissions.
86.1207-96 Sampling and analytical system; evaporative emissions.
86.1213-04 Fuel specifications.
86.1213-90 Fuel specifications.
86.1213-94 Fuel specifications.
86.1214-85 Analytical gases.
86.1215-85 EPA heavy-duty vehicle (HDV) urban dynamometer driving 
          schedule.
86.1216-90 Calibrations; frequency and overview.
86.1217-90 Evaporative emission enclosure calibrations.
86.1217-96 Evaporative emission enclosure calibrations.
86.1218-85 Dynamometer calibration.
86.1221-90 Hydrocarbon analyzer calibration.
86.1226-85 Calibration of other equipment.
86.1227-90 Test procedures; overview.
86.1227-96 Test procedures; overview.
86.1228-85 Transmissions.
86.1229-85 Dynamometer load determination and fuel temperature profile.
86.1230-85 Test sequence; general requirements.
86.1230-96 Test sequence; general requirements.
86.1231-90 Vehicle preparation.
86.1231-96 Vehicle preparation.
86.1232-90 Vehicle preconditioning.
86.1232-96 Vehicle preconditioning.
86.1233-90 Diurnal breathing loss test.
86.1233-96 Diurnal emission test.
86.1234-96 Running loss test.
86.1235-85 Dynamometer procedure.
86.1235-96 Dynamometer procedure.
86.1236-85 Engine starting and restarting.
86.1237-85 Dynamometer runs.
86.1237-96 Dynamometer runs.
86.1238-90 Hot soak test.
86.1238-96 Hot soak test.
86.1242-90 Records required.
86.1243-90 Calculations; evaporative emissions.
86.1243-96 Calculations; evaporative emissions.
86.1246-96 Fuel dispensing spitback procedure.

[[Page 7]]

Subpart N--Emission Regulations for New Otto-Cycle and Diesel Heavy-Duty 
        Engines; Gaseous and Particulate Exhaust Test Procedures

86.1301-90 Scope, applicability.
86.1302-84 Definitions.
86.1303-84 Abbreviations.
86.1304-90 Section numbering; construction.
86.1305-90 Introduction; structure of subpart.
86.1305-2004 Introduction; structure of subpart.
86.1306-07 Equipment required and specifications; overview.
86.1306-90 Equipment required and specifications; overview.
86.1306-96 Equipment required and specifications; overview.
86.1308-84 Dynamometer and engine equipment specifications.
86.1309-90 Exhaust gas sampling system; Otto-cycle and non-petroleum-
          fueled engines.
86.1310-90 Exhaust gas sampling and analytical system; diesel engines.
86.1310-2007 Exhaust gas sampling and analytical system for gaseous 
          emissions from heavy-duty diesel-fueled engines and 
          particulate emissions from all engines.
86.1311-90 Exhaust gas analytical system; CVS bag sample.
86.1311-94 Exhaust gas analytical system; CVS bag sample.
86.1312-88 Weighing chamber and microgram balance specifications.
86.1312-2007 Filter stabilization and microbalance workstation 
          environmental conditions, microbalance specifications, and 
          particulate matter filter handling and weighing procedures.
86.1313-91 Fuel specifications.
86.1313-94 Fuel specifications.
86.1313-98 Fuel specifications.
86.1313-2004 Fuel specifications.
86.1313-2007 Fuel specifications.
86.1314-84 Analytical gases.
86.1314-94 Analytical gases.
86.1316-90 Calibrations; frequency and overview.
86.1316-94 Calibrations; frequency and overview.
86.1318-84 Engine dynamometer system calibrations.
86.1319-84 CVS calibration.
86.1319-90 CVS calibration.
86.1320-90 Gas meter or flow instrumentation calibration; particulate, 
          methanol, and formaldehyde measurement.
86.1321-90 Hydrocarbon analyzer calibration.
86.1321-94 Hydrocarbon analyzer calibration.
86.1322-84 Carbon monoxide analyzer calibration.
86.1323-84 Oxides of nitrogen analyzer calibration.
86.1323-2007 Oxides of nitrogen analyzer calibration.
86.1324-84 Carbon dioxide analyzer calibration.
86.1325-94 Methane analyzer calibration.
86.1326-90 Calibration of other equipment.
86.1327-90 Engine dynamometer test procedures; overview.
86.1327-94 Engine dynamometer test procedures; overview.
86.1327-96 Engine dynamometer test procedures; overview.
86.1327-98 Engine dynamometer test procedures; overview.
86.1330-84 Test sequence; general requirements.
86.1330-90 Test sequence; general requirements.
86.1332-90 Engine mapping procedures.
86.1333-90 Transient test cycle generation.
86.1334-84 Pre-test engine and dynamometer preparation.
86.1335-90 Cool-down procedure.
86.1336-84 Engine starting, restarting, and shutdown.
86.1337-90 Engine dynamometer test run.
86.1337-96 Engine dynamometer test run.
86.1337-2007 Engine dynamometer test run.
86.1338-84 Emission measurement accuracy.
86.1338-2007 Emission measurement accuracy.
86.1339-90 Particulate filter handling and weighing.
86.1340-90 Exhaust sample analysis.
86.1340-94 Exhaust sample analysis.
86.1341-90 Test cycle validation criteria.
86.1341-98 Test cycle validation criteria.
86.1342-90 Calculations; exhaust emissions.
86.1342-94 Calculations; exhaust emissions.
86.1343-88 Calculations; particulate exhaust emissions.
86.1344-90 Required information.
86.1344-94 Required information.
86.1360-2007 Supplemental emission test; test cycle and procedures.
86.1370-2007 Not-To-Exceed test procedures.
86.1372-2007 Measuring smoke emissions within the NTE zone.
86.1380-2004 Load response test.

   Subpart O--Emission Regulations for New Gasoline-Fueled Otto-Cycle 
   Light-Duty Vehicles and New Gasoline-Fueled Otto-Cycle Light-Duty 
               Trucks; Certification Short Test Procedures

86.1401 Scope; applicability.
86.1402 Definitions.
86.1403 Abbreviations.
86.1404 [Reserved]
86.1405 Introduction; structure of subpart.
86.1406 Equipment required and specifications; overview.
86.1407-86.1412 [Reserved]
86.1413 Fuel specifications.

[[Page 8]]

86.1414-86.1415 [Reserved]
86.1416 Calibration; frequency and overview.
86.1417-86.1421 [Reserved]
86.1422 Analyzer calibration.
86.1423-86.1426 [Reserved]
86.1427 Certification Short Test procedure; overview.
86.1428-86.1429 [Reserved]
86.1430 Certification Short Test sequence; general requirements.
86.1431 [Reserved]
86.1432 Vehicle preparation.
86.1433 [Reserved]
86.1434 Equipment preparation.
86.1435-86.1436 [Reserved]
86.1437 Test run--manufacturer.
86.1438 Test run--EPA.
86.1439 Certification Short Test emission test procedures--EPA.
86.1440-86.1441 [Reserved]
86.1442 Information required.

 Subpart P--Emission Regulations for Otto-Cycle Heavy-Duty Engines, New 

 Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-Fueled 
 
Diesel-Cycle Heavy-Duty Engines, New Otto-Cycle Light-Duty Trucks, and 
 
 New Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-
 
      Fueled Diesel-Cycle Light-Duty Trucks; Idle Test Procedures

86.1501-90 Scope; applicability.
86.1501-94 Scope; applicability.
86.1502-84 Definitions.
86.1503-84 Abbreviations.
86.1504-90 Section numbering; construction.
86.1504-94 Section numbering; construction.
86.1505-84 Introduction; structure of subpart.
86.1505-90 Introduction; structure of subpart.
86.1505-94 Introduction; structure of subpart.
86.1506-90 Equipment required and specifications; overview.
86.1506-94 Equipment required and specifications; overview.
86.1509-84 Exhaust gas sampling system.
86.1511-84 Exhaust gas analysis system.
86.1513-90 Fuel specifications.
86.1513-94 Fuel specifications.
86.1514-84 Analytical gases.
86.1516-84 Calibration; frequency and overview.
86.1519-84 CVS calibration.
86.1522-84 Carbon monoxide analyzer calibration.
86.1524-84 Carbon dioxide analyzer calibration.
86.1526-84 Calibration of other equipment.
86.1527-84 Idle test procedure; overview.
86.1530-84 Test sequence; general requirements.
86.1537-84 Idle test run.
86.1540-84 Idle exhaust sample analysis.
86.1542-84 Information required.
86.1544-84 Calculation; idle exhaust emissions.

Subpart Q--Regulations for Altitude Performance Adjustments for New and 
                    In-Use Motor Vehicles and Engines

86.1601 General applicability.
86.1602 Definitions.
86.1603 General requirements.
86.1604 Conditions for disapproval.
86.1605 Information to be submitted.
86.1606 Labeling.

 Subpart R--General Provisions for the Voluntary National Low Emission 
      Vehicle Program for Light-Duty Vehicles and Light-Duty Trucks

86.1701-99 General applicability.
86.1702-99 Definitions.
86.1703-99 Abbreviations.
86.1704-99 Section numbering; construction.
86.1705-99 General provisions; opt-in.
86.1706-99 National LEV program in effect.
86.1707-99 General provisions; opt-outs.
86.1708-99 Exhaust emission standards for 1999 and later light-duty 
          vehicles.
86.1709-99 Exhaust emission standards for 1999 and later light light-
          duty trucks.
86.1710-99 Fleet average non-methane organic gas exhaust emission 
          standards for light-duty vehicles and light light-duty trucks.
86.1711-99 Limitations on sale of Tier 1 vehicles and TLEVs.
86.1712-99 Maintenance of records; submittal of information.
86.1713-01 [Reserved]
86.1713-99 Light-duty exhaust durability programs; five percent cap.
86.1714-01 [Reserved]
86.1714-99 Small-volume manufacturers certification procedures.
86.1715-01 [Reserved]
86.1715-99 [Reserved]
86.1716-01 [Reserved]
86.1716-99 Prohibition of defeat devices.
86.1717-01 Emission control diagnostic system for 1999 and later light-
          duty vehicles and light-duty trucks.
86.1717-99 Emission control diagnostic system for 1999 and later light-
          duty vehicles and light-duty trucks.
86.1718-99--86.1720-99 [Reserved]
86.1721-01 Application for certification.
86.1721-99 Application for certification.
86.1722-01 [Reserved]
86.1722-99 [Reserved]
86.1723-01 [Reserved]
86.1723-99 Required data.
86.1724-01 Emission data vehicle selection.
86.1724-99 Test vehicles and engines.
86.1725-01 Allowable maintenance.
86.1725-99 Maintenance.

[[Page 9]]

86.1726-01 [Reserved]
86.1726-99 Mileage and service accumulation; emission measurements.
86.1727-99 [Reserved]
86.1728-01 Compliance with emission standards for the purpose of 
          certification.
86.1728-99 Compliance with emission standards.
86.1729-99--86.1733-99 [Reserved]
86.1734-01 [Reserved]
86.1734-99 Alternative procedure for notification of additions and 
          changes.
86.1735-01 Labeling.
86.1735-99 Labeling.
86.1736-99--86.1769-99 [Reserved]
86.1770-99 All-Electric Range Test requirements.
86.1771-99 Fuel specifications.
86.1772-99 Road load power, test weight, and inertia weight class 
          determination.
86.1773-99 Test sequence; general requirements.
86.1774-99 Vehicle preconditioning.
86.1775-99 Exhaust sample analysis.
86.1776-99 Records required.
86.1777-99 Calculations; exhaust emissions.
86.1778-99 Calculations; particulate emissions.
86.1779-99 General enforcement provisions.
86.1780-99 Prohibited acts.

 Subpart S--General Compliance Provisions for Control of Air Pollution 
From New and In-Use Light-Duty Vehicles, Light-Duty Trucks, and Complete 
                     Otto-Cycle Heavy-Duty Vehicles

86.1801-01 Applicability.
86.1802-01 Section numbering; construction.
86.1803-01 Definitions.
86.1804-01 Acronyms and abbreviations.
86.1805-01 Useful life.
86.1805-04 Useful life.
86.1806-01 On-board diagnostics.
86.1806-05 On-board diagnostics.
86.1807-01 Vehicle labeling.
86.1807-07 Vehicle labeling.
86.1808-01 Maintenance instructions.
86.1808-07 Maintenance instructions.
86.1809-01 Prohibition of defeat devices.
86.1810-01 General standards; increase in emissions; unsafe conditions; 
          waivers
86.1811-01 Emission standards for light-duty vehicles.
86.1811-04 Emission standards for light-duty vehicles, light-duty trucks 
          and medium-duty passenger vehicles.
86.1812-01 Emission standards for light-duty trucks 1.
86.1813-01 Emission standards for light-duty trucks 2.
86.1814-01 Emission standards for light-duty trucks 3.
86.1814-02 Emission standards for light-duty trucks 3.
86.1815-01 Emission standards for light-duty trucks 4.
86.1815-02 Emission standards for light-duty trucks 4.
86.1816-05 Emission standards for complete heavy-duty vehicles.
86.1816-08 Emission standards for complete heavy-duty vehicles.
86.1817-05 Complete heavy-duty vehicle averaging, trading, and banking 
          program.
86.1817-08 Complete heavy-duty vehicle averaging, trading, and banking 
          program.
86.1818-86.1819 [Reserved]
86.1820-01 Durability group determination.
86.1821-01 Evaporative/refueling family determination.
86.1822-01 Durability data vehicle selection.
86.1823-01 Durability demonstration procedures for exhaust emissions.
86.1824-01 Durability demonstration procedures for evaporative 
          emissions.
86.1824-07 Durability demonstration procedures for evaporative 
          emissions.
86.1825-01 Durability demonstration procedures for refueling emissions.
86.1826-01 Assigned deterioration factors for small volume manufacturers 
          and small volume test groups.
86.1827-01 Test group determination.
86.1828-01 Emission data vehicle selection.
86.1829-01 Durability and emission testing. requirements; waivers.
86.1830-01 Acceptance of vehicles for emission testing.
86.1831-01 Mileage accumulation requirements for test vehicles.
86.1832-01 Optional equipment and air conditioning for test vehicles.
86.1833-01 Adjustable parameters.
86.1834-01 Allowable maintenance.
86.1835-01 Confirmatory certification testing.
86.1836-01 Manufacturer-supplied production vehicles for testing.
86.1837-01 Rounding of emission measurements.
86.1838-01 Small volume manufacturers certification procedures.
86.1839-01 Carryover of certification data.
86.1840-01 Special test procedures.
86.1841-01 Compliance with emission standards for the purpose of 
          certification.
86.1842-01 Addition of a vehicle after certification; and changes to a 
          vehicle covered by certification.
86.1843-01 General information requirements.
86.1844-01 Information requirements: Application for certification and 
          submittal of information upon request.
86.1845-01 Manufacturer in-use verification testing requirements.
86.1845-04 Manufacturer in-use verification testing requirements.
86.1846-01 Manufacturer in-use confirmatory testing requirements.

[[Page 10]]

86.1847-01 Manufacturer in-use verification and in-use confirmatory 
          testing; submittal of information and maintenance of records.
86.1848-01 Certification.
86.1849-01 Right of entry.
86.1850-01 Denial, suspension or revocation of certificate of 
          conformity.
86.1851-01 Application of good engineering judgment to manufacturers' 
          decisions.
86.1852-01 Waivers for good in-use emission performance.
86.1853-01 Certification hearings.
86.1854-86.1859 [Reserved]
86.1860-04 How to comply with the Tier 2 and interim non-Tier 2 fleet 
          average NOX standards.
86.1861-04 How do the Tier 2 and interim non-Tier 2 NOX 
          averaging, banking and trading programs work?
86.1862-04 Maintenance of records and submittal of information relevant 
          to compliance with fleet average NOX standards.
86.1863-07 Optional chassis certification for diesel vehicles.

Appendix I to Subpart S to Part 86--Vehicle Procurement Methodology
Appendix II to Subpart S to Part 86--As-Received Testing Vehicle 
          Rejection Criteria
Appendix III to Subpart S to Part 86--As-Received Inspection

    Subpart AA--Reporting and Recordkeeping Requirements for Part 86

86.2500 Reporting and recordkeeping requirements.

Appendix I to Part 86--Urban Dynamometer Schedules
Appendix II to Part 86--Temperature Schedules
Appendix III to Part 86--Constant Volume Sampler Flow Calibration
Appendix IV to Part 86--Durability Driving Schedules
Appendix V to Part 86 [Reserved]
Appendix VI to Part 86--Vehicle and Engine Components
Appendixes VII-IX to Part 86 [Reserved]
Appendix X to Part 86--Sampling Plans for Selective Enforcement Auditing 
          of Heavy-Duty Engines and Light-Duty Trucks
Appendix XI to Part 86--Sampling Plans for Selective Enforcement 
          Auditing of Light-Duty Vehicles
Appendix XII to Part 86--Tables for Production Compliance Auditing of 
          Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-
          Duty Trucks
Appendix XIII to Part 86--State Requirements Incorporated by Reference 
          in Part 86 of the Code of Federal Regulations
Appendix XIV to Part 86--Determination of Acceptable Durability Test 
          Schedule for Light-Duty Vehicles and Light Light-Duty Trucks 
          Certifying to the Provisions of Part 86, Subpart R
Appendix XV to Part 86--Procedure for Determining an Acceptable Exhaust 
          Regeneration Durability-Data Test Schedule for Diesel Cycle 
          Vehicles Equipped With Periodically Regenerating Trap Oxidizer 
          Systems Certifying to the Provisions of Part 86, Subpart R
Appendix XVI to Part 86--Pollutant Mass Emissions Calculation Procedure 
          for Gaseous-Fueled Vehicles and for Vehicles Equipped With 
          Periodically Regenerating Trap Oxidizer Systems Certifying to 
          the Provisions of Part 86, Subpart R
Appendix XVII to Part 86--Procedure for Determining Vehicle Emission 
          Control Technology Category/Fuel Reactivity Adjustment Factors 
          for Light-Duty Vehicles and Light Light-Duty Trucks Certifying 
          to the Provisions of Part 86, Subpart R
Appendix XVIII to Part 86--Statistical Outlier Identification Procedure 
          for Light-Duty Vehicles and Light Light-Duty Trucks Certifying 
          to the Provisions of Part 86, Subpart R

    Authority: 42 U.S.C. 7401-7521(l) and 7521(m)-7671q.

    Effective Date Note: The new information collection requirements for 
part 86 published in the Federal Register at 59 FR 16262, Apr. 6, 1994, 
which apply to 1998 and later model year vehicles, have not been 
approved by the Office of Management and Budget (OMB) and are not 
effective. The Environmental Protection Agency will publish a document 
once OMB approves the information collection requirements.

    Editorial Note: Nomenclature changes to part 86 appear at 60 FR 
34377, June 30, 1995.



  Subpart G--Selective Enforcement Auditing of New Light-Duty Vehicles

    Source: 41 FR 31483, July 28, 1976, unless otherwise noted.



Sec. 86.601-1--86.601-83  [Reserved]



Sec. 86.601-84  Applicability.

    For 1984 and later model year light-duty vehicles, all provisions of 
this subpart are applicable. The provisions of this subpart are not 
applicable to 1984 and later model year light-duty trucks.

[[Page 11]]

    (a) Section numbering; construction. (1) The model year of initial 
applicability is indicated by the two digits following the hyphen of the 
section number. A section remains in effect for subsequent model years 
until it is superseded.
    (2) A section reference without a model year suffix shall be 
interpreted to be a reference to the section applicable to the 
appropriate model year.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of this 
part.

(Secs. 206, 208(a) and 301(a), Clean Air Act, as amended, 42 U.S.C. 
7525, 7542(a) and 7601(a))

[49 FR 69, Jan. 3, 1984. Redesignated at 54 FR 2122, Jan. 19, 1989, as 
amended at 62 FR 31234, June 6, 1997; 64 FR 23922, May 4, 1999]



Sec. 86.602-84  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined herein have the 
meaning given them in the Act.
    (1) Acceptable Quality Level (AQL) means the maximum percentage of 
failing vehicles that, for purposes of sampling inspection, can be 
considered satisfactory as a process average.
    (2) Axle Ratio means all ratios within [plusmn]3% of the axle ratio 
specified in the configuration in the test order.
    (3) Configuration means a subclassification of an engine-system 
combination on the basis of engine code, inertia weight class, 
transmission type and gear ratios, axle ratio, and other parameters 
which may be designated by the Administrator.
    (4) Test Sample means the collection of vehicles of the same 
configuration which have been drawn from the population of vehicles of 
that configuration and which will receive exhaust emission testing.
    (5) Inspection Criteria means the pass and fail numbers associated 
with a particular sampling plan.
    (6) Vehicle means any new production light-duty vehicle as defined 
in subpart A of this part.
    (7) Test Vehicle means a vehicle in a test sample.
    (8) In the Hands of the Manufacturer means that vehicles are still 
in the possession of the manufacturer and have not had their bills of 
lading transferred to another person for the purpose of transporting.

[49 FR 48480, Dec. 12, 1984. Redesignated at 54 FR 2122, Jan. 19, 1989]



Sec. 86.602-97  Definitions.

    Section 86.602-97 includes text that specifies requirements that 
differ from those specified in Sec. 86.602-84. Where a paragraph in 
Sec. 86.602-84 is identical and applicable to Sec. 86.602-97, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.602-84.''
    (a) through (b)(8) [Reserved]. For guidance see Sec. 86.602-84.
    (b)(9) Executive Officer means the Executive Officer of the 
California Air Resources Board or his or her authorized representative.
    (10) Executive Order means the document the Executive Officer grants 
a manufacturer for an engine family that certifies the manufacturer has 
verified that the engine family complies with all applicable standards 
and requirements pursuant to Title 13 of the California Code of 
Regulations.
    (11) 50-state engine family means an engine family that meets both 
federal and California Air Resources Board motor vehicle emission 
control regulations and has received a federal certificate of conformity 
as well as an Executive Order.

[62 FR 31234, June 6, 1997]



Sec. 86.602-98  Definitions.

    Section 86.602-98 includes text that specifies requirements that 
differ from Sec. 86.602-84. Where a paragraph in Sec. 86.602-84 is 
identical and applicable to Sec. 86.602-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.602-84.'' Where a corresponding paragraph of 
Sec. 86.602-84 is not applicable, this is indicated by the statement 
``[Reserved].''.
    (a) through (b)(2) [Reserved]. For guidance see Sec. 86.602-84.

[[Page 12]]

    (b)(3)(i) Configuration, when used for LDV exhaust emissions 
testing, means a subclassification of an engine-system combination on 
the basis of engine code, inertia weight class, transmission type and 
gear ratios, axle ratio, and other parameters which may be designated by 
the Administrator.
    (ii) Configuration, when used for LDV refueling emissions testing, 
means a subclassification of an evaporative/refueling emission family on 
the basis of evaporative and refueling control system and other 
parameters which may be designated by the Administrator.
    (4) Test sample means the collection of vehicles of the same 
configuration which have been drawn from the population of vehicles of 
that configuration and which will receive emission testing.
    (b)(5) through (b)(8) [Reserved]. For guidance see Sec. 86.602-84.
    (9) Executive Officer means the Executive Officer of the California 
Air Resources Board or his or her authorized representative.
    (10) Executive Order means the document the Executive Officer grants 
a manufacturer for an engine family that certifies the manufacturer has 
verified that the engine family complies with all applicable standards 
and requirements pursuant to Title 13 of the California Code of 
Regulations.
    (11) 50-state engine family means an engine family that meets both 
federal and California Air Resources Board motor vehicle emission 
control regulations and has received a federal certificate of conformity 
as well as an Executive Order.

[59 FR 16300, Apr. 6, 1994, as amended at 62 FR 31234, June 6, 1997]



Sec. 86.603-88  Test orders.

    (a) The Administrator will require any testing under this subpart by 
means of a test order addressed to the manufacturer.
    (b) The test order will be signed by the Assistant Administrator for 
Air and Radiation or his designee. The test order will be delivered in 
person by an EPA Enforcement Officer to a company representative or sent 
by registered mail, return receipt requested, to the manufacturer's 
representative who signs the Application for Certification submitted by 
the manufacturer pursuant to the requirements of the applicable sections 
of subpart A of this part. Upon receipt of a test order, the 
manufacturer shall comply with all of the provisions of this subpart and 
instructions in the test order.
    (c)(1) The test order will specify the vehicle configuration 
selected for testing, the time and location at which vehicles must be 
selected, and the procedure by which vehicles of the specified 
configuration must be selected. The test order may specify the number of 
vehicles to be selected per day and may include alternative 
configurations (primary, secondary, etc.) to be selected for testing in 
the event that vehicles of the first specified configuration are not 
available for testing because those vehicles are not being manufactured 
at the specified assembly plant, not being manufactured during the 
specified time, or not being stored at the specified assembly plant or 
associated storage facility. If total production of the specified 
vehicle configuration is less than the number specified in the test 
order, the manufacturer will select the actual number of vehicles 
produced per day. If the first specified configuration is not being 
manufactured at a rate of at least four vehicles per day over the 
expected duration of the audit, the Assistant Administrator for Air and 
Radiation or his designated representative may select vehicles of a 
primary alternate configuration for testing in lieu of the first 
specified configuration. Likewise, vehicles of a secondary alternate 
configuration may be selected in lieu of vehicles of the first specified 
configuration or primary alternate configuration. In addition, the test 
order may include other directions or information essential to the 
administration of the required testing.
    (2) The following instructions are applicable to each test order 
issued under this subpart:
    (i) The manufacturer shall make the following documents available to 
an EPA Enforcement Officer upon request:
    (A) A properly filed and current Application for Certification 
following the format prescribed by the EPA for the appropriate model 
year; and

[[Page 13]]

    (B) A copy of the shop manual, dealer service bulletins, and pre-
delivery inspection procedures for the configuration being tested.
    (ii) Only one mechanic at a time per vehicle shall make authorized 
checks, adjustments, or repairs, unless a particular check, adjustment, 
or repair requires a second mechanic as indicated in the shop manual or 
dealer service bulletins.
    (iii) A mechanic shall not perform any check, adjustment, or repair 
without an Enforcement Officer present unless otherwise authorized.
    (iv) The manufacturer shall utilize only those tools and test 
equipment utilized by its dealers when performing authorized checks, 
adjustments, or repairs.
    (d) A manufacturer may indicate preferred assembly plants for the 
various engine families produced by the manufacturer for selection of 
vehicles in response to a test order. This shall be accomplished by 
submitting a list of engine families and the corresponding assembly 
plants from which the manufacturer desires to have vehicles selected to 
the Administrator. In order that a manufacturer's preferred location for 
issuance of a test order for a configuration of a particular engine 
family be considered, the list must be submitted prior to issuance of 
the test order. Notwithstanding the fact that a manufacturer has 
submitted the above list, the Administrator may, upon making the 
determination that evidence exists indicating noncompliance at other 
than the manufacturer's preferred plant, order testing at such other 
plant where vehicles of the configuration specified in the test order 
are assembled.
    (e) During a given model year, the Administrator shall not issue to 
a manufacturer more SEA test orders than an annual limit determined by 
dividing the projected sales bound for the U.S. market for that model 
year, as made by the manufacturer in its report submitted under 
paragraph (a)(2) of Sec. 600.207-80 of the Automobile Fuel Economy 
Regulations, by 300,000 and rounding to the nearest whole number, unless 
the projected sales are less than 150,000, in which case the annual 
limit is one. However, the annual limit for SEA test orders will be 
recalculated if a manufacturer submits to EPA in writing prior to or 
during the model year a sales projection update.
    (1) Any SEA test order for which the configuration fails in 
accordance with Sec. 86.610 or for which testing is not completed does 
not count against the annual limit.
    (2) When the annual limit has been met, the Administrator may issue 
additional test orders for those configurations for which evidence 
exists indicating noncompliance. An SEA test order issued on this basis 
will include a statement as to the reason for its issuance.

[41 FR 31483, July 28, 1976, as amended at 43 FR 4552, Feb. 2, 1978; 49 
FR 48480, Dec. 12, 1984. Redesignated and amended at 54 FR 2122, Jan. 
19, 1989]



Sec. 86.603-97  Test orders.

    Section 86.603-97 includes text that specifies requirements that 
differ from those specified in Sec. 86.603-88. Where a paragraph in 
Sec. 86.603-88 is identical and applicable to Sec. 86.603-97, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.603-88.''
    (a) through (e) [Reserved]. For guidance see Sec. 86.603-88.
    (f) In the event evidence exists indicating an engine family is in 
noncompliance, the Administrator may, in addition to other powers 
provided by this section, issue a test order specifying the engine 
family the manufacturer is required to test.

[62 FR 31234, June 6, 1997]



Sec. 86.603-98  Test orders.

    Section 86.603-98 includes text that specifies requirements that 
differ from Sec. 86.603-88. Where a paragraph in Sec. 86.603-88 is 
identical and applicable to Sec. 86.603-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.603-88.'' Where a corresponding paragraph of 
Sec. 86.603-88 is not applicable, this is indicated by the statement 
``[Reserved].''.
    (a) through (c) [Reserved]. For guidance see Sec. 86.603-88.
    (d) A manufacturer may indicate preferred assembly plants for the 
various

[[Page 14]]

engine families and evaporative/refueling families produced by the 
manufacturer for selection of vehicles in response to a test order. This 
shall be accomplished by submitting a list of engine families with the 
associated evaporative/refueling families, and the corresponding 
assembly plants from which the manufacturer desires to have vehicles 
selected, to the Administrator. In order that a manufacturer's preferred 
location for issuance of a test order for a configuration of a 
particular engine family and/or evaporative/refueling family be 
considered, the list must be submitted prior to issuance of the test 
order. Notwithstanding the fact that a manufacturer has submitted the 
above list, the Administrator may, upon making the determination that 
evidence exists indicating noncompliance at other than the 
manufacturer's preferred plant, order selection at such other plant 
where vehicles of the configuration specified in the test order are 
assembled.
    (e) [Reserved]. For guidance see Sec. 86.603-88.
    (f) In the event evidence exists indicating an engine family is in 
noncompliance, the Administrator may, in addition to other powers 
provided by this section, issue a test order specifying the engine 
family the manufacturer is required to test.

[59 FR 16300, Apr. 6, 1994, as amended at 62 FR 31234, June 6, 1997]



Sec. 86.604-84  Testing by the Administrator.

    (a) The Administrator may require by test order that vehicles of a 
specified configuration be selected in a manner consistent with the 
requirements of Sec. 86.607 and submitted to him at such place as he may 
designate for the purpose of conducting emission tests. These tests 
shall be conducted in accordance with Sec. 86.608 of these regulations 
to determine whether vehicles manufactured by the manufacturer conform 
with the regulations with respect to which the certificate of conformity 
was issued.
    (b)(1) Whenever the Administrator conducts a test on a test vehicle 
or the Administrator and manufacturer each conduct a test on the same 
test vehicle, the results of the Administrator's test shall comprise the 
official data for that vehicle.
    (2) Whenever the manufacturer conducts all tests on a test vehicle, 
the manufacturer's test data will be accepted as the official data: 
Provided, That if the Administrator makes a determination based on 
testing under paragraph (a) of this section that there is a substantial 
lack of agreement between the manufacturer's test results and the 
Administrator's test results, no manufacturer's test data from the 
manufacturer's test facility will be accepted for purposes of this 
subpart.
    (c) In the event that testing conducted under paragraph (a) of this 
section demonstrates a lack of agreement under paragraph (b)(2), of this 
section, the Administrator will:
    (1) Notify the manufacturer in writing of his determination that the 
test facility is inappropriate for conducting the tests required by this 
subpart and the reasons therefor, and
    (2) Reinstate any manufacturer's data upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.
    (d) The manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(2) of this section based 
on data or information which indicates that changes have been made to 
the test facility and such changes have resolved the reasons for 
disqualification.

[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984. 
Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.605-88  Maintenance of records; submittal of information.

    (a) The manufacturer of any new motor vehicle subject to any of the 
standards or procedures prescribed in this part shall establish, 
maintain and retain the following adequately organized and indexed 
records:
    (1) General records. (i) A description of all equipment used to test 
vehicles in accordance with Sec. 86.608 pursuant to a test order issued 
under this subpart, including the following information:
    (A) Dynamometer.
    (1) Inertia loading.

[[Page 15]]

    (2) Road load power absorption at 50 m.p.h.
    (3) Manufacturer, model and serial number.
    (B) Constant Volume Sampler.
    (1) Pressure of the mixture of exhaust and dilution air entering the 
positive displacement pump, pressure increase across the pump, and the 
temperature set point of the temperature control system.
    (2) Number of revolutions of the positive displacement pump 
accumulated while test is in progress and exhaust samples are being 
collected.
    (3) Humidity of dilution air.
    (4) Manufacturer, model, type and serial number.
    (C) Instrumentation.
    (1) Manufacturer, model and serial number for each analyzer.
    (2) Pertinent information such as tuning, gain, ranges and 
calibration data.
    (3) Identification of zero, span, exhaust gas and dilution air 
sample traces.
    (4) Temperature set point of heated sample line and heated 
hydrocarbon detector temperature control system (for diesel vehicles 
only).
    (D) Test cell.
    (1) Barometric pressure, ambient temperature and humidity.
    (2) Data and time of day.
    (ii) In lieu of recording test equipment information, reference to a 
vehicle test cell number may be used, with the advance approval of the 
Administrator: Provided, the test cell records show the pertinent 
information.
    (2) Individual records. These records pertain to each audit 
conducted pursuant to this subpart.
    (i) The location where audit testing was performed, and the date and 
time for each emissions test.
    (ii) The number of miles on the test vehicle when the test began and 
ended.
    (iii) The names of supervisory personnel responsible for the conduct 
of the audit.
    (iv) A record and description of any repairs performed prior to and/
or subsequent to approval by the Administrator, giving the date and time 
of the repair, the reason for it, the person authorizing it, and the 
names of supervisory personnel responsible for the repair.
    (v) The dates when the test vehicles were shipped from the assembly 
plant or the storage facility and when they were received at the testing 
facility.
    (vi) The drive wheel tire pressure and the inertia weight class for 
each test vehicle, and the actual curb weight for each test vehicle 
required to be weighed pursuant to a test order.
    (vii) A complete record of all emission tests performed pursuant to 
this subpart (except tests performed by EPA directly) including all 
individual worksheets and/or other documentation relating to each test, 
or exact copies thereof.
    (viii) A brief description of all significant audit events, 
commencing with the test vehicle selection process, but not described by 
any other subparagraph under paragraph (a)(2) of this section, including 
such extraordinary events as vehicle accident.
    (ix) A paper copy of the driver's trace for each test.
    (3) Additional required records for diesel vehicles.
    (4) The manufacturer shall record test equipment description, 
pursuant to paragraph (a)(1) of this section, for each test cell that is 
used to perform emission testing under this subpart.
    (b) All records required to be maintained under this subpart shall 
be retained by the manufacturer for a period of one (1) year after 
completion of all testing in response to a test order. Records may be 
retained as hard copy or reduced to microfilm, punch cards, etc., 
depending upon the record retention procedures of the manufacturer: 
Provided, That in every case all the information contained in the hard 
copy shall be retained.
    (c) The manufacturer shall, pursuant to a request made by the 
Administrator, submit to the Administrator the following information 
with regard to vehicle production:
    (1) Number of vehicles, by configuration and assembly plant, 
scheduled for production for the time period designated in the request.
    (2) Number of vehicles, by configuration and assembly plant, 
produced during the time period designated in the

[[Page 16]]

request which are complete for introduction into commerce.
    (d) Nothing in this section shall limit the Administrator's 
discretion to require the manufacturer to retain additional records or 
submit information not specifically required by this section.
    (e) All reports, submissions, notifications and requests for 
approvals made under this subpart shall be addressed to:

Director, Manufacturers Operations Division EN-340), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

[41 FR 31483, July 28, 1976, as amended at 44 FR 61962, Oct. 29, 1979; 
49 FR 48481, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.605-98  Maintenance of records; submittal of information.

    Section 86.605-98 includes text that specifies requirements that 
differ from Sec. 86.605-88. Where a paragraph in Sec. 86.605-88 is 
identical and applicable to Sec. 86.605-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.605-88.'' Where a corresponding paragraph of 
Sec. 86.605-88 is not applicable, this is indicated by the statement 
``[Reserved].''.
    (a) through (a)(1)(i)(D) [Reserved]. For guidance see Sec. 86.605-
88.
    (E) Refueling Enclosure (Refueling SHED).
    (1) Total internal volume.
    (2) Capacity of mixing blower.
    (3) Location of refueling access ports.
    (4) Enclosure barometric pressure and ambient temperature.
    (5) Soak area temperature records.
    (F) Fuel Dispenser for Refueling.
    (1) Fuel dispensing rate.
    (2) Manufacturer and model of fuel nozzle.
    (3) Dispensed fuel temperature.
    (4) Dispensed fuel volume.
    (a)(1)(ii) through (e) [Reserved]. For guidance see Sec. 86.605-88.
    (2) [Reserved]

[59 FR 16301, Apr. 6, 1994]



Sec. 86.606-84  Entry and access.

    (a) In order to allow the Administrator to determine whether a 
manufacturer is complying with the provisions of this subpart and a test 
order issued thereunder, EPA Enforcement Officers may enter during 
normal operating hours upon presentation of credentials any of the 
following:
    (1) Any facility where any vehicle to be introduced into commerce or 
any emission-related component is or has been manufactured, assembled, 
or stored;
    (2) Any facility where any tests conducted pursuant to a test order 
or any procedures or activities connected with such tests are or were 
performed;
    (3) Any facility where any vehicle which is being, was, or is to be 
tested is present; and
    (4) Any facility where any record or other document relating to any 
of the above is located.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, EPA Enforcement Officers may:
    (1) Inspect and monitor any part or aspect of vehicle manufacturer, 
assembly, storage, testing and other procedures, and the facilities in 
which these procedures are conducted;
    (2) Inspect and monitor any part or aspect of vehicle test 
procedures or activities, including, but not limited to, vehicle 
selection, preparation, mileage accumulation, preconditioning, emission 
tests, and maintenance; and verify calibration of test equipment;
    (3) Inspect and make copies of any records or documents related to 
the assembly, storage, selection and testing of a vehicle in compliance 
with a test order; and
    (4) Inspect and photograph any part or aspect of any vehicle and any 
component used in its assembly that is reasonably related to the purpose 
of the entry.
    (c) EPA Enforcement Officers may obtain reasonable assistance 
without cost from those in charge of a facility to help them perform any 
function listed in this subpart and may request the recipient of a test 
order to arrange with those in charge of a facility operated for its 
benefit to furnish reasonable assistance without cost to EPA whether or 
not the recipient controls the facility.
    (d) EPA Enforcement Officers may seek a warrant or court order 
authorizing the EPA Enforcement Officers to

[[Page 17]]

conduct activities related to entry and access as authorized in this 
section. EPA Enforcement Officers may proceed ex parte to obtain a 
warrant whether or not the Enforcement Officers first sought permission 
from the recipient of the test order or the party in charge of the 
facilities in question to conduct those activities related to entry and 
access.
    (e) A recipient of a test order shall permit EPA Enforcement 
Officers who present a warrant or court order as described in paragraph 
(d) of this section to conduct activities related to entry and access as 
authorized in this section and as described in the warrant or court 
order. A recipient of a test order shall cause those in charge of its 
facility or a facility operated for its benefit to permit EPA 
Enforcement Officers to conduct these activities related to entry and 
access pursuant to a warrant or court order whether or not the recipient 
controls the facility. In the absence of such a warrant or court order, 
EPA Enforcement Officers may conduct those activities related to entry 
and access only upon the consent of either the recipient of the test 
order or the party in charge of the facilities in question.
    (f) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section 
without a warrant or court order.
    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign law 
does not prohibit EPA Enforcement Officers from conducting the entry and 
access activities specified in this section. EPA will not attempt to 
make any inspections which it has been informed that local foreign law 
prohibits.
    (h) For purposes of this section:
    (1) Presentation of Credentials means display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where vehicle storage areas or facilities are concerned, 
operating hours means all times during which personnel other than 
custodial personnel are at work in the vicinity of the area or facility 
and have access to it.
    (3) Where facilities or areas other than those covered by paragraph 
(h)(2) of this section are concerned, operating hours means all times 
during which an assembly line is in operation, vehicle assembly is 
occurring, or testing, repair, mileage accumulation, production or 
compilation of records, or any other procedure or activity related to 
testing, or to vehicle manufacture or assembly, is being conducted in a 
facility.
    (4) Reasonable assistance includes, but is not limited to, providing 
clerical, copying, interpreting and translating services and, at the 
request of an EPA Enforcement Officer, making available personnel of the 
facility being inspected during their working hours to provide 
information relevant to the Enforcement Officer's activities authorized 
in this section. Any employee whom a manufacturer has instructed to 
appear at the request of an Enforcement Officer may be accompanied, 
represented, and advised by counsel.

[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984. 
Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.607-84  Sample selection.

    (a) Vehicles comprising a test sample which are required to be 
tested, pursuant to a test order issued in accordance with this subpart, 
will be selected at the location and in the manner specified in the test 
order. If a manufacturer determines that the test vehicles cannot be 
selected in the manner specified in the test order, an alternative 
selection procedure may be employed: Provided, That the manufacturer 
requests approval of the alternative procedure in advance of the start 
of test sample selection and that the Administrator approves the 
procedure. Special order vehicles are exempt from sample selection 
unless a test sample cannot be completed otherwise.
    (b) The manufacturer shall have assembled the test vehicles of the 
configuration selected for testing using its normal mass production 
processes for vehicles to be distributed into commerce. During the 
audit, the manufacturer shall inform the Administrator of any change(s) 
implemented in its production processes, including quality

[[Page 18]]

control, which may be reasonably expected to affect the emissions of the 
vehicles selected, between the time the manufacturer received the test 
order and the time the manufacturer finished selecting test vehicles.
    (c) No quality control, testing, or assembly procedures will be used 
on the completed test vehicles or any portion thereof, including parts 
and subassemblies, that has not been or will not be used during the 
production and assembly of all other vehicles of that configuration.
    (d) The test order may specify that EPA Enforcement Officers, rather 
than the manufacturer, will select the test vehicles according to the 
method described in paragraph (a) of this section.
    (e) The order in which test vehicles are selected determines the 
order in which test results are to be used in applying the sampling plan 
in accordance with Sec. 86.610.
    (f) The manufacturer shall keep on hand all untested vehicles, if 
any, comprising the test sample until a pass or fail decision is reached 
in accordance with paragraph (d) of Sec. 86.610. The manufacturer may 
ship any tested vehicle which has not failed in accordance with 
paragraph (a) of Sec. 86.610. However, once a manufacturer ships any 
vehicle from the test sample, it relinquishes the prerogative to conduct 
retests provided in paragraph (i) of Sec. 86.608.

[49 FR 48482, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.608-88  Test procedures.

    (a) The prescribed test procedures are contained in subpart B of 
this part 86. For purposes of Selective Enforcement Audit testing, the 
manufacturer shall not perform any of the test procedures in subpart B 
of this part relating to evaporative emission testing, except as 
specified in paragraph (a)(2) of this section.
    (1) The Administrator may, on the basis of a written application by 
a manufacturer, prescribe test procedures other than those in subpart B 
of this part for any motor vehicle which he determines is not 
susceptible to satisfactory testing using the procedures in subpart B of 
this part.
    (2) The following exceptions to the test procedures in subpart B of 
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may use test fuel meeting the specifications of 
paragraph (a)(1) or (b)(2) of Sec. 86.113-82 for mileage accumulation. 
Otherwise, the manufacturer may use fuels other than those specified in 
this section only with advance approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131(a), and may drain the test fuel from other than the 
lowest point of the tank, as specified in Sec. 86.131(b), provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the manufacturer and shall be made available to the Administrator 
upon request.
    (iii) The manufacturer may perform additional preconditioning on SEA 
test vehicles other than the preconditioning specified in Sec. 86.132 
only if the additional preconditioning had been performed on 
certification test vehicles of the same configuration.
    (iv) The manufacturer shall perform the heat build procedure 11 to 
34 hours following vehicle preconditioning rather than according to the 
time period specified in paragraph Sec. 86.133(a). All references in 
Sec. 86.133 to an evaporative emission enclosure (SHED) and analyzing 
for HC during the heat build can be ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135(e): Provided, 
That the slave tires are the same size.
    (vi) The cold start exhaust emission test described in Sec. 86.137 
shall follow the heat build procedure described in Sec. 86.133 by not 
more than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140.
    (A) When testing diesel vehicles, the manufacturer shall allow a 
minimum of 20 minutes warm-up for the HC analyzer, and a minimum of 2 
hours warm-up for the CO, CO2 and NOX analyzers. 
(Power is normally left on infrared and chemiluminescent analyzers. When 
not in use, the chopper motors of the infrared analyzers are turned off 
and the phototube high voltage supply to the

[[Page 19]]

chemiluminescent analyzers is placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, since the 
records required therein are provided under other provisions of subpart 
G of this part.
    (ix) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water to the fuel system, allowing 
the pressure to stabilize, and isolating the fuel system from the 
pressure source. Following isolation of the fuel system, pressure must 
not drop more than 2.0 inches of water in 5 minutes. If required, the 
manufacturer shall perform corrective action in accordance with 
paragraph Sec. 86.608(d) and report this action in accordance with 
paragraph Sec. 86.609(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative emission control 
system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except to comply with paragraph (a)(2)(ii) of this section 
if approved in advance by the Administrator.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment, repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1981 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for new vehicle 
compliance testing (e.g., for certification or Selective Enforcement 
Audit testing) in accordance with Sec. 86.081-22(c)(1), to any setting 
within the physically adjustable range of that parameter, as determined 
by the Administrator in accordance with Sec. 86.081-22(e)(3)(ii), prior 
to the performance of any tests. However, if the idle speed parameter is 
one which the Administrator has determined to be subject to adjustment, 
the Administrator shall not adjust it to a setting which causes a lower 
engine idle speed than will be possible within the physically adjustable 
range of the idle speed parameter on the vehicle when it has accumulated 
4,000 miles, all other parameters being adjusted identically for the 
purpose of comparison. The Administrator, in making or specifying such 
adjustments, will consider the effect of the deviation from the 
manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use light-duty vehicles or light-duty trucks. In determining 
likelihood, the Administrator will consider factors such as, but not 
limited to, the effect of the adjustment on vehicle performance 
characteristics and surveillance information from similar in-use 
vehicles.
    (c) Prior to performing exhaust emission testing on an SEA test 
vehicle, the manufacturer may accumulate on each vehicle a number of 
miles equal to the greater of 4,000 miles, or the number of miles the 
manufacturer accumulated during certification on the emission-data 
vehicle corresponding to the configuration specified in the test order.
    (1) Mileage accumulation must be performed in any manner using good 
engineering judgment to obtain emission results representative of normal 
production vehicles. This mileage accumulation must be consistent with 
the new vehicle break-in instructions contained in the applicable 
vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate mileage at a minimum rate of 
300 miles per vehicle during each 24 hour period, unless otherwise 
provided by the Administrator.

[[Page 20]]

    (i) The first 24 hour period for mileage accumulation shall begin as 
soon as authorized vehicle checks, inspections and preparations are 
completed on each vehicle.
    (ii) The minimum mileage accumulation rate does not apply on 
weekends or holidays.
    (iii) If the manufacturer's mileage accumulation target is less than 
the minimum rate specified (300 miles per day), then the minimum daily 
accumulation rate shall be equal to the manufacturer's mileage 
accumulation target.
    (3) Mileage accumulation shall be completed on a sufficient number 
of test vehicles during consecutive 24 hour periods to assure that the 
number of vehicles tested per day fulfills the requirements of paragraph 
(g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles after selection for testing nor shall the Administrator allow 
deletion of any test vehicle from the test sequence, unless requested by 
the manufacturer and approved by the Administrator before any test 
vehicle maintenance or deletion.
    (e) The manufacturer will be allowed 24 hours to ship test vehicles 
from the assembly plant or storage facility to the test facility if the 
test facility is not located at the plant or storage facility or in 
close proximity to the plant or storage facility: Except, That the 
Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If a vehicle cannot complete the mileage accumulation or 
emission tests because of vehicle malfunction, the manufacturer may 
request the Administrator to authorize the repair of that vehicle or its 
deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test order and the number 
of available test cells at that facility. If no test cells are available 
at the desired facility, the manufacturer must provide alternate testing 
capability satisfactory to the Administrator. The manufacturer shall 
complete emission testing on a minimum of four vehicles per 24 hour 
period including voided tests for each available test cell at his 
testing facility: Except, That the Administrator may approve a longer 
period based upon a request by the manufacturer accompanied by 
satisfactory justification.
    (h) The manufacturer shall perform test vehicle selection, 
preparation, mileage accumulation, shipping, and testing in such a 
manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle after a fail 
decision has been reached in accordance with paragraph (d) of 
Sec. 86.610 based on the first test on each vehicle; except, that the 
Administrator may approve retesting at other times during the audit 
based upon a request by the manufacturer accompanied by a satisfactory 
justification. The manufacturer may test each vehicle a total of three 
times. The manufacturer shall test each vehicle the same number of 
times. The manufacturer may accumulate additional mileage on test 
vehicles before conducting retests, subject to the provisions of 
paragraph (c) of this section.

[41 FR 31483, July 28, 1976, as amended at 43 FR 4552, Feb. 2, 1978; 44 
FR 2975, Jan. 12, 1979; 45 FR 14524, Mar. 5, 1980; 47 FR 49813, Nov. 2, 
1982; 49 FR 48482, Dec. 12, 1984. Redesignated and amended at 54 FR 
2123, Jan. 19, 1989]



Sec. 86.608-90  Test procedures.

    (a) The prescribed test procedures are contained in subpart B and/or 
subpart C of this part 86. For purposes of Selective Enforcement Audit 
testing, the manufacturer shall not perform any of the test procedures 
in subpart B of this part relating to evaporative emission testing, 
except as specified in paragraph (a)(2) of this section.
    (1) The Administrator may, on the basis of a written application by 
a manufacturer, prescribe test procedures other than those in subpart B 
and/or subpart C of this part for any motor vehicle which he determines 
is not susceptible to satisfactory testing using the procedures in 
subpart B and/

[[Page 21]]

or subpart C of this part. The Administrator may, based on advance 
application by a manufacturer, approve optional test procedures for use 
in Selective Enforcement Audit testing.
    (2) The following exceptions to the test procedures in subpart B of 
this part are applicable to Selective Enforcement Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications of mileage and service accumulation fuels of 
Sec. 86.113. Otherwise, the manufacturer may use fuels other than those 
specified in this section only with the advance approval of the 
Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131-96(a) with only a single temperature sensor, and may 
drain the test fuel from other than the lowest point of the tank, as 
specified in Sec. 86.131-96(b), provided an equivalent method is used. 
Equivalency documentation shall be maintained by the manufacturers and 
shall be made available to the Administrator upon request. Additionally, 
for any test vehicle that has remained under laboratory ambient 
temperature conditions for at least 6 hours prior to testing, the 
vehicle soak described in Sec. 86.132-96(c) may be eliminated upon 
approval of the Administrator. In such cases, the vehicle shall be 
operated through the preconditioning drive described in Sec. 86.132-
96(c) immediately following the fuel drain and fill procedure described 
in Sec. 86.132-96(b).
    (iii) The manufacturer may perform additional preconditioning on SEA 
test vehicles other than the preconditioning specified in Sec. 86.132 
only if the additional preconditioning had been performed on 
certification test vehicles of the same configuration.
    (iv) If the Administrator elects to use the evaporative canister 
preconditioning procedure described in Sec. 86.132-96(k), the 
manufacturer shall perform the heat build procedure 11 to 34 hours 
following vehicle preconditioning rather than according to the time 
period specified in Sec. 86.133-90(a). All references in Sec. 86.133-90 
to an evaporative emission enclosure (SHED) and analyzing for HC during 
the heat build can be ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135-90(e): 
Provided, that the slave tires are the same size.
    (vi) If the Administrator elects to use the evaporative canister 
preconditioning procedure described in Sec. 86.132-96(k), the cold start 
exhaust emission test described in Sec. 86.137 shall follow the heat 
build procedure described in Sec. 86.133-90 by not more than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle 
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up 
for the HC analyzer, and for diesel vehicles, a minimum of two hours 
warm-up for the CO, CO2, and NOX analyzers. (Power 
is normally left on infrared and chemiluminescent analyzers. When not in 
use, the chopper motors of the infrared analyzers are turned off and the 
phototube high voltage supply to the chemiluminescent analyzers is 
placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, since the 
records required therein are provided under other provisions of subpart 
G of this part.
    (ix) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles 
as follows prior to exhaust emissions testing:
    (A) The manufacturer shall inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water to the fuel system, allowing 
the pressure to stabilize, and isolating the fuel system from the 
pressure source, pressure must not drop more than 2.0 inches of water in 
5 minutes. If required, the manufacturer shall perform corrective action 
in accordance with Sec. 86.608 and report this action in accordance with 
Sec. 86.609.
    (B) When performing this pressure check, the manufacturer shall 
exercise

[[Page 22]]

care to neither purge nor load the evaporative emission control system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except to comply with paragraph (a)(2)(ii) of this section 
if approved in advance by the Administrator.
    (3) The following exceptions to the test procedures in subpart C of 
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel at 
other than the approximate mid-volume of the fuel tank, as specified in 
Sec. 86.231(a), and may drain the test fuel from other than the lowest 
point of the fuel tank as specified in Sec. 86.231(b), provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the manufacturer and shall be made available to the Administrator 
upon request.
    (ii) In performing exhaust sample analysis under Sec. 86.240, the 
manufacturer shall exercise care to prevent moisture from condensing in 
the sample collection bags.
    (iii) The manufacturer need not comply with Sec. 86.242 since the 
records required therein are provided under other provisions of subpart 
G of this part.
    (iv) In addition to the requirements of subpart C of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 kPa) to the 
fuel system allowing the pressure to stabilize and isolating the fuel 
system from the pressure source. Following isolation of the fuel system, 
pressure must not drop more than 2.0 inches of water (0.5 kPa) in five 
minutes. If required, the manufacturer shall perform corrective action 
in accordance with paragraph Sec. 86.608(d) and report this action in 
accordance with paragraph Sec. 86.609(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative emission control 
system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except if approved in advance by the Administrator, to 
comply with paragraph (a)(3)(i) of this section.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment, repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1981 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for new vehicle 
compliance testing (e.g., for certification or Selective Enforcement 
Audit testing) in accordance with Sec. 86.081-22(c)(1), to any setting 
within the physically adjustable range of that parameter, as determined 
by the Administrator in accordance with Sec. 86.081-22(e)(3)(ii), prior 
to the performance of any tests. However, if the idle speed parameter is 
one which the Administrator has determined to be subject to adjustment, 
the Administrator shall not adjust it to a setting which causes a lower 
engine idle speed than will be possible within the physically adjustable 
range of the idle speed parameter on the vehicle when it has accumulated 
4,000 miles, all other parameters being adjusted identically for the 
purpose of comparison. The Administrator, in making or specifying such 
adjustments, will consider the effect of the deviation from the 
manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use light-duty vehicles or light-duty trucks. In determining 
likelihood, the Administrator will consider factors such as, but not 
limited to, the

[[Page 23]]

effect of the adjustment on vehicle performance characteristics and 
surveillance information from similar in-use vehicles.
    (c) Prior to performing exhaust emission testing on an SEA test 
vehicle, the manufacturer may accumulate on each vehicle a number of 
miles equal to the greater of 4,000 miles, or the number of miles the 
manufacturer accumulated during certification on the emission-data 
vehicle corresponding to the configuration specified in the test order.
    (1) Mileage accumulation must be performed in any manner using good 
engineering judgement to obtain emission results representative of 
normal production vehicles. This mileage accumulation must be consistent 
with the new vehicle break-in instructions contained in the applicable 
vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate mileage at a minimum rate of 
300 miles per vehicle during each 24 hour period, unless otherwise 
provided by the Administrator.
    (i) The first 24 hour period for mileage accumulation shall begin as 
soon as authorized vehicle checks, inspections and preparations are 
completed on each vehicle.
    (ii) The minimum mileage accumulation rate does not apply on 
weekends or holidays.
    (iii) If the manufacturer's mileage accumulation target is less than 
the minimum rate specified (300 miles per day), then the minimum daily 
accumulation rate shall be equal to the manufacturer's mileage 
accumulation target.
    (3) Mileage accumulation shall be completed on a sufficient number 
of test vehicles during consecutive 24 hour periods to assure that the 
number of vehicles tested per day fulfills the requirements of paragraph 
(g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles after selection for testing nor shall the Administrator allow 
deletion of any test vehicle from the test sequence, unless requested by 
the manufacturer and approved by the Administrator before any test 
vehicle maintenance or deletion.
    (e) The manufacturer will be allowed 24 hours to ship test vehicles 
from the assembly plant or storage facility to the test facility if the 
test facility is not located at the plant or storage facility or in 
close proximity to the plant or storage facility: Except, That the 
Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If a vehicle cannot complete the mileage accumulation or 
emission tests because of vehicle malfunction, the manufacturer may 
request the Administrator to authorize the repair of that vehicle or its 
deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test cells at that 
facility. If no test cells are available at the desired facility, the 
manufacturer must provide alternate testing capability satisfactory to 
the Administrator. The manufacturer shall complete emission testing on a 
minimum of four vehicles per 24 hour period including voided tests for 
each available test cell at his testing facility: Except, That the 
Administrator may approve a longer period based upon a request by the 
manufacturer accompanied by satisfactory justification.
    (h) The manufacturer shall perform test vehicle selection, 
preparation, mileage accumulation, shipping, and testing in such a 
manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle after a fail 
decision has been reached in accordance with paragraph (d) of 
Sec. 86.610 based on the first test on each vehicle; except, that the 
Administrator may approve retesting at other times during the audit 
based upon a request by the manufacturer accompanied by a satisfactory 
justification. The manufacturer may test each vehicle the same number of 
times. The manufacturer may accumulate additional mileage on test 
vehicles before

[[Page 24]]

conducting retests, subject to the provisions of paragraph (c) of this 
section.

[54 FR 14557, Apr. 11, 1989, as amended at 57 FR 31921, July 17, 1992; 
58 FR 16045, Mar. 24, 1993; 60 FR 43898, Aug. 23, 1995]



Sec. 86.608-96  Test procedures.

    Section 86.608-96 includes text that specifies requirements that 
differ from Sec. 86.608-90. Where a paragraph in Sec. 86.608-90 is 
identical and applicable to Sec. 86.608-96, this is indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.608-90.'' Where a corresponding paragraph of 
Sec. 86.608-90 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) The prescribed test procedures are the FTP as described in 
subpart B of this part, the cold temperature CO test procedure as 
described in subpart C of this part, and the CST as described in subpart 
O of this part, as applicable. For purposes of Selective Enforcement 
Audit testing, the manufacturer may not perform any of the test 
procedures in subpart B of this part relating to evaporative emission 
testing, except as specified in Sec. 86.608-90(a)(2).
    (1) The Administrator may select and prescribe the sequence of any 
CSTs. Further, the Administrator may, on the basis of a written 
application by a manufacturer, approve optional test procedures other 
than those in subparts B, C, and O of this part for any motor vehicle 
which is not subject to satisfactory testing using the procedures in 
subparts B, C, and O of this part.
    (2) through (3) [Reserved]. For guidance see Sec. 86.608-90.
    (4) The exceptions to the test procedures described in subpart O of 
this part that are listed in paragraphs (a)(4)(i) and (ii) of this 
section are applicable to Selective Enforcement Audit testing.
    (i) The manufacturer need not comply with Sec. 86.1442, since the 
records required therein are provided under other provisions of subpart 
G of this part.
    (ii) In addition to the requirements of subpart O of this part, the 
manufacturer must prepare vehicles as in paragraphs (a)(4)(ii) (A) 
through (C) of this section prior to exhaust emission testing.
    (A) The manufacturer must inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5 [plusmn]0.5 inches of water to the fuel system, 
allowing the pressure to stabilize, and isolating the fuel system from 
the pressure source. Pressure must not drop more than 2.0 inches of 
water in five minutes. If required, the manufacturer performs corrective 
action in accordance with this section and must report this action in 
accordance with Sec. 86.609.
    (B) When performing this pressure check, the manufacturer must 
exercise care to neither purge nor load the evaporative system.
    (C) The manufacturer may not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution.
    (b) through (i) [Reserved]. For guidance see Sec. 86.608-90.

[58 FR 58423, Nov. 1, 1993]



Sec. 86.608-97  Test procedures.

    Section 86.608-97 includes text that specifies requirements that 
differ from those specified in Secs. 86.608-90 and 86.608-96. Where a 
paragraph in Sec. 86.608-90 or Sec. 86.608-96 is identical and 
applicable to Sec. 86.608-97, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.608-90.'' or ``[Reserved]. For guidance see Sec. 86.608-96.''
    (a) The prescribed test procedures are the Federal Test Procedure, 
as described in subpart B and/or subpart R of this part, whichever is 
applicable, the cold temperature CO test procedure as described in 
subpart C of this part, and the Certification Short Test procedure as 
described in subpart O of this part. Where the manufacturer conducts 
testing based on the requirements specified in Chapter 1 or Chapter 2 of 
the California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996), the prescribed test procedures 
are the procedures cited in the previous sentence, or substantially 
similar procedures, as determined by the Administrator. The California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program are incorporated by reference (see Sec. 86.1). For

[[Page 25]]

purposes of Selective Enforcement Audit testing, the manufacturer shall 
not be required to perform any of the test procedures in subpart B of 
this part relating to evaporative emission testing, except as specified 
in paragraph (a)(2) of this section.
    (1) [Reserved]. For guidance see Sec. 86.608-96.
    (2) The following exceptions to the test procedures in subpart B 
and/or subpart R of this part are applicable to Selective Enforcement 
Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications for mileage and service accumulation fuels of 
Sec. 86.113, or, for vehicles certified to the National LEV standards, 
the specifications of Sec. 86.1771. Otherwise, the manufacturer may use 
fuels other than those specified in this section only with the advance 
approval of the Administrator.
    (ii) [Reserved]. For guidance see Sec. 86.608-90.
    (iii) The manufacturer may perform additional preconditioning on 
Selective Enforcement Audit test vehicles other than the preconditioning 
specified in Sec. 86.132, or Sec. 86.1773 for vehicles certified to the 
National LEV standards, only if the additional preconditioning had been 
performed on certification test vehicles of the same configuration.
    (a)(2)(iv) through (a)(2)(vii) [Reserved]. For guidance see 
Sec. 86.608-90.
    (a)(2)(viii) The manufacturer need not comply with Sec. 86.142, or 
Sec. 86.1775, since the records required therein are provided under 
other provisions of this subpart G.
    (a)(2)(ix) through (a)(3) [Reserved]. For guidance see Sec. 86.608-
90.
    (a)(4) [Reserved]. For guidance see Sec. 86.608-96.
    (b) through (i) [Reserved]. For guidance see Sec. 86.608-90.

[62 FR 31234, June 6, 1997]



Sec. 86.608-98  Test procedures.

    (a) The prescribed test procedures are the Federal Test Procedure, 
as described in subpart B and/or subpart R of this part, whichever is 
applicable, the cold temperature CO test procedure as described in 
subpart C of this part, and the Certification Short Test procedure as 
described in subpart O of this part. Where the manufacturer conducts 
testing based on the requirements specified in Chapter 1 or Chapter 2 of 
the California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996), the prescribed test procedures 
are the procedures cited in the previous sentence, or substantially 
similar procedures, as determined by the Administrator. The California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program are incorporated by reference (see Sec. 86.1). For purposes of 
Selective Enforcement Audit testing, the manufacturer shall not be 
required to perform any of the test procedures in subpart B of this part 
relating to evaporative emission testing, other than refueling emissions 
testing, except as specified in paragraph (a)(2) of this section.
    (1) The Administrator may omit any of the testing procedures 
described in paragraph (a) of this section and may select and prescribe 
the sequence of any CSTs. Further, the Administrator may, on the basis 
of a written application by a manufacturer, approve optional test 
procedures other than those in subparts B, C, and O of this part for any 
motor vehicle which is not susceptible to satisfactory testing using the 
procedures in subparts B, C, and O of this part.
    (2) The following exceptions to the test procedures in subpart B 
and/or subpart R of this part are applicable to Selective Enforcement 
Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications for mileage and service accumulation fuels of 
Sec. 86.113, or, for vehicles certified to the National LEV standards, 
the specifications of Sec. 86.1771. Otherwise, the manufacturer may use 
fuels other than those specified in this section only with the advance 
approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131-96(a) with only a single temperature sensor, and may 
drain the test fuel from other than the lowest point of the tank, as 
specified in Sec. 86.131-96(b) and Sec. 86.152-98(a), provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the

[[Page 26]]

manufacturers and shall be made available to the Administrator upon 
request. Additionally, for any test vehicle that has remained under 
laboratory ambient temperature conditions for at least 6 hours prior to 
testing, the vehicle soak described in Sec. 86.132-96(c) may be 
eliminated upon approval of the Administrator. In such cases, the 
vehicle shall be operated through the preconditioning drive described in 
Sec. 86.132-96(c) immediately following the fuel drain and fill 
procedure described in Sec. 86.132-96(b).
    (iii) The manufacturer may perform additional preconditioning on 
Selective Enforcement Audit test vehicles other than the preconditioning 
specified in Sec. 86.132, or Sec. 86.1773, for vehicles certified to the 
National LEV standards only if the additional preconditioning was 
performed on certification test vehicles of the same configuration.
    (iv) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
manufacturer shall perform the heat build procedure 11 to 34 hours 
following vehicle preconditioning rather than according to the time 
period specified in Sec. 86.133-90(a). All references to an evaporative 
emission enclosure and analyzing for HC during the heat build can be 
ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135-90(e): 
Provided, that the slave tires are the same size.
    (vi) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
cold start exhaust emission test described in Sec. 86.137-96 shall 
follow the heat build procedure described in Sec. 86.133-90 by not more 
than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140-94.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle 
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up 
for the HC analyzer, and for diesel vehicles, a minimum of two hours 
warm-up for the CO, CO2, and NOX analyzers. (Power 
is normally left on infrared and chemiluminescent analyzers. When not in 
use, the chopper motors of the infrared analyzers are turned off and the 
phototube high voltage supply to the chemiluminescent analyzers is 
placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, 
Sec. 86.155, or Sec. 86.1775, since the records required therein are 
provided under other provisions of this subpart G.
    (ix) If a manufacturer elects to perform the background 
determination procedure described in paragraph (a)(2)(xi) of this 
section in addition to performing the refueling emissions test 
procedure, the elapsed time between the initial and final FID readings 
shall be recorded, rounded to the nearest second rather than minute as 
described in Sec. 86.154-98(e)(8). In addition, the vehicle soak 
described in Sec. 86.153-98(e) shall be conducted with the windows and 
luggage compartment of the vehicle open.
    (x) The Administrator may elect to perform a seal test, described in 
Sec. 86.153-98(b), of both integrated and non-integrated systems instead 
of the full refueling test. When testing non-integrated systems, an 
manufacturer may conduct the canister purge described in Sec. 86.153-
98(b)(1) directly following the preconditioning drive described in 
Sec. 86.132-96(e) or directly following the exhaust emissions test 
described in Sec. 86.137-96.
    (xi) In addition to the refueling test, a manufacturer may elect to 
perform the following background emissions determination immediately 
prior to the refueling measurement procedure described in Sec. 86.154-
98, provided EPA is notified of this decision prior to the start of 
testing in an SEA.
    (A) The SHED shall be purged for several minutes immediately prior 
to the background determination. Warning: If at any time the 
concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately 
purged. This concentration provides a 4:1 safety factor against the lean 
flammability limit.
    (B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the background

[[Page 27]]

determination. If not already on, the enclosure mixing fan and the 
spilled fuel mixing blower shall be turned on at this time.
    (C) Place the vehicle in the SHED. The ambient temperature level 
encountered by the test vehicle during the entire background emissions 
determination shall be 80 [deg]F [plusmn]3 [deg]F. The windows and 
luggage compartment of the vehicle must be open and the gas cap must be 
secured.
    (D) Seal the SHED. Immediately analyze the ambient concentration of 
hydrocarbons in the SHED and record. This is the initial background 
hydrocarbon concentration.
    (E) Soak the vehicle for ten minutes [plusmn]1 minute.
    (F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of the background determination.
    (G) Analyze the ambient concentration of hydrocarbons in the SHED 
and record. This is the final background hydrocarbon concentration.
    (H) The total hydrocarbon mass emitted during the background 
determination is calculated according to Sec. 86.156-98. To obtain a 
per-minute background emission rate, divide the total hydrocarbon mass 
calculated in this paragraph by the duration of the soak, rounded to the 
nearest second, described in paragraph (a)(2)(xi)(G) of this section.
    (I) The background emission rate is multiplied by the duration of 
the refueling measurement obtained in paragraph (a)(2)(ix) of this 
section. This number is then subtracted from the total grams of 
emissions calculated for the refueling test according to Sec. 86.156-
98(a) to obtain the adjusted value for total refueling emissions. The 
final results for comparison with the refueling emission standard shall 
be computed by dividing the adjusted value for total refueling mass 
emissions by the total gallons of fuel dispensed in the refueling test 
as described in Sec. 86.156-98(b).
    (xii) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles 
as follows prior to emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 Kpa) to the 
fuel system allowing the pressure to stabilize and isolating the fuel 
system from the pressure source. Following isolation of the fuel system, 
pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five 
minutes. If required, the manufacturer shall perform corrective action 
in accordance with paragraph (d) of this section and report this action 
in accordance with Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control systems.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control systems by component addition, deletion, 
or substitution, except to comply with paragraph (a)(2)(ii) of this 
section if approved in advance by the Administrator.
    (3) The following exceptions to the test procedures in subpart C of 
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel at 
other than the approximate mid-volume of the fuel tank, as specified in 
Sec. 86.131-90(a), and may drain the test fuel from other than the 
lowest point of the fuel tank as specified in Sec. 86.131-90(b), 
provided an equivalent method is used. Equivalency documentation shall 
be maintained by the manufacturer and shall be made available to the 
Administrator upon request.
    (ii) In performing exhaust sample analysis under Sec. 86.140-94, the 
manufacturer shall exercise care to prevent moisture from condensing in 
the sample collection bags.
    (iii) The manufacturer need not comply with Sec. 86.142-90 since the 
records required therein are provided under other provisions of this 
subpart G.
    (iv) In addition to the requirements of subpart C of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence

[[Page 28]]

of any leaks of liquid or vapor to the atmosphere by applying a pressure 
of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 Kpa) to the fuel 
system allowing the pressure to stabilize and isolating the fuel system 
from the pressure source. Following isolation of the fuel system, 
pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five 
minutes. If required, the manufacturer shall perform corrective action 
in accordance with paragraph (d) of this section and report this action 
in accordance with Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution, except if approved in advance by the Administrator, to 
comply with paragraph (a)(3)(i) of this section.
    (4) The exceptions to the test procedures in subpart O of this part 
applicable to Selective Enforcement Audit testing are listed in 
paragraphs (a)(4) (i) and (ii) of this section.
    (i) The manufacturer need not comply with Sec. 86.1442, since the 
records required therein are provided under provisions of this subpart 
G.
    (ii) In addition to the requirements of subpart O of this part, the 
manufacturer must prepare vehicles as in paragraphs (a)(4)(ii) (A) 
through (C) of this section prior to exhaust emission testing.
    (A) The manufacturer must inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 Kpa) to the 
fuel system, allowing the pressure to stabilize, and isolating the fuel 
system from the pressure source. Pressure must not drop more than 2.0 
inches of water (0.5 Kpa) in five minutes. If required, the manufacturer 
performs corrective action in accordance with paragraph (d) of this 
section and must report this action in accordance with Sec. 86.609-
98(d).
    (B) When performing this pressure check, the manufacturer must 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1981 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for new vehicle 
compliance testing (e.g., for certification or Selective Enforcement 
Audit testing) in accordance with Sec. 86.081-22(c)(1), to any setting 
within the physically adjustable range of that parameter, as determined 
by the Administrator in accordance with Sec. 86.081-22(e)(3)(ii), prior 
to the performance of any tests. However, if the idle speed parameter is 
one which the Administrator has determined to be subject to adjustment, 
the Administrator shall not adjust it to a setting which causes a lower 
engine idle speed than will be possible within the physically adjustable 
range of the idle speed parameter on the vehicle when it has accumulated 
4,000 miles, all other parameters being adjusted identically for the 
purpose of comparison. The Administrator, in making or specifying such 
adjustments, will consider the effect of the deviation from the 
manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use light-duty vehicles or light-duty trucks. In determining 
likelihood, the Administrator will consider factors such as, but not 
limited to, the

[[Page 29]]

effect of the adjustment on vehicle performance characteristics and 
surveillance information from similar in-use vehicles.
    (c) Prior to performing emission testing pursuant to paragraph (a) 
of this section on an SEA test vehicle, the manufacturer may accumulate 
on each vehicle a number of miles equal to the greater of 4,000 miles, 
or the number of miles the manufacturer accumulated during certification 
on the emission-data vehicle corresponding to the configuration 
specified in the test order.
    (1) Mileage accumulation must be performed in any manner using good 
engineering judgment to obtain emission results representative of normal 
production vehicles. This mileage accumulation must be consistent with 
the new vehicle break-in instructions contained in the applicable 
vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate mileage at a minimum rate of 
300 miles per vehicle during each 24-hour period, unless otherwise 
provided by the Administrator.
    (i) The first 24-hour period for mileage accumulation shall begin as 
soon as authorized vehicle checks, inspections and preparations are 
completed on each vehicle.
    (ii) The minimum mileage accumulation rate does not apply on 
weekends or holidays.
    (iii) If the manufacturer's mileage accumulation target is less than 
the minimum rate specified (300 miles per day), then the minimum daily 
accumulation rate shall be equal to the manufacturer's mileage 
accumulation target.
    (3) Mileage accumulation shall be completed on a sufficient number 
of test vehicles during consecutive 24-hour periods to assure that the 
number of vehicles tested per day fulfills the requirements of paragraph 
(g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles after selection for testing nor shall the Administrator allow 
deletion of any test vehicle from the test sequence, unless requested by 
the manufacturer and approved by the Administrator before any test 
vehicle maintenance of deletion.
    (e) The manufacturer will be allowed 24 hours to ship test vehicles 
from the assembly plant or storage facility to the test facility if the 
test facility is not located at the plant or storage facility or in 
close proximity to the plant or storage facility: Except, that the 
Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If a vehicle cannot complete the mileage accumulation or 
emission tests because of vehicle malfunction, the manufacturer may 
request the Administrator to authorize the repair of that vehicle or its 
deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test order and the number 
of available test cells at that facility. If no test cells are available 
at the desired facility, the manufacturer must provide alternate testing 
capability satisfactory to the Administrator.
    (1) The manufacturer shall perform a combination of tests pursuant 
to paragraph (a) of this section so that a minimum of four tests are 
performed per 24 hour period, including voided tests, for each available 
test cell.
    (2) The Administrator may approve a longer period based upon a 
request by a manufacturer accompanied by satisfactory justification.
    (h) The manufacturer shall perform test vehicle selection, 
preparation, mileage accumulation, shipping, and testing in such a 
manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle after a fail 
decision has been reached in accordance with Sec. 86.610-98(d) based on 
the first test on each vehicle; except that the Administrator may 
approve retests at other times during the audit based upon a request by 
the manufacturer accompanied by a satisfactory justification. The 
manufacturer may test each vehicle a total of three times. The 
manufacturer shall test each vehicle the

[[Page 30]]

same number of times. The manufacturer may accumulate additional mileage 
on test vehicles before conducting retests, subject to the provisions of 
paragraph (c) of this section.

[59 FR 16301, Apr. 6, 1994, as amended at 60 FR 43898, Aug. 23, 1995; 62 
FR 31235, June 6, 1997]



Sec. 86.609-84  Calculation and reporting of test results.

    (a) Initial test results are calculated following the Federal Test 
Procedure specified in Sec. 86.608(a). Round the initial test results to 
the number of decimal places contained in the applicable emission 
standard, expressed to one additional significant figure. Rounding shall 
be done in accordance with ASTM E 29-90, Standard Practice for Using 
Significant Digits in Test Data to Determine Conformance with 
Specifications. This procedure has been incorporated by reference (see 
Sec. 86.1).
    (b) Final test results for each test vehicle shall be calculated by 
summing the initial test results derived in paragraph (a) of this 
section for each test vehicle, dividing by the number of tests conducted 
on the vehicle, and rounding to the same number of decimal places 
contained in the applicable emission standard expressed to one 
additional significant figure. Rounding shall be done in accordance with 
ASTM E 29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications. This procedure has 
been incorporated by reference (see Sec. 86.1).
    (c)(1) The final deteriorated test results for each test vehicle 
shall be calculated by multiplying the final test results by the 
appropriate deterioration factor derived for the certification process 
for the engine family and model year to which the selected configuration 
belongs, and rounded to two significant figures. Rounding shall be done 
in accordance with ASTM E 29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications. This 
procedure has been incorporated by reference (see Sec. 86.1). For the 
purposes of this paragraph, if a deterioration factor as computed during 
the certification process is less than one, that deterioration factor 
shall be one.
    (2) There are no deterioration factors for light-duty vehicles 
tested in accordance with Sec. 86.146-96 of subpart B of this part. 
Accordingly, for the fuel dispensing spitback test the term ``final 
deteriorated test results'' shall mean the final test results derived in 
paragraph (b) of this section for each test vehicle, rounded to the same 
number of significant figures contained in the applicable standard in 
accordance with ASTM E 29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications. This 
procedure has been incorporated by reference (see Sec. 86.1).
    (d) Within five working days after completion of testing of all 
vehicles pursuant to a test order, the manufacturer shall submit to the 
Administrator a report which includes the following information:
    (1) The location and description of the manufacturer's exhaust 
emission test facilities which were utilized to conduct testing reported 
pursuant to this section;
    (2) The applicable standards against which the vehicles were tested;
    (3) Deterioration factors for the selected configuration.
    (4) A description of the vehicle selection method used;
    (5) For each test conducted,
    (i) Test vehicle description including:
    (A) Configuration and engine family identification.
    (B) Year, make, build date, and model of vehicle.
    (C) Vehicle Identification Number.
    (D) Miles accumulated on vehicle.
    (ii) Location where mileage accumulation was conducted and 
description of accumulation schedule.
    (iii) Test number, date, initial test results, final results and 
final deteriorated test results for all valid and invalid exhaust 
emission tests, and the reason for invalidation.
    (iv) A complete description of any modification, repair, 
preparation, maintenance and/or testing which was performed on the test 
vehicle and (A) has not been reported pursuant to any other paragraph of 
this subpart and (B) will not be performed on all other production 
vehicles.

[[Page 31]]

    (v) Carbon dioxide emission values for all valid and invalid exhaust 
emission tests;
    (vi) Where a vehicle was deleted from the test sequence by 
authorization of the Administrator, the reason for the deletion;
    (vii) Any other information the Administrator may request relevant 
to the determination as to whether the new motor vehicles being 
manufactured by the manufacturer do in fact conform with the regulations 
with respect to which the certificate of conformity was issued.
    (6) The following statement and endorsement:

    This report is submitted pursuant to sections 206 and 208 of the 
Clean Air Act. This Selective Enforcement Audit was conducted in 
complete conformance with all applicable regulations under 40 CFR part 
86 et seq. and the conditions of the test order. No emission related 
change(s) to production processes or quality control procedures for the 
vehicle configuration tested have been made between receipt of this test 
order and conclusion of the audit. All data and information reported 
herein is, to the best of

________________________________________________________________________
(Company Name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)

[41 FR 31483, July 28, 1976, as amended at 43 FR 4552, Feb. 2, 1978; 49 
FR 48483, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989, and 
amended at 58 FR 16045, Mar. 24, 1993]



Sec. 86.609-96  Calculation and reporting of test results.

    Section 86.609-96 includes text that specifies requirements that 
differ from Sec. 86.609-84. Where a paragraph in Sec. 86.609-84 is 
identical and applicable to Sec. 86.609-96, this is indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.609-84.'' Where a corresponding paragraph of 
Sec. 86.609-84 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) Initial test results are calculated following the test 
procedures specified in Sec. 86.608(a). Round the initial test results 
to the number of decimal places contained in the applicable emission 
standard expressed to one additional significant figure. Rounding is 
done in accordance with ASTM E 29-90, Standard Practice for Using 
Significant Digits in Test Data to Determine Conformance with 
Specifications. This procedure has been incorporated by reference (see 
Sec. 86.1).
    (b) Final test results for each test vehicle are calculated by 
summing the initial test results within a specific FTP, CST, or Cold 
Temperature CO Test Procedure derived in paragraph (a) of this section 
for each test vehicle, dividing by the number of times that specific 
FTP, CST, or Cold Temperature CO Test Procedure has been conducted on 
the vehicle, and rounding to the same number of decimal places contained 
in the applicable emission standard expressed to one additional 
significant figure. Rounding is done in accordance with ASTM E 29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications. This procedure has been incorporated by 
reference (see Sec. 86.1).
    (c) Final deteriorated test results--(1) For each test vehicle. The 
final deteriorated test results for each test vehicle are calculated by 
multiplying the final test results by the appropriate deterioration 
factor derived from the certification process for the engine family and 
model year to which the selected configuration belongs and rounding to 
the same number of decimal places contained in the applicable emission 
standard. Rounding is done in accordance with ASTM E 29-90, Standard 
Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications. This procedure has been incorporated by 
reference (see Sec. 86.1). For the purpose of this paragraph, if a 
deterioration factor as computed during the certification process is 
less than one, that deterioration factor is one.
    (2) Exceptions. (i) There are no deterioration factors for light-
duty vehicle emissions obtained during testing in accordance with 
subpart O of this part. Accordingly, for the CST the term ``final 
deteriorated test results'' means the final test results derived in 
paragraph (b) of this section for each test

[[Page 32]]

vehicle, rounded to the same number of decimal places contained in the 
applicable emission standard. Rounding is done in accordance with ASTM E 
29-90, Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications. This procedure has been 
incorporated by reference (see Sec. 86.1).
    (ii) There are no deterioration factors for light-duty vehicles 
tested in accordance with Sec. 86.146-96. Accordingly, for the fuel 
dispensing spitback test the term ``final deteriorated test results'' 
means the final test results derived in paragraph (b) of this section 
for each test vehicle, rounded to the same number of significant figures 
contained in the applicable standard in accordance with ASTM E 29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications. This procedure has been incorporated by 
reference (see Sec. 86.1).
    (d) [Reserved]. For guidance see Sec. 86.609-84.

[58 FR 58423, Nov. 1, 1993]



Sec. 86.609-97  Calculation and reporting of test results.

    Section 86.609-97 includes text that specifies requirements that 
differ from those specified in Secs. 86.609-84 and 86.609-96. Where a 
paragraph in Sec. 86.609-84 or Sec. 86.609-96 is identical and 
applicable to Sec. 86.609-97, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.609-84.'' or ``[Reserved]. For guidance see Sec. 86.609-96.''
    (a) through (b) [Reserved]. For guidance see Sec. 86.609-96.
    (c) Final deteriorated test results--(1) For each test vehicle. The 
final deteriorated test results for each test vehicle tested according 
to subpart B, subpart C, or subpart R of this part are calculated by 
first multiplying or adding, as appropriate, the final test results by 
or to the appropriate deterioration factor derived from the 
certification process for the engine or evaporative/refueling family and 
model year to which the selected configuration belongs, and then by 
multiplying by the appropriate reactivity adjustment factor, if 
applicable, and rounding to the same number of decimal places contained 
in the applicable emission standard. Rounding is done in accordance with 
the Rounding-Off Method specified in ASTM E29-90, Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications. This procedure is incorporated by reference (see 
Sec. 86.1). For the purpose of this paragraph (c), if a multiplicative 
deterioration factor as computed during the certification process is 
less than one, that deterioration factor is one. If an additive 
deterioration factor as computed during the certification process is 
less than zero, that deterioration factor will be zero.
    (c)(2) [Reserved]. For guidance see Sec. 86.609-96.
    (d) [Reserved]. For guidance see Sec. 86.609-84.

[62 FR 31235, June 6, 1997]



Sec. 86.609-98  Calculation and reporting of test results.

    (a) Initial test results are calculated following the test 
procedures specified in Sec. 86.608-98(a). Round the initial test 
results to the number of decimal places contained in the applicable 
emission standard expressed to one additional significant figure. 
Rounding is done in accordance with ASTM E 29-67, (reapproved 1980) (as 
referenced in Sec. 86.094-28 (a)(4)(i)(B)(2)(ii).
    (b) Final test results for each test vehicle are calculated by 
summing the initial test results derived in paragraph (a) of this 
section for each test vehicle, dividing by the number of times that 
specific test has been conducted on the vehicle, and rounding to the 
same number of decimal places contained in the applicable standard 
expressed to one additional significant figure. Rounding is done in 
accordance with ASTM E 29-67, (reapproved 1980) (as referenced in 
Sec. 86.094-28 (a)(4)(i)(B)(2)(ii).
    (c) Final deteriorated test results--(1) For each test vehicle. The 
final deteriorated test results for each light-duty vehicle tested for 
exhaust emissions and/or refueling emissions according to subpart B, 
subpart C, or subpart R of this part are calculated by first multiplying 
or adding, as appropriate, the final test results by or to the 
appropriate deterioration factor derived from the certification process 
for the engine or evaporative/refueling family

[[Page 33]]

and model year to which the selected configuration belongs, and then by 
multiplying by the appropriate reactivity adjustment factor, if 
applicable, and rounding to the same number of decimal places contained 
in the applicable emission standard. Rounding is done in accordance with 
the Rounding-Off Method specified in ASTM E29-90, Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications. This procedure has been incorporated by reference (see 
Sec. 86.1). For the purpose of this paragraph (c), if a multiplicative 
deterioration factor as computed during the certification process is 
less than one, that deterioration factor is one. If an additive 
deterioration factor as computed during the certification process is 
less than zero, that deterioration factor will be zero.
    (2) Exceptions. There are no deterioration factors for light-duty 
vehicle emissions obtained during testing in accordance with subpart O 
of this part or with Sec. 86.146-96. Accordingly, for the CST and the 
fuel dispensing spitback test the term ``final deteriorated test 
results'' means the final test results derived in paragraph (b) of this 
section for each test vehicle, rounded to the same number of decimal 
places contained in the applicable emission standard. Rounding is done 
in accordance with ASTM E 29-67, (reapproved 1980) (as referenced in 
Sec. 86.094-28 (a)(4)(i)(B)(2)(ii).
    (d) Within five working days after completion of testing of all 
vehicles pursuant to a test order, the manufacturer shall submit to the 
Administrator a report which includes the following information:
    (1) The location and description of the manufacturer's emission test 
facilities which were utilized to conduct testing reported pursuant to 
this section.
    (2) The applicable standards against which the vehicles were tested.
    (3) Deterioration factors for the selected configuration.
    (4) A description of the vehicle selection method used.
    (5) For each test conducted.
    (i) Test vehicle description including:
    (A) Configuration, engine family, and refueling family 
identification.
    (B) Year, make, build date, and model of vehicle.
    (C) Vehicle Identification Number.
    (D) Miles accumulated on vehicle.
    (ii) Location where mileage accumulation was conducted and 
description of accumulation schedule.
    (iii) Test number, date initial test results, final results and 
final deteriorated test results for all valid and invalid exhaust 
emission tests, and the reason for invalidation.
    (iv) A complete description of any modification, repair, 
preparation, maintenance and/or testing which was performed on the test 
vehicle and:
    (A) Has not been reported pursuant to any other paragraph of this 
subpart; and
    (B) Will not be performed on all other production vehicles.
    (v) Carbon dioxide emission values for all valid and invalid exhaust 
emission tests.
    (vi) Where a vehicle was deleted from the test sequence by 
authorization of the Administrator, the reason for the deletion.
    (vii) Any other information the Administrator may request relevant 
to the determination as to whether the new motor vehicles being 
manufactured by the manufacturer do in fact conform with the regulations 
with respect to which the certificate of conformity was issued.
    (6) The following statement and endorsement:

    This report is submitted pursuant to sections 206 and 208 of the 
Clean Air Act. This Selective Enforcement Audit was conducted in 
complete conformance with all applicable regulations under 40 CFR part 
86 and the conditions of the test order. No emission related change(s) 
to production processes or quality control procedures for the vehicle 
configuration tested have been made between receipt of this test order 
and conclusion of the audit. All data and information reported herein 
is, to the best of

________________________________________________________________________
(Company Name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)

[59 FR 16303, Apr. 6, 1994, as amended at 62 FR 31236, June 6, 1997]

[[Page 34]]



Sec. 86.610-96  Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed vehicle is one whose final deteriorated test results 
pursuant to Sec. 86.609-96(c), for one or more of the applicable 
pollutants, including fuel spitback, exceed the applicable emission 
standard. For the CST as described in subpart O of this part, a vehicle 
fail determination is made if the final deteriorated test results for HC 
and/or CO emissions from any CST exceed the applicable emission 
standard.
    (c) Pass/fail criteria--(1) FTP criteria. The manufacturer must test 
vehicles comprising the test sample until a pass decision is reached for 
all pollutants, or a fail decision is reached for one pollutant. A pass 
decision is reached when the cumulative number of failed vehicles, as 
defined in paragraph (b) of this section, for each pollutant is less 
than or equal to the fail decision number appropriate to the cumulative 
number of vehicles tested. A fail decision is reached when the 
cumulative number of failed vehicles for one pollutant is greater than 
or equal to the fail decision number appropriate to the cumulative 
number of vehicles tested. The pass and fail decision numbers associated 
with the cumulative number of vehicles tested are determined by use of 
the tables in appendix XI to this part appropriate for the annual 
projected sales as made by the manufacturer in its report submitted 
under Sec. 600.207-80(a)(2) of this chapter (Automobile Fuel Economy 
Regulations). In the tables in appendix XI to this part, sampling plan 
``stage'' refers to the cumulative number of vehicles tested. Once a 
pass decision has been made for a particular pollutant, the number of 
vehicles whose final deteriorated test results exceed the emission 
standard for that pollutant may not be considered any further for 
purposes of the audit.
    (2) CST criteria. A pass/fail decision is based on the CST in its 
entirety rather than on a per pollutant basis. The manufacturer must 
test vehicles comprising the test sample until a pass or fail decision 
is reached based on CST testing. A pass decision is reached when the 
cumulative number of failed vehicles, as defined in paragraph (b) of 
this section, based on CST testing is less than or equal to the pass 
decision number appropriate to the cumulative number of vehicles tested. 
A fail decision is reached when the cumulative number of failed vehicles 
based on CST testing is greater than or equal to the fail decision 
number appropriate to the cumulative number of vehicles tested. The pass 
and fail decision numbers associated with the cumulative number of 
vehicles tested are determined by use of the tables in appendix XI to 
this part appropriate for the annual projected sales as made by the 
manufacturer in its report submitted under Sec. 600.207-80(a)(2) of this 
chapter (Automobile Fuel Economy Regulations). In the tables in appendix 
XI to this part, sampling plan ``stage'' refers to the cumulative number 
of vehicles tested. Once a pass decision has been made based on CST 
testing, the number of vehicles whose final deteriorated test results 
exceed any of the emission standards for any CST may not be considered 
any further for purposes of the audit.
    (d) Passing or failing of an SEA occurs when the decision is made on 
the last vehicle required to make a decision under paragraph (c) of this 
section.
    (e) The Administrator may terminate testing earlier than required in 
paragraph (c) of this section.

[58 FR 58424, Nov. 1, 1993]



Sec. 86.610-98  Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed vehicle is one whose final deteriorated test results 
pursuant to Sec. 86.609-98(c) exceed at least one of the applicable 
emission standards associated with the test procedures pursuant to 
Sec. 86.608-98(a).
    (c)(1) Pass/fail criteria. The manufacturer shall test vehicles 
comprising the test sample until a pass decision is reached for all of 
the pollutants associated with all of the test procedures

[[Page 35]]

pursuant to Sec. 86.608-98(a) or a fail decision is reached for one of 
these pollutants. A pass decision is reached when the cumulative number 
of failed vehicles, as defined in paragraph (b) of this section, for 
each pollutant is less than or equal to the fail decision number 
appropriate to the cumulative number of vehicles tested. A fail decision 
is reached when the cumulative number of failed vehicles for one 
pollutant is greater than or equal to the fail decision number 
appropriate to the cumulative number of vehicles tested. The pass and 
fail decision numbers associated with the cumulative number of vehicles 
tested are determined by use of the tables in appendix XI of this part 
appropriate for the annual projected sales as made by the manufacturer 
in its report submitted under Sec. 600.207-80(a)(2) of this chapter 
(Automobile Fuel Economy Regulations). In the tables in appendix XI of 
this part, sampling plan ``stage'' refers to the cumulative number of 
vehicles tested. Once a pass decision has been made for a particular 
pollutant associated with a particular test procedure pursuant to 
Sec. 86.608-98(a), the number of vehicles whose final deteriorated test 
results exceed the emission standard for that pollutant may not be 
considered any further for purposes of the audit.
    (2) CST criteria only. For CST testing pursuant to subpart O, a pass 
or fail decision is determined according to the pass/fail criteria 
described in paragraph (c)(1) of this section, except that for each 
vehicle, the CST in its entirety is considered one pollutant.
    (d) Passing or failing of an SEA audit occurs when the decision is 
made on the last vehicle required to make a decision under paragraph (c) 
of this section.
    (e) The Administrator may terminate testing earlier than required in 
paragraph (c) of this section.

[59 FR 16304, Apr. 6, 1994]



Sec. 86.612-84  Suspension and revocation of certificates of conformity.

    (a) The certificate of conformity is suspended with respect to any 
vehicle failing pursuant to paragraph (b) of Sec. 86.610 effective from 
the time that testing of that vehicle is completed.
    (b) The Administrator may suspend the certificate of conformity for 
a configuration which does not pass a Selective Enforcement Audit 
pursuant to paragraph Sec. 86.610(c) based on the first test, or all 
tests, conducted on each vehicle. This suspension will not occur before 
ten days after failure to pass the audit.
    (c) If the results of vehicle testing pursuant to these regulations 
indicate the vehicles of a particular configuration produced at more 
than one plant do not conform to the regulations with respect to which 
the certificate of conformity was issued, the Administrator may suspend 
the certificate of conformity with respect to that configuration for 
vehicles manufactured by the manufacturer in other plants of the 
manufacturer.
    (d) The Administrator will notify the manufacturer in writing of any 
suspension or revocation of a certificate of conformity in whole or in 
part: Except, That the certificate of conformity is immediately 
suspended with respect to any vehicle failing pursuant to Sec. 86.610(a) 
and as provided for in paragraph (a) of this section.
    (e) The Administrator may revoke a certificate of conformity for a 
configuration when the certificate has been suspended pursuant to 
paragraph (b) or (c) of this section if the proposed remedy for the 
nonconformity, as reported by the manufacturer to the Administrator, is 
one requiring a design change(s) to the engine and/or emission control 
system as described in the Application for Certification of the affected 
configuration.
    (f) Once a certificate has been suspended for a failed vehicle as 
provided for in paragraph (a) of this section, the manufacturer must 
take the following actions:
    (1) Before the certificate is reinstated for that failed vehicle,
    (i) Remedy the nonconformity, and
    (ii) Demonstrate that the vehicle's final deteriorated test results 
conform to the applicable emission standards or family particulate 
emission limits, as defined in part 86 by retesting the vehicle in 
accordance with these regulations.
    (2) Submit a written report to the Administrator within thirty days 
after

[[Page 36]]

successful completion of testing on the failed vehicle, which contains a 
description of the remedy and test results for the vehicle in addition 
to other information that may be required by this regulation.
    (g) Once a certificate has been suspended pursuant to paragraph (b) 
or (c) of this section, the manufacturer must take the following actions 
before the Administrator will consider reinstating such certificate:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the vehicles, describes the proposed 
remedy, including a description of any proposed quality control and/or 
quality assurance measures to be taken by the manufacturer to prevent 
the future occurrence of the problem, and states the date on which the 
remedies will be implemented, and
    (2) Demonstrate that the vehicle configuration for which the 
certificate of conformity has been suspended does in fact comply with 
these regulations by testing vehicles selected from normal production 
runs of that vehicle configuration, at the plant(s) or the facilities 
specified by the Administrator, in accordance with the conditions 
specified in the initial test order; except, that if the Administrator 
has not revoked the certificate pursuant to paragraph (e) of this 
section and if the manufacturer elects to continue testing individual 
vehicles after suspension of a certificate, the certificate is 
reinstated for any vehicle actually determined to have its final 
deteriorated test results in conformance with the applicable standards 
through testing in accordance with the applicable test procedures.
    (h) Once a certificate for a failed configuration has been revoked 
under paragraph (e) of this section and the manufacturer desires to 
introduce into commerce a modified version of that configuration, the 
following actions will be taken before the Administrator may issue a 
certificate for the new configuration:
    (1) If the Administrator determines that the proposed change(s) in 
vehicle design may have an effect on emission performance deterioration 
and/or fuel economy, he shall notify the manufacturer within 5 working 
days after receipt of the report in paragraph (g) of this section 
whether subsequent testing under this subpart will be sufficient to 
evaluate the proposed change(s) or whether additional testing will be 
required; and
    (2) After implementing the change(s) intended to remedy the 
nonconformity, the manufacturer shall demonstrate that the modified 
vehicle configuration does in fact conform with these regulations by 
testing vehicles selected from normal production runs of that modified 
vehicle configuration in accordance with the conditions specified in the 
initial test order. The Administrator shall consider this testing to 
satisfy the testing requirements of Sec. 86.079-32 or Sec. 86.079-33 if 
the Administrator had so notified the manufacturer. If the subsequent 
testing results in passing of the audit, the Administrator shall reissue 
or amend the certificate, if necessary, to include that configuration: 
Provided, That the manufacturer has satisfied the testing requirements 
specified in paragraph (h)(1) of this section. If the subsequent audit 
is failed, the revocation remains in effect. Any design change approvals 
under this subpart are limited to the modification of the configuration 
specified by the test order.
    (i) A manufacturer may at any time subsequent to an initial 
suspension of a certificate of conformity with respect to a test vehicle 
pursuant to paragraph (a) of this section, but not later than fifteen 
(15) days or such other period as may be allowed by the Administrator 
after notification of the Administrator's decision to suspend or revoke 
a certificate of conformity in whole or in part pursuant to paragraph 
(b), (c) or (e) of this section, request that the Administrator grant 
such manufacturer a hearing as to whether the tests have been properly 
conducted or any sampling methods have been properly applied.
    (j) After the Administrator suspends or revokes a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend, revoke or void a certificate of conformity under 
paragraph (d) of Sec. 86.084-30, and prior to the commencement of a

[[Page 37]]

hearing under Sec. 86.614, if the manufacturer demonstrates to the 
Administrator's satisfaction that the decision to suspend, revoke or 
void the certificate was based on erroneous information, the 
Administrator shall reinstate the certificate.
    (k) To permit a manufacturer to avoid storing non-test vehicles when 
conducting an audit of a configuration subsequent to suspension or 
revocation of the certificate of conformity for that configuration, 
resulting from failure of the initial audit of that configuration, he 
may request that the Administrator conditionally reinstate the 
certificate for that configuration. The Administrator may reinstate the 
certificate subject to the condition that the manufacturer consents to 
recall all vehicles of that configuration produced from the time the 
certificate is conditionally reinstated if the configuration fails the 
subsequent audit and to remedy any nonconformity at no expense to the 
owner.

[41 FR 31483, July 28, 1976, as amended at 43 FR 4553, Feb. 2, 1978; 49 
FR 48484, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.612-97  Suspension and revocation of certificates of conformity.

    (a) The certificate of conformity is immediately suspended with 
respect to any vehicle failing pursuant to Sec. 86.610(b) effective from 
the time that testing of that vehicle is completed.
    (b)(1) Selective Enforcement Audits. The Administrator may suspend 
the certificate of conformity for a configuration that does not pass a 
Selective Enforcement Audit pursuant to Sec. 86.610-98(c) based on the 
first test, or all tests, conducted on each vehicle. This suspension 
will not occur before ten days after failure to pass the audit.
    (2) California Assembly-Line Quality Audit Testing. The 
Administrator may suspend the certificate of conformity for a 50-state 
family or configuration tested in accordance with procedures prescribed 
under Sec. 86.608 that the Executive Officer has determined to be in 
non-compliance with one or more applicable pollutants based on the 
requirements specified in Chapter 1 or Chapter 2 of the California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996), if the results of vehicle testing conducted by 
the manufacturer do not meet the acceptable quality level criteria 
pursuant to Sec. 86.610. The California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996) 
are incorporated by reference (see Sec. 86.1). A vehicle that is tested 
by the manufacturer pursuant to California Assembly-Line Quality Audit 
Test Procedures, in accordance with procedures prescribed under 
Sec. 86.608, and determined to be a failing vehicle will be treated as a 
failed vehicle described in Sec. 86.610(b), unless the manufacturer can 
show that the vehicle would not be considered a failed vehicle using the 
test procedures specified in Sec. 86.608. This suspension will not occur 
before ten days after the manufacturer receives written notification 
that the Administrator has determined the 50-state family or 
configuration exceeds one or more applicable federal standards.
    (c)(1) Selective Enforcement Audits. If the results of vehicle 
testing pursuant to the requirements of this subpart indicates the 
vehicles of a particular configuration produced at more than one plant 
do not conform to the regulations with respect to which the certificate 
of conformity was issued, the Administrator may suspend the certificate 
of conformity with respect to that configuration for vehicles 
manufactured by the manufacturer in other plants of the manufacturer.
    (2) California Assembly-Line Quality Audit Testing. If the 
Administrator determines that the results of vehicle testing pursuant to 
the requirements specified in Chapter 1 or Chapter 2 of the California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996) and the procedures prescribed in Sec. 86.608 
indicate the vehicles of a particular 50-state engine family or 
configuration produced at more than one plant do not conform to 
applicable federal regulations with respect to which a certificate of 
conformity was issued, the Administrator may suspend, pursuant to 
paragraph (b)(2) of this section,

[[Page 38]]

the certificate of conformity with respect to that engine family or 
configuration for vehicles manufactured in other plants of the 
manufacturer. The California Regulatory Requirements Applicable to the 
National Low Emission Vehicle Program (October, 1996) are incorporated 
by reference (see Sec. 86.1).
    (d) The Administrator will notify the manufacturer in writing of any 
suspension or revocation of a certificate of conformity in whole or in 
part: Except, that the certificate of conformity is immediately 
suspended with respect to any vehicle failing pursuant to Sec. 86.610(b) 
and as provided for in paragraph (a) of this section.
    (e)(1) Selective Enforcement Audits. The Administrator may revoke a 
certificate of conformity for a configuration when the certificate has 
been suspended pursuant to paragraph (b)(1) or (c)(1) of this section if 
the proposed remedy for the nonconformity, as reported by the 
manufacturer to the Administrator, is one requiring a design change(s) 
to the engine and/or emission control system as described in the 
Application for Certification of the affected configuration.
    (2) California Assembly-Line Quality Audit Testing. The 
Administrator may revoke a certificate of conformity for an engine 
family or configuration when the certificate has been suspended pursuant 
to paragraph (b)(2) or (c)(2) of this section if the proposed remedy for 
the nonconformity, as reported by the manufacturer to the Executive 
Officer and/or the Administrator, is one requiring a design change(s) to 
the engine and/or emission control system as described in the 
Application for Certification of the affected engine family or 
configuration.
    (f) Once a certificate has been suspended for a failed vehicle as 
provided for in paragraph (a) of this section, the manufacturer must 
take the following actions:
    (1) Before the certificate is reinstated for that failed vehicle--
    (i) Remedy the nonconformity; and
    (ii) Demonstrate that the vehicle's final deteriorated test results 
conform to the applicable emission standards or family particulate 
emission limits, as defined in this part 86 by retesting the vehicle in 
accordance with the requirements of this subpart.
    (2) Submit a written report to the Administrator within thirty days 
after successful completion of testing on the failed vehicle, which 
contains a description of the remedy and test results for the vehicle in 
addition to other information that may be required by this subpart.
    (g) Once a certificate has been suspended pursuant to paragraph (b) 
or (c) of this section, the manufacturer must take the following actions 
before the Administrator will consider reinstating such certificate:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the vehicles, describes the proposed 
remedy, including a description of any proposed quality control and/or 
quality assurance measures to be taken by the manufacturer to prevent 
the future occurrence of the problem, and states the date on which the 
remedies will be implemented.
    (2) Demonstrate that the engine family or configuration for which 
the certificate of conformity has been suspended does in fact comply 
with the requirements of this subpart by testing vehicles selected from 
normal production runs of that engine family or configuration at the 
plant(s) or the facilities specified by the Administrator, in accordance 
with:
    (i) The conditions specified in the initial test order pursuant to 
Sec. 86.603 for a configuration suspended pursuant to paragraph (b)(1) 
or (c)(1) of this section; or
    (ii) The conditions specified in a test order pursuant to 
Sec. 86.603 for an engine family or configuration suspended pursuant to 
paragraph (b)(2) or (c)(2) of this section.
    (3) If the Administrator has not revoked the certificate pursuant to 
paragraph (e) of this section and if the manufacturer elects to continue 
testing individual vehicles after suspension of a certificate, the 
certificate is reinstated for any vehicle actually determined to have 
its final deteriorated test results in conformance with the applicable 
standards through testing in accordance with the applicable test 
procedures.

[[Page 39]]

    (4) In cases where the Administrator has suspended a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (b)(2) or (c)(2) of this section, manufacturers may request in 
writing that the Administrator reinstate the certificate of an engine 
family or configuration when, in lieu of the actions described in 
paragraphs (g) (1) and (2) of this section, the manufacturer has agreed 
to comply with Chapter 3 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996), 
provided an Executive Order is in place for the engine family or 
configuration. The California Regulatory Requirements Applicable to the 
National Low Emission Vehicle Program (October, 1996) are incorporated 
by reference (see Sec. 86.1).
    (h) Once a certificate for a failed engine family or configuration 
has been revoked under paragraph (e) (1) or (2) of this section and the 
manufacturer desires to introduce into commerce a modified version of 
that engine family or configuration, the following actions will be taken 
before the Administrator may issue a certificate for the new engine 
family or configuration:
    (1) If the Administrator determines that the proposed change(s) in 
vehicle design may have an effect on emission performance deterioration 
and/or fuel economy, he/she shall notify the manufacturer within five 
working days after receipt of the report in paragraph (g)(1) of this 
section or after receipt of information pursuant to paragraph (g)(4) of 
this section whether subsequent testing under this subpart will be 
sufficient to evaluate the proposed change(s) or whether additional 
testing will be required.
    (2) After implementing the change(s) intended to remedy the 
nonconformity, the manufacturer shall demonstrate:
    (i) If the certificate was revoked pursuant to paragraph (e)(1) of 
this section, that the modified vehicle configuration does in fact 
conform with the requirements of this subpart by testing vehicles 
selected from normal production runs of that modified vehicle 
configuration in accordance with the conditions specified in the initial 
test order pursuant to Sec. 86.603. The Administrator shall consider 
this testing to satisfy the testing requirements of Sec. 86.079-32 or 
Sec. 86.079-33 if the Administrator had so notified the manufacturer. If 
the subsequent testing results in a pass decision pursuant to the 
criteria in Sec. 86.610-96(c), the Administrator shall reissue or amend 
the certificate, if necessary, to include that configuration: Provided, 
that the manufacturer has satisfied the testing requirements specified 
in paragraph (h)(1) of this section. If the subsequent audit results in 
a fail decision pursuant to the criteria in Sec. 86.610(c), the 
revocation remains in effect. Any design change approvals under this 
subpart are limited to the modification of the configuration specified 
by the test order.
    (ii) If the certificate was revoked pursuant to paragraph (e)(2) of 
this section, that the modified engine family or configuration does in 
fact conform with the requirements of this subpart by testing vehicles 
selected from normal production runs of that modified engine family or 
configuration in accordance with the conditions specified in a test 
order pursuant to Sec. 86.603. The Administrator shall consider this 
testing to satisfy the testing requirements of Sec. 86.079-32 or 
Sec. 86.079-33 if the Administrator had so notified the manufacturer. If 
the subsequent testing results in a pass decision pursuant to 
Sec. 86.610(c), the Administrator shall reissue or amend the certificate 
as necessary: Provided, That the manufacturer has satisfied the testing 
requirements specified in paragraph (h)(1) of this section. If the 
subsequent testing results in a fail decision pursuant to 
Sec. 86.610(c), the revocation remains in effect. Any design change 
approvals under this subpart are limited to the modification of engine 
family or configuration specified by the test order.
    (3) In cases where the Administrator has revoked a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (e)(2) of this section, manufacturers may request in writing 
that the Administrator reissue the certificate of an engine family or 
configuration when, in lieu of the actions described in paragraphs (h) 
(1) and (2) of this section, the manufacturer has complied with Chapter 
3 of the California Regulatory

[[Page 40]]

Requirements Applicable to the National Low Emission Vehicle Program 
(October, 1996), provided an Executive Order is in place for the engine 
family or configuration. The California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996) 
are incorporated by reference (see Sec. 86.1).
    (i) A manufacturer may at any time subsequent to an initial 
suspension of a certificate of conformity with respect to a test vehicle 
pursuant to paragraph (a) of this section, but not later than fifteen 
(15) days or such other period as may be allowed by the Administrator 
after notification of the Administrator's decision to suspend or revoke 
a certificate of conformity in whole or in part pursuant to paragraph 
(b), (c) or (e) of this section, request that the Administrator grant 
such manufacturer a hearing as to whether the tests have been properly 
conducted or any sampling methods have been properly applied.
    (j) After the Administrator suspends or revokes a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend, revoke or void a certificate of conformity under 
Sec. 86.084-30(d), and prior to the commencement of a hearing under 
Sec. 86.614, if the manufacturer demonstrates to the Administrator's 
satisfaction that the decision to suspend, revoke or void the 
certificate was based on erroneous information, the Administrator shall 
reinstate the certificate.
    (k) To permit a manufacturer to avoid storing non-test vehicles when 
conducting testing of an engine family or configuration subsequent to 
suspension or revocation of the certificate of conformity for that 
engine family or configuration pursuant to paragraph (b), (c), or (e) of 
this section, the manufacturer may request that the Administrator 
conditionally reinstate the certificate for that engine family or 
configuration. The Administrator may reinstate the certificate subject 
to the condition that the manufacturer consents to recall all vehicles 
of that engine family or configuration produced from the time the 
certificate is conditionally reinstated if the engine family or 
configuration fails the subsequent testing and to remedy any 
nonconformity at no expense to the owner.

[62 FR 31236, June 6, 1997]



Sec. 86.614-84  Hearings on suspension, revocation, and voiding of certificates of conformity.

    (a) Applicability. The procedures prescribed by this section apply 
whenever a manufacturer requests a hearing under Sec. 86.084-
30(d)(6)(i), Sec. 86.084-30(d)(7), or Sec. 86.612(i).
    (b) Definitions. The following definitions shall be applicable to 
this section:
    (1) Hearing Clerk shall mean the Hearing Clerk of the Environmental 
Protection Agency.
    (2) Manufacturer refers to a manufacturer contesting a suspension or 
revocation order directed at the manufacturer.
    (3) Party shall include the Agency and the manufacturer.
    (4) Presiding Officer shall mean an Administrative Law Judge 
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as 
amended).
    (5) Environmental Appeals Board shall mean the Board within the 
Agency described in section 1.25 of this title. The Administrator 
delegates to the Environmental Appeals Board authority to issue final 
decisions in appeals filed under this subpart. Appeals directed by the 
Administrator, rather than to the Environmental Appeals Board, will not 
be considered. This delegation of authority to the Environmental Appeals 
Board does not preclude the Environmental Appeals Board from referring 
an appeal or a motion filed under this subpart to the Administrator for 
decision when the Environmental Appeals Board, in its discretion, deems 
it appropriate to do so. When an appeal or motion is referred to the 
Administrator, all parties shall be so notified and the rules in this 
part referring to the Environmental Appeals Board shall be interpreted 
as referring to the Administrator.
    (c) Request for public hearing. (1) If the manufacturer disagrees 
with the Administrator's decision to suspend, revoke, or void a 
certificate or disputes the basis for an automatic suspension under 
Sec. 86.612(a), it may request a public hearing as described in this 
section.

[[Page 41]]

Requests for such a hearing shall be filed with the Administrator not 
later than 15 days after the Administrator's notification of his 
decision to suspend or revoke unless otherwise specified by the 
Administrator. Two copies of such request shall simultaneously be served 
upon the Director of the Manufacturers Operations Division and two 
copies filed with the Hearing Clerk. Failure of the manufacturer to 
request a hearing within the time provided shall constitute a waiver of 
his right to such a hearing. Subsequent to the expiration of the period 
for requesting a hearing as of right, the Administrator may, in his 
discretion and for good cause shown, grant the manufacturer a hearing to 
contest the suspension or revocation.
    (2) The request for a public hearing shall contain:
    (i) A statement as to which vehicle configurations or engine 
families are to be the subject of the hearing;
    (ii) A concise statement of the issues to be raised by the 
manufacturer at the hearing for each vehicle configuration or engine 
family or vehicle for which the manufacturer has requested the hearing: 
Provided, however, That in the case of a hearing request under paragraph 
Sec. 86.612(i), the hearing is restricted to the following issues:
    (A) Whether tests were conducted in accordance with applicable 
regulations under this part;
    (B) Whether test equipment was properly calibrated and functioning;
    (C) Whether sampling procedures specified in appendix XI of this 
part were followed; and
    (D) Whether there exists a basis for distinguishing vehicles 
produced at plants other than the one from which vehicles were selected 
which would invalidate the Administrator's decision under 
Sec. 86.612(c);
    (iii) A statement specifying reasons the manufacturer believes he 
will prevail on the merits on each of the issues so raised; and
    (iv) A summary of the evidence which supports the manufacturer's 
position on each of the issues so raised.
    (3) A copy of all requests for public hearings shall be kept on file 
in the Office of the Hearing Clerk and shall be made available to the 
public during Agency business hours.
    (d) Summary decision. (1) In the case of a hearing requested under 
Sec. 86.612(i), when it clearly appears from the data and other 
information contained in the request for a hearing that there is no 
genuine and substantial question of fact with respect to the issues 
specified in Sec. 86.614(c)(2)(ii), the Administrator shall enter an 
order denying the request for a hearing. In addition, if the original 
decision to suspend or revoke a certificate of conformity was made under 
Sec. 86.612(d) prior to the decision to deny the request for a hearing, 
the order denying the request will reaffirm the suspension or 
revocation.
    (2) In the case of a hearing requested under Sec. 86.084-
30(d)(6)(i), to challenge a proposed suspension of a certificate of 
conformity for the reasons specified in Sec. 86.084-30(d)(1) (i) or 
(ii), when it clearly appears from the data and other information 
contained in the request for a hearing that there is no genuine and 
substantial question of fact with respect to the issue of whether the 
refusal to comply with the provisions of a test order or any other 
requirement of Sec. 86.603 was caused by conditions and circumstances 
outside the control of the manufacturer, the Administrator will enter an 
order denying the request for a hearing, and suspending the certificate 
of conformity.
    (3) Any order issued under paragraph (d) (1) or (2) of this section 
shall have the force and effect of a final decision of the 
Administrator, as issued pursuant to paragraph (w)(4) of this section.
    (4) If the Administrator determines that a genuine and substantial 
question of fact does exist with respect to any of the issues referred 
to in paragraphs (d)(1) and (2) of this section, he shall grant the 
request for a hearing and publish a notice of public hearing in 
accordance with paragraph (h) of this section.
    (e) Filing and service. (1) An original and two copies of all 
documents or papers required or permitted to be filed pursuant to this 
section shall be filed with the Hearing Clerk. Filing shall be deemed 
timely if mailed, as determined by the postmark, to the Hearing Clerk 
within the time allowed by this section. If filing is to be accomplished 
by

[[Page 42]]

mailing, the documents shall be sent to the address set forth in the 
notice of public hearing as described in paragraph (h) of this section.
    (2) To the maximum extent possible, testimony shall be presented in 
written form. Copies of written testimony shall be served upon all 
parties as soon as practicable prior to the start of the hearing. A 
certificate of service shall be provided on or accompany each document 
or paper filed with the Hearing Clerk. Documents to be served upon the 
Director of the Manufacturers Operations Division shall be sent by 
registered mail to: Director, Manufacturers Operations Division, U.S. 
Environmental Protection Agency (EN-340), 1200 Pennsylvania Ave., NW., 
WSM, Washington, DC 20460. Service by registered mail is complete upon 
mailing.
    (f) Time. (1) In computing any period of time prescribed or allowed 
by this section, except as otherwise provided, the day of the act or 
event from which the designated period of time begins to run shall not 
be included. Saturdays, Sundays, and Federal legal holidays shall be 
included in computing any such period allowed for the filing of any 
document or paper, except that when such period expires on a Saturday, 
Sunday, or Federal legal holiday, such period shall be extended to 
include the next following business day.
    (2) A prescribed period of time within which a party is required or 
permitted to do an act shall be computed from the time of service, 
except that when service is accomplished by mail, three days shall be 
added to the prescribed period.
    (g) Consolidation. The Administrator or the Presiding Officer in his 
discretion may consolidate two or more proceedings to be held under this 
section for the purpose of resolving one or more issues whenever it 
appears that such consolidation will expedite or simplify consideration 
of such issues. Consolidation shall not affect the right of any party to 
raise issues that could have been raised if consolidation had not 
occurred.
    (h) Notice of public hearings. (1) Notice of a public hearing under 
this section shall be given by publication in the Federal Register and 
by such other means as the Administrator finds appropriate to provide 
notice to the public. To the extent possible hearings under this section 
shall be scheduled to commence within 14 days of receipt of the 
application in paragraph (c) of this section.
    (i) Amicus curiae. Persons not parties to the proceeding wishing to 
file briefs may do so by leave of the Presiding Officer granted on 
motion. A motion for leave shall identify the interest of the applicant 
and shall state the reasons why the proposed amicus brief is desirable.
    (j) Presiding Officer. The Presiding Officer shall have the duty to 
conduct a fair and impartial hearing in accordance with 5 U.S.C. 
sections 554, 556 and 557 and to take all necessary action to avoid 
delay in the disposition of the proceedings and to maintain order. He 
shall have all power consistent with Agency rule and with the 
Administrative Procedure Act necessary to this end, including the 
following:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and exclude irrelevant or 
repetitious material;
    (3) To regulate the course of the hearings and the conduct of the 
parties and their counsel therein;
    (4) To hold conferences for simplification of the issues or any 
other proper purpose;
    (5) To consider and rule upon all procedural and other motions 
appropriate in such proceedings;
    (6) To require the submission of direct testimony in written form 
with or without affidavit whenever, in the opinion of the Presiding 
Officer, oral testimony is not necessary for full and true disclosure of 
the facts;
    (7) To enforce agreements and orders requiring access as authorized 
by law;
    (8) To require the filing of briefs on any matter on which he is 
required to rule;
    (9) To require any party or any witness, during the course of the 
hearing, to state his position on any issue;
    (10) To take or cause depositions to be taken whenever the ends of 
justice would be served thereby;
    (11) To make decisions or recommend decisions to resolve the 
disputed issues on the record of the hearing;

[[Page 43]]

    (12) To issue, upon good cause shown, protective orders as described 
in paragraph (n) of this section.
    (k) Conferences. (1) At the discretion of the Presiding Officer, 
conferences may be held prior to or during any hearing. The Presiding 
Officer shall direct the Hearing Clerk to notify all parties of the time 
and location of any such conference. At the discretion of the Presiding 
Officer, persons other than parties may attend. At a conference the 
Presiding Officer may:
    (i) Obtain stipulations and admissions, receive requests and order 
depositions to be taken, identify disputed issues of fact and law, and 
require or allow the submission of written testimony from any witness or 
party;
    (ii) Set a hearing schedule for as many of the following as are 
deemed necessary by the Presiding Officer:
    (A) Oral and written statements;
    (B) Submission of written direct testimony as required or authorized 
by the Presiding Officer;
    (C) Oral direct and cross-examination of a witness where necessary 
as prescribed in paragraph (p) of this section: and
    (D) Oral argument, if appropriate.
    (iii) Identify matters of which official notice may be taken;
    (iv) Consider limitation of the number of expert and other 
witnesses;
    (v) Consider the procedure to be followed at the hearing; and
    (vi) Consider any other matter that may expedite the hearing or aid 
in the disposition of the issue.
    (2) The results of any conference including all stipulations shall, 
if not transcribed, be summarized in writing by the Presiding Officer 
and made part of the record.
    (l) Primary discovery (exchange of witness lists and documents). (1) 
At a prehearing conference or within some reasonable time set by the 
Presiding Officer prior to the hearing, each party shall make available 
to the other parties the names of the expert and other witnesses the 
party expects to call, together with a brief summary of their expected 
testimony and a list of all documents and exhibits which the party 
expects to introduce into evidence. Thereafter, witnesses, documents, or 
exhibits may be added and summaries of expected testimony amended upon 
motion by a party.
    (2) The Presiding Officer, may, upon motion by a party or other 
person, and for good cause shown, by order (i) restrict or defer 
disclosure by a party of the name of a witness or a narrative summary of 
the expected testimony of a witness, and (ii) prescribe other 
appropriate measures to protect a witness. Any party affected by any 
such action shall have an adequate opportunity, once he learns the name 
of a witness and obtains the narrative summary of his expected 
testimony, to prepare for the presentation of his case.
    (m) Other discovery. (1) Except as so provided by paragraph (l) of 
this section, further discovery, under this paragraph, shall be 
permitted only upon determination by the Presiding Officer:
    (i) That such discovery will not in any way unreasonably delay the 
proceeding;
    (ii) That the information to be obtained is not obtainable 
voluntarily; and
    (iii) That such information has significant probative value. The 
Presiding Officer shall be guided by the procedures set forth in the 
Federal Rules of Civil Procedure, where practicable, and the precedents 
thereunder, except that no discovery shall be undertaken except upon 
order of the Presiding Officer or upon agreement of the parties.
    (2) The Presiding Officer shall order depositions upon oral 
questions only upon a showing of good cause and upon a finding that:
    (i) The information sought cannot be obtained by alternative 
methods; or
    (ii) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (3) Any party to the proceeding desiring an order of discovery shall 
make a motion or motions therefor. Such a motion shall set forth:
    (i) The circumstances warranting the taking of the discovery;
    (ii) The nature of the information expected to be discovered; and
    (iii) The proposed time and place where it will be taken.

[[Page 44]]


If the Presiding Officer determines the motion should be granted, he 
shall issue an order for the taking of such discovery together with the 
conditions and terms thereof.
    (4) Failure to comply with an order issued pursuant to this 
paragraph may lead to the inference that the information to be 
discovered would be adverse to the person or party from whom the 
information was sought.
    (n) Protective orders, in camera proceedings. (1) Upon motion by a 
party or by the person from whom discovery is sought, and upon a showing 
by the movant that the disclosure of the information to be discovered, 
or a particular part thereof, (other than emission data) would result in 
methods or processes entitled to protection as trade secrets of such 
person being divulged, the Presiding Officer may enter a protective 
order with respect to such material. Any protective order shall contain 
such terms governing the treatment of the information as may be 
appropriate under the circumstances to prevent disclosure outside the 
hearing: Provided, That the order shall state that the material shall be 
filed separately from other evidence and exhibits in the hearing. 
Disclosure shall be limited to parties to the hearing, their counsel and 
relevant technical consultants, and authorized representatives of the 
United States concerned with carrying out the Act. Except in the case of 
the government, disclosure may be limited to counsel for parties who 
shall not disclose such information to the parties themselves. Except in 
the case of the government, disclosure to a party or his counsel shall 
be conditioned on execution of a sworn statement that no disclosure of 
the information will be made to persons not entitled to receive it under 
the terms of the protective order. (No such provision is necessary where 
government employees are concerned because disclosure by them is subject 
to the terms of 18 U.S.C. 1905.)
    (2)(i) A party or person seeking a protective order may be permitted 
to make all or part of the required showing in camera. A record shall be 
made of such in camera proceedings. If the Presiding Officer enters a 
protective order following a showing in camera, the record of such 
showing shall be sealed and preserved and made available to the agency 
or court in the event of appeal.
    (ii) Attendance at any in camera proceeding may be limited to the 
Presiding Officer, the agency, and the person or party seeking the 
protective order.
    (3) Any party, subject to the terms and conditions of any protective 
order issued pursuant to paragraph (n)(1) of this section, desiring for 
the presentation of his case to make use of any in camera documents or 
testimony shall make application to the Presiding Officer by motion 
setting forth the justification therefor. The Presiding Officer, in 
granting any such motion, shall enter an order protecting the rights of 
the affected persons and parties and preventing unnecessary disclosure 
of such information, including the presentation of such information and 
oral testimony and cross-examination concerning it in executive session, 
as in his discretion is necessary and practicable.
    (4) In the submittal of proposed findings, briefs, or other papers, 
counsel for all parties shall make a good faith attempt to refrain from 
disclosing the specific details of in camera documents and testimony. 
This shall not preclude references in such proposed findings, briefs, or 
other papers to such documents or testimony including generalized 
statements based on their contents. To the extent that counsel considers 
it necessary to include specific details in their presentations, such 
data shall be incorporated in separate proposed findings, briefs, or 
other papers marked ``confidential,'' which shall become part of the in 
camera record.
    (o) Motions. (1) All motions, except those made orally during the 
course of the hearing, shall be in writing and shall state with 
particularity the grounds therefore, shall set forth the relief or order 
sought, and shall be filed with the Hearing Clerk and served upon all 
parties.
    (2) Within such time as may be fixed by the Environmental Appeals 
Board or the Presiding Officer, as appropriate, any party may serve and 
file an answer to the motion. The movant

[[Page 45]]

shall, if requested by the Environmental Appeals Board or the Presiding 
Officer, as appropriate, serve and file reply papers within the time set 
by the request.
    (3) The Presiding Officer shall rule upon all motions filed or made 
prior to the filing of his decision or accelerated decision, as 
appropriate. The Environmental Appeals Board shall rule upon all motions 
filed prior to the appointment of a Presiding Officer and all motions 
filed after the filing of the decision of the Presiding Officer or 
accelerated decision. Oral argument of motions will be permitted only if 
the Presiding Officer or the Environmental Appeals Board, as 
appropriate, deems it necessary.
    (p) Evidence. (1) The official transcripts and exhibits, together 
with all papers and requests filed in the proceeding, shall constitute 
the record. Immaterial or irrelevant parts of an admissible document 
shall be segregated and excluded so far as practicable. Documents or 
parts thereof subject to a protective order under paragraph (n) of this 
section shall be segregated. Evidence may be received at the hearing 
even though inadmissible under the rules of evidence applicable to 
judicial proceedings. The weight to be given evidence shall be 
determined by its reliability and probative value.
    (2) The Presiding Officer shall allow the parties to examine and 
cross-examine a witness to the extent that such examination and cross-
examination is necessary for a full and true disclosure of the facts.
    (3) Rulings of the Presiding Officer on the admissibility of 
evidence, the propriety of examination and cross-examination and other 
procedural matters shall appear in the record.
    (4) Parties shall automatically be presumed to have taken exception 
to an adverse ruling.
    (q) Record. (1) Hearings shall be stenographically reported and 
transcribed and the original transcripts shall be part of the record and 
the sole official transcript. Copies of the record shall be filed with 
the Hearing Clerk and made available during Agency business hours for 
public inspection. Any person desiring a copy of the record of the 
hearing or any part thereof, except as provided in paragraph (n) of this 
section, shall be entitled to the same upon payment of the cost thereof.
    (2) The official transcripts and exhibits, together with all papers 
and requests filed in the proceeding, shall constitute the record.
    (r) Proposed findings, conclusions. (1) Within 4 days of the close 
of the reception of evidence, or within such longer time as may be fixed 
by the Presiding Officer, any party may submit for the consideration of 
the Presiding Officer proposed findings of fact, conclusions of law, and 
a proposed order, together with reasons therefor and briefs in support 
thereof. Such proposals shall be in writing, shall be served upon all 
parties, and shall contain adequate references to the record and 
authorities relied upon.
    (2) The record shall show the Presiding Officer's ruling on the 
proposed findings and conclusions except when his order disposing of the 
proceeding otherwise informs the parties of the action taken by him 
thereon.
    (s) Decision of the Presiding Officer. (1) Unless extended by the 
Environmental Appeals Board, the Presiding Officer shall issue and file 
with the Hearing Clerk his decision within 14 days (or within 7 days in 
the case of a hearing requested under Sec. 86.612(i)) after the period 
for filing proposed findings as provided for in paragraph (r) of this 
section has expired.
    (2) The Presiding Officer's decision shall become the decision of 
the Environmental Appeals Board (i) when no notice of intention to 
appeal as described in paragraphs (t) and (u) of this section is filed, 
10 days after issuance thereof, unless in the interim the Environmental 
Appeals Board shall have taken action to review or stay the effective 
date of the decision; or (ii), when a notice of intention to appeal is 
filed but the appeal is not perfected as required by paragraphs (t) or 
(u) of this section, 5 days after the period allowed for perfection of 
an appeal has expired unless within that 5 day period, the Environmental 
Appeals Board shall have taken action to review or stay the effective 
date of the decision.
    (3) The Presiding Officer's decision shall include a statement of 
findings

[[Page 46]]

and conclusions, as well as the reasons or basis therefore, upon all the 
material issues of fact or law presented on the record and an 
appropriate rule or order. Such decision shall be supported by 
substantial evidence and based upon a consideration of the whole record.
    (4) At any time prior to the issuance of his decision, the Presiding 
Officer may reopen the proceeding for the reception of further evidence. 
Except for the correction of clerical errors, the jurisdication of the 
Presiding Officer is terminated upon the issuance of his decision.
    (t) Appeal from the decision of the Presiding Officer. (1) Any party 
to a proceeding may appeal the Presiding Officer's decision to the 
Environmental Appeals Board, Provided, That within 10 days after 
issuance of the Presiding Officer's decision such party files a notice 
of intention to appeal and an appeal brief within 20 days of such 
decision.
    (2) When an appeal is taken from the decision of the Presiding 
Officer, any party may file a brief with respect to such appeal. The 
brief shall be filed within 15 days of the date of the filing of the 
appellant's brief.
    (3) Any brief filed pursuant to this paragraph shall contain in the 
order indicated, the following:
    (i) A subject index of the matter in the brief, with page 
references, and a table of cases (alphabetically arranged) textbooks, 
statutes, and other material cited, with page references thereto;
    (ii) A specification of the issues intended to be urged: Provided, 
however, That in the case of a hearing requested under Sec. 86.612(i), 
the brief shall be restricted to the issues specified in paragraph 
(c)(2)(ii) of this section;
    (iii) The argument presenting clearly the points of fact and law 
relied upon in support of the position taken on each issue, with 
specific page references to the record and the legal or other material 
relied upon; and
    (iv) A proposed order for the Environmental Appeals Board's 
consideration if different from the order contained in the Presiding 
Officer's decision.
    (4) No brief in excess of 40 pages shall be filed without leave of 
the Environmental Appeals Board.
    (5) Oral argument shall be allowed only in the discretion of the 
Environmental Appeals Board.
    (u) Summary appeal. (1) In the case of a hearing requested under 
Sec. 86.612(i), any appeal taken from the decision of the Presiding 
Officer shall be conducted under this paragraph.
    (2) Any party to the proceeding may appeal the Presiding Officer's 
decision to the Environmental Appeals Board by filing a notice of appeal 
within 10 days.
    (3) The notice appeal shall be in the form of a brief, and shall 
conform to the requirements of paragraph (t)(3) of this section.
    (4) Within 10 days after a notice of appeal from the decision of the 
Presiding Officer is filed under this paragraph, any party may file a 
brief with respect to such appeal.
    (5) No brief in excess of 15 pages shall be filed without leave of 
the Environmental Appeals Board.
    (v) Review of the Presiding Officer's decision in absence of appeal. 
(1) If after the expiration of the period for taking an appeal as 
provided for by paragraph (t) or (u) of this section no notice of 
intention to appeal the decision of the Presiding Officer has been 
filed, or if filed, not perfected, the Hearing Clerk shall so notify the 
Environmental Appeals Board.
    (2) The Environmental Appeals Board, upon receipt of notice from the 
Hearing Clerk that no notice of intention to appeal the decision of the 
Presiding Officer has been filed, or if filed, not perfected pursuant to 
paragraph (t) or (u) of this section, may, on its own motion, within the 
time limits specified in paragraph (s)(2) of this section, review the 
decision of the Presiding Officer. Notice of the intention of the 
Environmental Appeals Board to review the decision of the Presiding 
Officer shall be given to all parties and shall set forth the scope of 
such review and the issues which shall be considered and shall make 
provision for filing of briefs.
    (w) Decision of appeal or review. (1) Upon appeal from or review of 
the Presiding Officer's decision, the Environmental Appeals Board shall 
consider such parts of the record as are cited or as may be necessary to 
resolve the

[[Page 47]]

issues presented and in addition shall, to the extent necessary or 
desirable, exercise all the powers which it could have exercised if it 
had presided at the hearing.
    (2) In rendering its decision, the Environmental Appeals Board shall 
adopt, modify or set aside the findings, conclusions, and order 
contained in the decision of the Presiding Officer and shall set forth 
in its decision a statement of the reasons or bases for its action.
    (3) In those cases where the Environmental Appeals Board determines 
that it should further information or additional views of the parties as 
to the form and content of the rule or order to be issued, the 
Environmental Appeals Board, in its discretion, may withhold final 
action pending the receipt of such additional information or views, or 
may remand the case to the Presiding Officer.
    (4) Any decision rendered under this paragraph which completes 
disposition of a case shall be a final decision of the Environmental 
Appeals Board.
    (x) Reconsideration. Within twenty (20) days after issuance of the 
Environmental Appeals Board's decision, any party may file with the 
Environmental Appeals Board a petition for reconsideration of such 
decision, setting forth the relief desired and the grounds in support 
thereof. Any petition filed under this subsection must be confined to 
new questions raised by the decision or final order and upon which the 
petitioner had no opportunity to argue before the Presiding Officer or 
the Environmental Appeals Board; Provided, however, That in the case of 
a hearing requested under Sec. 86.612(i) such new questions shall be 
limited to the issues specified in paragraph (c)(2)(ii) of this section. 
Any party desiring to oppose such a petition shall file an answer 
thereto within ten (10) days after the filing of the petition. The 
filing of a petition for reconsideration shall not operate to stay the 
effective date of the decision or order or to toll the running of any 
statutory time period affecting such decision or order unless 
specifically so ordered by the Environmental Appeals Board.
    (y) Accelerated decision, dismissal. (1) The Presiding Officer, upon 
motion of any party or sua sponte, may at any time render an accelerated 
decision in favor of the Agency or the manufacturer as to all or any 
part of the proceeding, without further hearing or upon such limited 
additional evidence such as affidavits as he may require, or dismiss any 
party with prejudice, for any of the following reasons:
    (i) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (ii) The lack of any genuine issue of material fact, causing a party 
to be entitled to judgment as a matter of law; or
    (iii) Such other and further reasons as are just, including 
specifically failure to obey a procedural order of the Presiding 
Officer.
    (2) If under this paragraph an accelerated decision is issued as to 
all the issues and claims joined in the proceeding, the decision shall 
be treated for the purposes of these procedures as the decision of the 
Presiding Officer as provided in paragraph (s) of this section.
    (3) If under this paragraph, judgment is rendered on less than all 
issues or claims in the proceeding, the Presiding Officer shall 
determine what material facts exist without substantial controversy and 
what material facts are actually and in good faith controverted. He 
shall thereupon issue an order specifying the facts which appear without 
substantial controversy, and the issues and claims upon which the 
hearing will proceed.
    (z) Conclusion of hearing. (1) If, after the expiration of the 
period for taking an appeal as provided for by paragraph (t) and (u) of 
this section, no appeal has been taken from the Presiding Officer's 
decision, and after the expiration of the period for review by the 
Environmental Appeals Board on its own motion as provided for by 
paragraph (v) of this section, the Environmental Appeals Board does not 
move to review such decision, the hearing will be deemed to have ended 
at the expiration of all periods allowed for such appeal and review.
    (2) If an appeal of the Presiding Officer's decision is taken 
pursuant to paragraphs (t) and (u) of this section, or if, in the 
absence of such appeal, the Environmental Appeals Board moves to

[[Page 48]]

review the decision of the Presiding Officer pursuant to paragraph (v) 
of this section, the hearing will be deemed to have ended upon rendering 
of a final decision by the Environmental Appeals Board.
    (aa) Judicial review. (1) The Administrator hereby designates the 
General Counsel, Environmental Protection Agency as the officer upon 
whom copy of any petition for judicial review shall be served. Such 
officer shall be responsible for filing in the court the record on which 
the order of the Environmental Appeals Board is based.
    (2) Before forwarding the record to the court, the Agency shall 
advise the petitioner of costs of preparing it and as soon as payment to 
cover fees is made, shall forward the record to the court.

[41 FR 31483, July 28, 1976, as amended at 43 FR 4553, Feb. 2, 1978; 44 
FR 61962, Oct. 29, 1979. Redesignated and amended at 49 FR 48484, Dec. 
12, 1984, and further redesignated at 54 FR 2123, Jan. 19, 1989; 57 FR 
5330, Feb. 13, 1992]



Sec. 86.615-84  Treatment of confidential information.

    (a) Any manufacturer may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a manufacturer must indicate clearly the items of 
information claimed confidential by marking, circling, bracketing, 
stamping, or otherwise specifying the confidential information. 
Furthermore, EPA requests, but does not require, that the submitter also 
provide a second copy of its submittal from which all confidential 
information has been deleted. If a need arises to publicly release 
nonconfidential information, EPA will assume that the submitter has 
accurately deleted the confidential information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to this subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Environmental Appeals Board only to the extent and by means of the 
procedures set forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).

[50 FR 34798, Aug. 27, 1985. Redesignated at 54 FR 2123, Jan. 19, 1989, 
and amended at 57 FR 5332, Feb. 13, 1992]



 Subpart H--General Provisions for In-Use Emission Regulations for 1994 
     and Later Model Year Light-Duty Vehicles and Light-Duty Trucks

    Source: 56 FR 25781, June 5, 1991, unless otherwise noted.



Sec. 86.701-94  General applicability.

    (a) The provisions of this subpart apply to: 1994 and later model 
year Otto-cycle and diesel light-duty vehicles; 1994 and later 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.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles, light-duty trucks, and Otto-cycle heavy-duty vehicles and 
engines under the provisions of subpart S of this part.

[65 FR 59957, Oct. 6, 2000]



Sec. 86.702-94  Definitions.

    The definitions in subparts A and B of this part apply to this 
subpart.



Sec. 86.703-94  Abbreviations.

    The abbreviations in subparts A and B of this part apply to this 
subpart.

[[Page 49]]



Sec. 86.704-94  Section numbering; construction.

    Section Sec. 86.104 of subpart B applies to this subpart.



Secs. 86.705-94--86.707-94  [Reserved]



Sec. 86.708-94  In-use emission standards for 1994 and later model year light-duty vehicles.

    Section 86.708-94 includes text that specifies requirements that 
differ from Sec. 86.090-8 of subpart A of this part. Where a paragraph 
in Sec. 86.090-8 is identical and applicable to Sec. 86.708-94, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.090-8.'' Where a corresponding 
paragraph of Sec. 86.090-8 is not applicable, this is indicated by the 
statement ``[Reserved].''
    (a)(1) Standards. (i) In-use exhaust emissions from 1994 and later 
model year light-duty vehicles shall meet all standards in tables H94-3 
and H94-4 in the rows designated with the applicable fuel type, 
according to the implementation schedules in tables H94-1 and H94-2, and 
shall meet all standards in tables H94-6 and H94-7 in the rows 
designated with the applicable fuel type, according to the 
implementation schedules in table H94-5, as follows:
    (A)(1)(i) For model years 1994 and 1995, a minimum of the percentage 
shown in table H94-1 of a manufacturer's sales of the applicable model 
year's light-duty vehicles shall not exceed the applicable Tier 
1I standards in table H94-3. The remaining vehicles, if any, 
shall not exceed the applicable Tier 0 standards in table H94-3.
    (ii) For model years 1996 and beyond, a minimum of the percentages 
shown in table H94-2 of a manufacturer's sales of the applicable model 
year's light-duty vehicles shall not exceed the applicable Tier 1 
standards in tables H94-3 and H94-4. The remaining vehicles, if any, 
shall not exceed the applicable Tier 1I standards in table 
H94-3.
    (2) Particulates. For in-use exhaust emissions for model years 1994 
and later, a minimum of the percentage shown in table H94-5 of a 
manufacturer's sales of the applicable model year's light-duty vehicles 
shall not exceed the applicable Tier 1 standards in tables H94-6 and 
H94-7. The remaining vehicles, if any, shall not exceed the applicable 
Tier 0 standards in table H94-6.
    (3) Optionally, compliance with the Tier 1I and Tier 1 
implementation schedules of this section may be based on the combined 
sales of light-duty vehicles and light light-duty trucks, if such option 
was taken for certification as allowed in Sec. 86.094-8 and Sec. 86.094-
9 of subpart A of this part. Vehicles meeting Tier 1I in-use 
standards shall only be combined for this purpose with other vehicles 
meeting Tier 1I standards, and those meeting Tier 1 standards 
shall only be combined with those meeting the Tier 1 standards.

Table H94-1--Implementation Schedule for Light-Duty Vehicles for HCs, CO
                                 and NOX
------------------------------------------------------------------------
                                                               Tier 1I
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................           40
1995.......................................................           80
1996.......................................................           60
1997.......................................................           20
After 1997.................................................            0
------------------------------------------------------------------------


Table H94-2--Implementation Schedule for Light-Duty Vehicles for HCs, CO
                                 and NOX
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................            0
1995.......................................................            0
1996.......................................................           40
1997.......................................................           80
After 1997.................................................          100
------------------------------------------------------------------------


[[Page 50]]


      Table H94-3--Intermediate Useful Life\1\ Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
----------------------------------------------------------------------------------------------------------------
                Fuel                        Standards          THC    NMHC    THCE      NMHCE       CO      NOX
----------------------------------------------------------------------------------------------------------------
Gasoline...........................  Tier 0................    0.41  ......  ......  ...........     3.4     1.0
Gasoline...........................  Tier 1I...............    0.41    0.32  ......  ...........     3.4     0.4
Gasoline...........................  Tier 1................    0.41    0.25  ......  ...........     3.4     0.4
Diesel.............................  Tier 0................    0.41  ......  ......  ...........     3.4     1.0
Diesel.............................  Tier 1I...............    0.41    0.32  ......  ...........     3.4     1.0
Diesel.............................  Tier 1................    0.41    0.25  ......  ...........     3.4     1.0
Methanol...........................  Tier 0................  ......  ......    0.41  ...........     3.4     1.0
Methanol...........................  Tier 1I...............  ......  ......    0.41         0.32     3.4     0.4
Methanol...........................  Tier 1................  ......  ......    0.41         0.25     3.4     0.4
Natural Gas........................  Tier 0................  ......    0.34  ......  ...........     3.4     1.0
Natural Gas........................  Tier 1I...............  ......    0.32  ......  ...........     3.4     0.4
Natural Gas........................  Tier 1................  ......    0.25  ......  ...........     3.4     0.4
LPG................................  Tier 0................    0.41  ......  ......  ...........     3.4     1.0
LPG................................  Tier 1I...............    0.41    0.32  ......  ...........     3.4     0.4
LPG................................  Tier 1................    0.41    0.25  ......  ...........     3.4     0.4
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


         Table H94-4--Full Useful Life \1\ Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
----------------------------------------------------------------------------------------------------------------
                Fuel                        Standards          THC    NMHC    THCE      NMHCE       CO      NOX
----------------------------------------------------------------------------------------------------------------
Gasoline...........................  Tier 0................  ......  ......  ......  ...........  ......  ......
Gasoline...........................  Tier 1................  ......    0.31  ......  ...........     4.2    0.60
Diesel.............................  Tier 0................  ......  ......  ......  ...........  ......  ......
Diesel.............................  Tier 1................  ......    0.31  ......  ...........     4.2    1.25
Methanol...........................  Tier 0................  ......  ......  ......  ...........  ......  ......
Methanol...........................  Tier 1................  ......  ......  ......         0.31     4.2    0.60
Natural Gas........................  Tier 0................  ......  ......  ......  ...........  ......  ......
Natural Gas........................  Tier 1................  ......    0.31  ......  ...........     4.2    0.60
LPG................................  Tier 0................  ......  ......  ......  ...........  ......  ......
LPG................................  Tier 1................  ......    0.31  ......  ...........     4.2    0.60
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement
  testing will be done beyond 7 years or 75,000 miles, whichever first occurs.


   Table H94-5--Implementation Schedule for Light-Duty Vehicles for PM
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................           40
1995.......................................................           80
After 1995.................................................          100
------------------------------------------------------------------------


  Table H94-6--Intermediate Useful Life \1\ Standards (g/mi) for Light-
                          Duty Vehicles for PM
------------------------------------------------------------------------
                  Fuel                           Standards           PM
------------------------------------------------------------------------
Gasoline...............................  Tier 0..................  .....
Gasoline...............................  Tier 1..................   0.08
Diesel.................................  Tier 0..................   0.20
Diesel.................................  Tier 1..................   0.08
Methanol...............................  Tier 0..................  \2\ 0
                                                                     .20
Methanol...............................  Tier 1..................  10.08
Natural Gas............................  Tier 0..................  \2\ 0
                                                                     .20
Natural Gas............................  Tier 1..................   0.08
LPG....................................  Tier 0..................  \2\ 0
                                                                     .20
LPG....................................  Tier 1..................   0.08
------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever
  first occurs.
\2\ Applicable only to diesel-cycle vehicles.


    Table H94-7--Full Useful Life \1\ Standards (g/mi) for Light-Duty
                             Vehicles for PM
------------------------------------------------------------------------
                 Fuel                           Standards           PM
------------------------------------------------------------------------
Gasoline..............................  Tier 0..................  ......
Gasoline..............................  Tier 1..................    0.10
Diesel................................  Tier 0..................  ......

[[Page 51]]

 
Diesel................................  Tier 1..................    0.10
Methanol..............................  Tier 0..................  ......
Methanol..............................  Tier 1..................    0.10
Natural Gas...........................  Tier 0..................  ......
Natural Gas...........................  Tier 1..................    0.10
LPG...................................  Tier 0..................  ......
LPG...................................  Tier 1..................    0.10
------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever
  first occurs, except that no enforcement testing will be done beyond 7
  years or 75,000 miles, whichever first occurs.

    (B)(1)(i) Sales percentages for the purposes of determining 
compliance with paragraph (a)(1)(i) of this section shall be based on 
total actual U.S. sales of light-duty vehicles of the applicable model 
year by a manufacturer to a dealer, distributor, fleet operator, broker, 
or any other entity which comprises the point of first sale. If the 
option of paragraph (a)(1)(i)(A)(3) is taken, such sales percentages 
shall be based on the total actual combined U.S. sales of light-duty 
vehicles and light light-duty trucks of the applicable model year by a 
manufacturer to a dealer, distributor, fleet operator, broker, or any 
other entity which comprises the point of first sale.
    (ii) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sales to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of tables H94-1, H94-2 and H94-5 of this section. Such 
petition shall be submitted within 30 days of the end of the model year 
to the Manufacturers Operations Division. For the petition to be 
granted, the manufacturer must establish to the satisfaction of the 
Administrator that actual production volume is functionally equivalent 
to actual sales volume.
    (iii) The vehicles that are counted toward the implementation 
schedule sales percentage, or toward the total on which such percentage 
is based, for certification purposes as prescribed by Sec. 86.094-8 
(a)(1)(i)(B)(1)(iii) of subpart A of this part, shall be the same 
vehicles that are counted toward the implementation schedule sales 
percentage, or the total on which it is based, for in-use purposes.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14 (b) 
(1) and (2), are exempt from the implementation schedules of tables H94-
1 and H94-2 of this section for model years 1994 through 1997, and from 
the implementation schedule of table H94-5 of this section for model 
years 1994 and 1995. For small volume manufacturers, Tier 0 standards of 
table H94-6 continue to apply until model year 1996 and Tier 0 standards 
of table H94-3 continue to apply until model year 1998, when one hundred 
percent compliance with the Tier 1 standards of tables H94-3, H94-4, 
H94-6, and H94-7 is required. This exemption does not apply to small 
volume engine families as defined in Sec. 86.092-14 (b)(5).
    (2)(i) For 1994 and 1995 model year light-duty vehicles, the engine 
families which comprise the required implementation schedule percentage 
of sales meeting Tier 1 standards for HCs, CO, and NOX, for 
purposes of certification, shall be the same engine families which 
comprise the required implementation schedule percentage of sales 
meeting the interim in-use standards (labeled ``Tier 1I'' in 
the tables of in-use standards) for in-use purposes.
    (ii) For 1996 and 1997 model year light-duty vehicles the engine 
families which comprise the required implementation schedule percentage 
of sales meeting interim in-use standards (labeled ``Tier 
1I'' in the tables of in-use standards) and final in-use 
standards (labeled ``Tier 1'' in the tables of in-use standards) 
respectively, for HCs, CO, and NOX, for in-use purposes, 
shall be designated by the manufacturer at the time of Application for 
Certification.
    (iii) For 1994 and 1995 model year light-duty vehicles, the engine 
families

[[Page 52]]

which comprise the required implementation schedule percentage of sales 
meeting Tier 1 standards, for PM, for purposes of certification, shall 
be the same engine families which comprise the required implementation 
schedule percentage of sales meeting the final in-use standards (labeled 
``Tier 1'' in the tables of in-use standards) for PM for in-use 
purposes.
    (3) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which families will be used to attain the required 
implementation schedule sales percentages for in-use purposes.
    (4) A manufacturer cannot use one set of engine families to meet its 
in-use intermediate useful life standards and another to meet its in-use 
full useful life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (ii) Engine families participating in the particulate averaging 
program as specified in Sec. 86.094-8 (a)(1)(ii) shall be subject, for 
purposes of in-use compliance, to the particulate family emission limit 
determined for that engine family for certification purposes, in lieu of 
the appropriate particulate standard shown in the tables of in-use 
standards in this section.
    (iii) CST emissions from model year 1996 and later gasoline-fueled 
Otto-cycle light-duty vehicles measured and calculated in accordance 
with subpart O of this part may not exceed the standards listed in 
paragraphs (a)(1)(iii) (A) and (B) of this section.
    (A) Hydrocarbons: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (2) The standards set forth in paragraph (a)(1)(i) of this section 
refer to the exhaust emitted over a driving schedule as set forth in 
subpart B of this part and measured and calculated in accordance with 
those procedures. The test weight basis for light-duty vehicles, for the 
purposes of determining equivalent test weight as prescribed in 
Sec. 86.129-94, shall be loaded vehicle weight.
    (3) The standards set forth in paragraph (a)(1)(iii) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) The provisions of Sec. 86.090-8(b) through (h) of subpart A of 
this part apply to this section. The provisions of Sec. 86.096-8(i) 
through (k) of subpart A of this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58 
FR 33211, June 16, 1993; 58 FR 58424, Nov. 1, 1993; 59 FR 33913, July 1, 
1994; 59 FR 48515, Sept. 21, 1994]



Sec. 86.708-98  In-use emission standards for 1998 and later model year light-duty vehicles.

    Section 86.708-98 includes text that specifies requirements that 
differ from Sec. 86.090-8 of subpart A of this part. Where a paragraph 
in Sec. 86.090-8 is identical and applicable to Sec. 86.708-98, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.090-8.'' Where a corresponding 
paragraph of Sec. 86.090-8 is not applicable, this is indicated by the 
statement ``[Reserved].''
    (a)(1)(i) In-use exhaust emissions from 1998 and later model year 
light-duty vehicles shall meet all standards in tables H98-1 and H98-2 
in the rows designated with the applicable fuel type.

               Table H98-1--Intermediate Useful Life \1\ Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
                        Fuel                           THC    NMHC    THCE      NMHCE       CO      NOX     PM
----------------------------------------------------------------------------------------------------------------
Gasoline...........................................    0.41    0.25  ......  ...........     3.4     0.4    0.08
Diesel.............................................    0.41    0.25  ......  ...........     3.4     1.0    0.08
Methanol...........................................  ......  ......    0.41         0.25     3.4     0.4    0.08
Natural Gas........................................  ......    0.25  ......  ...........     3.4     0.4    0.08
LPG................................................    0.41    0.25  ......  ...........     3.4     0.4    0.08
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


[[Page 53]]


                   Table H98-2--Full Useful Life \1\ Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
                        Fuel                           THC    NMHC    THCE      NMHCE       CO      NOX     PM
----------------------------------------------------------------------------------------------------------------
Gasoline...........................................  ......    0.31  ......  ...........     4.2     0.6    0.10
Diesel.............................................  ......    0.31  ......  ...........     4.2    1.25    0.10
Methanol...........................................  ......  ......  ......         0.31     4.2     0.6    0.10
Natural Gas........................................  ......    0.31  ......  ...........     4.2     0.6    0.10
LPG................................................  ......    0.31  ......  ...........     4.2     0.6    0.10
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement
  testing will be done beyond 7 years or 75,000 miles, whichever first occurs.

    (ii)(A) Vehicles subject to the standards of paragraph (a)(1)(i) of 
this section shall be all actual U.S. sales of light-duty vehicles of 
the applicable model year by a manufacturer.
    (B) A manufacturer cannot use one set of engine families to meet its 
in-use intermediate useful life standards and another to meet its in-use 
full useful life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (iii) CST emissions from gasoline-fueled Otto-cycle light-duty 
vehicles measured and calculated in accordance with subpart O of this 
part may not exceed the standards listed in paragraphs (a)(1)(iii) (A) 
and (B) of this section.
    (A) Hydrocarbons: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over a driving schedule as set forth in 
subpart B of this part and measured and calculated in accordance with 
those procedures. The test weight basis for light-duty vehicles, for the 
purposes of determining equivalent test weight as prescribed in 
Sec. 86.129-94, shall be loaded vehicle weight.
    (3) The standards set forth in paragraph (a)(1)(iii) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) The provisions of Sec. 86.090-8 (b) through (h) of subpart A of 
this part apply to this section. The provisions of Sec. 86.096-8 (i) 
through (j) of subpart A of this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 58 FR 58424, Nov. 1, 1993; 59 
FR 33913, July 1, 1994; 59 FR 48516, Sept. 21, 1994]



Sec. 86.709-94  In-use emission standards for 1994 and later model year light-duty trucks.

    Section 86.709-94 includes text that specifies requirements that 
differ from Sec. 86.091-9 of subpart A of this part. Where a paragraph 
in Sec. 86.091-9 is identical and applicable to Sec. 86.709-94, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.091-9.'' Where a corresponding 
paragraph of Sec. 86.091-9 is not applicable, this is indicated by the 
statement ``[Reserved].''
    (a)(1) Standards--(i) Light light-duty trucks. In-use exhaust 
emissions from 1994 and later model year light light-duty trucks shall 
meet all standards in tables H94-9 and H94-10 in the rows designated 
with the applicable fuel type and loaded vehicle weight, according to 
the implementation schedule in table H94-8, and shall meet all standards 
in tables H94-12 and H94-13 in the rows designated with the applicable 
fuel type and loaded vehicle weight, according to the implementation 
schedules in table H94-11, as follows:
    (A)(1)(i) For model year 1994 and 1995, a minimum of the respective 
percentages shown in the Tier 1I column of table H94-8 of a 
manufacturer's sales of the applicable model year's light light-duty 
trucks shall not exceed the applicable Tier 1I standards in 
tables H94-9 and H94-10. The remaining vehicles, if any, shall not 
exceed the applicable Tier 0 standards in tables H94-9 and H94-10.
    (ii) For model years 1996 and 1997, a minimum of the percentages 
shown in the Tier 1 percentage column of table H94-8 of a manufacturer's 
sales of the applicable model year's light light-duty trucks shall not 
exceed the applicable Tier 1 standards in table H94-9 and H94-10, and 
the remaining vehicles,

[[Page 54]]

if any, shall not exceed the applicable Tier 1I standards in 
tables H94-9 and H94-10.
    (iii) For model year 1998 and beyond, a minimum of the percentage 
shown in the Tier 1 percentage column of table H94-8 of a manufacturer's 
sales of the applicable model year's light light-duty trucks shall not 
exceed the applicable Tier 1 standards in tables H94-9 and H94-10.
    (2) Particulates. For in-use exhaust emissions for 1994 and later, a 
minimum of the percentage shown in table H94-11 of a manufacturer's 
sales of the applicable model year's light light-duty trucks shall not 
exceed the applicable Tier 1 standards in tables H94-12 and H94-13. The 
remaining light light-duty trucks, if any, shall not exceed the 
applicable Tier 0 standards in tables H94-12 and H94-13.
    (3) Optionally, compliance with the Tier 1I and Tier 1 
implementation schedules of this section may be based on the combined 
sales of light-duty vehicles and light light-duty trucks, if such option 
was taken for certification as allowed in Sec. 86.094-8 and Sec. 86.094-
9 of subpart A of this part. Vehicles meeting Tier 1I in-use 
standards shall only be combined for this purpose with other vehicles 
meeting Tier 1I standards, and those meeting Tier 1 standards 
shall only be combined with those meeting the Tier 1 standards.

  Table H94-8--Implementation Schedule for Light Light-Duty Trucks for
                             HCs, CO and NOX
------------------------------------------------------------------------
                                                  Tier 1I       Tier 1
                  Model year                     percentage   percentage
------------------------------------------------------------------------
1994..........................................           40            0
1995..........................................           80            0
1996..........................................           60           40
1997..........................................           20           80
1998..........................................            0          100
------------------------------------------------------------------------


                       Table H94-9--Intermediate Useful Life \1\ Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Fuel                      LVW (lbs)            Standards             THC        NMHC       THCE      NMHCE        CO          NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................       0-3750  Tier 0....................       0.80  .........  .........  .........        10          1.2
Gasoline...................................       0-3750  Tier 1....................       0.80       0.32  .........  .........         5.2        0.4
Gasoline...................................       0-3750  Tier 1....................       0.80       0.25  .........  .........         3.4        0.4
Gasoline...................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
Gasoline...................................    3751-5750  Tier 11...................       0.80       0.41  .........  .........         6.7        0.7
Gasoline...................................    3751-5750  Tier 1....................       0.80       0.32  .........  .........         4.4        0.7
Diesel.....................................       0-3750  Tier 0....................       0.80  .........  .........  .........        10          1.2
Diesel.....................................       0-3750  Tier 11...................       0.80       0.32  .........  .........         5.2        1.2
Diesel.....................................       0-3750  Tier 1....................       0.80       0.25  .........  .........         3.4        1.0
Diesel.....................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
Diesel.....................................    3751-5750  Tier 11...................       0.80       0.41  .........  .........         6.7        1.7
Diesel.....................................    3751-5750  Tier 1....................       0.80       0.32  .........  .........         4.4        0.97
Methanol...................................       0-3750  Tier 0....................  .........  .........       0.80  .........        10          1.2
Methanol...................................       0-3750  Tier 11...................  .........  .........       0.80       0.32         5.2        0.4
Methanol...................................       0-3750  Tier 1....................  .........  .........       0.80       0.25         3.4        0.4
Methanol...................................    3751-5750  Tier 0....................  .........  .........       0.80  .........        10          1.7
Methanol...................................    3751-5750  Tier 11...................  .........  .........       0.80       0.41         6.7        0.7
Methanol...................................    3751-5750  Tier 1....................  .........  .........       0.80       0.32         4.4        0.7
Natural Gas................................       0-3750  Tier 0....................  .........       0.67  .........  .........        10          1.2
Natural Gas................................       0-3750  Tier 11...................  .........       0.32  .........  .........         5.2        0.4
Natural Gas................................       0-3750  Tier 1....................  .........       0.25  .........  .........         3.4        0.4
Natural Gas................................    3751-5750  Tier 0....................  .........       0.67  .........  .........        10          1.7
Natural Gas................................    3751-5750  Tier 11...................  .........       0.41  .........  .........         6.7        0.7
Natural Gas................................    3751-5750  Tier 1....................  .........       0.32  .........  .........         4.4        0.7
LPG........................................       0-3750  Tier 0....................       0.80  .........  .........         10         1.2
LPG........................................       0-3750  Tier 11...................       0.80       0.32  .........  .........         5.2        0.4
LPG........................................       0-3750  Tier 1....................       0.80       0.25  .........  .........         3.4        0.4
LPG........................................    3751-5750  Tier 0....................       0.80  .........  .........         10         1.7
LPG........................................    3751-5750  Tier 11...................       0.80       0.41  .........        6.7         0.7
LPG........................................    3751-5750  Tier 1....................       0.80       0.32  .........  .........         4.4        0.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


[[Page 55]]


                             Table H94-10--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Fuel                      LVW (lbs)            Standards            THC\2\    NMHC\1\    THCE\2\    NMHCE\1\     CO\1\      NOX\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................       0-3750  Tier 0....................       0.80  .........  .........  .........        10          1.2
Gasoline...................................       0-3750  Tier 1....................       0.80       0.31  .........  .........         4.2        0.60
Gasoline...................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
Gasoline...................................    3751-5750  Tier 1....................       0.80       0.40  .........  .........         5.5        0.97
Diesel.....................................       0-3750  Tier 0....................       0.80  .........  .........  .........        10          1.2
Diesel.....................................       0-3750  Tier 1....................       0.80       0.31  .........  .........         4.2        1.25
Diesel.....................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
Diesel.....................................    3751-5750  Tier 1....................       0.80       0.40  .........  .........         5.5        0.97
Methanol...................................       0-3750  Tier 0....................  .........  .........       0.80  .........        10          1.2
Methanol...................................       0-3750  Tier 1....................  .........  .........       0.80       0.31         4.2        0.60
Methanol...................................    3751-5750  Tier 0....................  .........  .........       0.80  .........        10          1.7
Methanol...................................    3751-5750  Tier 1....................  .........  .........       0.80       0.40         5.5        0.97
Natural Gas................................       0-3750  Tier 0....................       2.93       0.67  .........  .........        10          1.2
Natural Gas................................       0-3750  Tier 1....................       2.93       0.31  .........  .........         4.2        0.60
Natural Gas................................    3751-5750  Tier 0....................       2.93       0.67  .........  .........        10          1.7
Natural Gas................................    3751-5750  Tier 1....................       2.93       0.40  .........  .........         5.5        0.97
LPG........................................       0-3750  Tier 0....................       0.80  .........  .........  .........        10          1.2
LPG........................................       0-3750  Tier 1....................       0.80       0.31  .........  .........         4.2        0.60
LPG........................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
LPG........................................    3751-5750  Tier 1....................       0.08       0.40  .........  .........         5.5        0.97
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, which ever first occurs, except that no enforcement testing will be done beyond 7 years or
  75,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.


Table H94-11--Implementation Schedule for Light Light-Duty Trucks for PM
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................           0%
1995.......................................................          40%
1996.......................................................          80%
after 1996.................................................         100%
------------------------------------------------------------------------


  Table H94-12--Intermediate Useful Life \1\ Standards (g/mi) for Light
                        Light-Duty Trucks for PM
------------------------------------------------------------------------
             Fuel                 LVW (lbs)      Standards         PM
------------------------------------------------------------------------
Gasoline......................       0-3750   Tier 0.........  .........
Gasoline......................       0-3750   Tier 1.........       0.08
Gasoline......................    3751-5750   Tier 0.........  .........
Gasoline......................    3751-5750   Tier 1.........       0.08
Diesel........................       0-3750   Tier 0.........       0.26
Diesel........................       0-3750   Tier 1.........       0.08
Diesel........................    3751-5750   Tier 0.........       0.13
Diesel........................    3751-5750   Tier 1.........       0.08
Methanol......................       0-3750   Tier 0.........  .........
Methanol......................       0-3750   Tier 1.........       0.08
Methanol......................    3751-5750   Tier 0.........  .........
Methanol......................    3751-5750   Tier 1.........       0.08
Natural Gas...................       0-3750   Tier 0.........   \2\ 0.26
Natural Gas...................       0-3750   Tier 1.........       0.08
Natural Gas...................    3751-5750   Tier 0.........   \2\ 0.13
Natural Gas...................    3751-5750   Tier 1.........       0.08
LPG...........................       0-3750   Tier 0.........   \2\ 0.26
LPG...........................       0-3750   Tier 1.........       0.08
LPG...........................    3751-5750   Tier 0.........   \2\ 0.13
LPG...........................    3751-5750   Tier 1.........       0.08
------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever
  first occurs.
\2\ Applicable only to diesel-cycle vehicles.


Table H94-13--Full Useful Life \1\ Standards (g/mi) for Light Light-Duty
                              Trucks for PM
------------------------------------------------------------------------
             Fuel                 LVW (lbs)      Standards        PM
------------------------------------------------------------------------
Gasoline......................       0-3750   Tier 0........  ..........
Gasoline......................       0-3750   Tier 1........        0.10
Gasoline......................    3751-5750   Tier 0........  ..........

[[Page 56]]

 
Gasoline......................    3751-5750   Tier 1........        0.10
Diesel........................       0-3750   Tier 0........        0.26
Diesel........................       0-3750   Tier 1........        0.10
Diesel........................    3751-5750   Tier 0........        0.13
Diesel........................    3751-5750   Tier 1........        0.10
Methanol......................       0-3750   Tier 0........  ..........
Methanol......................       0-3750   Tier 1........        0.10
Methanol......................    3751-5750   Tier 0........  ..........
Methanol......................    3751-5750   Tier 1........        0.10
Natural Gas...................       0-3750   Tier 0........    \2\ 0.26
Natural Gas...................       0-3750   Tier 1........        0.10
Natural Gas...................    3751-5750   Tier 0........    \2\ 0.13
Natural Gas...................    3751-5750   Tier 1........        0.10
LPG...........................       0-3750   Tier 0........    \2\ 0.26
LPG...........................       0-3750   Tier 1........        0.10
LPG...........................    3751-5750   Tier 0........    \2\ 0.13
LPG...........................    3751-5750   Tier 1........        0.10
------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever
  first occurs, except that no enforcement testing will be done beyond 7
  years or 75,000 miles, whichever first occurs.
\2\ Applicable only to diesel-cycle vehicles.

    (B)(1)(i) Sales percentages for the purposes of determining 
compliance with paragraph (a)(1)(i)(A) of this section shall be based on 
total actual U.S. sales of light-duty vehicles of the applicable model 
year by a manufacturer to a dealer, distributor, fleet operator, broker, 
or any other entity which comprises the point of first sale. If the 
option of paragraph (a)(1)(i)(A)(3) is taken, such sales percentages 
shall be based on the total actual combined U.S. sales of light-duty 
vehicles and light light-duty trucks of the applicable model year by a 
manufacturer to a dealer, distributor, fleet operator, broker, or any 
other entity which comprises the point of first sale.
    (ii) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sale to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of tables H94-8 and H94-11 of this section. Such 
petition shall be submitted within 30 days of the end of the model year 
to the Manufacturers Operations Division. For the petition to be 
granted, the manufacturer must establish to the satisfaction of the 
Administrator that actual production volume is functionally equivalent 
to actual sales volume.
    (iii) The vehicles that are counted toward the implementation 
schedule sales percentage, or toward the total on which such percentage 
is based, for certification purposes as prescribed by Sec. 86.094-
9(a)(1)(i)(B)(1)(iii) of subpart A of this part, shall be the same 
vehicles that are counted toward the implementation schedule sales 
percentage, or the total on which it is based, for in-use purposes.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14(b) (1) 
and (2), are exempt from the implementation schedules of table H94-8 of 
this section for model years 1994 through 1997 and from the 
implementation schedules of table H94-11 of this section for model years 
1995 and 1996. For small volume manufacturers, Tier 0 standards of 
tables H94-9 and H94-10 continue to apply until model year 1998 and the 
Tier 0 standards of tables H94-12 and H94-13 continue to apply until 
model year 1997, when one hundred percent compliance with the Tier 1 
standards of such tables is required. This exemption does not apply to 
small volume engine families as defined in Sec. 86.092-14 (b)(5).
    (2)(i) For 1994 and 1995 model year light light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting Tier 1 standards for HCs, CO, and 
NOX, for purposes of certification, shall be the same engine 
families which comprise the required implementation schedule percentage 
of sales meeting the interim in-use standards

[[Page 57]]

(labeled ``Tier 1I'' in the tables of in-use standards) for 
in-use purposes.
    (ii) For 1996 and 1997 model year light light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting interim in-use standards (labeled ``Tier 
1I'' in the tables of in-use standards) and final in-use 
standards (labeled ``Tier 1'' in the tables of in-use standards) 
respectively, for HCs, CO, and NOX, for in-use purposes, 
shall be designated by the manufacturer at the time of certification.
    (iii) For 1995 and 1996 model year light light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting Tier 1 standards, for PM, for purposes of 
certification, shall be the same engine families which comprise the 
required implementation schedule percentage of sales meeting the final 
in-use standards (labeled ``Tier 1'' in the tables of in-use standards) 
for PM for in-use purposes.
    (3) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which families will be used to attain the required 
implementation schedule sales percentages for in-use purposes.
    (4) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use full useful life standards. The same families which are used to 
meet the intermediate useful life standards will be required without 
deviation to meet the corresponding full useful life standards.
    (ii) Heavy light-duty trucks. In-use exhaust emissions from 1994 and 
later model year heavy light-duty trucks shall meet all standards in 
tables H94-15 and H94-16 in the rows designated with the applicable fuel 
type and loaded vehicle weight or adjusted loaded vehicle weight, as 
applicable, according to the implementation schedule in table H94-14, 
and shall meet all standards in tables H94-18 and H94-19 in the rows 
designated with the applicable fuel type and loaded vehicle weight or 
adjusted loaded vehicle weight, as applicable, according to the 
implementation schedules in table H94-17, as follows:
    (A)(1)(i) For model years 1994 through 1997, a minimum of the 
percentage shown in the Tier 1I column of table H94-14 of a 
manufacturer's sales of the applicable model year's heavy light-duty 
trucks shall not exceed the applicable Tier 1I standards in 
tables H94-15 and H94-16. The remaining vehicles, if any, shall not 
exceed the applicable Tier 0 standards in tables H94-15 and H94-16.
    (ii) For model year 1998, a minimum of the percentage shown in table 
H94-14 of a manufacturer's sales of the applicable model year's heavy 
light-duty trucks shall not exceed the applicable Tier 1 standards in 
tables H94-15 and H94-16. The remaining vehicles shall not exceed the 
applicable Tier 1I standards in tables H94-15 and H94-16.
    (iii) For model years 1999 and later, a minimum of the percentage 
shown in table H94-14 of a manufacturer's sales of the applicable model 
year's heavy light-duty trucks shall not exceed the applicable Tier 1 
standards in tables H94-15 and H94-16.
    (2) Particulates. For in-use exhaust emissions for model year 1994 
and later, a minimum of the percentage shown in table H94-17 of a 
manufacturer's sales of the applicable model year's heavy light-duty 
trucks shall not exceed the applicable Tier 1 standards in tables H94-18 
and H94-19. The remaining heavy light-duty trucks, if any, shall not 
exceed the applicable Tier 0 standards in tables H94-18 and H94-19.

  Table H94-14--Implementation Schedule for Heavy Light-Duty Trucks for
                             HCs, CO and NOX
------------------------------------------------------------------------
                                                  Tier 1I       Tier 1
                  Model year                     percentage   percentage
------------------------------------------------------------------------
1994..........................................           0%           0%
1995..........................................           0%           0%
1996..........................................          50%           0%
1997..........................................         100%           0%
1998..........................................          50%          50%

[[Page 58]]

 
after 1998....................................           0%         100%
------------------------------------------------------------------------


                       Table H94-15--Intermediate Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             ALVW
                    Fuel                      LVW (lbs)     (lbs)            Standards             THC        NMHC       THCE      NMHCE      CO    NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................       0-3750  .........  Tier 0...................       0.80  .........  .........  .........     10    1.2
Gasoline...................................    .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
Gasoline...................................  ...........  3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5   0.88
Gasoline...................................  ...........  3751-5750  Tier 1...................       0.80       0.32  .........  .........    4.4    0.7
Gasoline...................................  ...........  I..................       0.80       0.49  .........  .........    6.2   1.38
                                                              q5750
Gasoline...................................  ...........    .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
Diesel.....................................       0-3750  3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5    1.2
Diesel.....................................    3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5    1.7
                                                    3750
Diesel.....................................  ...........  3751-5750  Tier 1...................       0.80       0.32  .........  .........    4.4   0.98
Diesel.....................................       0-3750  I..................       0.80       0.49  .........  .........    6.2    1.2
                                                              q5750
Diesel.....................................    I..................       0.80       0.49  .........  .........    6.2    1.7
                                                    3750      q5750
Diesel.....................................  ...........    .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
Methanol...................................  ...........  3751-5750  Tier 1I..................  .........  .........       0.80       0.40    5.5   0.88
Methanol...................................  ...........  3751-5750  Tier 1...................  .........  .........       0.80       0.32    4.4    0.7
Methanol...................................  ...........  I..................  .........  .........       0.80       0.49    6.2   1.38
                                                              q5750
Methanol...................................  ...........    .........  Tier 0...................  .........       0.67  .........  .........     10    1.7
                                                    3750
Natural Gas................................  ...........  3751-5750  Tier 1I..................  .........       0.40  .........  .........    5.5   0.88
Natural Gas................................  ...........  3751-5750  Tier 1...................  .........       0.32  .........  .........    4.4    0.7
Natural Gas................................  ...........  I..................  .........       0.49  .........  .........    6.2   1.38
                                                              q5750
Natural Gas................................  ...........    .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
LPG........................................  ...........  3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5   0.88
LPG........................................  ...........  3751-5750  Tier 1...................       0.80       0.32  .........  .........    4.4    0.7
LPG........................................  ...........  I..................       0.80       0.49  .........  .........    6.2   1.38
                                                              q5750
LPG........................................  ...........  X
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            ALVW
                   Fuel                      LVW (lbs)     (lbs)            Standards          THC \2\    NMHC \1\   THCE \2\  NMHCE \1\  CO \1\  NOX\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline..................................       0-3750  .........  Tier 0..................       0.80  .........  .........  .........      10     1.2
Gasoline..................................    .........  Tier 0..................       0.80  .........  .........  .........      10     1.7
                                                   3750
Gasoline..................................  ...........  3751-5750  Tier 1..................       0.80       0.46  .........  .........     6.4    0.98
Gasoline..................................  ...........    .........  Tier 0..................       0.80  .........  .........  .........      10     1.7
                                                   3750
Diesel....................................  ...........  3751-5750  Tier 1..................       0.80       0.46  .........  .........     6.4    0.98

[[Page 59]]

 
Diesel....................................  ...........    .........  Tier 0..................  .........  .........       0.80  .........      10     1.7
                                                   3750
Methanol..................................  ...........  3751-5750  Tier 1..................  .........  .........       0.80       0.46     6.4    0.98
Methanol..................................  ...........    .........  Tier 0..................  .........       0.67  .........  .........      10     1.7
                                                   3750
Natural Gas...............................  ...........  3751-5750  Tier 1..................  .........       0.46  .........  .........     6.4    0.98
Natural Gas...............................  ...........    .........  Tier 0..................       0.80  .........  .........  .........      10     1.7
                                                   3750
LPG.......................................  ...........  3751-5750  Tier 1..................       0.80       0.46  .........  .........     6.4    0.98
LPG.......................................  ...........    ...........  Tier 0.......................  .........
                                                     3750
Gasoline....................................  ...........    3751-5750  Tier 1.......................       0.10
Gasoline....................................  ...........    Tier 1.......................       0.12
                                                                  5750
Diesel......................................       0-3750  ...........  Tier 0.......................       0.26
Diesel......................................    ...........  Tier 0.......................       0.13
                                                     3750
Diesel......................................  ...........    3751-5750  Tier 1.......................       0.10
Diesel......................................  ...........    Tier 1.......................       0.12
                                                                  5750
Methanol....................................       0-3750  ...........  Tier 0.......................  .........
Methanol....................................    ...........  Tier 0.......................  .........
                                                     3750
Methanol....................................  ...........    3751-5750  Tier 1.......................       0.10
Methanol....................................  ...........    Tier 1.......................       0.12
                                                                  5750
Natural Gas.................................       0-3750  ...........  Tier 0.......................   \2\ 0.26
Natural Gas.................................    ...........  Tier 0.......................   \2\ 0.13
                                                     3750
Natural Gas.................................  ...........    3751-5750  Tier 1.......................       0.10
Natural Gas.................................  ...........    Tier 1.......................       0.12
                                                                  5750
LPG.........................................       0-3750  ...........  Tier 0.......................   \2\ 0.26
LPG.........................................    ...........  Tier 0.......................   \2\ 0.13
                                                     3750
LPG.........................................  ...........    3751-5750  Tier 1.......................       0.10
LPG.........................................  ...........    Tier 1.......................       0.12
                                                                  5750
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
\2\ Applicable only to diesel-cycle vehicles.


             Table H94-19--Full Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks for PM
----------------------------------------------------------------------------------------------------------------
                    Fuel                       LVW (lbs)    ALVW (lbs)            Standards                PM
----------------------------------------------------------------------------------------------------------------
Gasoline....................................       0-3750  ...........  Tier 0.......................  .........
Gasoline....................................    ...........  Tier 0.......................  .........
                                                     3750
Gasoline....................................  ...........    3751-5750  Tier 1.......................       0.10
Gasoline....................................  ...........    Tier 1.......................       0.12
                                                                  5750
Diesel......................................       0-3750  ...........  Tier 0.......................       0.26
Diesel......................................    ...........  Tier 0.......................       0.13
                                                     3750

[[Page 60]]

 
Diesel......................................  ...........    3751-5750  Tier 1.......................       0.10
Diesel......................................  ...........    Tier 1.......................       0.12
                                                                  5750
Methanol....................................       0-3750  ...........  Tier 0.......................  .........
Methanol....................................    ...........  Tier 0.......................  .........
                                                     3750
Methanol....................................  ...........    3751-5750  Tier 1.......................       0.10
Methanol....................................  ...........    Tier 1.......................       0.12
                                                                  5750
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs, except that no enforcement
  testing will be done beyond 7 years or 90,000 miles, whichever first occurs.

    (B)(1)(i) Sales percentages for the purposes of determining 
compliance with paragraph (a)(1)(ii)(A) of this section shall be based 
on total actual U.S. sales of light-duty vehicles of the applicable 
model year by a manufacturer to a dealer, distributor, fleet operator, 
broker, or any other entity which comprises the point of first sale.
    (ii) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sales to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of tables H94-14 and H94-17 of this section. Such 
petition shall be submitted within 30 days of the end of the model year 
to the Manufacturers Operations Division. For the petition to be 
granted, the manufacturer must establish to the satisfaction of the 
Administrator that actual production volume is functionally equivalent 
to actual sales volume.
    (iii) The vehicles that are counted toward the implementation 
schedule sales percentage, or toward the total on which such percentage 
is based, for certification purposes as prescribed by Sec. 86.094-
9(a)(1)(ii)(B)(1)(iii) of subpart A of this part, shall be the same 
vehicles that are counted toward the implementation schedule sales 
percentage, or the total on which it is based, for in-use purposes.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14(b) (1) 
and (2), are exempt from the implementation schedules of tables H94-14 
of this section for model years 1996 through 1998 and from the 
implementation schedules of table H94-17 of this section for model year 
1996. For small volume manufacturers, Tier 0 standards of tables H94-15 
and H94-16 continue to apply until model year 1999 and the Tier 0 
standards of tables H94-18 and H94-19 continue to apply until model year 
1997, when one hundred percent compliance with the Tier 1 standards of 
such tables is required. This exemption does not apply to small volume 
engine families as defined in Sec. 86.092-14(b)(5).
    (2)(i) For 1996 and 1997 model year heavy light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting Tier 1 standards for HCs, CO, and 
NOX, for purposes of certification, shall be the same engine 
families which comprise the required implementation schedule percentage 
of sales meeting the interim in-use standards (labeled ``Tier 
1I'' in the tables of in-use standards) for in-use purposes.
    (ii) For 1998 model year heavy light-duty trucks the engine families 
which comprise the required implementation schedule percentage of sales 
meeting interim in-use standards (labeled ``Tier 1I'' in the 
tables of in-use standards) and final in-use standards (labeled ``Tier 
1'' in the tables of in-use standards) for HCs, CO, and NOX, 
for in-use purposes, shall be designated by the manufacturer at the time 
of certification.
    (iii) For 1996 model year heavy light-duty trucks, the engine 
families which comprise the required implementation schedule percentage 
of sales meeting Tier 1 standards, for PM, for purposes of 
certification, shall be the same engine families which comprise the 
required implementation schedule percentage of sales meeting the final 
in-use standards (labeled ``Tier 1'' in the tables of in-use standards) 
for PM for in-use purposes.

[[Page 61]]

    (3) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which families will be used to attain the required 
implementation schedule sales percentages.
    (4) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use full useful life standards. The same families which are used to 
meet the intermediate useful life standards will be required without 
deviation to meet the corresponding full useful life standards.
    (iii) Exhaust emissions of carbon monoxide from 1994 and later model 
year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow 
at curb idle at a useful life of 11 years or 120,000 miles, whichever 
first occurs (for Otto-cycle and methanol-fueled diesel-cycle light-duty 
trucks only).
    (iv)(A) Engine families participating in the applicable 
NOX averaging program as specified in Sec. 86.094-
9(a)(1)(iv)(A) shall be subject, for purposes of in-use compliance, to 
the NOX family emission limit determined for that engine 
family for certification purposes, in lieu of the appropriate 
NOX standard shown in the tables of in-use standards in this 
section.
    (B) Engine families participating in the applicable particulate 
averaging program as specified in Sec. 86.094-9(a)(1)(iv)(B) shall be 
subject, for purposes of in-use compliance, to the particulate family 
emission limit determined for that engine family for certification 
purposes, in lieu of the appropriate particulate standard shown in the 
tables of in-use standards in this section.
    (v) CST emissions from model year 1996 and later gasoline-fueled 
Otto-cycle light-duty trucks measured and calculated in accordance with 
subpart O of this part may not exceed the standards listed in paragraphs 
(a)(1)(v) (A) and (B) of this section.
    (A) Hydrocarbons: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) 
of this section refer to the exhaust emitted over a driving schedule as 
set forth in subpart B of this part and measured and calculated in 
accordance with those procedures. The test weight basis for light light-
duty trucks, and for heavy light-duty trucks certified to the Tier 0 
standards of this section, for the purposes of determining equivalent 
test weight as prescribed in Sec. 86.129-94, shall be loaded vehicle 
weight. The test weight basis for heavy light-duty trucks certified to 
the Tier 1 or Tier 1I standards of this section, for the 
purposes of determining equivalent test weight as prescribed in 
Sec. 86.129-94, shall be adjusted loaded vehicle weight. The standard 
set forth in paragraph (a)(1)(iii) of this section refers to the exhaust 
emitted at curb idle and measured and calculated in accordance with the 
procedures set forth in subpart P of this part.
    (3) The standards set forth in paragraph (a)(1)(v) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) The provision of Sec. 86.090-8(b) through (k) of subpart A of 
this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58 
FR 33211, June 16, 1993; 58 FR 58424, Nov. 1, 1993; 59 FR 48516, Sept. 
21, 1994]



Sec. 86.709-99  In-use emission standards for 1999 and later model year light-duty trucks.

    Section 86.709-99 includes text that specifies requirements that 
differ from Sec. 86.091-9 of subpart A of this part. Where a paragraph 
in Sec. 86.091-9 is identical and applicable to Sec. 86.709-99, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.091-9.'' Where a corresponding 
paragraph of Sec. 86.091-9 is not applicable, this is indicated by the 
statement ``[Reserved].''
    (a)(1)(i)(A) Light light-duty trucks. In-use exhaust emissions from 
1999 and later model year light light-duty trucks shall meet all 
standards in tables H99-1 and H99-2 in the rows designated with the 
applicable fuel type and loaded vehicle weight.

[[Page 62]]



                                 Table H99-1--Intermediate Useful Life \1\ Standards (g/mi) for Light Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Fuel                                LVW (lbs)      THC        NMHC       THCE      NMHCE        CO         NOX         PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline....................................................       0-3750   .........       0.25  .........  .........        3.4        0.4        0.08
Gasoline....................................................    3751-5750   .........       0.32  .........  .........        4.4        0.7        0.08
Diesel......................................................       0-3750   .........       0.25  .........  .........        3.4        1.0        0.08
Diesel......................................................    3751-5750   .........       0.32  .........  .........        4.4        0.97       0.08
Methanol....................................................       0-3750   .........  .........  .........       0.25        3.4        0.4        0.08
Methanol....................................................    3751-5750   .........  .........  .........       0.32        4.4        0.7        0.08
Natural Gas.................................................       0-3750   .........       0.25  .........  .........        3.4        0.4        0.08
Natural Gas.................................................    3751-5750   .........       0.32  .........  .........        4.4        0.7        0.08
LPG.........................................................       0-3750   .........       0.25  .........  .........        3.4        0.4        0.08
LPG.........................................................    3751-5750   .........       0.32  .........  .........        4.4        0.7        0.08
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


                                       Table H99-2--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Fuel                                LVW (lbs)    THC \2\    NMHC \1\   THCE \2\  NMHCE \1\    CO \1\     NOX\1\      PM \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline....................................................       0-3750        0.80       0.31  .........  .........        4.2        0.6        0.10
Gasoline....................................................    3751-5750        0.80       0.40  .........  .........        5.5        0.97       0.10
Diesel......................................................       0-3750        0.80       0.31  .........  .........        4.2        1.25       0.10
Diesel......................................................    3751-5750        0.80       0.40  .........  .........        5.5        0.97       0.10
Methanol....................................................       0-3750   .........  .........       0.80       0.31        4.2        0.6        0.10
Methanol....................................................    3751-5750   .........  .........       0.80       0.40        5.5        0.97       0.10
Natural Gas.................................................       0-3750   .........       0.31  .........  .........        4.2        0.6        0.10
Natural Gas.................................................    3751-5750   .........       0.40  .........  .........        5.5        0.97       0.10
LPG.........................................................       0-3750        0.80       0.31  .........  .........        4.2        0.6        0.10
LPG.........................................................    3751-5750        0.80       0.40  .........  .........        5.5        0.97       0.10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 yeras or 100,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or
  75,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.

    (B)(1) Vehicles subject to the standards of paragraph (a)(1)(i)(A) 
of this section shall be all actual U.S. sales of light light-duty 
trucks of the applicable model year by a manufacturer.
    (2) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use full useful life standards. The same families which are used to 
meet the intermediate useful life standards will be required without 
deviation to meet the corresponding full useful life standards.
    (ii)(A) Heavy light-duty trucks. In-use exhaust emissions from 1999 
and later model year heavy light-duty trucks shall meet all standards in 
tables H99-3 and H99-4 in the rows designated with the applicable fuel 
type and adjusted loaded vehicle weight.

                                 Table H99-3--Intermediate Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Fuel                                ALVW (lbs)     THC        NMHC       THCE      NMHCE        CO        NOX         PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline......................................................    3751-5750       0.80       0.32  .........  .........        4.4        0.7       0.10
Gasoline......................................................         0.80       0.39  .........  .........        5.0        1.1       0.12
                                                                       5750
Diesel........................................................    3751-5750       0.80       0.32  .........  .........        4.4       0.98       0.10
Diesel........................................................         0.80       0.39  .........  .........        5.0       1.53       0.12
                                                                       5750
Methanol......................................................    3751-5750  .........  .........       0.80       0.32        4.4        0.7       0.10
Methanol......................................................    .........  .........       0.80       0.39        5.0        1.1       0.12
                                                                       5750
Natural Gas...................................................    3751-5750  .........       0.32  .........  .........        4.4        0.7       0.10
Natural Gas...................................................    .........       0.39  .........  .........        5.0        1.1       0.12
                                                                       5750
LPG...........................................................    3751-5750       0.80       0.32  .........  .........        4.4        0.7       0.10
LPG...........................................................         0.80       0.39  .........  .........        5.0        1.1       0.12
                                                                       5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


                                     Table H99-4--Full Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Fuel                                ALVW (lbs)   THC \2\    NMHC \1\   THCE \2\  NMHCE \1\    CO \1\     NOX\1\     PM \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline......................................................    3751-5750       0.80       0.46  .........  .........        6.4       0.98       0.10
Gasoline......................................................         0.80       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
Diesel........................................................    3751-5750       0.80       0.46  .........  .........        6.4       0.98       0.10

[[Page 63]]

 
Diesel........................................................         0.80       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
Methanol......................................................    3751-5750  .........  .........       0.80       0.46        6.4       0.98       0.10
Methanol......................................................    .........  .........       0.80       0.56        7.3       1.53       0.12
                                                                       5750
Natural Gas...................................................    3751-5750  .........       0.46  .........  .........        6.4       0.98       0.10
Natural Gas...................................................    .........       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
LPG...........................................................    3751-5750       0.80       0.46  .........  .........        6.4       0.98       0.10
LPG...........................................................         0.80       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or
  90,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.

    (B)(1) Vehicles subject to the standards of paragraph (a)(1)(ii)(A) 
of this section shall be all actual U.S. sales of heavy light-duty 
trucks of the applicable model year by a manufacturer.
    (2) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use full useful life standards. The same families which are used to 
meet the intermediate useful life standards will be required without 
deviation to meet the corresponding full useful life standards.
    (iii) Exhaust emissions of carbon monoxide from 1999 and later model 
year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow 
at curb idle at a useful life of 11 years or 120,000 miles, whichever 
first occurs (for Otto-cycle and methanol-fueled diesel-cycle light-duty 
trucks only)
    (iv) CST emissions from gasoline-fueled Otto-cycle light-duty trucks 
measured and calculated in accordance with subpart O of this part may 
not exceed the standards listed in paragraphs (a)(1)(iv) (A) and (B) of 
this section.
    (A) Hydrocarbons: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) 
of this section refer to the exhaust emitted over a driving schedule as 
set forth in subpart B of this part and measured and calculated in 
accordance with those procedures. The test weight basis for light light-
duty trucks, for the purposes of determining equivalent test weight as 
prescribed in Sec. 86.129-94, shall be loaded vehicle weight. The test 
weight basis for heavy light-duty trucks, for the purposes of 
determining equivalent test weight as prescribed in Sec. 86.129-94, 
shall be adjusted loaded vehicle weight. The standard set forth in 
paragraph (a)(1)(iii) of this section refers to the exhaust emitted at 
curb idle and measured and calculated in accordance with the procedures 
set forth in subpart P of this part.
    (3) The standards set forth in paragraph (a)(1)(iv) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) The provisions of Sec. 86.097-9(b), (c), and (g) through (k) of 
subpart A of this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58 
FR 58425, Nov. 1, 1993; 59 FR 48520, Sept. 21, 1994]



Subpart I--Emission Regulations for New Diesel Heavy-Duty Engines; Smoke 
                         Exhaust Test Procedure

    Authority: Secs. 202, 206, 207, 208, 301(a), Clean Air Act; as 
amended 42 U.S.C. 7521, 7524, 7541, 7542, and 7601.

    Source: 48 FR 52203, Nov. 16, 1983, unless otherwise noted.



Sec. 86.884-1  General applicability.

    The provisions of this subpart are applicable to new petroleum-
fueled diesel heavy-duty engines beginning with the 1984 model year, 
methanol-fueled diesel heavy-duty engines beginning with the 1990 model 
year and natural gas-fueled and liquefied petroleum gas-fueled diesel 
heavy-duty engines beginning with the 1997 model year. The provisions of 
this subpart are optional prior to the 1997 model year for natural gas-
fueled

[[Page 64]]

and liquefied petroleum gas-fueled diesel heavy-duty engines.

[59 FR 48521, Sept. 21, 1994]



Sec. 86.884-2  Definitions.

    The definitions in Sec. 86.084-2 apply to this subpart.



Sec. 86.884-3  Abbreviations.

    The abbreviations in Sec. 86.078-3 apply to this subpart.



Sec. 86.884-4  Section numbering.

    The section numbering system set forth in Sec. 86.084-4 applies to 
this subpart.

[48 FR 52203, Nov. 16, 1983, as amended at 59 FR 48521, Sept. 21, 1994]



Sec. 86.884-5  Test procedures.

    The procedures described in this and subsequent sections will be the 
test program to determine the conformity of engines with the standards 
set forth in Sec. 86.084-11(b).
    (a) The test consists of a prescribed sequence of engine operating 
conditions on an engine dynamometer with continuous examination of the 
exhaust gases. The test is applicable equally to controlled engines 
equipped with means for preventing, controlling, or eliminating smoke 
emissions and to uncontrolled engines.
    (b) The test is designed to determine the opacity of smoke in 
exhaust emissions during those engine operating conditions which tend to 
promote smoke from diesel vehicles.
    (c) The test procedure begins with a preconditioned engine which is 
then run through preloading and preconditioning operations. After an 
idling period, the engine is operated through acceleration and lugging 
modes during which smoke emission measurements are made to compare with 
the standards. The engine is then returned to the idle condition and the 
acceleration and lugging modes are repeated. Three consecutive sequences 
of acceleration and lugging constitutes the full set of operating 
conditions for smoke emission measurement.
    (d)(1) Except in cases of component mulfunction or failure, all 
emission control systems installed on, or incorporated in, a new motor 
vehicle engine shall be functioning during all procedures in this 
subpart.
    (2) Maintenance to correct component malfunction or failure shall be 
authorized in accordance with Sec. 86.084-25.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48140, Dec. 10, 1984; 
54 FR 14559, Apr. 11, 1989]



Sec. 86.884-6  Fuel specifications.

    The requirements of this section are set forth in Sec. 86.1313.

[54 FR 14559, Apr. 11, 1989]



Sec. 86.884-7  Dynamometer operation cycle for smoke emission tests.

    (a) The following sequence of operations shall be performed during 
engine dynamometer testing of smoke emissions, starting with the 
dynamometer preloading determined and the engine preconditioned 
(Sec. 86.884-12(c)).
    (1) Idle Mode. The engine is caused to idle for 5.0 to 5.5 minutes 
at the manufacturer's recommended curb idle speed. The dynamometer 
controls shall be set to provide the speed and load necessary to comply 
with the heavy-duty ``curb idle'' definition per Sec. 86.084-2, in 
accordance with predominant engine application.
    (2) Acceleration mode. (i) The engine speed shall be increased to 
200 [plusmn]50 rpm above the measured free idle speed measured at the 
point where the throttle begins to move from part-throttle to the full 
throttle position. The speed anywhere during this mode should not exceed 
this checkpoint speed by more than 50 rpm. The duration of this first 
acceleration shall be three seconds or less measured from the point 
where the speed first begins to increase above idle to the point where 
the throttle reaches full open position.
    (ii) Immediately upon completion of the mode specified in paragraph 
(a)(2)(i) of this section, the throttle shall be moved rapidly to, and 
held in, the fully open position. The inertia of the engine and the 
dynamometer, or alternately a preselected dynamometer load, shall be 
used to control the acceleration of the engine so that the speed 
increases to 85 percent of the rated speed in 5 [plusmn]1.5 
seconds. This acceleration shall be linear within 100 rpm as specified 
in Sec. 86.884-13(c).

[[Page 65]]

    (iii) After the engine reaches the speed required in paragraph 
(a)(2)(ii) of this section the throttle shall be moved rapidly to, and 
held in, the fully closed position. Immediately after the throttle is 
closed, the preselected load required to perform the acceleration in 
paragraph (a)(2)(iv) of this section shall be applied. For electric 
motoring dynamometer operation in speed mode, the deceleration shall be 
performed in 2[plusmn]1.5 seconds.
    (iv) When the engine decelerates to the intermediate speed (within 
50 rpm), the throttle shall be moved rapidly to, and held in, the fully 
open position. The preselected dynamometer load which was applied during 
the preceding transition period shall be used to control the 
acceleration of the engine so that the speed increases to at least 95 
percent of the rated speed in 10 [plusmn]2 seconds.
    (v) For electric dynamometer operation in speed mode, motoring 
assist may be used to offset excessive dynamometer inertia load when 
necessary. No negative flywheel torque shall occur during any of the 
three acceleration modes in paragraph (a)(2) of this section except for 
a maximum of 10ft-lbs. for the first 0.5 second of the mode.
    (3) Lugging mode. (i) Immediately upon the completion of the 
preceding acceleration mode, the dynamometer controls shall be adjusted 
to permit the engine to develop maximum horsepower at rated speed. This 
transition period shall be 50 to 60 seconds in duration. During the last 
10 seconds of this period, the average engine speed shall be maintained 
within 50 rpm of the rated speed, and the average observed power 
(corrected, if necessary, to rating conditions) shall be no less than 95 
percent of the maximum horsepower developed during the preconditioning 
prior to the smoke cycle.
    (ii) With the throttle remaining in the fully open position, the 
dynamometer controls shall be adjusted gradually so that the engine 
speed is reduced to the intermediate speed. This lugging operation shall 
be performed smoothly over a period of 35#5 seconds. The rate of slowing 
of the engine shall be linear, within 100 rpm, as specified in 
Sec. 86.884-13(c).
    (4) Engine unloading. Within five seconds of completing the 
preceding lugging mode, the dynamometer and engine controls shall be 
returned to the idle position described in paragraph (a)(1) of this 
section. The engine must be at free idle condition within one minute 
after completion of the lugging mode.
    (b) The procedures described in paragraphs (a)(1) through (a)(4) of 
this section shall be repeated until three consecutive valid cycles have 
been completed. If three valid cycles have not been completed after a 
total of six consecutive cycles have been run, the engine shall be 
preconditioned by operation at maximum horsepower at rated speed for 10 
minutes before the test sequence is repeated.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
52 FR 47870, Dec. 16, 1987; 62 FR 47122, Sept. 5, 1997]



Sec. 86.884-8  Dynamometer and engine equipment.

    The following equipment shall be used for smoke emission testing of 
engines on engine dynamometers:
    (a) An engine dynamometer with adequate characteristics to perform 
the test cycle described in Sec. 86.884-7.
    (b) An engine cooling system having sufficient capacity to maintain 
the engine at normal operating temperatures during conduct of the 
prescribed engine tests.
    (c) An exhaust system with an appropriate type of smokemeter placed 
10 to 32 feet from the exhaust manifold(s), turbocharger outlet(s), 
exhaust aftertreatment device(s), or crossover junction (on Vee 
engines), whichever is farthest downstream. The smoke exhaust system can 
share the same hardware required in part 86, subpart N, Sec. 86.1327-
84(f)(2), insofar as that hardware also meets the following smoke test 
requirements. The smoke exhaust system shall present an exhaust 
backpressure within +0.2 inch Hg of the upper limit at maximum rated 
horsepower, as established by the engine manufacturer in his sales and 
service literature for vehicle application. The following options may 
also be used:
    (1) For engines with multiple exhaust outlets, join the exhaust 
outlets together into a single exhaust system

[[Page 66]]

and install the smokemeter 10 to 32 feet downstream from the junction of 
the individual exhaust outlets, or exhaust aftertreatment device(s), 
whichever is farthest downstream.
    (2) For engines with multiple exhaust outlets, install a smokemeter 
in each of the exhaust pipes 10 to 32 feet downstream from each exhaust 
manifold, turbocharger outlet, or exhaust aftertreatment device, 
whichever is farthest downstream.
    (3) For engines with multiple exhaust outlets, install a smokemeter 
on the exhaust pipe which produces the highest smoke levels 10 to 32 
feet downstream from the exhaust manifold, turbocharger outlet, or 
exhaust aftertreatment device, whichever is farthest downstream. It may 
be required to make smoke measurements from other exhaust outlets if 
deemed appropriate by the Administrator.
    (4) When utilizing an end-of-line smokemeter, the terminal two feet 
of the exhaust pipe used for smoke measurement shall be of a circular 
cross section and be free of elbows and bends. The end of the pipe shall 
be cut off squarely. The terminal two feet of the exhaust pipe shall 
have a nominal inside diameter in accordance with the engine being 
tested, as specified below:

------------------------------------------------------------------------
                                                               Exhaust
                                                                 pipe
                  Maximum rated horsepower                     diameter
                                                               (inches)
------------------------------------------------------------------------
HP<50......................................................          1.5
50[le]HP<100...............................................          2.0
100[le]HP<200..............................................          3.0
200[le]HP<300..............................................          4.0
300[le]HP<500..............................................          5.0
HP[ge]500..................................................          6.0
------------------------------------------------------------------------

    (5) When utilizing an in-line smokemeter, there shall be no change 
in the exhaust pipe diameter within 3 exhaust pipe diameters before or 
after the centerline of the smokemeter optics. Within 6 exhaust pipe 
diameters upstream of the centerline of the smokemeter optics, no change 
in exhaust pipe diameter may exceed a 12 degree half-angle.
    (d) An engine air inlet system presenting an air inlet restriction 
within one inch of water of the upper limit for the engine operating 
condition which results in maximum air flow, as established by the 
engine manufacturer in his sales and service literature, for the engine 
being tested.

[48 FR 52203, Nov. 16, 1983, as amended at 62 FR 47122, Sept. 5, 1997; 
63 FR 63967, Nov. 17, 1998]



Sec. 86.884-9  Smoke measurement system.

    (a) Schematic drawing. The Figure I84-1 is a schematic drawing of 
the optical system of the light extinction meter.
[GRAPHIC] [TIFF OMITTED] TR06OC93.182

    (b) Equipment. The following equipment shall be used in the system.
    (1) Adapter--the smokemeter optical unit may be mounted on a fixed 
or

[[Page 67]]

movable frame. The normal unrestricted shape of the exhaust plume shall 
not be modified by the adaptor, the meter, or any ventilatory system 
used to remove the exhaust from the test site.
    (2) Smokemeter (light extinction meter)--continuous recording, full-
flow light obscuration meter.
    (i) It is positioned so that a built-in light beam traverses the 
exhaust smoke plume at right angles to the axis of the exhaust stream.
    (ii) The smokemeter light source shall be an incandescent lamp with 
a color temperature range of 2800K to 3250K, or a light source with a 
spectral peak between 550 to 570 nanometers.
    (iii) The light output is collimated to a beam with a maximum 
diameter of 1.125 inches and an included angle of divergence within a 
6[deg] included angle.
    (iv) The light detector shall be a photocell or photodiode. If the 
light source is an incandescent lamp, the detector shall have a spectral 
response similar to the photopic curve of the human eye (a maximum 
response in the range of 550 to 570 nanometers, to less than 4 percent 
of that maximum response below 430 nanometers and above 680 nanometers).
    (v) A collimating tube with apertures equal to the beam diameter is 
attached to the detector to restrict the viewing angle of the detector 
to within a 16[deg] included angle.
    (vi) An amplified signal corresponding to the amount of light 
blocked is recorded continuously on a remote recorder.
    (vii) An air curtain across the light source and detector window 
assemblies may be used to minimize deposition of smoke particles on 
those surfaces provided that it does not measurably affect the opacity 
of the plume.
    (viii) The smokemeter consists of two units; an optical unit and a 
remote control unit.
    (ix) Light extinction meters employing substantially identical 
measurement principles and producing substantially equivalent results, 
but which employ other electronic and optical techniques, may be used 
only after having been approved in advance by the Administrator.
    (3) Recorder--a continuous recorder, with variable chart speed over 
a minimal range of 0.5 to 8.0 inches per minute (or equivalent) and an 
automatic marker indicating 1-second intervals continuously records the 
exhaust gas opacity, engine rpm and throttle position.
    (i) The recorder is equipped to indicate only when the throttle is 
in the fully open or fully closed position.
    (ii) The recorder scale for opacity is linear and calibrated to read 
from 0 to 100 percent opacity full scale.
    (iii) The opacity trace has a resolution within one percent opacity.
    (iv) The recorder scale for engine rpm is linear and has a 
resolution of 30 rpm.
    (v) The throttle position trace clearly indicates when the throttle 
is in the fully open and fully closed positions.
    (vi) Any means other than a strip-chart recorder may be used 
provided it produces a permanent visual data record of quality equal to 
or better than that described above (e.g., tabulated data, traces, or 
plots).
    (4) The recorder used with the smokemeter shall be capable of full-
scale deflection in 0.5 second or less. The smokemeter-recorder 
combination may be damped so that signals with a frequency higher than 
10 cycles per second are attenuated. A separate lowpass electronic 
filter with the following performance characteristics may be installed 
between the smokemeter and the recorder to achieve the high-frequency 
attenuation:
    (i) Three decibel point--10 cycles per second.
    (ii) Insertion loss--zero [plusmn]0.5 decibel.
    (iii) Selectivity--12 decibels per octave above 10 cycles per 
second.
    (iv) Attenuation--27 decibels down at 40 cycles per second minimum.
    (5) In lieu of the use of chart recorders, automatic data collection 
equipment may be used to record all required data. Automatic data 
processing equipment may then be used to perform the data analysis 
specified in Sec. 86.884-13. The automatic data collection equipment 
must be capable of sampling at least two records per second.
    (c) Assembling equipment. (1) The optical unit of the smokemeter 
shall be mounted radially to the exhaust pipe

[[Page 68]]

so that the measurement will be made at right angles to the axis of the 
exhaust plume. For an end-of-line smokemeter the distance from the 
optical centerline to the exhaust pipe outlet shall be 1 [plusmn]0.25 
inch. The full flow of the exhaust stream shall be centered between the 
source and the detector apertures (or windows and lenses) and on the 
axis of the light beam.
    (2) Power shall be supplied to the control unit of the smokemeter in 
time to allow at least 15 minutes for stabilization prior to testing.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
62 FR 47122, Sept. 5, 1997]



Sec. 86.884-10  Information.

    The following information, as applicable, shall be recorded for each 
test:
    (a) Engine description and specifications. A copy of the information 
specified in this paragraph must accompany each engine sent to the 
Administrator for compliance testing. If the engine is submitted to the 
Administrator for testing under subpart N, only the information 
specified in Sec. 86.1344-84 need accompany the engine. The manufacturer 
need not record the information specified in this paragraph for each 
test if the information, with exception of paragraphs (a)(3), (a)(12), 
and (a)(13) of this section, is included in the manufacturer's part I.
    (1) Engine-system combination.
    (2) Engine identification numbers.
    (3) Number of hours of operation accumulated on engine.
    (4) Rated maximum horsepower and torque.
    (5) Maximum horsepower and torque speeds.
    (6) Engine displacement.
    (7) Governed speed.
    (8) Idle rpm.
    (9) Fuel consumption at maximum power and torque.
    (10) Maximum air flow.
    (11) Maximum and test air inlet restriction.
    (12) Exhaust pipe diameter(s).
    (13) Maximum exhaust system backpressure.
    (b) Test data; general. This information may be recorded at any time 
between four hours prior to the test and four hours after the test.
    (1) Engine-system combination.
    (2) Engine identification numbers.
    (3) Instrument operator.
    (4) Engine operator.
    (5) Number of hours of operation accumulated on the engine prior to 
beginning the warm-up portion of the test.
    (6) Calibration date(s) of neutral density filters used to calibrate 
the smokemeter.
    (c) Test data; pre-test.
    (1) Date and time of day.
    (2) Test number.
    (3) Barometric pressure.
    (4) [Reserved]
    (5) Intake air humidity and temperature:
    (i) Humidity-conditioned air supply. Air that has had its absolute 
humidity altered is considered humidity-conditioned air. For this type 
of intake air supply, the humidity measurement must be made within the 
intake air supply system, and after the humidity conditioning has taken 
place.
    (ii) Non-conditioned air supply. Humidity measurements in non-
conditioned intake air supply systems must be made in the intake air 
stream entering the supply system and within 18 inches of the inlet for 
supply system. Alternatively, the humidity measurements can be measured 
within the intake air supply stream.
    (iii) Engine intake air temperature measurement must be made within 
48 inches of the engine. The measurement location must be made either in 
the supply system or in the air stream entering the supply system.
    (d) Test data; modal. (1) Observed engine torque and speed during 
the steady-state test conditions specified in Sec. 86.884-7(a)(3)(i).
    (2) On the recorder or automatic data collection equipment: Identify 
zero traces--calibration traces--idle traces (or printout of the zero 
and calibration values)--closed-throttle trace-open throttle trace--
acceleration and lugdown test traces--start and finish of each test.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
62 FR 47123, Sept. 5, 1997]

[[Page 69]]



Sec. 86.884-11  Instrument checks.

    (a) The smokemeter shall be checked according to the following 
procedure prior to each test:
    (1) [Reserved]
    (2) The zero control shall be adjusted under conditions of ``no 
smoke'' to give a recorder or data collection equipment response of 
zero;
    (3) Calibrated neutral density filters having approximately 10, 20, 
and 40 percent opacity shall be employed to check the linearity of the 
instrument. The filter(s) shall be inserted in the light path 
perpendicular to the axis of the beam and adjacent to the opening from 
which the beam of light from the light source emanates, and the recorder 
response shall be noted. Filters with exposed filtering media should be 
checked for opacity every six months; all other filters shall be checked 
every year, using NBS or equivalent reference filters. Deviations in 
excess of 1 percent of the nominal opacity shall be corrected.
    (b) The instruments for measuring and recording engine rpm, engine 
torque, air inlet restrictions, exhaust system backpressure, throttle 
position, etc., which are used in the test prescribed herein, shall be 
calibrated in accordance with good engineering practice.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984]



Sec. 86.884-12  Test run.

    (a) The temperature of the air supplied to the engine shall be 
between 68 [deg]F and 86 [deg]F. The engine fuel inlet temperature shall 
be 100 [deg]F [plusmn]10 [deg]F and shall be measured at a point 
specified by the manufacturer. The observed barometric pressure shall be 
between 28.5 inches and 31 inches Hg. Higher air temperature or lower 
barometric pressure may be used, if desired, but no allowance will be 
made for possible increased smoke emissions because of such conditions.
    (b) The governor and fuel system shall have been adjusted to provide 
engine performance at the levels in the application for certification 
required under Sec. 86.084-21.
    (c) The following steps shall be taken for each test:
    (1) Start cooling system;
    (2) Warm up the engine by the procedure described in Sec. 86.1332-
84(d)(3) (i) through (v).
    (3) Determine by experimentation the dynamometer inertia and 
dynamometer load required to perform the acceleration in the dynamometer 
cycle for smoke emission tests (Sec. 86.884-7(a)(2)). In a manner 
appropriate for the dynamometer and controls being used, arrange to 
conduct the acceleration mode;
    (4) Install smokemeter optical unit and connect it to the recorder/
data collection system. Connect the engine rpm and throttle position 
sensing devices to the recorder/data collection system;
    (5) Turn on purge air to the optical unit of the smokemeter, if 
purge air is used;
    (6) Check and record zero and span settings of the smokemeter. (If a 
recorder is used, a chart speed of approximately one inch per minute 
shall be used.) The optical unit shall be retracted from its position 
about the exhaust stream if the engine is left running;
    (7) Precondition the engine by operating it for 10 minutes at 
maximum rated horsepower;
    (8) Proceed with the sequence of smoke emission measurements on the 
engine dynamometer as prescribed in Sec. 86.884-7;
    (9)(i) During the test sequence of Sec. 86.884-7, continuously 
record smoke measurements, engine rpm, and throttle position.
    (ii) If a chart recorder is used for data collection, it shall be 
run at a minimum chart speed of one inch per minute during the idle mode 
and transitional periods, and eight inches per minute during the 
acceleration and lugging modes.
    (iii) Automatic data collection equipment, if used, shall sample at 
least two records per second.
    (iv) The smoke meter zero and full scale response may be rechecked 
and reset during the idle mode of each test sequence.
    (v) If either zero or full-scale drift is in excess of 2 percent 
opacity, the smokemeter controls must be readjusted and the test must be 
repeated;

[[Page 70]]

    (10) Turn off engine;
    (11)(i) Check zero and reset if necessary.
    (ii) Check span response (linearity) of the smokemeter by inserting 
neutral density filters.
    (iii) If either zero drift or the linearity check is in excess of 
two percent opacity, the results shall be invalidated.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
52 FR 47870, Dec. 16, 1987]



Sec. 86.884-13  Data analysis.

    The following procedure shall be used to analyze the test data:
    (a) Locate the modes specified in Sec. 86.884-7(a)(1) through (a)(4) 
by applying the following starting and ending criteria:
    (1) The idle mode specified in Sec. 86.884-7(a)(1) starts when 
engine preconditioning or the lugging mode of a preceding cycle has been 
completed and ends when the engine speed is raised above the idle speed.
    (2) The acceleration mode specified in Sec. 86.884-7(a)(2)(i) starts 
when the preceding idle mode has been completed and ends when the 
throttle is in the fully open position, as indicated by the throttle 
position trace as specified in Sec. 86.884-7(a)(2)(ii).
    (3) The acceleration mode specified in Sec. 86.884-7(a)(2)(ii) 
starts when the preceding acceleration mode has been completed and ends 
when the engine speed reaches 85 percent of the rated speed.
    (4) The transition period specified in Sec. 86.884-7(a)(2)(iii) 
starts when the preceding acceleration mode has been completed and ends 
when the throttle is in the fully open position as indicated by the 
throttle position trace, as specified in Sec. 86.884-7(a)(2)(iv).
    (5) The acceleration mode specified in Sec. 86.884-7(a)(2)(iv) 
starts when the preceding transition period has been completed and ends 
when the engine speed reaches 95 percent of the rated speed.
    (6) The transition period specified in Sec. 86.884-7 (a)(3)(i) 
starts when the preceding acceleration mode has been completed and ends 
when the engine speed is 50 rpm below the rated speed and the provisions 
of Sec. 86.884-7 (a)(3)(i) are met.
    (7) The lugging mode specified in Sec. 86.884-7(a)(3)(ii) starts 
when the preceding transition period has been completed and ends when 
the engine speed is at the intermediate speed.
    (b) Determine if the test requirements of Sec. 86.884-7 are met by 
applying the following modal criteria:
    (1) Idle mode as specified in Sec. 86.884-7(a)(1):
    (i) Duration: 5 to 5.5 minutes.
    (ii) Speed: within specification during the last four minutes of the 
mode.
    (2) Acceleration mode as specified in Sec. 86.884-7(a)(2)(i).
    (i) Duration: three seconds or less.
    (ii) Speed increase: 200[plusmn]50 rpm.
    (3) Acceleration mode as specified in Sec. 86.884-7(a)(2)(ii);
    (i) Linearity: [plusmn]100 rpm as specified in paragraph (c) of this 
section.
    (ii) Duration: 3.5 to 6.5 seconds.
    (iii) Throttle position: fully open until speed is at least 85 
percent of the rated speed.
    (4) Transition period as specified in Sec. 86.884-7(a)(2)(iii):
    (i) Throttle position: moved rapidly to, and held in, the fully 
closed position.
    (5) Acceleration mode as specified in Sec. 86.884-7(a)(2)(iv):
    (i) Duration: 8 to 12 seconds.
    (ii) Throttle position: fully open when speed is at intermediate 
speed.
    (6) Transition period as specified in Sec. 86.884-7(a)(3)(i):
    (i) Duration: 50 to 60 seconds.
    (ii) Average speed during the last 10 seconds shall be within 
[plusmn]50 rpm of rated speed.
    (iii) Average observed power during the last 10 seconds shall be at 
least 95 percent of the horsepower developed during the preconditioning 
mode.
    (7) Lugging mode as specified in Sec. 86.884-7(a)(3)(ii):
    (i) Linearity: [plusmn]100 rpm as specified in paragraph 
(c) of this section.
    (ii) Duration: 30 to 40 seconds.
    (iii) Speed at end: intermediate speed.
    (c) Determine if the linearity requirements of Sec. 86.884-7 were 
met by means of the following procedure:
    (1) For the acceleration mode specified in Sec. 86.884-7(a)(2)(ii), 
note the maximum deflection of the rpm trace from a straight line drawn 
between the

[[Page 71]]

starting and ending points specified in paragraph (a)(3) of this 
section.
    (2) For the lugging mode specified in Sec. 86.884-7(a)(3)(ii), note 
the maximum deflection of the rpm trace from a straight line drawn from 
the starting and ending points specified in paragraph (a)(7) of this 
section.
    (3) The test results will be invalid if any deflection is greater 
than 100 rpm.
    (4) This linearity check may be performed by direct analysis of the 
recorder traces, or by computer analysis of data collected by automatic 
data collection equipment.
    (d) Analyze the smoke trace by means of the following procedure:
    (1) Starting at the beginning of the first acceleration, as defined 
in paragraph (a)(2) of this section, and stopping at the end of the 
second acceleration, as defined in paragraph (a)(3) of this section, 
divide the smoke trace into half-second intervals. Similarly, subdivide 
into half-second intervals the third acceleration mode and the lugging 
mode as defined by paragraphs (a) (5) and (7) respectively, of this 
section.
    (2) Determine the average smoke reading during each half-second 
interval.
    (3) Locate and record the 15 highest half-second readings during the 
acceleration mode of each dynamometer cycle.
    (4) Locate and record the five highest half-second readings during 
the lugging mode of each dynamometer cycle.
    (5) Examine the average half-second values which were determined in 
paragraphs (d)(3) and (d)(4) of this section and record the three 
highest values for each dynamometer cycle.
    (6) This smoke trace analysis may be performed by direct analysis of 
the recorder traces, or by computer analysis of data collected by 
automatic data collection equipment.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
62 FR 47123, Sept. 5, 1997]



Sec. 86.884-14  Calculations.

    (a) If the measured half-second opacity values were obtained with a 
smokemeter with an optical path length different than shown in the table 
in Sec. 86.884-8(c), then convert the measured half-second values or the 
original instantaneous values to the appropriate equivalent optical path 
length values specified in the table. Convert the opacity values 
according to the following equations:

Ns=100x(1-(1-Nm/100)Ls/Lm)

Lm and Ls must use consistent units in the above 
    equation


Where:

Nm=Measured half-second value for conversion, percent opacity
Lm=Measuring smokemeter optical path length, meters
Ls=Standard optical path length corresponding with engine 
    power, n
Ns=Standard half-second value, percent opacity

    (b) Average the 45 readings in Sec. 86.884-13(d)(3) or the 
equivalent converted values from paragraph (a) of this section if 
appropriate, and designate the value as ``A''. This is the value for the 
engine acceleration mode.
    (c) Average the 15 readings in Sec. 86.884-13(d)(4) or the 
equivalent converted values from paragraph (a) of this section if 
appropriate, and designate the value as ``B''. This is the value for the 
engine lugging mode.
    (d) Average the 9 readings in Sec. 86.884-13(d)(5) or the equivalent 
converted values from paragraph (a) of this section if appropriate, and 
designate the value as ``C''. This is the value for the peaks in either 
mode.
    (e)(1) If multiple smokemeters were used, the half-second values for 
each mode from each smokemeter shall be combined and the calculated 
average based upon the total number of combined values.
    (2) For example, if two smokemeters were used for acceleration mode 
data, 45 half-second values in each data set from both smokemeters would 
be combined to form a data set of 90 values, which would then be 
averaged.

[62 FR 47123, Sept. 5, 1997]



   Subpart J--Fees for the Motor Vehicle and Engine Compliance Program

    Source: 57 FR 30055, July 7, 1992, unless otherwise noted.

[[Page 72]]



Sec. 86.901-93  Abbreviations.

    The abbreviations in this section apply to this subpart and have the 
following meanings:
CAFE--Corporate Average Fuel Economy,
Cal--California,
CPI--Consumer Price Index,
ESI--Engine System Information,
EPA--U.S. Environmental Protection Agency,
Fed--Federal,
HDE--Heavy-duty engine,
HDV--Heavy-duty vehicle,
ICI--Independent Commercial Importer,
LDV--Light-duty vehicle,
LDT--Light-duty truck,
MC--Motorcycle,
MVEPC--Motor Vehicle and Engine Compliance Program,
MY--Model Year,
OEM--Original equipment manufacturer,
SEA--Selective Enforcement Auditing.



Sec. 86.902-01  Definitions.

    (a) The definitions in Sec. 86.902-93 continue to apply to this 
subpart.
    (b) The definitions in subparts A and S of this part apply to this 
subpart.

[64 FR 23922, May 4, 1999]



Sec. 86.902-93  Definitions.

    California-only certificate is a Certificate of Conformity issued by 
EPA which only signifies compliance with the emission standards 
established by California.
    Certification request means a manufacturer's request for 
certification evidence by the submission of an application for 
certification, ESI data sheet, or ICI Carryover data sheet.
    Engine-system combination as defined in 40 CFR 86.082-2, means an 
engine family-exhaust emission control system combination.
    Federal certificate is a Certificate of Conformity issued by EPA 
which signifies compliance with emission standards in 40 CFR part 86, 
subpart A.
    Fuel economy basic engine means a unique combination of 
manufacturer, engine displacement, number of cylinders, fuel system, 
catalyst usage, and other characteristics specified by the 
Administrator.
    Filing form means the MVECP Fee Filing Form to be sent with payment 
of the MVECP fee.
    Signed means a certification request which results in a signed 
Certificate of Conformity.
    Unsigned means a certification request which does not result in a 
signed Certificate of Conformity because it is either voluntarily 
withdrawn by the manufacturer or does not receive approval from the EPA.



Sec. 86.903-93  Applicability.

    This subpart prescribes fees to be charged for the MVECP for 1993 
and later Mys. The fees charged will apply to all manufacturers' and 
ICIs' LDVs, LDTs, HDVs, HDEs, and MCs. Nothing in this subpart shall be 
construed to limit the Administrator's authority to require manufacturer 
or confirmatory testing as provided in the Clean Air Act, including 
authority to require manufacturer in-use testing as provided in section 
208 of the Clean Air Act.



Sec. 86.904-93  Section numbering; construction.

    (a)(1) The MY of initial applicability is indicated by the section 
number. The two digits following the hyphen designate the first MY for 
which a section is effective. A section remains effective until 
superseded.
    (2) Example. Section 86.901-93 applies to the 1993 and subsequent 
MYs until superseded. If Sec. 86.901-96 is promulgated, it will take 
effect beginning with the 1996 MY; Sec. 86.901-93 will apply to MYs 1993 
through 1995.
    (b)(1) A section reference without a MY suffix refers to the section 
applicable for the appropriate MY.
    (2) Example. For a reference to Sec. 86.901, one would refer to 
Sec. 86.901-xx where xx is the last two digits of the model year in 
question.



Sec. 86.905-93  Purpose.

    The MVECP includes all compliance, enforcement, and related 
activities performed by EPA which are associated with certification, 
fuel economy, SEA, and in-use compliance programs. The fee will recover 
those compliance, investigation and review costs which the EPA incurs in 
providing vehicle and engine manufacturers or ICIs with Certificates of 
Conformity, fuel economy

[[Page 73]]

labels, CAFE calculations, and ICI review necessary to market vehicles 
in the U.S. and to meet requirements otherwise imposed by statute.



Sec. 86.906-93  MVEPC certification request types.

    Certification requests are grouped into three types corresponding to 
the three major divisions of regulated mobile sources: LDVs/LDTs; HDVs/
HDEs; and MCs.



Sec. 86.907-01  Fee amounts.

    The fee for each certification request type is:

------------------------------------------------------------------------
                                                              Model year
                      Certificate type                         2001 and
                                                                later
------------------------------------------------------------------------
LDV/LDT:
  Fed Signed...............................................      $27,211
  Cal-only Signed..........................................        8,956
  Fed Unsigned.............................................        2,738
  Cal-only Unsigned........................................        2,738
HDE/HDV:
  Fed Signed...............................................       12,584
  Cal-only Signed..........................................        2,145
  Fed Unsigned.............................................        2,145
  Cal-only Unsigned........................................        2,145
  All Evaporative-only.....................................        2,145
Motorcycles:
  Fed Signed...............................................          840
  Cal-only Signed..........................................          840
  Fed Unsigned.............................................          840
  Cal-only Unsigned........................................          840
------------------------------------------------------------------------


[64 FR 23922, May 4, 1999]



Sec. 86.907-93  Fee amounts.

    The fee for each certification request type is:

------------------------------------------------------------------------
                                                                 MY 1994
                                                       MY 1993    (and
                                                                 later)
------------------------------------------------------------------------
LDV/LDT
Fed Signed..........................................   $11,865   $23,731
Cal-only Signed.....................................     4,563     9,127
Fed Unsigned........................................     1,095     2,190
Cal-only Unsigned...................................     1,095     2,190
HDE/HDV
Fed Signed..........................................     6,292    12,584
Cal-only Signed.....................................     1,072     2,145
Fed Unsigned........................................     1,072     2,145
Cal-only Unsigned...................................     1,072     2,145
All Evaporative-only................................     1,072     2,145
MCs
Fed Signed..........................................       420       840
Cal-only Signed.....................................       420       840
Fed Unsigned........................................       420       840
Cal-only Unsigned...................................       420       840
------------------------------------------------------------------------



Sec. 86.908-01  Waivers and refunds.

    This section includes text that specifies requirements that differ 
from Sec. 86.908-93. Where a paragraph in Sec. 86.908-93-01 is identical 
and applicable to this section, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.908-93.''
    (a) [Reserved]. For guidance see Sec. 86.908-93.
    (b) Request for refund. The Administrator may refund a specified 
part of any fee imposed by Sec. 86.907 if the applicant fails to obtain 
a signed certificate and requests a refund.
    (1) That portion of the total fee to be refunded will be as follows:

                              [In percent]
------------------------------------------------------------------------
                                                             California-
                                                    Federal      only
------------------------------------------------------------------------
LDV/LDT..........................................      89.9         69.4
HDE/HDV..........................................      83.0            0
HD--Evaporative only.............................         0            0
MC...............................................         0            0
------------------------------------------------------------------------

    (2) For a refund of a portion of a waiver payment due to a decrease 
in the projected retail sales price of the vehicles or engines to be 
covered by the certification request the applicant should submit 
documentation to EPA detailing the waiver fee adjustment.
    (c) Waiver and refund address. A request for a waiver or refund of 
part of a fee shall be submitted in writing by the applicant to the 
Environmental Protection Agency, Vehicle Programs and Compliance 
Division, 2565 Plymouth Road, Ann Arbor, MI 48105.

[64 FR 23922, May 4, 1999]



Sec. 86.908-93  Waivers and refunds.

    (a) Request for waiver. The Administrator may waive part of any fee 
imposed by Sec. 86.907 of this subpart.
    (1) A waiver will be granted to an applicant if the Administrator 
determines that:
    (i) The certificate is to be used for sale of vehicles or engines 
within the United States; and
    (ii) The full fee for a certification request for a MY exceeds 1% of 
the aggregate projected retail sales price of all vehicles covered by 
that certificate.
    (iii) For converted vehicles that are dual- or flexible-fuel 
vehicles and can operate on a gaseous fuel, the full fee

[[Page 74]]

for a certification request for a MY exceeds 1% of the value added to 
the vehicle by the conversion, for MY 2000 through 2003.
    (2) The request for waiver must be submitted prior to the payment of 
any fee and shall include evidence, such as prior actual sales, retail 
sales price, and previous waiver requests, clearly showing that the 
applicant satisfies the two waiver criteria. The retail sales price will 
be based on the total projected sales of all vehicles under a 
certificate, including vehicles modified under the modification and test 
option in 40 CFR 85.1509. For an ICI certificate, the retail sales price 
shall be based on the applicable National Automobile Dealer's 
Association (NADA) appraisal guide and/or other evidence of the actual 
market value.
    (3) If a waiver is granted, the fee to be paid by the applicant 
shall be 1% of the aggregate projected retail sales price of the 
vehicles or engines to be covered by the certification request.
    (4) The waiver request will be reviewed by EPA.
    (i) EPA or its designee will analyze each waiver request to 
determine whether the applicant has met the standards for a waiver and 
then will notify the applicant of its grant or denial.
    (ii) If the request is denied, the applicant will have 30 days from 
the date of notification of the denial to submit the appropriate fee to 
EPA or appeal the denial.
    (5) Whenever the aggregate projected retail sales price of the 
vehicles or engines to be covered by the certification request changes 
and/or the certificate which is under a fee waiver expires, the 
applicant, as appropriate:
    (i) Shall submit a filing form with payment of the additional waiver 
fee; or
    (ii) May submit a request for a refund.
    (6) The total waiver fee shall not exceed the full fee amount for 
the applicable certification request type.
    (b) Request for refund. The Administrator may refund a specified 
part of any fee imposed by Sec. 86.907 of this subpart if the applicant 
fails to obtain a signed certificate and requests a refund.
    (1) That portion of the total fee to be refunded will be as follows:

------------------------------------------------------------------------
                                                              California
                                                    Federal      only
                                                   (percent)   (percent)
------------------------------------------------------------------------
LDV/LDT..........................................       90.8        76.0
HDE/HDV..........................................       83.0           0
HD-Evaporative only..............................          0           0
MC...............................................          0           0
------------------------------------------------------------------------

    (2) For a refund of a portion of a waiver payment due to a decrease 
in the projected retail sales price of the vehicles or engines to be 
covered by the certification request the applicant should submit 
documentation to EPA detailing the waiver fee adjustment.
    (c) Waiver and refund address. A request for a waiver or refund of 
part of a fee shall be submitted in writing by the applicant to the 
Environmental Protection Agency, Motor Vehicle and Engine Compliance 
Program, Certification Division, 2565 Plymouth Road, Ann Arbor, MI 
48105.
    (d)(1) For model years 2000 through 2003, the required fees under 
this subpart shall be waived for any light-duty vehicle, light-duty 
truck, or heavy-duty engine family that meets the small volume sales 
requirements of Sec. 86.1838-01 and:
    (i) Is a dedicated gaseous-fueled vehicle or engine OR;
    (ii) Receives a certificate of conformity with the LEV, ILEV, ULEV, 
or ZEV emissions standards in 40 CFR part 88.
    (2) If the manufacturer does not receive a certificate of conformity 
with the LEV, ILEV, ULEV, or ZEV emissions standards in 40 CFR part 88 
as required in paragraph (d)(1)(iii) of this section, the fee 
requirements of this section will apply. Before any certificate can be 
issued, the applicable fee must be paid.
    (3) Manufacturers that have paid certification fees for model year 
2000 vehicle and engine families that meet the criteria in paragraph 
(d)(1) of this section may request a refund of such fees. EPA shall 
refund such fees if it determines that the vehicle or engine family 
meets the criteria of paragraph (d)(1) of this section.

[57 FR 30055, July 7, 1992, as amended at 65 FR 11904, Mar. 7, 2000]

[[Page 75]]



Sec. 86.909-93  Payment.

    (a) All fees required by this section shall be paid by money order, 
bank draft, certified check, corporate check, or electronic funds 
transfer payable in U.S. dollars to the order of the Environmental 
Protection Agency.
    (b) All fees shall be forwarded with the filing form to the EPA to 
the address designated on the filing form.
    (c) An application for which a partial waiver of the fee has been 
requested will not be accepted for processing until the appropriate fee 
has been determined and the balance waived or, if the waiver has been 
denied, the proper fee is submitted after notice of denial.



Sec. 86.910-93  Deficiencies.

    (a) Any filing pursuant to Sec. 86.909 of this subpart that is not 
accompanied by the appropriate filing fee is deficient.
    (b) The Administrator will inform any person who submits a deficient 
filing that:
    (1) Such filing will be rejected and the amount paid refunded, 
unless the appropriate fee is submitted within a specified time;
    (2) EPA will not process any filing that is deficient under this 
section; and
    (3) The date of filing will be deemed the date on which EPA receives 
the appropriate fee.



Sec. 86.911-93  Adjustments of fees.

    (a) The fee schedule will be changed annually by the same percentage 
as the percent change in the CPI for all urban consumers.
    (b) This annual change will occur within 60 days following release 
of the final estimates of the annual average for the CPI for all urban 
consumers by the Department of Labor.
    (c) MVECP costs and fees will periodically be reviewed and changes 
will be made to the schedule as necessary.
    (d) When automatic adjustments are made, based on the CPI, the new 
fee will be published in the Federal Register as a final rule to become 
effective 30 days or more after publication, as specified in the final 
rule.
    (e) When changes are made based on periodic reviews, the changes 
will be subject to public comment.



  Subpart K--Selective Enforcement Auditing of New Heavy-Duty Engines, 
               Heavy-Duty Vehicles, and Light-Duty Trucks

    Source: 45 FR 63772, Sept. 25, 1980, unless otherwise noted.



Sec. 86.1001-84  Applicability.

    The provisions of this subpart are applicable for 1984 and later 
model year heavy-duty engines and light-duty trucks.
    (a) Section numbering; construction. (1) The model year of initial 
applicability is indicated by the two digits following the hyphen of the 
section number. A section remains in effect for subsequent model years 
until it is superseded.
    (2) A section reference without a model year suffix shall be 
interpreted to be a reference to the section applicable to the 
appropriate model year.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles 
under the provisions of subpart S of this part.

[54 FR 14559, Apr. 11, 1989, as amended at 62 FR 31238, June 6, 1997; 64 
FR 23922, May 4, 1999; 65 FR 59957, Oct. 6, 2000]



Sec. 86.1002-84  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined herein have the 
meaning given them in the Act.
    Acceptable Quality Level (AQL) means the maximum percentage of 
failing engines or vehicles, that for purposes of sampling inspection, 
can be considered satisfactory as a process average.
    Configuration means a subclassification, if any, of a heavy-duty 
engine family for which a separate projected sales figure is listed in 
the manufacturer's Application for Certification and which can be 
described on the basis of emission control system, governed speed, 
injector size, engine calibration, and other parameters

[[Page 76]]

which may be designated by the Administrator, or a subclassification of 
a light-duty truck engine family/emission control system combination on 
the basis of engine code, inertia weight class, transmission type and 
gear ratios, axle ratio, and other parameters which may be designated by 
the Administrator.
    Compliance level means an emission level determined during a 
Production Compliance Audit pursuant to subpart L of this part.
    Test Sample means the collection of vehicles or engines of the same 
configuration which have been drawn from the population of engines or 
vehicles of that configuration and which will receive exhaust emission 
testing.
    Inspection Criteria means the pass and fail numbers associated with 
a particular sampling plan.
    Test Engine means an engine in a test sample.
    Test Vehicle means a vehicle in a test sample.

[45 FR 63772, Sept. 25, 1980, as amended at 48 FR 52207, Nov. 16, 1983; 
50 FR 35386, Aug. 30, 1985]



Sec. 86.1002-97  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined in this section 
have the meaning given them in the Act.
    Acceptable quality level (AQL) means the maximum percentage of 
failing engines or vehicles, that for purposes of sampling inspection, 
can be considered satisfactory as a process average.
    Axle ratio means all ratios within [plusmn]3% of the axle ratio 
specified in the configuration in the test order.
    Compliance level means an emission level determined during a 
Production Compliance Audit pursuant to subpart L of this part.
    Configuration means a subclassification, if any, of a heavy-duty 
engine family for which a separate projected sales figure is listed in 
the manufacturer's Application for Certification and which can be 
described on the basis of emission control system, governed speed, 
injector size, engine calibration, and other parameters which may be 
designated by the Administrator, or a subclassification of a light-duty 
truck engine family/emission control system combination on the basis of 
engine code, inertia weight class, transmission type and gear rations, 
axle ratio, and other parameters which may be designated by the 
Administrator.
    Executive Officer means the Executive Officer of the California Air 
Resources Board or his or her authorized representative.
    Executive Order means the document the Executive Officer grants a 
manufacturer for an engine family that certifies the manufacturer has 
verified the engine family complies with all applicable standards and 
requirements pursuant to Title 13 of the California Code of Regulations.
    50-state engine family means an engine family that meets both 
federal and California Air Resources Board motor vehicle emission 
control regulations and has received a federal certificate of conformity 
as well as an Executive Order.
    Inspection criteria means the pass and fail numbers associated with 
a particular sampling plan.
    Test engine means an engine in a test sample.
    Test sample means the collection of vehicles or engines of the same 
configuration which have been drawn from the population of engines or 
vehicles of that configuration and which will receive exhaust emission 
testing.
    Test vehicle means a vehicle in a test sample.

[62 FR 31238, June 6, 1997]



Sec. 86.1002-2001  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined in this section 
have the meaning given them in the Act.
    (1) Acceptable quality level (AQL) means the maximum percentage of 
failing engines or vehicles, that for purposes of sampling inspection, 
can be considered satisfactory as a process average.
    (2) Compliance level means an emission level determined during a 
Production Compliance Audit pursuant to subpart L of this part.
    (3) Configuration means a subclassification, if any, of a heavy-duty 
engine family for which a separate projected

[[Page 77]]

sales figure is listed in the manufacturer's Application for 
Certification and which can be described on the basis of emission 
control system, governed speed, injector size, engine calibration and 
other parameters which may be designated by the Administrator, or for 
light-duty trucks a subclassification of a light-duty truck engine 
family/emission control system combination on the basis of engine code, 
inertia weight class, transmission type and gear ratios, axle ratio, and 
other parameters which may be designated by the Administrator and/or a 
subclassification of a light-duty truck evaporative/refueling emission 
family/emission control system.
    (4) Test sample means the collection of vehicles or engines of the 
same configuration which have been drawn from the population of vehicles 
or engines of that configuration and which will receive emission 
testing.
    (5) Inspection criteria means the pass and fail numbers associated 
with a particular sampling plan.
    (6) Test engine means an engine in a test sample.
    (7) Test vehicle means a vehicle in a test sample.
    (8) Axle ratio means all ratios within [plusmn]3% of the axle ratio 
specified in the configuration in the test order.
    (9) Executive Officer means the Executive Officer of the California 
Air Resources Board or his or her authorized representative.
    (10) Executive Order means the document the Executive Officer grants 
a manufacturer for an engine family that certifies the manufacturer has 
verified the engine family complies with all applicable standards and 
requirements pursuant to Title 13 of the California Code of Regulations.
    (11) 50-state engine family means an engine family that meets both 
federal and California Air Resources Board motor vehicle emission 
control regulations and has received a federal certificate of conformity 
as well as an Executive Order.

[59 FR 16304, Apr. 6, 1994, as amended at 62 FR 31238, June 6, 1997]



Sec. 86.1003-90  Test orders.

    (a) The Administrator shall require any testing under this subpart 
by means of a test order addressed to the manufacturer.
    (b) The test order will be signed by the Assistant Administrator for 
Air and Radiation or his designee. The test order will be delivered in 
person by an EPA Enforcement Officer to a company representative or sent 
by registered mail, return receipt requested, to the manufacturer's 
representative who signs the Application for Certification submitted by 
the manufacturer pursuant to the requirements of this applicable section 
of subpart A of this part. Upon receipt of a test order, the 
manufacturer shall comply with all of the provisions of this subpart and 
instructions in the test order.
    (c)(1) The test order will specify the engine or vehicle 
configuration selected for testing, the manufacturer's vehicle or engine 
assembly plant or associated storage facility from which the engines or 
vehicles must be selected, the time and location at which engines or 
vehicles must be selected, and the procedure by which engines or 
vehicles of the specified configuration must be selected. The test order 
may specify the number of vehicles or engines to be selected per day.
    (i) If the total production of the specified vehicle configuration 
is less than the number specified in the test order, the manufacturer 
will select the actual number of vehicles produced per day.
    (ii) Heavy-duty engine manufacturers will be required to select a 
minimum of four engines per day unless an alternate selection procedure 
is approved pursuant to Sec. 86.1007-84(a) or unless total production of 
the specified configuration is less than four engines per day. If total 
production of the specified configuration is less than four engines per 
day, the manufacturer will select the actual number of engines produced 
that day.
    (2) The test order may include alternative configurations to be 
selected for testing in the event that engines or vehicles of the 
specified configuration are not available for testing because those 
engines or vehicles are not being manufactured during the specified 
time, or not being stored at the specified assembly plant or associated 
storage facilities.

[[Page 78]]

    (3) If the specified configuration is not being manufactured at a 
rate of at least four vehicles per day, in the case of light-duty truck 
manufacturers, two engines per day, in the case of heavy-duty engine 
manufacturers specified in paragraph (g)(1) of Sec. 86.1008-84 or one 
engine per day, in the case of heavy-duty engine manufacturers specified 
in paragraph (g)(2) of Sec. 86.1008-90, over the expected duration of 
the audit, the Assistant Administrator or his designated representative 
may select engines or vehicles of the alternate configuration for 
testing.
    (4) In addition, the test order may include other directions or 
information essential to the administration of the required testing.
    (d) A manufacturer may submit a list of engine families and the 
corresponding assembly plants or associated storage facilities from 
which the manufacturer prefers to have engines or vehicles selected for 
testing or response to a test order. In order that a manufacturer's 
preferred location be considered for inclusion in a test order for a 
configuration of a particular engine family, the list must be submitted 
prior to issuance of the test order. Notwithstanding the fact that a 
manufacturer has submitted the above list, the Administrator may order 
selection at other than a preferred location.
    (e) Upon receipt of a test order, a manufacturer shall proceed in 
accordance with the provisions of this subpart.
    (f)(1) During a given model year, the Administrator shall not issue 
to a manufacturer more Selective Enforcement Audit (SEA) test orders 
than an annual limit determined by the following:
    (i) For manufacturers of heavy-duty engines, either petroleum-fueled 
or methanol-fueled, the number determined by dividing the projected 
heavy-duty engine sales bound for the United States market for that 
year, as made by the manufacturer in its Application for Certification, 
by 30,000 and rounding to the nearest whole number, unless the projected 
sales are less than 15,000, in which case the number is one;
    (ii) For manufacturers of petroleum-fueled or methanol-fueled light-
duty trucks, the number determined by dividing the projected light-duty 
truck sales bound for the United States market for that model year, as 
made by the manufacturer in its report submitted under paragraph (a)(2) 
of Sec. 600.207-80 of the Automobile Fuel Economy Regulations, by 
300,000 and rounding to the nearest whole number, unless the projected 
sales are less than 150,000, in which case the number is one.
    (iii) If a manufacturer submits to EPA in writing prior to or during 
the model year a reliable sales projection update, that update will be 
used for recalculating the manufacturer's annual limit of SEA test 
orders.
    (2) Any SEA test order for which the configuration fails in 
accordance with Sec. 86.1010 or for which testing is not completed will 
not be counted against the annual limit.
    (3) When the annual limit has been met, the Administrator may issue 
additional test orders for those configurations for which evidence 
exists indicating noncompliance. An SEA test order issued on this basis 
will include a statement as to the reason for its issuance.

[54 FR 14559, Apr. 11, 1989]



Sec. 86.1003-97  Test orders.

    Section 86.1003-97 includes text that specifies requirements that 
differ from those specified in Sec. 86.1003-90. Where a paragraph in 
Sec. 86.1003-90 is identical and applicable to Sec. 86.1003-97, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.1003-90.''
    (a) through (f) [Reserved]. For guidance see Sec. 86.1003-90.
    (g) In the event evidence exists indicating an engine family is in 
noncompliance, the Administrator may, in addition to other powers 
provided by this section, issue a test order specifying the engine 
family the manufacturer is required to test.

[62 FR 31238, June 6, 1997]



Sec. 86.1003-2001  Test orders.

    Section 86.1003-2001 includes text that specifies requirements that 
differ from Sec. 86.1003-88. Where a paragraph in Sec. 86.1003-88 is 
identical and applicable

[[Page 79]]

to Sec. 86.1003-2001, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.1003-88.'' Where a corresponding paragraph of Sec. 86.1003-88 is 
not applicable, this is indicated by the statement ``[Reserved].''.
    (a) through (c)(1)(ii) [Reserved]. For guidance see Sec. 86.1003-88.
    (c)(1)(iii) Heavy-duty vehicle manufacturers will be required to 
select a minimum of four vehicles per day unless an alternate selection 
procedure is approved pursuant to Sec. 86.1007-84(a) or unless total 
production of the specified configuration is less than four vehicles per 
day. If total production of the specified configuration is less than 
four vehicles per day, the manufacturer will select the actual number of 
vehicles produced per day.
    (2) The test order may include alternative configurations to be 
selected for testing in the event that engines or vehicles of the 
specified configuration are not available for testing because those 
engines or vehicles are not being manufactured during the specified 
time, or not being stored at the specified assembly plant or associated 
storage facilities.
    (3) If the specified configuration is not being manufactured at a 
rate of at least four vehicles per day, in the case of light-duty truck 
manufacturers, two heavy-duty engines or heavy-duty vehicles, in the 
case of heavy-duty vehicle and heavy-duty engine manufacturers specified 
in Sec. 86.1008-2001(g)(1), or one engine or heavy-duty vehicle per day, 
in the case of heavy-duty vehicle or engine manufacturers specified in 
Sec. 86.1008-2001(g)(2), over the expected duration of the audit, the 
Assistant Administrator or a designated representative may select 
engines or vehicles of an alternate configuration for testing.
    (4) In addition, the test order may include other directions or 
information essential to the administration of the required testing.
    (d) A manufacturer may submit a list of engine families and, if 
applicable, evaporative/refueling families and the corresponding 
assembly plants or associated storage facilities from which the 
manufacturer prefers to have engines or vehicles selected for testing in 
response to a test order. In order that a manufacturer's preferred 
location be considered for inclusion in a test order for a configuration 
of a particular engine family and/or evaporative/refueling family, the 
list must be submitted prior to issuance of the test order. 
Notwithstanding the fact that a manufacturer has submitted the above 
list, the Administrator may, upon making the determination that evidence 
exists indicating noncompliance at other than the manufacturer's 
preferred plant, order testing at such other plant where vehicles of the 
configuration specified in the test order are assembled.
    (e) Upon receipt of a test order, a manufacturer shall proceed in 
accordance with the provisions of this subpart.
    (f)(1) During a given model year, the Administrator shall not issue 
to a manufacturer more Selective Enforcement Auditing (SEA) test orders 
than the annual limit determined by the following:
    (i) For manufacturers of heavy-duty engines or vehicles, either 
gasoline-fueled or diesel, the number determined by dividing the 
projected sales bound for the United States market for that year, as 
made by the manufacturer in its Application for Certification, by 30,000 
and rounded to the nearest whole number, unless the projected sales are 
less than 15,000, in which case the number is one;
    (f)(1)(ii) through (f)(3) [Reserved]. For guidance see Sec. 86.1003-
88.
    (g) In the event evidence exists indicating an engine family is in 
noncompliance, the Administrator may, in addition to other powers 
provided by this section, issue a test order specifying the engine 
family the manufacturer is required to test.

[59 FR 16305, Apr. 6, 1994, as amended at 62 FR 31238, June 6, 1997]



Sec. 86.1004-84  Testing by the Administrator.

    (a) The Administrator may require by test order that engines or 
vehicles of a specified configuration be selected in a manner consistent 
with the requirements of Sec. 86.1007-84 and submitted to him at such 
place as he may designate for the purpose of conducting

[[Page 80]]

emission tests. These tests will be conducted in accordance with 
Sec. 86.1008-84 of these regulations to determine whether engines or 
vehicles manufactured by the manufacturer conform with the regulations 
with respect to which the certificate of conformity was issued.
    (b)(1) Whenever the Administrator conducts a test on a test engine 
or vehicle or the Administrator and manufacturer each conduct a test on 
the same test engine or vehicle, the results of the Administrator's test 
will comprise the official data for that engine or vehicle.
    (2) Whenever the manufacturer conducts all tests on a test engine or 
vehicle, the manufacturer's test data will be accepted as the official 
data: Provided, That if the Administrator makes a determination based on 
testing under paragraph (a) of this section that there is a substantial 
lack of agreement between the manufacturer's test results and the 
Administrator's test results, no manufacturer's test data from the 
manufacturer's test facility will be accepted for purposes of this 
subpart.
    (c) If testing conducted under paragraph (a) of this section 
demonstrates a lack of agreement under paragraph (b)(2) of this section, 
the Administrator shall:
    (1) Notify the manufacturer in writing of his determination that the 
test facility is inappropriate for conducting the tests required by this 
subpart and the reasons therefor; and
    (2) Reinstate any manufacturer's data upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.
    (d) The manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(2) of this section based 
on data or information which indicates that changes have been made to 
the test facility and these changes have resolved the reasons for 
disqualification.



Sec. 86.1005-90  Maintenance of records; submittal of information.

    (a) The manufacturer of any new petroleum-fueled or methanol-fueled 
heavy-duty engine or light-duty truck subject to any of the provisions 
of this subpart shall establish, maintain, and retain the following 
adequately organized and indexed records:
    (1) General records. A description of all equipment used to test 
engines or vehicles in accordance with Sec. 86.1008 pursuant to a test 
order issued under this subpart, specifically:
    (i) If testing heavy-duty gasoline-fueled or methanol-fueled Otto-
cycle engines, the equipment requirements specified in Secs. 86.1306 and 
86.1506 of this part;
    (ii) If testing heavy-duty petroleum-fueled or methanol-fueled 
diesel engines, the equipment requirements specified in Secs. 86.1306-
84, 86.884-8, and 86.884-9 of this part;
    (iii) If testing gasoline-fueled or methanol-fueled Ottocycle light-
duty trucks, the equipment requirements specified in Sec. 86.106 
(excluding all references to evaporative and particulate emission 
testing), Sec. 86.206, and Sec. 86.1506-84 of this subpart; and
    (iv) If testing petroleum-fueled or methanol-fueled diesel light-
duty trucks, the equipment requirements specified in Secs. 86.106 
(excluding all references to evaporative emission testing) and 86.1506-
83 of this part.
    (2) Individual records. These records pertain to each audit 
conducted pursuant to this subpart.
    (i) The date, time, and location of each test;
    (ii) The number of hours of service accumulated on each engine or 
the number of miles on the vehicle when the test began and ended;
    (iii) The names of all supervisory personnel involved in the conduct 
of the audit;
    (iv) A record and description of any repairs performed prior to and/
or subsequent to approval by the Administrator, giving the date and time 
of the repair, the reason for it, the person authorizing it, and the 
names of all supervisory personnel responsible for the conduct of the 
repair;
    (v) The date when the engine or vehicle was shipped from the 
assembly plant or associated storage facility and when it was received 
at the testing facility;
    (vi) A complete record of all emission tests performed pursuant to 
this subpart (except tests performed by EPA

[[Page 81]]

directly), including all individual worksheets and/or other 
documentation relating to each test, or exact copies thereof, 
specifically
    (A) If testing gasoline-fueled or methanol-fueled Otto-cycle heavy-
duty engines, the record requirements specified in Secs. 86.1342 and 
86.1542 of this part;
    (B) If testing petroleum-fueled or methanol-fueled diesel heavy-duty 
engines, the record requirements specified in Secs. 86.1342, 86.1542, 
and 86.884-10;
    (C) If testing gasoline-fueled or methanol-fueled Ottocycle light-
duty trucks, the record requirements specified in Sec. 86.142 (excluding 
all references to diesel vehicles), Sec. 86.242, and Sec. 86.1542; and
    (D) If testing petroleum-fueled or methanol-fueled diesel light-duty 
trucks, the record requirements specified in Sec. 86.142; and
    (vii) A brief description of any significant audit events commencing 
with the test engine or vehicle selection process, but not described by 
any subparagraph under paragraph (a)(2) of this section, including such 
extraordinary events as engine damage during shipment or vehicle 
accident.
    (viii) A paper copy of the driver's trace for each test.
    (3) The manufacturer shall record test equipment description, 
pursuant to paragraph (a)(1) of this section, for each test cell that 
can be used to perform emission testing under this subpart.
    (b) The manufacturer shall retain all records required to be 
maintained under this subpart for a period of one (1) year after 
completion of all testing in response to a test order. Records may be 
retained as hard copy or reduced to microfilm, punch cards, etc., 
depending upon the manufacturer's record retention procedure: Provided, 
that in every case all information contained in the hard copy is 
retained.
    (c) Pursuant to a request made by the Administrator, the 
manufacturer shall submit to him the following information with regard 
to engine or vehicle production:
    (1) Number of engines or vehicles, by configuration and assembly 
plant, scheduled for production for the time period designated in the 
request.
    (2) Number of engines or vehicles, by configuration and assembly 
plan, produced during the time period designated in the request which 
are complete form introduction into commerce.
    (d) Nothing in this section limits the Administrator's discretion in 
requiring the manufacturer to retain additional records or submit 
information not specifically required by this section.
    (e) The manufacturer shall address all reports, submissions, 
notifications, and requests for approvals made under this subpart to: 
Director, Manufacturers Operations Division, U.S. Environmental 
Protection Agency, EN-340, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.

[54 FR 14560, Apr. 11, 1989, as amended at 57 FR 31922, July 17, 1992]



Sec. 86.1006-84  Entry and access.

    (a) To allow the Administrator to determine whether a manufacturer 
is complying with the provisions of this subpart and a test order issued 
thereunder, EPA Enforcement Officers are authorized to enter during 
operating hours and upon presentation of credentials any of the 
following:
    (1) Any facility where any engine or vehicle to be introduced into 
commerce or any emission related component is manufactured, assembled, 
or stored;
    (2) Any facility where any tests conducted pursuant to a test order 
or any procedures or activities connected with these tests are or were 
performed;
    (3) Any facility where any engine or vehicle which is being tested, 
was tested, or will be tested is present; and
    (4) Any facility where any record or other document relating to any 
of the above is located.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, EPA Enforcement Officers are authorized to perform the 
following inspection-related activities:
    (1) To inspect and monitor any aspects of engine or vehicle 
manufacture, assembly, storage, testing and other procedures, and the 
facilities in which these procedures are conducted;
    (2) To inspect and monitor any aspect of engine or vehicle test 
procedures or activities, including, but not limited

[[Page 82]]

to, monitoring engine or vehicle selection, preparation, service or 
mileage accumulation, preconditioning, emission test cycles, and 
maintenance; and to verify calibration of test equipment;
    (3) To inspect and make copies of any records or documents related 
to the assembly, storage, selection and testing of an engine or vehicle 
in compliance with a test order; and
    (4) To inspect and photograph any part or aspect of any engine or 
vehicle and any component used in the assembly thereof that is 
reasonably related to the purpose of the entry.
    (c) EPA Enforcement Officers are authorized to obtain reasonable 
assistance without cost from those in charge of a facility to help them 
perform any function listed in this subpart and are authorized to 
request the recipient of a test order to make arrangements with those in 
charge of a facility operated for its benefit to furnish reasonable 
assistance without cost to EPA whether or not the recipient controls the 
facility.
    (d) EPA Enforcement Officers are authorized to seek a warrant or 
court order authorizing the EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section, as 
appropriate, to execute the functions specified in this section. EPA 
Enforcement Officers may proceed ex parte to obtain a warrant whether or 
not the Enforcement Officers first attempted to seek permission of the 
recipient of the test order or the party in charge of the facilities in 
question to conduct activities related to entry and access as authorized 
in this section.
    (e) A recipient of a test order shall permit EPA Enforcement 
Officers who present a warrant or court order as described in paragraph 
(d) of this section to conduct activities related to entry and access as 
authorized in this section and as described in the warrant or court 
order. The recipient shall cause those in charge of its facility or a 
facility operated for its benefit to permit EPA Enforcement Officers to 
conduct activities related to entry and access as authorized in this 
section pursuant to a warrant or court order whether or not the 
recipient controls the facility. In the absence of such a warrant or 
court order, EPA Enforcement Officers may conduct activities related to 
entry and access as authorized in this section only upon the consent of 
the recipient of the test order or the party in charge of the facilities 
in question.
    (f) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section 
without a warrant or court order.
    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign law 
does not prohibit EPA Enforcement Officers from conducting the entry and 
access activities specified in this section. EPA will not attempt to 
make any inspections which it has been informed that local foreign law 
prohibits.
    (h) For purposes of this section, the following definitions are 
applicable:
    (1) Presentation of Credentials means display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where engine or vehicle storage areas or facilities are 
concerned, operating hours means all times during which personnel other 
than custodial personnel are at work in the vicinity of the area or 
facility and have access to it.
    (3) Where facilities or areas other than those covered by paragraph 
(h)(2) of this section are concerned, operating hours means all times 
during which an assembly line is in operation, engine or vehicle 
assembly is taking place, testing, repair, service accumulation, 
production or compilation of records is taking place, or any other 
procedure or activity related to engine or vehicle manufacture, assembly 
or testing is being carried out in a facility.
    (4) Reasonable assistance includes, but is not limited to, clerical, 
copying, interpreting and translating services, and the making available 
on an EPA Enforcement Officer's request of personnel of the facility 
being inspected during their working hours to inform the EPA Enforcement 
Officer of how the facility operates and to answer his or her questions. 
Any employee whom an EPA Enforcement Officer requests the manufacturer 
to cause to appear

[[Page 83]]

for questioning will be entitled to be accompanied, represented and 
advised by counsel.

[45 FR 63772, Sept. 25, 1980, as amended at 48 FR 52208, Nov. 16, 1983]



Sec. 86.1007-84  Sample selection.

    (a) Engines or vehicles comprising a test sample which are required 
to be tested, pursuant to a test order issued in accordance with this 
subpart, will be selected at the location and in the manner specified in 
the test order. If a manufacturer determines that the test engines or 
vehicles cannot be selected in the manner specified in the test order, 
an alternative selection procedure may be employed: Provided, That the 
manufacturer requests approval of the alternative procedure in advance 
of the start of test sample selection and that the Administrator 
approves the procedure.
    (b) The manufacturer shall have assembled the test engines or 
vehicles of the configuration selected for testing using its normal mass 
production process for engines or vehicles to be distributed into 
commerce. During the audit, the manufacturer shall inform the 
Administrator of any change(s) implemented in its production processes, 
including quality control, which may reasonably be expected to affect 
the emissions of the vehicles or engines selected, between the time the 
manufacturer is notified of a test order and the time the manufacturer 
finishes selecting test vehicles or engines. In the case of heavy-duty 
engines, if the test engines are selected at a location where they do 
not have their operational and emission control systems installed, the 
test order will specify the manner and location for selection of 
components to complete assembly of the engines. The manufacturer shall 
assemble these components onto the test engines using normal assembly 
and quality control procedures as documented by the manufacturer.
    (c) No quality control, testing, or assembly procedures will be used 
on the completed test engine or vehicle or any portion thereof, 
including parts and subassemblies, that has not been or will not be used 
during the production and assembly of all other engines or vehicles of 
that configuration, except, that the Administrator may approve a 
modification in the normal assembly procedures pursuant to paragraph (b) 
of this section.
    (d) The test order may specify that EPA Enforcement Officers, rather 
than the manufacturer, will select the test engines or vehicles 
according to the method specified in the test order.
    (e) The order in which test engines or vehicles are selected 
determines the order in which test results are to be used in applying 
the sampling plan in accordance with Sec. 86.1010-84.
    (f) The manufacturer shall keep on hand all untested engines or 
vehicles, if any, comprising the test sample until such time as a pass 
or fail decision is reached in accordance with Sec. 86.1010-84(d). The 
manufacturer may ship any tested engine or vehicle which has not failed 
in accordance with Sec. 86.1010-84(b). However, once the manufacturer 
ships any test engine or vehicle, it relinquishes the prerogative to 
conduct retests as provided in Sec. 86.1008-84(i).

[45 FR 63772, Sept. 25, 1980, as amended at 48 FR 52208, Nov. 16, 1983]



Sec. 86.1008-90  Test procedures.

    (a)(1)(i) For heavy-duty engines, the prescribed test procedure is 
the Federal Test Procedure, as described in subparts N, I, and P of this 
part.
    (ii) For heavy-duty vehicles with a GVW of less than 14,000 pounds 
(6,400 kilograms), the prescribed test procedure is the Fuel Dispensing 
Spitback Test as described in 86.1246-96 of this part. The test for fuel 
spitback is conducted as a stand-alone test, thus all references to the 
test sequence described in figure M96-1 of subpart M of this part can be 
ignored.
    (iii) During the testing of heavy-duty diesel engines, the 
manufacturer shall decide for each engine, prior to the start of the 
initial cold cycle, whether the measurement of background particulate is 
required for the cold and hot cycles to be valid. The manufacturer may 
choose to have different requirements for the cold and hot cycles. If a 
manufacturer chooses to require the measurement of background 
particulate, failure to measure background particulate shall void the 
test cycle regardless of the test results. If a test cycle is void, the 
manufacturer shall

[[Page 84]]

retest using the same validity requirements of the initial test.
    (2) For light-duty trucks, the prescribed test procedure is the 
Federal Test Procedure as described in subparts B, P, and/or C of this 
part. The manufacturer shall not perform the evaporative emission test 
procedures contained in subpart B of this part. The Administrator may, 
based on advance application by a manufacturer, approve optional test 
procedures for use in Selective Enforcement Audit testing.
    (3) When testing light-duty trucks the following exceptions to the 
test procedures in subpart B are applicable:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications of mileage and service accumulation fuels of 
Sec. 86.113. Otherwise, the manufacturer may use fuels other than those 
specified in this section only with the advance approval of the 
Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131-96(a) with only a single temperature sensor, and may 
drain the test fuel from other than the lowest point of the tank, as 
specified in Sec. 86.131-96(b), provided an equivalent method is used. 
Equivalency documentation shall be maintained by the manufacturers and 
shall be made available to the Administrator upon request.
    (iii) The manufacturer may perform additional preconditioning on SEA 
test vehicles other than the preconditioning specified in Sec. 86.132 
only if the additional preconditioning had been performed on 
certification test vehicles of the same configuration.
    (iv) If the Administrator elects to use the evaporative canister 
preconditioning procedure described in Sec. 86.132-96(k), the 
manufacturer shall perform the heat build procedure 11 to 34 hours 
following vehicle preconditioning rather than according to the time 
period specified in Sec. 86.133-90(a). All references in Sec. 86.133-90 
to an evaporative emission enclosure (SHED) and analyzing for HC during 
the heat build can be ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph (e) of Sec. 86.135-90: 
Provided, that the slave tires are the same size.
    (vi) If the Administrator elects to use the evaporative canister 
preconditioning procedure described in Sec. 86.132-96(k), the cold start 
exhaust test described in Sec. 86.137 shall follow the heat build 
procedure described in Sec. 86.133-90 by not more than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140.
    (A) When testing diesel vehicles or methanol-fueled vehicles, the 
manufacturer shall allow a minimum of 20 minutes warm-up for the HC 
analyzer, and a minimum of 2 hours warm-up for the CO, CO2 
and NOX analyzers. (Power is normally left on infrared and 
chemiluminescent analyzers. When not in use, the chopper motors of the 
infrared analyzers are turned off and the phototube high voltage supply 
to the chemiluminescent analyzers is placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, since the 
records required therein are provided under other provisions of subpart 
K of this part.
    (ix) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled vehicles and methanol-fueled 
vehicles as follows prior to exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5 + 0.5 inches of water to the fuel system, allowing the 
pressure to stabilize, and isolating the fuel system from the pressure 
source. Following isolation of the fuel system, pressure must not drop 
more than 2.0 inches of water in five minutes. If required, the 
manufacturer shall perform corrective action in accordance with 
Sec. 86.1008 and report this action in accordance with Sec. 86.1009.
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative emission control 
system.

[[Page 85]]

    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except to comply with paragraph (a)(4)(ii) of this section 
if approved in advance by the Administrator.
    (4) The Administrator, may on the basis of a written application by 
a manufacturer, prescribe minor test procedure variations from those set 
forth in paragraphs (a)(1) and (a)(2) of this section for any heavy-duty 
engine.
    (5) When testing light-duty trucks, the following exceptions to the 
test procedures in subpart C of this part are applicable:
    (i) The manufacturer may measure the temperature of the test fuel at 
other than the approximate mid-volume of the fuel tank as specified in 
Sec. 86.231(a) and may drain the test fuel from other than the lowest 
point of the fuel tank as specified in Sec. 86.231(b) provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the manufacturer and shall be made available to the Administrator 
upon request.
    (ii) In performing exhaust sample analysis under Sec. 86.240, the 
manufacturer shall exercise care to prevent moisture from condensing in 
the sample collection bags.
    (iii) The manufacturer need not comply with Sec. 86.242 since the 
records required therein are provided under other provisions of subpart 
K of this part.
    (iv) In addition to the requirements of subpart C of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing.
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 kPa) in the 
fuel system allowing the pressure to stabilize and isolating the fuel 
system from the pressure sources. Following isolation of the fuel 
system, pressure must not drop more than 2.0 inches of water (0.5 kPa) 
in 5 minutes. If required, the manufacturer shall perform corrective 
action in accordance with paragraph Sec. 86.1008(d) and report this 
action in accordance with paragraph Sec. 86.1009(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative emission control 
system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except if approved in advance by the Administrator to 
comply with paragraph (a)(5)(i) of this section.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the engines or vehicles selected for testing and shall not perform any 
emission tests on engines or vehicles selected for testing and shall not 
perform any emission tests on engines or vehicles selected for testing 
pursuant to the test order unless this adjustment, repair, preparation, 
modification, and/or tests are documented in the manufacturer's engine 
or vehicle assembly and inspection procedures and are actually performed 
or unless these adjustments and/or test are required or permitted under 
this subpart or are approved in advance by the Administrator.
    (2) For 1984 and later model years the Administrator may adjust or 
cause to be adjusted any engine parameter which the Administrator has 
determined to be subject to adjustment for certification, Selective 
Enforcement Audit, and Production Compliance Audit testing in accordance 
with Sec. 86.090-22(e)(1), to any setting within the physically 
adjustable range of that parameter, as determined by the Administrator 
in accordance with Sec. 86.090-22(e)(3)(ii), prior to the performance of 
any tests. However, if the idle speed parameter is one which the 
Administrator has determined to be subject to adjustment, the 
Administrator shall not adjust it to any setting which causes a lower 
engine idle speed than would have been possible within the physically 
adjustable range of the idle speed parameter if the manufacturer had 
accumulated 125 hours of service on the engine or 4,000 miles on the 
vehicle under paragraph (c) of this section, all other parameters being 
identically adjusted for the purpose of the comparison. The manufacturer 
may be requested to supply information to establish such an alternative 
minimum

[[Page 86]]

idle speed. The Administrator, in making or specifying these 
adjustments, may consider the effect of the deviation from the 
manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use heavy-duty engines or light-duty trucks. In determining 
likelihood, the Administrator may consider factors such as, but not 
limited to, the effect of the adjustment on engine or vehicle 
performance characteristics and surveillance information from similar 
in-use engines or vehicles.
    (c) Prior to performing exhaust emission testing on an SEA test 
engine, the manufacturer may accumulate on each engine a number of hours 
of service equal to the greater of 125 hours or the number of hours the 
manufacturer accumulated during certification on the emission-data 
engine corresponding to the configuration specified in the test order. 
Prior to performing exhaust emission testing on an SEA test vehicle, the 
manufacturer may accumulate a number of miles equal to the greater of 
4,000 miles or the number of miles the manufacturer accumulated during 
certification on the emission data vehicle corresponding to the 
configuration specified in the test order.
    (1) Service or mileage accumulation must be performed in a manner 
using good engineering judgment to obtain emission results 
representative of normal production vehicles. This service or mileage 
accumulation must be consistent with the new vehicle break-in 
instructions contained in the applicable vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate service at a minimum rate of 
16 hours per engine or mileage at a minimum rate of 300 miles per 
vehicle during each 24-hour period, unless otherwise provided by the 
Administrator.
    (i) The first 24 hour period for service or mileage accumulation 
shall begin as soon as authorization checks, inspections and 
preparations are completed on each engine or vehicle.
    (ii) The minimum service or mileage accumulation rate does not apply 
on weekends or holidays.
    (iii) If the manufacturer's service or mileage accumulation target 
is less than the minimum rate specified (16 hours or 300 miles per day), 
then the minimum daily accumulation rate shall be equal to the 
manufacturer's service or mileage accumulation target.
    (3) Service or mileage accumulation shall be completed on a 
sufficient number of test engines or vehicles during consecutive 24-hour 
periods to assure that the number of engines or vehicles tested per day 
fulfills the requirements of paragraph (g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles or engines after selection for testing, nor shall the 
Administrator allow deletion of any test vehicle or engine from the test 
sequence, unless requested by the manufacturer, and approved by the 
Administrator before any test vehicle or engine maintenance or deletion.
    (e) The manufacturer shall expeditiously ship test engines or 
vehicles from the point of selection to the test facility. If the test 
facility is not located at or in close proximity to the point of 
selection, the manufacturer shall assure that test engines or vehicles 
arrive at the test facility within 24 hours of selection: Except, that 
the Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If an engine or vehicle cannot complete the service or mileage 
accumulation or emission test because of a malfunction, the manufacturer 
may request that the Administrator authorize the repair of that engine 
or vehicle or its deletion from the test sequence.
    (g) Whenever a manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order which 
test facility will be used to comply with the test order. If no test 
cells are available at a desired facility, the manufacturer must provide 
alternate testing capability satisfactory to the Administrator.
    (1) Heavy-duty engine manufacturers with projected sales for the 
United States market for that year of 30,000 or greater shall complete 
emission testing at their facility on a minimum of two engines per 24-
hour period, including

[[Page 87]]

each voided test and each diesel engine smoke test.
    (2) Heavy-duty engine manufacturers with projected sales for the 
United States market for that year of less than 30,000 shall complete 
emission testing at their facility on a minimum of one engine per 24-
hour period, including each voided test and each diesel engine smoke 
test.
    (3) Light-duty truck manufacturers shall complete emission testing 
at their facility on a minimum of four engines per 24-hour period, 
including each voided test.
    (4) The Administrator may approve a lower daily rate of conducting 
emission tests based upon a request by a satisfactory justification.
    (h) The manufacturer shall perform test engine or vehicle selection, 
shipping, preparation, service or mileage accumulation, and testing in 
such a manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any engines or vehicles tested 
during a Selective Enforcement Audit once a fail decision for the audit 
has been reached in accordance with Sec. 86.1010-84(d) based on the 
first test on each engine or vehicle: Except, that the Administrator may 
approve retesting at other times based upon a request by the 
manufacturer accompanied by a satisfactory justification. The 
manufacturer may test each engine or vehicle a total of three times. The 
manufacturer shall test each engine or vehicle the same number of times. 
The manufacturer may accumulate additional service or mileage before 
conducting a retest, subject to the provisions of paragraph (c) of this 
section.

[54 FR 14560, Apr. 11, 1989, as amended at 57 FR 31922, July 17, 1992; 
58 FR 16046, Mar. 24, 1993; 62 FR 47123, Sept. 5, 1997]



Sec. 86.1008-96  Test procedures.

    Section 86.1008-96 includes text that specifies requirements that 
differ from Sec. 86.1008-90. Where a paragraph in Sec. 86.1008-90 is 
identical and applicable to Sec. 86.1008-96, this is indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1008-90.'' Where a corresponding paragraph of 
Sec. 86.1008-90 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a)(1)(i) For heavy-duty engines, the prescribed test procedure is 
the Federal Test Procedure, as described in subparts N, I, and P of this 
part.
    (ii) During the testing of heavy-duty diesel engines, the 
manufacturer shall decide for each engine, prior to the start of the 
initial cold cycle, whether the measurement of background particulate is 
required for the cold and hot cycles to be valid. The manufacturer may 
choose to have different requirements for the cold and hot cycles. If a 
manufacturer chooses to require the measurement of background 
particulate, failure to measure background particulate shall void the 
test cycle regardless of the test results. If a test cycle is void, the 
manufacturer shall retest using the same validity requirements of the 
initial test.
    (2) For light-duty trucks, the prescribed test procedures are the 
FTP as described in subparts B, C, and P of this part and the CST as 
described in subpart O of this part. The manufacturer may not perform 
the evaporative emission test procedure contained in subpart B. The 
Administrator may, based on advance application by a manufacturer, 
approve optional test procedures for use in Selective Enforcement Audit 
Testing.
    (3) [Reserved]. For guidance see Sec. 86.1008-90.
    (4) When testing light-duty trucks the following exception to the 
test procedures in subpart O of this part is applicable: manufacturer 
need not comply with Sec. 86.1442, since the records required therein 
are provided under other provisions of subpart K of this part.
    (ii) In addition to the requirements of subpart O of this part the 
manufacturer must prepare vehicles as described in paragraphs (a)(4)(ii) 
(A) through (C) of this section prior to exhaust emission testing.
    (A) The manufacturer must inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5 [plusmn] 0.5 inches of water to the fuel system, 
allowing the pressure to stabilize, and isolating the fuel system from 
the pressure source. Pressure must not drop more than 2.0 inches of 
water in

[[Page 88]]

five minutes. If required, the manufacturer performs corrective action 
in accordance with this section and must report this action in 
accordance with Sec. 86.1009.
    (B) When performing this pressure check, the manufacturer must 
exercise care to neither purge nor load the evaporative system.
    (C) The manufacturer may not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution.
    (5) [Reserved]. For guidance see Sec. 86.1008-90.
    (6) The Administrator may select and prescribe the sequence of any 
CSTs. Further, the Administrator may, on the basis of a written 
application by a manufacturer, prescribe minor test procedure variations 
from those set forth in paragraphs (a) (1) and (2) of this section for 
any heavy-duty engine or light-duty truck.
    (b) through (i) [Reserved]. For guidance see Sec. 86.1008-90.

[58 FR 58425, Nov. 1, 1993, as amended at 62 FR 47123, Sept. 5, 1997]



Sec. 86.1008-97  Test procedures.

    Section 86.1008-97 includes text that specifies requirements that 
differ from those specified in Secs. 86.1008-90 and 86.1008-96. Where a 
paragraph in Sec. 86.1008-90 or Sec. 86.1008-96 is identical and 
applicable to Sec. 86.1008-97, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.1008-90.'' or ``[Reserved]. For guidance see Sec. 86.1008-96.''
    (a)(1) [Reserved]. For guidance see Sec. 86.1008-96.
    (2) For light-duty trucks, the prescribed test procedures are the 
Federal Test Procedure, as described in subpart B and/or subpart R of 
this part, whichever is applicable, the idle CO test procedure as 
described in subpart P of this part, the cold temperature CO test 
procedure as described in subpart C of this part, and the Certification 
Short Test procedure as described in subpart O of this part. Where the 
manufacturer conducts testing based on the requirements specified in 
Chapter 1 or Chapter 2 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996), 
the prescribed test procedures are the procedures cited in the previous 
sentence, or substantially similar procedures, as determined by the 
Administrator. The California Regulatory Requirements Applicable to the 
National Low Emission Vehicle Program are incorporated by reference (see 
Sec. 86.1). For purposes of Selective Enforcement Audit testing, the 
manufacturer shall not be required to perform any of the test procedures 
in subpart B of this part relating to evaporative emission testing, 
except as specified in paragraph (a)(3) of this section. The 
Administrator may select and prescribe the sequence of any Certification 
Short Tests. Further, the Administrator may, on the basis of a written 
application by a manufacturer, approve optional test procedures other 
than those in subparts B, C, P, and O of this part for any motor vehicle 
which is not susceptible to satisfactory testing using the procedures in 
subparts B, C, P, and O of this part.
    (3) When testing light-duty trucks the following exceptions to the 
test procedures in subpart B and/or subpart R of this part are 
applicable:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications for mileage and service accumulation fuels of 
Sec. 86.113-94, or, for vehicles certified to the National LEV 
standards, the specifications of Sec. 86.1771. Otherwise, the 
manufacturer may use fuels other than those specified in this section 
only with the advance approval of the Administrator.
    (ii) [Reserved]. For guidance see Sec. 86.1008-90.
    (iii) The manufacturer may perform additional preconditioning on 
Selective Enforcement Audit test vehicles other than the preconditioning 
specified in Sec. 86.132, or Sec. 86.1773 for vehicles certified to the 
National LEV standards, only if the additional preconditioning had been 
performed on certification test vehicles of the same configuration.
    (a)(3)(iv) through (a)(3)(vii) [Reserved]. For guidance see 
Sec. 86.1008-90.
    (a)(3)(viii) The manufacturer need not comply with Sec. 86.142 or 
Sec. 86.1775, since the records required therein are provided under 
other provisions of this subpart.

[[Page 89]]

    (a)(3)(ix) [Reserved]. For guidance see Sec. 86.1008-90.
    (a)(4) [Reserved]. For guidance see Sec. 86.1008-96.
    (5) [Reserved]. For guidance see Sec. 86.1008-90.
    (6) [Reserved]. For guidance see Sec. 86.1008-96.
    (b) through (i) [Reserved]. For guidance see Sec. 86.1008-90.

[62 FR 31238, June 6, 1997]



Sec. 86.1008-2001  Test procedures.

    (a)(1)(i) For heavy-duty engines, the prescribed test procedure is 
the Federal Test Procedure as described in subparts N, I, and P of this 
part. The Administrator, may on the basis of a written application by a 
manufacturer, approve optional test procedures other than those in 
subparts N, I, and P of this part for any heavy-duty vehicle which is 
not susceptible to satisfactory testing using the procedures in subparts 
N, I, and P of this part.
    (ii) For heavy-duty vehicles the prescribed test procedures are the 
Fuel Dispensing Spitback Test as described in Sec. 86.1246-96 (for HDVs 
with a GVW of less than 14,000 pounds (6,400 kilograms)); this test for 
fuel spitback is conducted as a stand alone test, thus all references to 
the test sequence described in figure M96-1 of subpart M of this part 
can be ignored. Further, the Administrator may, on the basis of a 
written application by a manufacturer, approve optional test procedures 
other than those in subpart M of this part for any heavy-duty vehicle 
which is not susceptible to satisfactory testing using the procedures in 
subpart M of this part.
    (iii) During the testing of heavy-duty diesel engines, the 
manufacturer shall decide for each engine, prior to the start of the 
initial cold cycle, whether the measurement of background particulate is 
required for the cold and hot cycles to be valid. The manufacturer may 
choose to have different requirements for the cold and hot cycles. If a 
manufacturer chooses to require the measurement of background 
particulate, failure to measure background particulate shall void the 
test cycle regardless of the test results. If a test cycle is void, the 
manufacturer shall retest using the same validity requirements of the 
initial test.
    (2) For light-duty trucks, the prescribed test procedures are the 
Federal Test Procedure as described in subpart B and/or subpart R of 
this part, whichever is applicable, the idle CO test procedure as 
described in subpart P of this part, the cold temperature CO test 
procedure as described in subpart C of this part, and the Certification 
Short Test procedure as described in subpart O of this part. For 
purposes of Selective Enforcement Audit Testing, the manufacturer shall 
not be required to perform any of the test procedures in subpart B of 
this part relating to evaporative emission testing, other than refueling 
emissions testing, except as specified in paragraph (a)(3) of this 
section. The Administrator may select and prescribe the sequence of any 
CSTs. Further, the Administrator may, on the basis of a written 
application by a manufacturer, approve optional test procedures other 
than those in subparts B, C, P, O, and R of this part for any motor 
vehicle which is not susceptible to satisfactory testing using the 
procedures in subparts B, C, P, O, and R of this part.
    (3) When testing light-duty trucks, the following exceptions to the 
test procedures in subpart B and/or subpart R of this part are 
applicable to Selective Enforcement Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications for mileage and service accumulation fuels of 
Sec. 86.113, or, for vehicles certified to the National LEV standards, 
the specifications of Sec. 86.1771. Otherwise, the manufacturer may use 
fuels other than those specified in this section only with the advance 
approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131-96(a) with only a single temperature sensor, and may 
drain the test fuel from other than the lowest point of the tank, as 
specified in Sec. 86.131-96(b) and Sec. 86.152-98(a), provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the manufacturer and shall be made available upon request.

[[Page 90]]

    (iii) The manufacturer may perform additional preconditioning on SEA 
test vehicles other than the preconditioning specified in Sec. 86.132, 
or Sec. 86.1773 for vehicles certified to the National LEV standards, 
only if the additional preconditioning was performed on certification 
test vehicles of the same configuration.
    (iv) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
manufacturer shall perform the heat build procedure 11 to 34 hours 
following vehicle preconditioning rather than according to the time 
period specified in Sec. 86.133-90(a). All references to an evaporative 
emission enclosure and analyzing for HC during the heat build can be 
ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135-90(e): 
Provided, that the slave tires are the same size.
    (vi) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
cold start exhaust emission test described in Sec. 86.137-96 shall 
follow the heat build procedure described in Sec. 86.133-90 by not more 
than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140-94.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle 
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up 
for the HC analyzer, and for diesel vehicles, a minimum of two hours 
warm-up for the CO, CO2, and NOX analyzers. (Power 
is normally left on infrared and chemiluminescent analyzers. When not in 
use, the chopper motors of the infrared analyzers are turned off and the 
phototube high voltage supply to the chemiluminescent analyzers is 
placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, 
Sec. 86.155, or Sec. 86.1775 since the records required therein are 
provided under other provisions of this subpart K.
    (ix) If a manufacturer elects to perform the background 
determination procedure described in paragraph (a)(3)(xi) of this 
section in addition to performing the refueling emissions test 
procedure, the elapsed time between the initial and final FID readings 
shall be recorded, rounded to the nearest second rather than minute as 
described in Sec. 86.154-98(e)(8). In addition, the vehicle soak 
described in Sec. 86.153-98(e) shall be conducted with the windows and 
luggage compartment of the vehicle open.
    (x) The Administrator may elect to perform a seal test, described in 
Sec. 86.153-98(b), of both integrated and non-integrated systems instead 
of the full refueling test. When testing non-integrated systems, a 
manufacturer may conduct the canister purge described in Sec. 86.153-
98(b)(1) directly following the preconditioning drive described in 
Sec. 86.132-96(e) or directly following the exhaust emissions test 
described in Sec. 86.137-96.
    (xi) In addition to the refueling test, a manufacturer may elect to 
perform the following background emissions determination immediately 
prior to the refueling measurement procedure described in Sec. 86.154-
98, provided EPA is notified of this decision prior to the start of 
testing in an SEA.
    (A) The SHED shall be purged for several minutes immediately prior 
to the background determination. Warning: If at any time the 
concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately 
purged. This concentration provides a 4:1 safety factor against the lean 
flammability limit.
    (B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the background determination. If not 
already on, the enclosure mixing fan and the spilled fuel mixing blower 
shall be turned on at this time.
    (C) Place the vehicle in the SHED. The ambient temperature level 
encountered by the test vehicle during the entire background emissions 
determination shall be 80 [deg]F [plusmn]3 [deg]F. The windows and 
luggage compartment of the vehicle must be open and the gas cap must be 
secured.

[[Page 91]]

    (D) Seal the SHED. Immediately analyze the ambient concentration of 
hydrocarbons in the SHED and record. This is the initial background 
hydrocarbon concentration.
    (E) Soak the vehicle for ten minutes [plusmn]1 minute.
    (F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of the background determination.
    (G) Analyze the ambient concentration of hydrocarbons in the SHED 
and record. This is the final background hydrocarbon concentration.
    (H) The total hydrocarbon mass emitted during the background 
determination is calculated according to Sec. 86.156-98. To obtain a 
per-minute background emission rate, divide the total hydrocarbon mass 
calculated in this paragraph by the duration of the soak, rounded to the 
nearest second, described in paragraph (a)(3)(xi)(G) of this section.
    (I) The background emission rate is multiplied by the duration of 
the refueling measurement obtained in paragraph (a)(3)(ix) of this 
section. This number is then subtracted from the total grams of 
emissions calculated for the refueling test according to Sec. 86.156-
98(a) to obtain the adjusted value for total refueling emissions. The 
final results for comparison with the refueling emission standard shall 
be computed by dividing the adjusted value for total refueling mass 
emissions by the total gallons of fuel dispensed in the refueling test 
as described in Sec. 86.156-98(b).
    (xii) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles 
as follows prior to emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 Kpa) to the 
fuel system allowing the pressure to stabilize and isolating the fuel 
system from the pressure source. Following isolation of the fuel system, 
pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five 
minutes. If required, the manufacturer shall perform corrective action 
in accordance with paragraph (d) of this section and report this action 
in accordance with Sec. 86.1009-2001(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control systems.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control systems by component addition, deletion, 
or substitution, except to comply with paragraph (a)(3)(ii) of this 
section if approved in advance by the Administrator.
    (4) When testing light-duty trucks, the following exceptions to the 
test procedures in subpart C of this part are applicable to Selective 
Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel at 
other than the approximate mid-volume of the fuel tank, as specified in 
Sec. 86.131-90(a), and may drain the test fuel from other than the 
lowest point of the fuel tank as specified in Sec. 86.131-90(b), 
provided an equivalent method is used. Equivalency documentation shall 
be maintained by the manufacturer and shall be made available to the 
Administrator upon request.
    (ii) In performing exhaust sample analysis under Sec. 86.140-94, the 
manufacturer shall exercise care to prevent moisture from condensing in 
the sample collection bags.
    (iii) The manufacturer need not comply with Sec. 86.142-90 since the 
records required therein are provided under other provisions of this 
subpart K.
    (iv) In addition to the requirements of subpart C of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 Kpa) to the 
fuel system allowing the pressure to stabilize and isolating the fuel 
system from the pressure source. Following isolation of the fuel system, 
pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five 
minutes. If required, the manufacturer

[[Page 92]]

shall perform corrective action in accordance with paragraph (d) of this 
section and report this action in accordance with Sec. 86.1009-2001(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution, except if approved in advance by the Administrator, to 
comply with paragraph (a)(4)(ii) of this section.
    (5) When testing light-duty trucks, the exceptions to the test 
procedures in subpart O of this part applicable to Selective Enforcement 
Audit testing are listed in paragraphs (a)(5) (i) and (ii) of this 
section.
    (i) The manufacturer need not comply with Sec. 86.1442, since the 
records required therein are provided under provisions of this subpart 
K.
    (ii) In addition to the requirements of subpart O of this part, the 
manufacturer must prepare vehicles as in paragraphs (a)(5)(ii) (A) 
through (C) of this section prior to exhaust emission testing.
    (A) The manufacturer must inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5[plusmn]0.5 inches of water (3.6[plusmn]0.1 Kpa) to the 
fuel system, allowing the pressure to stabilize, and isolating the fuel 
system from the pressure source. Pressure must not drop more than 2.0 
inches of water (0.5 Kpa) in five minutes. If required, the manufacturer 
performs corrective action in accordance with this section and must 
report this action in accordance with Sec. 86.1009-2001.
    (B) When performing this pressure check, the manufacturer must 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1984 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for 
certification, Selective Enforcement Audit testing, and Production 
Compliance Audit testing in accordance with Sec. 86.090-22(c)(1), to any 
setting within the physically adjustable range of that parameter, as 
determined by the Administrator in accordance with Sec. 86.090-
22(e)(3)(ii), prior to the performance of any tests. However, if the 
idle speed parameter is one which the Administrator has determined to be 
subject to adjustment, the Administrator shall not adjust it to a 
setting which causes a lower engine idle speed than will be possible 
within the physically adjustable range of the idle speed parameter if 
the manufacturer had accumulated 125 hours of service on the engine or 
4,000 miles on the vehicle under paragraph (c) of this section, all 
other parameters being identically adjusted for the purpose of 
comparison. The manufacturer may be requested to supply information to 
establish such an alternative minimum idle speed. The Administrator, in 
making or specifying such adjustments, will consider the effect of the 
deviation from the manufacturer's recommended setting on emissions 
performance characteristics as well as the likelihood that similar 
settings will occur on in-use heavy-duty engines or light-duty trucks. 
In determining likelihood, the Administrator will consider factors such 
as, but not limited to, the effect of the adjustment on engine or 
vehicle performance characteristics and surveillance information from 
similar in-use vehicles.

[[Page 93]]

    (c) Prior to performing emission testing on an SEA test engine, the 
manufacturer may accumulate on each engine a number of hours of service 
equal to the greater of 125 hours or the number of hours the 
manufacturer accumulated during certification on the emission-data 
engine corresponding to the configuration specified in the test order. 
Prior to performing emission testing on an SEA test vehicle, the 
manufacturer may accumulate on each vehicle a number of miles equal to 
the greater of 4,000 miles, or the number of miles the manufacturer 
accumulated during certification on the emission-data vehicle 
corresponding to the configuration specified in the test order.
    (1) Service or mileage accumulation must be performed in a manner 
using good engineering judgment to obtain emission results 
representative of normal production vehicles. This service or mileage 
accumulation must be consistent with the new vehicle break-in 
instructions contained in the applicable vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate service at a minimum rate of 
16 hours per engine or mileage at a minimum rate of 300 miles per 
vehicle during each 24-hour period, unless otherwise provided by the 
Administrator.
    (i) The first 24-hour period for service or mileage accumulation 
shall begin as soon as authorization checks, inspections and 
preparations are completed on each engine or vehicle.
    (ii) The minimum service or mileage accumulation rate does not apply 
on weekends or holidays.
    (iii) If the manufacturer's service or mileage accumulation target 
is less than the minimum rate specified (16 hours or 300 miles per day), 
then the minimum daily accumulation rate shall be equal to the 
manufacturer's service or mileage accumulation target.
    (3) Service or mileage accumulation shall be completed on a 
sufficient number of test engines or vehicles during consecutive 24-hour 
periods to assure that the number of engines or vehicles tested per day 
fulfills the requirements of paragraph (g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles or engines after selection for testing, nor shall the 
Administrator allow deletion of any test vehicle or engine from the test 
sequence, unless requested by the manufacturer, and approved by the 
Administrator before any test vehicle or engine maintenance or deletion.
    (e) The manufacturer shall expeditiously ship test engines or 
vehicles from the point of selection to the test facility. If the test 
facility is not located at or in close proximity to the point of 
selection, the manufacturer shall assure that the test engines or 
vehicles arrive at the test facility within 24 hours of selection: 
Except, that the Administrator may approve more time based upon a 
request by the manufacturer accompanied by a satisfactory justification.
    (f) If an engine or vehicle cannot complete the service or mileage 
accumulation or emission test because of a malfunction, the manufacturer 
may request that the Administrator authorize the repair of that engine 
or vehicle or its deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test order and the number 
of available test cells at that facility. If no test cells are available 
at the desired facility, the manufacturer must provide alternate testing 
capability satisfactory to the Administrator.
    (1) Heavy-duty engine manufacturers with projected sales for the 
United States market for that year of 30,000 or greater shall complete 
emission testing at their facility on a minimum of two engines per 24-
hour period, including each voided test and each diesel engine smoke 
test.
    (2) Heavy-duty engine manufacturers with projected sales for the 
United States market for that year of less than 30,000 shall complete 
emission testing at their facility on a minimum of one engine per 24-
hour period, including each voided test and each diesel engine smoke 
test.
    (3) Light-duty truck and heavy-duty vehicle manufacturers shall 
perform a

[[Page 94]]

combination of tests pursuant to paragraph (a) of this section so that a 
minimum of four tests are performed per 24 hour period, including voided 
tests, for each available test cell.
    (4) The Administrator may approve a longer period based upon a 
request by a manufacturer accompanied by satisfactory justification.
    (h) The manufacturer shall perform test engine or vehicle selection, 
shipping, preparation, service or mileage accumulation, and testing in 
such a manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle or engine after a 
fail decision has been reached in accordance with Sec. 86.1010-2001(d) 
based on the first test on each vehicle or engine; except that the 
Administrator may approve retests at other times during the audit based 
upon a request by the manufacturer accompanied by a satisfactory 
justification. The manufacturer may test each vehicle or engine a total 
of three times. The manufacturer shall test each vehicle or engine the 
same number of times. The manufacturer may accumulate additional service 
or mileage before conducting retests, subject to the provisions of 
paragraph (c) of this section.

[59 FR 16305, Apr. 6, 1994, as amended at 62 FR 31239, June 6, 1997; 62 
FR 47123, Sept. 5, 1997]



Sec. 86.1008-2004  Test procedures.

    Section 86.1008-2004 includes text that specifies requirements that 
differ from Sec. 86.1008-2001. Where a paragraph in Sec. 86.1008-2001 is 
identical and applicable to Sec. 86.1008-2004, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1008-2001.''.
    (a)(1)(i) For heavy-duty engines, the prescribed test procedure is 
the Federal Test Procedure as described in subparts N, I, and P of this 
part, except that 2004 and later model year engines shall not be subject 
to the test procedures specified in Sec. 86.1380, and 2007 and later 
model year engines shall not be subject to the test procedures specified 
in Secs. 86.1360(b)(2), 86.1360(f), 86.1370, and 86.1372. The 
Administrator may, on the basis of a written application by a 
manufacturer, approve optional test procedures other than those in 
subparts N, I, and P of this part for any heavy-duty vehicle which is 
not susceptible to satisfactory testing using the procedures in subparts 
N, I, and P of this part.
    (a)(1)(ii) through (i) [Reserved]. For guidance see Sec. 86.1008-
2001.

[65 FR 59957, Oct. 6, 2000]



Sec. 86.1009-84  Calculation and reporting of test results.

    (a) Initial test results are calculated following the Federal Test 
Procedure specified in Sec. 86.1008-94(a). Round the initial test 
results to the number of decimal places contained in the applicable 
emission standard, expressed to one additional significant figure. 
Rounding shall be done in accordance with ASTM E 29-90, Standard 
Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications. This procedure has been incorporated by 
reference (see Sec. 86.1).
    (b) Final test results for each test vehicle shall be calculated by 
summing the initial test results derived in paragraph (a) of this 
section for each test engine or vehicle, dividing by the number of tests 
conducted on the engine or vehicle, and rounding to the same number of 
decimal places contained in the applicable emission standard, expressed 
to one additional significant figure. Rounding shall be done in 
accordance with ASTM E 29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications. This 
procedure has been incorporated by reference (see Sec. 86.1).
    (c) Final deteriorated test results. (1) The final deteriorated test 
results for each heavy-duty engine or light-duty truck tested according 
to subpart B, C, D, N, or P of this part are calculated by either adding 
or multiplying, as specified in subpart A of this part for the 
applicable engine family control system combination, the appropriate 
deterioration factor to the final test results for each vehicle or 
engine.
    (2) The final deteriorated test results for each heavy-duty engine 
tested according to subpart I of this part are calculated by adding the 
appropriate deterioration factor, derived from the

[[Page 95]]

certification process for the engine family-control system combination 
and model year for the selected configuration to which the test engine 
belongs, to the final test results. If the deterioration factor computed 
during the certification process is less than zero, that deterioration 
factor will be zero.
    (3) There are no deterioration factors for light-duty trucks tested 
in accordance with Sec. 86.146-96 of subpart B of this part or for 
heavy-duty vehicles tested in accordance with Sec. 86.1246-96 of subpart 
M of this part. Accordingly, for the Fuel Dispensing Spitback Test the 
term ``final deteriorated test results'' shall mean the final test 
results derived in paragraph (b) of this section for each test vehicle, 
rounded to the same number of significant figures contained in the 
applicable standard in accordance with ASTM E 29-90, Standard Practice 
for Using Significant Digits in Test Data to Determine Conformance with 
Specifications. This procedure has been incorporated by reference (see 
Sec. 86.1).
    (4) The final deteriorated test results are rounded to the same 
number of significant figures contained in the applicable standard in 
accordance with ASTM E 29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications. This 
procedure has been incorporated by reference (see Sec. 86.1).
    (d) Within five working days after completion of testing of all 
engines or vehicles pursuant to a test order, the manufacturer shall 
submit to the Administrator a report which includes the following 
information:
    (1) The location and description of the manufacturer's exhaust 
emission test facilities which were utilized to conduct testing reported 
pursuant to this section;
    (2) The applicable standards or compliance levels against which the 
engines or vehicles were tested;
    (3) Deterioration factors for the engine family to which the 
selected configuration belongs;
    (4) A description of the engine or vehicle and any emission-related 
component selection method used;
    (5) For each test conducted,
    (i) Test engine or vehicle description, including:
    (A) Configuration and engine family identification,
    (B) Year, make and build date,
    (C) Engine or vehicle identification number, and
    (D) Number of hours of service accumulated on engine or number of 
miles on vehicle prior to testing;
    (ii) Location where service or mileage accumulation was conducted 
and description of accumulation procedure and schedule;
    (iii) Test number, date, initial test results before and after 
rounding, final test results and final deteriorated test results for all 
exhaust emission tests, whether valid or invalid, and the reason for 
invalidation, if applicable;
    (iv) A complete description of any modification, repair, 
preparation, maintenance, and/or testing which was performed on the test 
engine or vehicle and has not been reported pursuant to any other 
paragraph of this subpart and will not be performed on all other 
production engines or vehicles;
    (v) Where an engine or vehicle was deleted from the test sequence by 
authorization of the Administrator, the reason for the deletion;
    (vi) For all valid and invalid exhaust emission tests, carbon 
dioxide emission values for LDTs and brake-specific fuel consumption 
values for HDEs; and
    (vii) Any other information the Administrator may request relevant 
to the determination as to whether the new heavy-duty engines or light-
duty trucks being manufactured by the manufacturer do in fact conform 
with the regulations with respect to which the certificate of conformity 
was issued; and
    (6) The following statement and endorsement:

    This report is submitted pursuant to Sections 206 and 208 of the 
Clean Air Act. This Selective Enforcement Audit was conducted in 
complete conformance with all applicable regulations under 40 CFR part 
86 et seq., and the conditions of the test order. No emission-related 
changes to production processes or quality control procedures for the 
vehicle or engine configuration tested have been made between receipt of 
the test order and conclusion of the audit. All data and information 
reported herein is, to the best of

[[Page 96]]

________________________________________________________________________
(Company Name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)

[45 FR 63772, Sept. 25, 1980, as amended at 48 FR 52209, Nov. 16, 1983; 
50 FR 35387, Aug. 30, 1985; 57 FR 31923, July 17, 1992; 58 FR 16046, 
Mar. 24, 1993]



Sec. 86.1009-96  Calculation and reporting of test results.

    Section 86.1009-96 includes text that specifies requirements that 
differ from Sec. 86.1009-84. Where a paragraph in Sec. 86.1009-84 is 
identical and applicable to Sec. 86.1009-96, this is indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1009-84.'' Where a corresponding paragraph of 
Sec. 86.1009-84 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) Initial test results are calculated following the test 
procedures specified in Sec. 86.1008(a). Round these results to the 
number of decimal places contained in the applicable emission standard 
expressed to one additional significant figure. Rounding is done in 
accordance with ASTM E 29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications. This 
procedure has been incorporated by reference (see Sec. 86.1).
    (b) Final test results are calculated by summing the initial test 
results within a specific FTP, CST, or Cold Temperature CO Test 
Procedure derived in paragraph (a) of this section for each test engine 
or vehicle, dividing by the number of times that specific FTP, CST, or 
Cold Temperature CO Test Procedure has been conducted on the engine or 
vehicle, and rounding in accordance with ASTM E29-90 to the same number 
of decimal places contained in the applicable standard expressed to one 
additional significant figure. Rounding is done in accordance with ASTM 
E 29-90, Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications. This procedure has been 
incorporated by reference (see Sec. 86.1).
    (c) Final deteriorated test results. (1) The final deteriorated test 
results for each heavy-duty engine or light-duty truck tested according 
to subpart B, C, D, I, N, or P of this part are calculated by 
multiplying or adding the final test results by the appropriate 
deterioration factor, derived from the certification process for the 
engine family-control system combination and model year for the selected 
configuration to which the test engine or vehicle belongs. If the 
multiplicative deterioration factor as computed during the certification 
process is less than one, that deterioration factor is one. If the 
additive deterioration factor as computed during the certification 
process is less than zero, that deterioration factor will be zero.
    (2) [Reserved]
    (3)(i) There are no deterioration factors for light-duty vehicles 
tested in accordance with subpart O of this part. Accordingly, for the 
CST the term ``final deteriorated test results'' means the final test 
results derived in paragraph (b) of this section for each test vehicle.
    (ii) There are no deterioration factors for light-duty trucks tested 
in accordance with Sec. 86.146-96 or for heavy-duty vehicles tested in 
accordance with Sec. 86.1246-96. Accordingly, for the Fuel Dispensing 
Spitback Test the term ``final deteriorated test results'' means the 
final test results derived in paragraph (b) of this section for each 
test vehicle.
    (4) The final deteriorated test results are rounded to the same 
number of significant figures contained in the applicable standard in 
accordance with ASTM E 29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications. This 
procedure has been incorporated by reference (see Sec. 86.1).
    (d) [Reserved]. For guidance see Sec. 86.1009-84.

[58 FR 58425, Nov. 1, 1993]



Sec. 86.1009-97  Calculation and reporting of test results.

    Section 86.1009-97 includes text that specifies requirements that 
differ from those specified in Secs. 86.1009-84 and 86.1009-96. Where a 
paragraph in Sec. 86.1009-84 or Sec. 86.1009-96 is identical

[[Page 97]]

and applicable to Sec. 86.1009-97, this may be indicated by specifying 
the corresponding paragraph and the statement ``[Reserved]. For guidance 
see Sec. 86.1009-84.'' or ``[Reserved]. For guidance see Sec. 86.1009-
96.''.
    (a) and (b) [Reserved]. For guidance see Sec. 86.1009-96.
    (c) Final deteriorated test results. (1) The final deteriorated test 
results for each heavy-duty engine or light-duty truck tested according 
to subpart B, C, D, I, N, P, or R of this part are calculated by first 
multiplying or adding, as appropriate, the final test results by or to 
the appropriate deterioration factor derived from the certification 
process for the engine family control system combination and model year 
to which the selected configuration belongs, and then by multiplying by 
the appropriate reactivity adjustment factor, if applicable. If the 
multiplicative deterioration factor as computed during the certification 
process is less than one, that deterioration factor will be one. If the 
additive deterioration factor as computed during the certification 
process is less than zero, that deterioration factor will be zero.
    (c)(2) [Reserved]
    (c)(3) through (c)(4) [Reserved]. For guidance see Sec. 86.1009-96.
    (d) [Reserved]. For guidance see Sec. 86.1009-84.

[62 FR 31239, June 6, 1997]



Sec. 86.1009-2001  Calculation and reporting of test results.

    (a) Initial test results are calculated following the Federal Test 
Procedure specified in Sec. 86.1008-2001(a). Rounding is done in 
accordance with ASTM E 29-67 (reapproved 1980) (as referenced in 
Sec. 86.094-28 (a)(4)(i)(B)(2)(ii) to the number of decimal places 
contained in the applicable emission standard expressed to one 
additional significant figure.
    (b) Final test results are calculated by summing the initial test 
results derived in paragraph (a) of this section for each test vehicle 
or engine, dividing by the number of times that specific test has been 
conducted on the vehicle or engine, and rounding to the same number of 
decimal places contained in the applicable standard expressed to one 
additional significant figure. Rounding is done in accordance with ASTM 
E 29-67 (reapproved 1980) (as referenced in Sec. 86.094-
28(a)(4)(i)(B)(2)(ii)).
    (c) Final deteriorated test results. (1) The final deteriorated test 
results for each light-duty truck, heavy-duty engine, or heavy-duty 
vehicle tested according to subpart B, C, D, I, M, N, P, or R of this 
part are calculated by first multiplying or adding, as appropriate, the 
final test results by or to the appropriate deterioration factor derived 
from the certification process for the engine or evaporative/refueling 
family and model year to which the selected configuration belongs, and 
then by multiplying by the appropriate reactivity adjustment factor, if 
applicable. For the purpose of this paragraph (c), if a multiplicative 
deterioration factor as computed during the certification process is 
less than one, that deterioration factor will be one. If an additive 
deterioration factor as computed during the certification process is 
less than zero, that deterioration factor will be zero.
    (2) Exceptions. There are no deterioration factors for light-duty 
truck emissions obtained during testing in accordance with subpart O of 
this part or with Sec. 86.146-96. Accordingly, for the CST and the fuel 
dispensing spitback test the term ``final deteriorated test results'' 
means the final test results derived in paragraph (b) of this section 
for each test vehicle.
    (3) The final deteriorated test results obtained in paragraph (c) 
(1) and (2) of this section are rounded to the same number of decimal 
places contained in the applicable emission standard. Rounding is done 
in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in 
Sec. 86.094-28(a)(4)(i)(B)(2)(ii)).
    (d) Within five working days after completion of testing of all 
engines or vehicles pursuant to a test order, the manufacturer shall 
submit to the Administrator a report which includes the following 
information:
    (1) The location and description of the manufacturer's emission test 
facilities which were utilized to conduct testing reported pursuant to 
this section.
    (2) The applicable standards or compliance levels against which the 
engines or vehicles were tested.

[[Page 98]]

    (3) Deterioration factors for the selected configuration.
    (4) A description of the engine or vehicle and any emission-related 
component selection method used.
    (5) For each test conducted.
    (i) Test engine or vehicle description including:
    (A) Configuration, engine family, and evaporative/refueling family 
identification.
    (B) Year, make, build date, and model of vehicle.
    (C) Vehicle Identification Number.
    (D) Miles accumulated on vehicle.
    (ii) Location where mileage accumulation was conducted and 
description of accumulation schedule.
    (iii) Test number, date initial test results, final results and 
final deteriorated test results for all valid and invalid exhaust 
emission tests, and the reason for invalidation, if applicable.
    (iv) A complete description of any modification, repair, 
preparation, maintenance and/or testing which was performed on the test 
engine or vehicle and has not been reported pursuant to any other 
paragraph of this subpart and will not be performed on all other 
production engines or vehicles.
    (v) Where an engine or vehicle was deleted from the test sequence by 
authorization of the Administrator, the reason for the deletion.
    (vi) For all valid and invalid exhaust emission tests, carbon 
dioxide emission values for LDTs and brake-specific fuel consumption 
values for HDEs.
    (vii) Any other information the Administrator may request relevant 
to the determination as to whether the new motor vehicles being 
manufactured by the manufacturer do in fact conform with the regulations 
with respect to which the certificate of conformity was issued.
    (6) The following statement and endorsement:

    This report is submitted pursuant to sections 206 and 208 of the 
Clean Air Act. This Selective Enforcement Audit was conducted in 
complete conformance with all applicable regulations under 40 CFR part 
86 and the conditions of the test order. No emission related change(s) 
to production processes or quality control procedures for the engine or 
vehicle configuration tested have been made between receipt of this test 
order and conclusion of the audit. All data and information reported 
herein is, to the best of

________________________________________________________________________
(Company Name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)

[59 FR 16308, Apr. 6, 1994, as amended at 62 FR 31239, June 6, 1997]



Sec. 86.1010-96  Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed engine or vehicle is one whose final deteriorated test 
results pursuant to Sec. 86.1009(c), for one or more of the applicable 
pollutants, including fuel spitback, exceed the applicable emission 
standard or compliance level. For the CST as described in subpart O of 
this part, a vehicle fail determination is made if the final 
deteriorated test results for HC and/or CO emissions from any CST exceed 
the applicable emission standard.
    (c) Pass/fail criteria. (1) The manufacturer must test heavy-duty 
engines, heavy duty vehicles, or light-duty trucks comprising the test 
sample until a pass decision is reached for all pollutants, or a fail 
decision is reached for one pollutant. A pass decision is reached when 
the cumulative number of failed engines or vehicles, as defined in 
paragraph (b) of this section, for each pollutant is less than or equal 
to the pass decision number appropriate to the cumulative number of 
engines or vehicles tested. A fail decision is reached when the 
cumulative number of failed engines or vehicles for one or more 
pollutants is greater than or equal to the fail decision number 
appropriate to the cumulative number of engines or vehicles tested. The 
pass and fail decision numbers associated with the cumulative number of 
engines or vehicles tested are determined by use of the tables in 
appendix X to this part appropriate to the projected sales as made by 
the heavy-duty engine or heavy-duty vehicle manufacturer in its 
Application for Certification, or as

[[Page 99]]

made by the light-duty truck manufacturer as made in its report 
submitted under Sec. 600.207-80(a)(2) of this chapter (Automobile Fuel 
Economy Regulations). In the tables in appendix X to this part, sampling 
plan ``stage'' refers to the cumulative number of engines or vehicles 
tested. Once a pass or fail decision has been made for a particular 
pollutant, the number of engines or vehicles whose final deteriorated 
test results exceed the emission standard or compliance level, if 
applicable, for that pollutant may not be considered any further for 
purposes of the audit.
    (2) CST criteria only. A pass/fail decision is made based on the CST 
in its entirety rather than on a per pollutant basis. The manufacturer 
must test vehicles comprising the test sample until a pass or fail 
decision is reached for the CST. A pass decision is reached when the 
cumulative number of failed vehicles, as defined in paragraph (b) of 
this section, based on CST testing, is less than or equal to the pass 
decision number appropriate to the cumulative number of vehicles tested. 
A fail decision is reached when the cumulative number of failed vehicles 
based on CST testing is greater than or equal to the fail decision 
number appropriate to the cumulative number of vehicles tested. The pass 
and fail decision numbers associated with the cumulative number of 
vehicles tested are determined by use of the tables in appendix X to 
this part appropriate to the projected sales as made by the light-duty 
truck manufacturer as made in its report submitted under Sec. 600.207-
80(a)(2) of this chapter (Automobile Fuel Economy Regulations). In the 
tables in appendix X to this part, sampling plan ``stage'' refers to the 
cumulative number of engines or vehicles tested. Once a pass or fail 
decision has been made based on CST testing, the number of vehicles 
whose final deteriorated test results exceed any of the emission 
standards for any CST may not be considered any further for purposes of 
the audit.
    (d) Passing or failing of a SEA occurs when the decision is made on 
the last engine or vehicle required to make a decision under paragraph 
(c) of this section.
    (e) The Administrator may terminate testing earlier than required in 
paragraph (c) of this section.

[58 FR 58426, Nov. 1, 1993]



Sec. 86.1010-2001  Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed vehicle or engine is one whose final deteriorated test 
results pursuant to Sec. 86.1009-2001(c) exceed at least one of the 
applicable emission standards associated with the test procedures 
pursuant to Sec. 86.1008-2001(a).
    (c)(1) Pass/fail criteria. The manufacturer shall test light-duty 
trucks, heavy-duty engines, or heavy-duty vehicles comprising the test 
sample until a pass decision is reached for all of the pollutants 
associated with all of the test procedures pursuant to Sec. 86.1008-
2001(a) or a fail decision is reached for one of these pollutants. A 
pass decision is reached when the cumulative number of failed vehicles 
or engines, as defined in paragraph (b) of this section, for each 
pollutant is less than or equal to the fail decision number appropriate 
to the cumulative number of vehicles tested. A fail decision is reached 
when the cumulative number of failed vehicles or engines for one 
pollutant is greater than or equal to the fail decision number 
appropriate to the cumulative number of vehicles tested. The pass and 
fail decision numbers associated with the cumulative number of vehicles 
tested are determined by use of the tables in appendix X of this part 
appropriate to the projected sales as made by the heavy-duty engine or 
heavy-duty vehicle manufacturer in its Application for Certification, or 
as made by the light-duty truck manufacturer in its report submitted 
under Sec. 600.207-80(a)(2) of this chapter (Automobile Fuel Economy 
Regulations). In the tables in appendix X of this part, sampling plan 
``stage'' refers to the cumulative number of vehicles or engines tested. 
Once a pass decision has been made for a particular pollutant associated 
with a particular test procedure pursuant to Sec. 86.1008-2001(a), the 
number of vehicles or engines whose final deteriorated test results 
exceed the

[[Page 100]]

emission standard for that pollutant may not be considered any further 
for purposes of the audit.
    (2) CST criteria only. For CST testing pursuant to subpart O, a pass 
or fail decision is determined according to the pass/fail criteria 
described in paragraph (c)(1) of this section, except that for each 
vehicle, the CST in its entirety is considered one pollutant.
    (d) Passing or failing of an SEA audit occurs when the decision is 
made on the last vehicle or engine required to make a decision under 
paragraph (c) of this section.
    (e) The Administrator may terminate testing earlier than required in 
paragraph (c) of this section.

[59 FR 16309, Apr. 6, 1994]



Sec. 86.1012-84  Suspension and revocation of certificates of conformity.

    (a) The certificate of conformity is suspended with respect to any 
engine or vehicle failing pursuant to paragraph (b) of Sec. 86.1010-84 
effective from the time that testing of that engine or vehicle is 
completed.
    (b) The Administrator may suspend the certificate of conformity for 
a configuration which does not pass an SEA, pursuant to paragraph 
Sec. 86.1010-84(c), based on the first test or all tests conducted on 
each engine or vehicle. This suspension will not occur before ten days 
after failure to pass the audit.
    (c)-(d) [Reserved]
    (e) If the results of testing pursuant to these regulations indicate 
that engines or vehicles of a particular configuration produced at one 
plant of a manufacturer do not conform to the regulations with respect 
to which the certificate of conformity was issued, the Administrator may 
suspend the certificate of conformity with respect to that configuration 
for engines or vehicles manufactured by the manufacturer at all other 
plants.
    (f) [Reserved]
    (g) The Administrator shall notify the manufacturer in writing of 
any suspension or revocation of a certificate of conformity in whole or 
in part: Except, That the certificate is immediately suspended with 
respect to any failed engines or vehicles as provided for in paragraph 
(a) of this section.
    (h) The Administrator may revoke a certificate of conformity for a 
configuration when the certificate has been suspended pursuant to 
paragraph (b), (c) or (e) of this section if the proposed remedy for the 
nonconformity, as reported by the manufacturer to the Administrator, is 
one requiring a design change or changes to the engine and/or emission 
control system as described in the Application for Certification of the 
affected configuration.
    (i) Once a certificate has been suspended for a failed engine or 
vehicle as provided for in paragraph (a) of this section, the 
manufacturer shall take the following actions:
    (1) Before the certificate is reinstated for that failed engine or 
vehicle,
    (i) Remedy the nonconformity, and
    (ii) Demonstrate that the engine or vehicle conforms to applicable 
standards or compliance levels by retesting the engine or vehicle in 
accordance with these regulations; and
    (2) Submit a written report to the Administrator, after successful 
completion of testing on the failed engine or vehicle, which contains a 
description of the remedy and test results for each engine or vehicle in 
addition to other information that may be required by this regulation.
    (j) Once a certificate for a failed configuration has been suspended 
pursuant to paragraph (b), (c) or (e) of this section, the manufacturer 
shall take the following actions before the Administrator will consider 
reinstating the certificate:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the engines or vehicles, describes 
the proposed remedy, including a description of any proposed quality 
control and/or quality assurance measures to be taken by the 
manufacturer to prevent future occurrences of the problem, and states 
the date on which the remedies will be implemented; and
    (2) Demonstrate that the engine or vehicle configuration for which 
the certificate of conformity has been suspended does in fact comply 
with these regulations by testing engines or vehicles selected from 
normal production runs of that engine or vehicle configuration, at the 
plant(s) or associated

[[Page 101]]

storage facilities specified by the Administrator, in accordance with 
the conditions specified in the initial test order. If the manufacturer 
elects to continue testing individual engines or vehicles after 
suspension of a certificate, the certificate is reinstated for any 
engine or vehicle actually determined to be in conformance with the 
applicable standards or compliance levels through testing in accordance 
with the applicable test procedures, provided that the Administrator has 
not revoked the certificate pursuant to paragraph (h) of this section.
    (k) Once the certificate has been revoked for a configuration and 
the manufacturer desires to continue introduction into commerce of a 
modified version of that configuration, the following actions shall be 
taken before the Administrator may consider issuing a certificate for 
that modified configuration:
    (1) If the Administrator determines that the proposed change(s) in 
engine or vehicle design may have an effect on emission performance 
deterioration or, in the case of light-duty trucks, on fuel economy, the 
Administrator shall notify the manufacturer, within five (5) working 
days after receipt of the report in paragraph (h) of this section, 
whether subsequent testing under this subpart will be sufficient to 
evaluate the proposed change or changes or whether additional testing 
will be required; and
    (2) After implementing the change or changes intended to remedy the 
nonconformity, the manufacturer shall demonstrate that the modified 
engine or vehicle configuration does in fact conform with these 
regulations by testing engines or vehicles selected from normal 
production runs of that modified engine or vehicle configuration in 
accordance with the conditions specified in the initial test order. This 
testing will be considered by the Administrator to satisfy the testing 
requirements of Sec. 86.078-32 or Sec. 86.079-33 if the Administrator 
has so notifed the manufacturer. If the subsequent audit results in 
passing of the audit at the level of the standards or compliance levels, 
if applicable, the Administrator shall reissue or amend the certificate, 
as the case may be, to include that configuration, provided that the 
manufacturer has satisfied the testing requirements of paragraph (k)(1) 
of this section. If the subsequent audit is failed, the revocation 
remains in effect. Any design change approvals under this subpart are 
limited to the configuration affected by the test order.
    (l) At any time subsequent to an initial suspension of a certificate 
of conformity for a test engine or vehicle pursuant to paragraph (a) of 
this section, but not later than fifteen (15) days or such other period 
as may be allowed by the Administrator after notification of the 
Administrator's decision to suspend or revoke a certificate of 
conformity in whole or in part pursuant to paragraphs (b), (c), (d), 
(e), or (h) of this section, a manufacturer may request a hearing as to 
whether the tests have been properly conducted or any sampling methods 
have been properly applied.
    (m) After the Administrator suspends or revokes a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend, revoke or void a certificate of conformity under 
paragraph Sec. 86.087-30(e), and prior to the commencement of a hearing 
under Sec. 86.1014-84, if the manufacturer demonstrates to the 
Administrator's satisfaction that the decision to suspend, revoke or 
void the certificate was based on erroneous information, the 
Administrator shall reinstate the certificate.
    (n) To permit a manufacturer to avoid storing non-test engines or 
vehicles when conducting an audit of a configuration subsequent to 
suspension or revocation of the certificate of conformity for that 
configuration resulting from failure of an SEA, it may request that the 
Administrator conditionally reinstate the certificate for that 
configuration. The Administrator may reinstate the certificate subject 
to the condition that the manufacturer consents to recall all engines or 
vehicles of that configuration produced from the time the certificate is 
conditionally reinstated if the configuration fails the subsequent audit 
at the level

[[Page 102]]

of the standard and to remedy any nonconformity at no expense to the 
owner.

[45 FR 63772, Sept. 25, 1980, as amended at 48 FR 52209, Nov. 16, 1983; 
50 FR 35387, Aug. 30, 1985]



Sec. 86.1012-97  Suspension and revocation of certificates of conformity.

    (a) The certificate of conformity is immediately suspended with 
respect to any engine or vehicle failing pursuant to Sec. 86.1010(b) 
effective from the time that testing of that engine or vehicle is 
completed.
    (b)(1) Selective Enforcement Audits. The Administrator may suspend 
the certificate of conformity for a configuration that does not pass a 
Selective Enforcement Audit pursuant to Sec. 86.1010(c) based on the 
first test, or all tests, conducted on each engine or vehicle. This 
suspension will not occur before ten days after failure to pass the 
audit.
    (2) California Assembly-Line Quality Audit Testing. The 
Administrator may suspend the certificate of conformity for a 50-state 
engine family or configuration tested in accordance with procedures 
prescribed under Sec. 86.1008 that the Executive Officer has determined 
to be in non-compliance with one or more applicable pollutants based on 
Chapter 1 or Chapter 2 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996), 
if the results of vehicle testing conducted by the manufacturer do not 
meet the acceptable quality level criteria pursuant to Sec. 86.1010. The 
California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996) are incorporated by reference 
(see Sec. 86.1). A vehicle that is tested by the manufacturer in 
accordance with procedures prescribed under Sec. 86.1008 and determined 
to be a failing vehicle pursuant to Chapter 1 or Chapter 2 of the 
California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996) will be treated as a failed 
vehicle described in Sec. 86.1010(b), unless the manufacturer can show 
that the vehicle would not be considered a failed vehicle using the test 
procedures specified in Sec. 86.1008. This suspension will not occur 
before ten days after the manufacturer receives written notification 
that the Administrator has determined the 50-state engine family or 
configuration exceeds one or more applicable federal standards.
    (c)(1) Selective Enforcement Audits. If the results of engine or 
vehicle testing pursuant to the requirements of this subpart indicate 
that engines or vehicles of a particular configuration produced at more 
than one plant do not conform to the regulations with respect to which 
the certificate of conformity was issued, the Administrator may suspend 
the certificate of conformity with respect to that configuration for 
engines or vehicles manufactured by the manufacturer in other plants of 
the manufacturer.
    (2) California Assembly-Line Quality Audit Testing. If the 
Administrator determines that the results of vehicle testing pursuant to 
Chapter 1 or Chapter 2 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996) 
and the procedures prescribed in Sec. 86.1008 indicate the vehicles of a 
particular 50-state engine family or configuration produced at more than 
one plant do not conform to applicable regulations with respect to which 
a certificate of conformity was issued, the Administrator may suspend, 
pursuant to paragraph (b)(2) of this section, the certificate of 
conformity with respect to that engine family or configuration for 
vehicles manufactured by the manufacturer in other plants of the 
manufacturer. The California Regulatory Requirements Applicable to the 
National Low Emission Vehicle Program (October, 1996) are incorporated 
by reference (see Sec. 86.1).
    (d) The Administrator will notify the manufacturer in writing of any 
suspension or revocation of a certificate of conformity in whole or in 
part: Except, that the certificate is immediately suspended with respect 
to any failed engines or vehicles as provided for in paragraph (a) of 
this section.
    (e)(1) Selective Enforcement Audits. The Administrator may revoke a 
certificate of conformity for a configuration when the certificate has 
been suspended pursuant to paragraph (b)(1) or (c)(1) of this section if 
the proposed

[[Page 103]]

remedy for the nonconformity, as reported by the manufacturer to the 
Administrator is one requiring a design change(s) to the engine and/or 
emission control system as described in the Application for 
Certification of the affected configuration.
    (2) California Assembly-Line Quality Audit Testing. The 
Administrator may revoke a certificate of conformity for an engine 
family or configuration when the certificate has been suspended pursuant 
to paragraph (b)(2) or (c)(2) of this section if the proposed remedy for 
the nonconformity, as reported by the manufacturer to the Executive 
Officer and/or the Administrator, is one requiring a design change(s) to 
the engine and/or emission control system as described in the 
Application for Certification of the affected engine family or 
configuration.
    (f) Once a certificate has been suspended for a failed engine or 
vehicle as provided for in paragraph (a) of this section, the 
manufacturer must take the following actions:
    (1) Before the certificate is reinstated for that failed engine or 
vehicle--
    (i) Remedy the nonconformity; and
    (ii) Demonstrate that the engine or vehicle's final deteriorated 
test results conform to the applicable emission standards or family 
particulate emission limits, as defined in this part 86 by retesting the 
engine or vehicle in accordance with the requirements of this subpart.
    (2) Submit a written report to the Administrator within thirty days 
after successful completion of testing on the failed engine or vehicle, 
which contains a description of the remedy and test results for the 
engine or vehicle in addition to other information that may be required 
by this subpart.
    (g) Once a certificate has been suspended pursuant to paragraph (b) 
or (c) of this section, the manufacturer must take the following actions 
before the Administrator will consider reinstating such certificate:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the vehicles, describes the proposed 
remedy, including a description of any proposed quality control and/or 
quality assurance measures to be taken by the manufacturer to prevent 
the future occurrence of the problem, and states the date on which the 
remedies will be implemented.
    (2) Demonstrate that the engine family or configuration for which 
the certificate of conformity has been suspended does in fact comply 
with the requirements of this subpart by testing engines or vehicles 
selected from normal production runs of that engine family or 
configuration at the plant(s) or the facilities specified by the 
Administrator, in accordance with:
    (i) The conditions specified in the initial test order pursuant to 
Sec. 86.1003 for a configuration suspended pursuant to paragraph (b)(1) 
or (c)(1) of this section; or
    (ii) The conditions specified in a test order pursuant to 
Sec. 86.1003 for an engine family or configuration suspended pursuant to 
paragraph (b)(2) or (c)(2) of this section.
    (3) If the Administrator has not revoked the certificate pursuant to 
paragraph (e) of this section and if the manufacturer elects to continue 
testing individual engines or vehicles after suspension of a 
certificate, the certificate is reinstated for any engine or vehicle 
actually determined to have its final deteriorated test results in 
conformance with the applicable standards through testing in accordance 
with the applicable test procedures.
    (4) In cases where the Administrator has suspended a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (b)(2) or (c)(2) of this section, manufacturers may request in 
writing that the Administrator reinstate the certificate of an engine 
family or configuration when, in lieu of the actions described in 
paragraphs (g) (1) and (2) of this section, the manufacturer has 
complied with Chapter 3 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996), 
provided an Executive Order is in place for the engine family or 
configuration. The California Regulatory Requirements Applicable to the 
National Low Emission Vehicle Program (October, 1996) are incorporated 
by reference (see Sec. 86.1).
    (h) Once a certificate for a failed engine family or configuration 
has been

[[Page 104]]

revoked under paragraph (e) (1) or (2) of this section and the 
manufacturer desires to introduce into commerce a modified version of 
that engine family or configuration the following actions will be taken 
before the Administrator may issue a certificate for the new engine 
family or configuration:
    (1) If the Administrator determines that the proposed change(s) in 
engine or vehicle design may have an effect on emission performance 
deterioration and/or fuel economy, he/she shall notify the manufacturer 
within 5 working days after receipt of the report in paragraph (g)(1) of 
this section or after receipt of information pursuant to paragraph 
(g)(4) of this section whether subsequent testing under this subpart 
will be sufficient to evaluate the proposed change(s) or whether 
additional testing will be required.
    (2) After implementing the change(s) intended to remedy the 
nonconformity, the manufacturer shall demonstrate:
    (i) If the certificate was revoked pursuant to paragraph (e)(1) of 
this section, that the modified configuration does in fact conform with 
the requirements of this subpart by testing engines or vehicles selected 
from normal production runs of that modified configuration in accordance 
with the conditions specified in the initial test order pursuant to 
Sec. 86.1003. The Administrator shall consider this testing to satisfy 
the testing requirements of Sec. 86.079-32 or Sec. 86.079-33 if the 
Administrator had so notified the manufacturer. If the subsequent 
testing results in a pass decision pursuant to the criteria in 
Sec. 86.1010(c), the Administrator shall reissue or amend the 
certificate, if necessary, to include that configuration: Provided, that 
the manufacturer has satisfied the testing requirements specified in 
paragraph (h)(1) of this section. If the subsequent audit results in a 
fail decision pursuant to the criteria in Sec. 86.1010(c), the 
revocation remains in effect. Any design change approvals under this 
subpart are limited to the modification of the configuration specified 
by the test order.
    (ii) If the certificate was revoked pursuant to paragraph (e)(2) of 
this section, that the modified engine family or configuration does in 
fact conform with the requirements of this subpart by testing vehicles 
selected from normal production runs of that modified engine family or 
configuration in accordance with the conditions specified in a test 
order pursuant to Sec. 86.1003. The Administrator shall consider this 
testing to satisfy the testing requirements of Sec. 86.079-32 or 
Sec. 86.079-33 if the Administrator had so notified the manufacturer. If 
the subsequent testing results in a pass decision pursuant to 
Sec. 86.1010(c), the Administrator shall reissue or amend the 
certificate as necessary: Provided, that the manufacturer has satisfied 
the testing requirements specified in paragraph (h)(1) of this section. 
If the subsequent testing results in a fail decision pursuant to 
Sec. 86.1010(c), the revocation remains in effect. Any design change 
approvals under this subpart are limited to the modification of the 
engine family or configuration specified by the test order.
    (3) In cases where the Administrator has revoked a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (e)(2) of this section, manufacturers may request in writing 
that the Administrator reissue the certificate for an engine family or 
configuration when, in lieu of the actions described in paragraphs (h) 
(1) and (2) of this section, the manufacturer has complied with Chapter 
3 of the California Regulatory Requirements Applicable to the National 
Low Emission Vehicle Program (October, 1996), provided an Executive 
Order is in place for the engine family or configuration. The California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996) are incorporated by reference (see Sec. 86.1).
    (i) through (k) [Reserved]
    (l) At any time subsequent to an initial suspension of a certificate 
of conformity for a test engine or vehicle pursuant to paragraph (a) of 
this section, but not later than fifteen (15) days or such other period 
as may be allowed by the Administrator after notification of the 
Administrator's decision to suspend or revoke a certificate of 
conformity in whole or in part pursuant to paragraphs (b), (c), (d), 
(e), or (h) of this section, a manufacturer may request a hearing as to 
whether the

[[Page 105]]

tests have been properly conducted or any sampling methods have been 
properly applied.
    (m) After the Administrator suspends or revokes a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend, revoke or void a certificate of conformity under 
paragraph Sec. 86.087-30(e), and prior to the commencement of a hearing 
under Sec. 86.1014, if the manufacturer demonstrates to the 
Administrator's satisfaction that the decision to suspend, revoke or 
void the certificate was based on erroneous information, the 
Administrator shall reinstate the certificate.
    (n) To permit a manufacturer to avoid storing non-test engines or 
vehicles when conducting testing of an engine family or configuration 
subsequent to suspension or revocation of the certificate of conformity 
for that engine family or configuration pursuant to paragraph (b), (c), 
or (e) of this section, the manufacturer may request that the 
Administrator conditionally reinstate the certificate for that engine 
family or configuration. The Administrator may reinstate the certificate 
subject to the condition that the manufacturer consents to recall all 
engines or vehicles of that engine family or configuration produced from 
the time the certificate is conditionally reinstated if the engine 
family or configuration fails the subsequent testing and to remedy any 
nonconformity at no expense to the owner.

[62 FR 31240, June 6, 1997]



Sec. 86.1014-84  Hearings on suspension, revocation and voiding of certificate of conformity.

    (a) Applicability. The procedures prescribed by this section apply 
whenever a manufacturer requests a hearing pursuant to Sec. 86.087-30 
(e)(6)(i), Sec. 86.087-30(e)(7), or Sec. 86.1012-84(1).
    (b) Definitions. The following definitions are applicable to this 
section:
    (1) Hearing Clerk shall mean the Hearing Clerk of the Environmental 
Protection Agency.
    (2) Manufacturer means a manufacturer contesting a suspension or 
revocation order directed at the manufacturer.
    (3) Party means the Agency and the manufacturer.
    (4) Presiding Officer means an Administrative Law Judge appointed 
pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as amended).
    (5) Environmental Appeals Board shall mean the Board within the 
Agency described in Sec. 1.25 of this title. The Administrator delegates 
authority to the Environmental Appeals Board to issue final decisions in 
appeals filed under this subpart. Appeals directed to the Administrator, 
rather than to the Environmental Appeals Board, will not be considered. 
This delegation of authority to the Environmental Appeals Board does not 
preclude the Environmental Appeals Board from referring an appeal or a 
motion filed under this subpart to the Administrator for decision when 
the Environmental Appeals Board, in its discretion, deems it appropriate 
to do so. When an appeal or motion is referred to the Administrator, all 
parties shall be so notified and the rules in this part referring to the 
Environmental Appeals Board shall be interpreted as referring to the 
Administrator.
    (c) Request for public hearing. (1) If the manufacturer disagrees 
with the Administrator's decision to suspend, revoke or void a 
certificate or disputes the basis for an automatic suspension pursuant 
to Sec. 86.1012-84(a), the manufacturer may request a public hearing as 
described in this section. The manufacturer shall file with the 
Administrator a request for this hearing not later than fifteen (15) 
days after the Administrator's notification of his decision to suspend 
or revoke unless otherwise specified by the Administrator. The 
manufacturer shall simultaneously serve two copies of this request upon 
the Director of the Manufacturers Operations Division and file two 
copies with the Hearing Clerk. Failure of the manufacturer to request a 
hearing within the time provided constitutes a waiver of the right to a 
hearing. Subsequent to the expiration of the period for requesting a 
hearing as of right, the Administrator may, in his discretion and for 
good cause shown, grant the manufacturer a hearing to contest the 
suspension or revocation.

[[Page 106]]

    (2) A manufacturer shall include in the request for a public 
hearing--
    (i) A statement as to which engine or vehicle configuration is to be 
the subject of the hearing;
    (ii) A concise statement of the issues to be raised by the 
manufacturer at the hearing: Provided, however, That in the case of the 
hearing requested under Sec. 86.1012-84(1), the hearing is restricted to 
the following issues:
    (A) Whether tests have been properly conducted, specifically, 
Whether the tests were conducted in accordance with applicable 
regulations under this part and whether test equipment was properly 
calibrated and functioning; and
    (B) Whether sampling plans have been properly applied, specifically, 
whether sampling procedures specified in appendix X were followed and 
whether there exists a basis for distinguishing engines or vehicles 
produced at plants other than the one from which engines or vehicles 
were selected for testing which would invalidate the Administrator's 
decision under Sec. 86.1012-84(e);
    (iii) A statement specifying reasons why the manufacturer believes 
it will prevail on the merits of each of the issues raised; and
    (iv) A summary of the evidence which supports the manufacturer's 
position on each of the issues raised.
    (3) A copy of all requests for public hearings will be kept on file 
in the Office of the Hearing Clerk and will be made available to the 
public during Agency business hours.
    (d) Summary decision. (1) In the case of a hearing requested under 
Sec. 86.1012-84(1), when it clearly appears from the data and other 
information contained in the request for a hearing that there is no 
genuine and substantial question of fact with respect to the issues 
specified in Sec. 86.1014-84(c)(2)(ii), the Administrator shall enter an 
order denying the request for a hearing and reaffirming the original 
decision to suspend or revoke a certificate of conformity, if this 
decision has been made pursuant to Sec. 86.1012-84(g) at any time prior 
to the decision to deny the request for a hearing.
    (2) In the case of a hearing requested under Sec. 86.087-
30(e)(6)(i), to challenge a proposed suspension of a certificate of 
conformity for the reasons specified in Sec. 86.087-30(e)(1)(i) or 
(e)(1)(ii), when it clearly appears from the data and other information 
contained in the request for the hearing that there is no genuine and 
substantial question of fact with respect to the issue of whether the 
refusal to comply with the provisions of a test order or any other 
requirement of Sec. 86.1003-84 was caused by conditions and 
circumstances outside the control of the manufacturer, the Administrator 
shall enter an order denying the request for a hearing and suspending 
the certificate of conformity.
    (3) Any order issued under paragraph (d) (1) or (2) of this section 
has the force and effect of a final decision of the Administrator, as 
issued pursuant to paragraph (w)(4) of this section.
    (4) If the Administrator determines that a genuine and substantial 
question of fact does exist with respect to any of the issues referred 
to in paragraphs (d) (1) and (2) of this section, he shall grant the 
request for a hearing and publish a notice of public hearing in 
accordance with paragraph (h) of this section.
    (e) Filing and service. (1) An original and two copies of all 
documents or papers required or permitted to be filed pursuant to this 
section must be filed with the Hearing Clerk. Filing is considered 
timely if mailed, as determined by the postmark, to the Hearing Clerk 
within the time allowed by this section. If filing is to be accomplished 
by mailing, the documents must be sent to the address set forth in the 
notice of public hearing as described in paragraph (h) of this section.
    (2) To the maximum extent possible, testimony will be presented in 
written form. Copies of written testimony will be served upon all 
parties as soon as practicable prior to the start of the hearing. A 
certificate of service will be provided on or accompany each document or 
paper filed with the Hearing Clerk. Documents to be served upon the 
Director of the Manufacturers Operations Division must be sent by 
registered mail to:


[[Page 107]]


Director, Manufacturers Operations Division, U.S. Environmental 
Protection Agency, EN-340, 401 M St., SW., Washington, DC 20460.


Service by registered mail is complete upon mailing.
    (f) Time. (1) In computing any period of time prescribed or allowed 
by this section, except as otherwise provided, the day of the act or 
event from which the designated period of time begins to run is not 
included. Saturdays, Sundays, and Federal legal holidays are included in 
computing the period allowed for the filing of any document or paper, 
except that when the period expires on a Saturday, Sunday, or Federal 
legal holiday, the period is extended to include the next following 
business day.
    (2) A prescribed period of time within which a party is required or 
permitted to do an act is computed from the time of service, except that 
when service is accomplished by mail, three days will be added to the 
prescribed period.
    (g) Consolidation. The Administrator or the Presiding Officer in his 
discretion may consolidate two or more proceedings to be held under this 
section for the purpose of resolving one or more issues whenever it 
appears that consolidation will expedite or simplify consideration of 
these issues. Consolidation does not affect the right of any party to 
raise issues that could have been raised if consolidation had not 
occurred.
    (h) Notice of public hearings. Notice of a public hearing under this 
section is given by publication in the Federal Register and by such 
other means as the Administrator finds appropriate to provide notice to 
the public. To the extent possible hearings under this section will be 
scheduled to commence within fourteen (14) days of receipt of the 
application in paragraph (c) of this section.
    (i) Amicus curiae. Persons not parties to the proceeding wishing to 
file briefs may do so by leave of the Presiding Officer granted on 
motion. A motion for leave must identify the interest of the applicant 
and state the reasons why the proposed amicus brief is desirable.
    (j) Presiding Officer. The Presiding Officer shall conduct a fair 
and impartial hearing in accordance with 5 U.S.C. sections 554, 556 and 
557 and take all necessary action to avoid delay in the disposition of 
the proceedings and to maintain order. He shall have all power 
consistent with Agency rule and with the Administrative Procedure Act 
necessary to this end, including the power:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and exclude irrelevant or 
repetitious material;
    (3) To regulate the course of the hearings and the conduct of the 
parties and their counsel therein;
    (4) To hold conferences for simplification of the issues or any 
other proper purpose;
    (5) To consider and rule upon all procedural and other motions 
appropriate to these proceedings;
    (6) To require the submission of direct testimony in written form 
with or without affidavit whenever, in his opinion, oral testimony is 
not necessary for full and true disclosure of the facts;
    (7) To enforce agreements and orders requiring access as authorized 
by law;
    (8) To require the filing of briefs on any matter on which he is 
required to rule;
    (9) To require any party or any witness, during the course of the 
hearing, to state his position on any issue;
    (10) To take or cause depositions to be taken whenever the ends of 
justice would be served thereby;
    (11) To make decisions or recommend decisions to resolve the 
disputed issues on the record of the hearing; and
    (12) To issue, upon good cause shown, protective orders as described 
in paragraph (n) of this section.
    (k) Conferences. (1) The Presiding Officer may hold conferences 
prior to or during any hearing. The Presiding Officer shall direct the 
Hearing Clerk to notify all parties of the time and location of any 
conference. At the discretion of the Presiding Officer, persons other 
than parties may attend. At a conference the Presiding Officer may:
    (i) Obtain stipulations and admissions, receive requests, order 
depositions to be taken, identify disputed issues of fact and law, and 
require or allow the submission of written testimony from any witness or 
party;

[[Page 108]]

    (ii) Set a hearing schedule for as many of the following as he 
considers necessary:
    (A) Oral and written statements;
    (B) Submission of written direct testimony as required or authorized 
by the Presiding Officer;
    (C) Oral direct and cross-examination of a witness where necessary 
as prescribed in paragraph (p) of this section; and
    (D) Oral argument, if appropriate;
    (iii) Identify matters of which official notice may be taken;
    (iv) Consider limitation of the number of expert and other 
witnesses;
    (v) Consider the procedure to be followed at the hearing; and
    (vi) Consider any other matter that may expedite the hearing or aid 
in the disposition of the issue.
    (2) The Presiding Officer shall summarize in writing the results of 
any conference, including all stipulations, if not transcribed, and 
shall make the summary part of the record.
    (l) Primary discovery (exchange of witness lists and documents). (1) 
At a prehearing conference or within some reasonable time set by the 
Presiding Officer prior to the hearing, each party shall make available 
to the other parties the names of the expert and other witnesses the 
party expects to call, together with a brief summary of their expected 
testimony and a list of all documents and exhibits which the party 
expects to introduce into evidence. Thereafter, witnesses, documents, or 
exhibits may be added and summaries of expected testimony amended upon 
motion by a party.
    (2) The Presiding Officer, may, upon motion by a party or other 
person, and for good cause shown, by order:
    (i) Restrict or defer disclosure by a party of the name of a witness 
or a narrative summary of the expected testimony of a witness; and
    (ii) Prescribe other appropriate measures to protect a witness.
    (3) Any party affected by an action in paragraph (l)(2) of this 
section shall have an adequate opportunity, once he learns the name of a 
witness and obtains the narrative summary of his expected testimony, to 
prepare for the presentation of his case.
    (m) Other discovery. (1) Except as provided by paragraph (m)(1) of 
this section, further discovery, under this paragraph is permitted only 
upon determination by the Presiding Officer:
    (i) That this discovery will not in any way unreasonably delay the 
proceeding;
    (ii) That the information to be obtained is not obtainable 
voluntarily; and
    (iii) That the information has significant probative value. The 
Presiding Officer shall be guided by the procedures set forth in the 
Federal Rules of Civil Procedure, where practicable, and the precedents 
thereunder, except that no discovery will be undertaken except upon 
order of the Presiding Officer or upon agreement of the parties.
    (2) The Presiding Officer shall order depositions upon oral 
questions only upon a showing of good cause and upon a finding that:
    (i) The information sought cannot be obtained by alternative 
methods; or
    (ii) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (3) Any party to the proceeding desiring an order of discovery shall 
make a motion or motions therefor. The motion must include:
    (i) The circumstances warranting the taking of the discovery;
    (ii) The nature of the information expected to be discovered; and
    (iii) The proposed time and place where it will be taken. If the 
Presiding Officer determines the motion should be granted, he shall 
issue an order for the taking of the discovery together with the 
conditions and terms thereof.
    (4) Failure to comply with an order issued pursuant to this 
paragraph may lead to the inference that the information to be 
discovered would be adverse to the person or party from whom the 
information was sought.
    (n) Protective orders, in camera proceedings. (1) Upon motion by a 
part or by the person from whom discovery is sought, and upon a showing 
by the movant that the disclosure of the information to be discovered, 
or a particular part thereof (other than emission data), would result in 
methods or

[[Page 109]]

processes entitled to protection as trade secrets of the person being 
divulged, the Presiding Officer may enter a protective order with 
respect to this material. Any protective order will contain terms 
governing the treatment of the information which are appropriate under 
the circumstances to prevent disclosure outside the hearing: Provided, 
That the order states that the material will be filed separately from 
other evidence and exhibits in the hearing. Disclosure is limited to 
parties to the hearing, their counsel and relevant technical 
consultants, and authorized representatives of the United States 
concerned with carrying out the Act. Except in the case of the 
government, disclosure may be limited to counsel for parties who shall 
not disclose such information to the parties themselves. Except in the 
case of the government, disclosure to a party or his counsel is 
conditioned on execution of a sworn statement that no disclosure of the 
information will be made to persons not entitled to receive it under the 
terms of the protective order. (This provision is not necessary where 
government employees are concerned because disclosure by them is subject 
to the terms of 18 U.S.C. 1905.)
    (2)(i) A party or person seeking a protective order may be permitted 
to make all or part of the required showing in camera. A record will be 
made of the in camera proceedings. If the Presiding Officer enters a 
protective order following a showing in camera, the record of the 
showing will be sealed and preserved and made available to the Agency or 
court in the event of appeal.
    (ii) Attendance at any in camera proceeding may be limited to the 
Presiding Officer, the Agency, and the person or party seeking the 
protective order.
    (3) Any party, subject to the terms and conditions of any protective 
order issues pursuant to paragraph (n)(1) of this section, desiring for 
the presentation of his case to make use of any in camera documents or 
testimony, shall make application to the Presiding Officer by motion 
setting forth the justification therefor. The Presiding Officer, in 
granting this motion, shall enter an order protecting the rights of the 
affected persons and parties and preventing unnecessary disclosure of 
this information, including the presentation of the information and oral 
testimony and cross-examination concerning it in executive session, as 
in his discretion is necessary and practicable.
    (4) In the submittal of proposed findings, briefs, or other papers, 
counsel for all parties shall make a good faith attempt to refrain from 
disclosing the specific details of in camera documents and testimony. 
This shall not preclude references in these proposed findings, briefs, 
or other papers to the documents or testimony, including generalized 
statements based on their contents. To the extent that counsel considers 
it necessary to include specific details in their presentations, these 
details will be incorporated in separate proposed findings, briefs, or 
other paper marked ``confidential'', and wil become part of the in 
camera record.
    (o) Motions. (1) All motions, except those made orally during the 
course of the hearing, must be in writing and state with particularity 
the grounds therefor, set forth the relief or order sought, and be filed 
with the Hearing Clerk and served upon all parties.
    (2) Within the time fixed by the Environmental Appeals Board or the 
Presiding Officer, as appropriate, any party may serve and file an 
answer to the motion. The movant shall, if requested by the 
Environmental Appeals Board or the Presiding Officer, as appropriate, 
serve and file reply papers within the time set by the request.
    (3) The Presiding Officer shall rule upon all motions filed or made 
prior to the filing of his decision or accelerated decision, as 
appropriate. The Environmental Appeals Board shall rule upon all motions 
filed prior to the appointment of a Presiding Officer and all motions 
filed after the filing of the decision of the Presiding Officer or 
accelerated decision. Oral argument of motions will be permitted only if 
the Presiding Officer or the Environmental Appeals Board, as 
appropriate, considers it necessary.
    (p) Evidence. (1) The official transcripts and exhibits, together 
with all

[[Page 110]]

papers and requests filed in the proceeding, consitute the record. 
Immaterial or irrelevant part of an admissible document will be 
segregated and excluded so far as practicable. Documents or parts 
thereof subject to a protective order under pargarph (n) of this section 
wil be segregated. Evidence may be received at the hearing even though 
inadmissible under the rules of evidence applicable to judicial 
proceedings. The weight to be given evidence will be determined by its 
reliability and probative value.
    (2) The Presiding Officer shall allow the parties to examine and 
cross-examine a witness to the extent that this examination and cross-
examination is necessary for a full and true disclosure of the facts.
    (3) Ruling of the Presiding Officer on the admissibility of 
evidence, the propriety of examination and cross-examination, and other 
procedural matters will appear in the record.
    (4) Parties shall automatically be presumed to have taken exception 
to an adverse ruling.
    (q) Record. (1) Hearings will be stenographically reported and 
transcribed and the original transcripts will be part of the record and 
the sole official transcript. Copies of the record will be filed with 
the Hearing Clerk and made available during Agency business hours for 
public inspection. Any thereof, except as provided in paragraph (n) of 
this section, shall be entitled to the same upon payment of the cost 
thereof.
    (2) The official transcripts and exhibits, together with all paper 
and requests filed in the proceeding, constitute the record.
    (r) Proposed findings, conclusions. (1) Within four (4) days of the 
close of the reception of evidence, or within such longer time as the 
Presiding Officer may fix, any party may submit for the consideration of 
the Presiding Officer proposed findings of fact, conclusions of law, and 
proposed order, together with reasons therefor and briefs in support 
thereof. These proposals will be in writing, be served upon all parties, 
and contain adequate references to the record and authorities relied 
upon.
    (2) The record will show the Presiding Officer's ruling on the 
proposed findings and conclusions except when his order disposing of the 
proceeding otherwise informs the parties of the action taken by him 
thereon.
    (s) Decision of the Presiding Officer. (1) Unless extended by the 
Environmental Appeals Board, the Presiding Officer shall issue and file 
with the Hearing Clerk his decision within fourteen (14) days (or within 
seven (7) days in the case of a hearing requested under Sec. 86.1012-
84(1)) after the period for filing proposed findings as provided for in 
paragraph (r) of this section has expired.
    (2) The Presiding Officer's decision shall become the decision of 
the Environmental Appeals Board:
    (i) When no notice of intention to appeal as described in paragraphs 
(t) and (u) of this section is filed, ten (10) days after issuance 
thereof, unless in the interim the Environmental Appeals Board shall 
have acted to review or stay the effective date of the decision; or
    (ii) When a notice of intention to appeal is filed but the appeal is 
not perfected as required by paragraphs (t) or (u) of this section, five 
(5) days after the period allowed for perfection of an appeal has 
expired unless within that five (5) day period, the Environmental 
Appeals Board shall have acted to review or stay the effective date of 
the decision.
    (3) The Presiding Officer's decision must include a statement of 
findings and conclusions, as well as the reasons or basis therefor, upon 
all the material issues of fact or law presented on the record and an 
appropriate rule or order. The decision must be supported by substantial 
evidence and based upon a consideration of the whole record.
    (4) At any time prior to the issuance of his decision, the Presiding 
Officer may reopen the proceeding for the reception of further evidence. 
Except for the correction of clerical errors, the jurisdiction of the 
Presiding Officer is terminated upon the issuance of his decision.
    (t) Appeal from the decision of the Presiding Officer. (1) Any party 
to a proceeding may appeal the Presiding Officer's decision to the 
Environmental Appeals Board; Provided, That within ten (10) days after 
issuance of the Presiding Officer's decision the party files

[[Page 111]]

a notice of intention to appeal and an appeal brief within twenty (20) 
days of the decision.
    (2) When an appeal is taken from the decision of the Presiding 
Officer, any party may file a brief with respect to the appeal. The 
party shall file the brief within fifteen (15) days of the date of the 
filing of the appellant's brief.
    (3) Any brief filed pursuant to this paragraph will contain, in the 
order indicated, the following:
    (i) A subject index of the matter in the brief, with page 
references, and a table of cases (alphabetically arranged), textbooks, 
statutes, and other material cited, with page references thereto:
    (ii) A specification of the issues intended to be urged; provided, 
however, that in the case of a hearing requested under Sec. 86.1012-
84(l), the brief will be restricted to the issues specified in paragraph 
(c)(2)(ii) of this section;
    (iii) The argument presenting clearly the points of fact and law 
relied upon in support of the position taken on each issue, with 
specific page references to the record and the legal or other material 
relied upon; and
    (iv) A proposed order for the Environmental Appeals Board's 
consideration if different from the order contained in the Presiding 
Officer's decision.
    (4) No brief in excess of 40 pages will be filed without leave of 
the Environmental Appeals Board.
    (5) The Environmental Appeals Board may allow oral argument.
    (u) Summary appeal. (1) In the case of a hearing requested under 
Sec. 86.1012-84(l), any appeal taken from the decision of the Presiding 
Officer will be conducted under this subsection.
    (2) Any party to the proceeding may appeal the Presiding Officer's 
decision to the Environmental Appeals Board by filing a notice of appeal 
within ten (10) days.
    (3) The notice of appeal must be in the form of a brief and conform 
to the requirements of paragraph (t)(3) of this section.
    (4) Within ten (10) days after a notice of appeal from the decision 
of the Presiding Officer is filed under this paragraph, any party may 
file a brief with respect to that appeal.
    (5) No brief in excess of fifteen (15) pages will be filed without 
leave of the Environmental Appeals Board.
    (v) Review of the Presiding Officer's decision in the absence of 
appeal. (1) If after the expiration of the period for taking an appeal 
as provided for by paragraph (t) or (u) of this section, no notice of 
intention to appeal the decision of the Presiding Officer has been 
filed, or if filed, not perfected, the Hearing Clerk shall so notify the 
Environmental Appeals Board.
    (2) The Environmental Appeals Board, upon receipt of notice from the 
Hearing Clerk that no notice of intention to appeal the decision of the 
Presiding Officer has been filed, or if filed, not perfected pursuant to 
paragraph (t) or (u) of this section, may, on its own motion, within the 
time limits specified in paragraph (s)(2) of this section, review the 
decision of the Presiding Officer. Notice of the intention of the 
Environmental Appeals Board to review the decision of the Presiding 
Officer shall be given to all parties and shall set forth the scope of 
such review and the issues to be considered and shall make provision for 
filing of briefs.
    (w) Decision of appeal or review. (1) Upon appeal from or review of 
the Presiding Officer's decision, the Environmental Appeals Board shall 
consider such parts of the record as are cited or as may be necessary to 
resolve the issues presented and in addition shall, to the extent 
necessary or desirable, exercise all the powers which it could have 
exercised if it had presided at the hearing.
    (2) In rendering its decision, the Environmental Appeals Board shall 
adopt, modify or set aside the findings, conclusions, and order 
contained in the decision of the Presiding Officer and shall set forth 
in its decision a statement of the reasons or basis for its action.
    (3) In those cases where the Environmental Appeals Board determines 
that it should have further information or additional views of the 
parties as to the form and content of the rule or order to be issued, 
the Environmental Appeals Board, in its discretion, may withhold final 
action pending the receipt of such additional information or views, or 
may remand the case to the Presiding Officer.

[[Page 112]]

    (4) Any decision rendered under this paragraph which completes 
disposition of a case constitutes a final decision of the Environmental 
Appeals Board.
    (x) Reconsideration. (1) Within twenty (20) days after issuance of 
the Environmental Appeals Board's decision, any party may file with the 
Environmental Appeals Board a petition for reconsideration of such 
decision, setting forth the relief desired and the grounds in support 
thereof. Any petition filed under this subsection must be confined to 
new questions raised by the decision or final order and upon which the 
petitioner had no opportunity to argue before the Presiding Officer or 
the Environmental Appeals Board; Provided, however, That in the case of 
a hearing requested under Sec. 86.1012-84(1) such new questions shall be 
limited to the issues specified in paragraph (c)(2)(ii) of this section.
    (2) Any party desiring to oppose this petition shall file an answer 
thereto within ten (10) days after the filing of the petition. The 
filing of a petition for reconsideration shall not operate to stay the 
effective date of the decision or order or to toll the running of any 
statutory time period affecting such decision or order unless 
specifically so ordered by the Environmental Appeals Board.
    (y) Accelerated decision, dismissal. (1) The Presiding Officer, upon 
motion of any party or sua sponte, may at any time render an accelerated 
decision in favor of the Agency or the manufacturer as to all or any 
part of the proceeding, without further hearing or upon limited 
additional evidence such as affidavits which he may require, or dismiss 
any party with prejudice, for any of the following reasons:
    (i) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (ii) The lack of any genuine issue of material fact, causing a party 
to be entitled to judgment as a matter of law; or
    (iii) Such other reasons as are just, including specifically failure 
to obey a procedural order of the Presiding Officer.
    (2) If, under this subsection, an accelerated decision is issued as 
to all the issues and claims joined in the proceeding, the decision will 
be treated for the purposes of these procedures as the decision of the 
Presiding Officer as provided in paragraph (s) of this section.
    (3) If, under this subsection, judgment is rendered on less than all 
issues or claims in the proceeding, the Presiding Officer shall 
determine what material facts exist without substantial controversy and 
what material facts are actually and in good faith controverted. He 
shall thereupon issue an order specifying the facts which appear without 
substantial controversy, and the issues and claims upon which the 
hearing will proceed.
    (z) Conclusion of hearing. (1) If, after the expiration of the 
period for taking an appeal as provided for by paragraphs (t) and (u) of 
this section, no appeal has been taken from the Presiding Officer's 
decision, and after the expiration of the period for review by the 
Environmental Appeals Board on its own motion as provided for by 
paragraph (v) of this section, the Environmental Appeals Board does not 
move to review such decision, the hearing is considered ended at the 
expiration of all periods allowed for the appeal and review.
    (2) If an appeal of the Presiding Officer's decision is taken 
pursuant to paragraphs (t) and (u) of this section, or if, in the 
absence of this appeal, the Environmental Appeals Board moves to review 
the decision of the Presiding Officer pursuant to paragraph (v) of this 
section, the hearing is considered ended upon rendering of a final 
decision by the Environmental Appeals Board.
    (aa) Judicial review. (1) The Administrator shall designate the 
General Counsel, Environmental Protection Agency as the officer upon 
whom copy of any petition for judicial review must be served. This 
officer shall be responsible for filing in the court the record of which 
the order of the Environmental Appeals Board is based.
    (2) Before forwarding the record to the court, the Agency shall 
advise the petitioner of costs of preparing it and as soon as payment to 
cover fees is made, shall forward the record to the court.

[45 FR 63772, Sept. 25, 1980, as amended at 50 FR 35387, Aug. 30, 1985; 
57 FR 5332, Feb. 13, 1992]

[[Page 113]]



Sec. 86.1014-97  Hearings on suspension, revocation and voiding of certificates of conformity.

    Section 86.1014-97 includes text that specifies requirements that 
differ from those specified in Sec. 86.1014-84. Where a paragraph in 
Sec. 86.1014-84 is identical and applicable to Sec. 86.1014-97, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.1014-84''.
    (a) through (c)(2)(ii) introductory text [Reserved]. For guidance 
see Sec. 86.1014-84.
    (c)(2)(ii)(A) Whether tests have been properly conducted, 
specifically, whether the tests were conducted in accordance with 
applicable regulations and whether test equipment was properly 
calibrated and functioning; and
    (c)(2)(ii) (B) through (aa) [Reserved]. For guidance see 
Sec. 86.1014-84.

[62 FR 31241, June 6, 1997]



Sec. 86.1015  Treatment of confidential information.

    (a) Any manufacturer may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a manufacturer must indicate clearly the items of 
information claimed confidential by marking, circling, bracketing, 
stamping, or otherwise specifying the confidential information. 
Furthermore, EPA requests, but does not require, that the submitter also 
provide a second copy of its submittal from which all confidential 
information has been deleted. If a need arises to publicly release 
nonconfidential information, EPA will assume that the submitter has 
accurately deleted the confidential information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to this subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Environmental Appeals Board only to the extent and by means of the 
procedures set forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).

[50 FR 34798, Aug. 27, 1985, as amended at 57 FR 5333, Feb. 13, 1992; 57 
FR 30657, July 10, 1992]



   Subpart L--Nonconformance Penalties for Gasoline-Fueled and Diesel 
 Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks

    Source: 50 FR 35388, Aug. 30, 1985, unless otherwise noted.



Sec. 86.1101-87  Applicability.

    (a) The provisions of this subpart are applicable for 1987 and later 
model year gasoline-fueled and diesel heavy-duty engines and heavy-duty 
vehicles. These vehicles include light-duty trucks rated in excess of 
6,000 pounds gross vehicle weight.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty trucks 
and Otto-cycle complete heavy-duty vehicles under the provisions of 
subpart S of this part.

[65 FR 59957, Oct. 6, 2000]



Sec. 86.1102-87  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined herein have the 
meaning given them in the Act.
    Compliance level means the deteriorated pollutant emissions level at 
the 60th percentile point for a population of heavy-duty engines or 
heavy-duty vehicles subject to Production Compliance Audit testing 
pursuant to the requirements of this subpart. A compliance level for a 
population can only be determined for a pollutant for which an upper 
limit has been established in this subpart.
    Configuration means a subdivision, if any, of a heavy-duty engine 
family for

[[Page 114]]

which a separate projected sales figure is listed in the manufacturer's 
Application for Certification and which can be described on the basis of 
emission control system, governed speed, injector size, engine 
calibration, or other parameters which may be designated by the 
Administrator, or a subclassification of light-duty truck engine family 
emission control system combination on the basis of engine code, inertia 
weight class, transmission type and gear ratios, rear axle ratio, or 
other parameters which may be designated by the Administrator.
    NCP means a nonconformance penalty as described in section 206(g) of 
the Clean Air Act and in this subpart.
    PCA means Production Compliance Audit as described in Sec. 86.1106-
87 of this subpart.
    Subclass means a classification of heavy-duty engines of heavy-duty 
vehicles based on such factors as gross vehicle weight rating, fuel 
usage (gasoline-, diesel-, and methanol-fueled), vehicle usage, engine 
horsepower or additional criteria that the Administrator shall apply. 
Subclasses include, but are not limited to:
    (i) Light-duty gasoline-fueled Otto cycle trucks (6,001-8,500 lb. 
GVW)
    (ii) Light-duty methanol-fueled Otto cycle trucks (6,001-8,500 lb. 
GVW)
    (iii) Light-duty petroleum-fueled diesel trucks (6,001-8,500 lb. 
GVW)
    (iv) Light-duty methanol-fueled diesel trucks (6,001-8,500 lb. GVW)
    (v) Light heavy-duty gasoline-fueled Otto cycle engines (for use in 
vehicles of 8,501-14,000 lb. GVW)
    (vi) Light heavy-duty methanol-fueled Otto cycle engines (for use in 
vehicles of 8,501-14,000 lb. GVW)
    (vii) Heavy heavy-duty gasoline-fueled Otto cycle engines (for use 
in vehicles of 14,001 lb and above GVW)
    (viii) Heavy heavy-duty methanol-fueled Otto cycle engines (for use 
in vehicles of 14,001 lb. and above GVW)
    (ix) Light heavy-duty petroleum-fueled diesel engines (see 
Sec. 86.085-2(a)(1))
    (x) Light heavy-duty methanol-fueled diesel engines (see 
Sec. 86.085-2(a)(1))
    (xi) Medium heavy-duty petroleum-fueled diesel engines (see 
Sec. 86.085-2(a)(2))
    (xii) Medium heavy-duty methanol-fueled diesel engines (see 
Sec. 86.085-2(a)(2))
    (xiii) Heavy heavy-duty petroleum-fueled diesel engines (see 
Sec. 86.085-2(a)(3))
    (xiv) Heavy heavy-duty methanol-fueled diesel engines (see 
Sec. 86.085-2(a)(3))
    (xv) Petroleum-fueled Urban Bus engines (see Sec. 86.091-2)
    (xvi) Methanol-fueled Urban Bus engines (see Sec. 86.091-2).
    For NCP purposes, all optionally certified engines and/or vehicles 
(engines certified in accordance with Sec. 86.087-10(a)(3) and vehicles 
certified in accordance with Sec. 86.085-1(b)) shall be considered part 
of, and included in the FRAC calculation of, the subclass for which they 
are optionally certified.
    Test Sample means a group of heavy-duty engines or heavy-duty 
vehicles of the same configuration which have been selected for emission 
testing.
    Upper limit means the emission level for a specific pollutant above 
which a certificate of conformity may not be issued or may be suspended 
or revoked.

[50 FR 35388, Aug. 30, 1985, as amended at 55 FR 46628, Nov. 5, 1990]



Sec. 86.1103-87  Criteria for availability of nonconformance penalties.

    (a) EPA shall establish for each subclass of heavy-duty engines and 
heavy-duty vehicles (other than motorcycles), an NCP for a motor vehicle 
pollutant, when any new or revised emission standard is more stringent 
than the previous standard for the pollutant, or when an existing 
standard for that pollutant becomes more difficult to achieve because of 
a new or revised standard, provided that EPA finds:
    (1) That for such subclass of engines or vehicles, substantial work 
will be required to meet the standard for which the NCP is offered, and
    (2) That there is likely to be a technological laggard.
    (b) Substantial work, as used in paragraph (a)(1) of this section, 
means the application of technology not previously used in an engine or 
vehicle class or subclass, or the significant modification of existing 
technology or design parameters, needed to bring the vehicle or engine 
into compliance with

[[Page 115]]

either the more stringent new or revised standard or an existing 
standard which becomes more difficult to achieve because of a new or 
revised standard.



Sec. 86.1104-91  Determination of upper limits.

    (a) The upper limit applicable to a pollutant emission standard for 
a subclass of heavy-duty engines or heavy-duty vehicles for which an NCP 
is established in accordance with Sec. 86.1103-87, shall be the previous 
pollutant emission standard for that subclass.
    (b) If no previous standard existed for the pollutant under 
paragraph (a) of this section, the upper limit will be developed by EPA 
during rulemaking.
    (c) If a manufacturer participates in any of the emissions 
averaging, trading, or banking programs, and carries over certification 
of an engine family from the prior model year, the upper limit for that 
engine family shall be the family emission limit of the prior model 
year, unless the family emission limit is less than the upper limit 
determined in paragraph (a) of this section.

[55 FR 30629, July 26, 1990]



Sec. 86.1105-87  Emission standards for which nonconformance penalties are available.

    (a)-(b) [Reserved]
    (c) Effective in the 1991 model year, NCPs will be available for the 
following additional emission standards:
    (1) [Reserved]
    (2) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen 
standard of 5.0 grams per brake horsepower-hour.
    (i) For petroleum-fueled light heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $830.
    (2) COC90: $946.
    (3) MC50: $1,167 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.12.
    (ii) For petroleum-fueled medium heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $905.
    (2) COC90: $1,453.
    (3) MC50: $1,417 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.11.
    (iii) For petroleum-fueled heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $930.
    (2) COC90: $1,590.
    (3) MC50: $2,250 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.11.
    (3) Petroleum-fueled diesel light-duty trucks (between 6,001 and 
14,000 lbs GVW) particulate matter emission standard of 0.13 grams per 
vehicle mile.
    (i) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (A) COC50: $711.
    (B) COC90: $1,396.
    (C) MC50: $2,960 per gram per brake horsepower-hour.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.01.
    (d) Effective in the 1993 model year, NCPs will be available for the 
following additional emission standard:
    (1) Petroleum-fueled diesel bus engine (as defined in Sec. 86.093-2) 
particulate emission standard of 0.10 grams per brake horsepower-hour.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.093-11(a)(1)(iv)(A) in accordance with 
Sec. 86.1113-87(a):
    (A) COC50: $4,020.
    (B) COC90: $4,535.
    (C) MC50: $22,971 per gram per brake horsepower-hour.
    (D) F: 1.2.

[[Page 116]]

    (E) UL: 0.25 grams per brake horsepower-hour.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.093-11(a)(1)(iv)(A) in accordance with Sec. 86.1113-87(h): 0.02.
    (2) [Reserved]
    (e) The values of COC50, COC90, and 
MC50 in paragraphs (a) and (b) of this section are expressed 
in December 1984 dollars. The values of COC50, 
COC90, and MC50 in paragraphs (c) and (d) of this 
section are expressed in December 1989 dollars. The values of 
COC50, COC90, and MC50 in paragraph (f) 
of this section are expressed in December 1991 dollars. The values of 
COC50, COC90, and MC50 in paragraphs 
(g) and (h) of this section are expressed in December 1994 dollars. 
These values shall be adjusted for inflation to dollars as of January of 
the calendar year preceding the model year in which the NCP is first 
available by using the change in the overall Consumer Price Index, and 
rounded to the nearest whole dollar in accordance with ASTM E29-67 
(reapproved 1980), Standard Recommended Practice for Indicating Which 
Places of Figures are to be Considered Significant in Specified Limiting 
Values. The method was approved by the director of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This document is 
available from ASTM, 1916 Race Street, Philadelphia, PA 19103, and is 
also available for inspection as part of Docket A-91-06, located at the 
Central Docket Section, EPA, 401 M St., SW., Washington, DC or at the 
office of the Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC. This incorporation by reference was approved by the 
Director of the Federal Register on January 13, 1992. These materials 
are incorporated as they exist on the date of the approval and a notice 
of any change in these materials will be published in the Federal 
Register.
    (f) Effective in the 1994 model year, NCPs will be available for the 
following emission standards:
    (1) Petroleum-fueled urban bus engine (as defined in Sec. 86.091-2) 
particulate emission standard of 0.07 grams per brake horsepower-hour.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-11(a)(1)(iv)(A) in accordance with 
Sec. 86.1113-87(a):
    (A) COC50: $3292.
    (B) COC90: $10,014.
    (C) MC50: $109,733.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.094-11(a)(1)(iv)(A) in accordance with Sec. 86.1113-87(h): 0.38.
    (2) Petroleum-fueled diesel heavy-duty engine particulate matter 
emission standard of 0.10 grams per brake horsepower-hour.
    (i) For petroleum-fueled light heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $772.
    (2) COC90: $1,325.
    (3) MC50: $8,178 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.081.
    (ii) For petroleum-fueled medium heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $1,276.
    (2) COC90: $3,298.
    (3) MC50: $15,370 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.098.
    (iii) For petroleum-fueled heavy heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $2,105.
    (2) COC90: $6,978.
    (3) MC50: $30,070 per gram per brake horsepower-hour.
    (4) F: 1.2.

[[Page 117]]

    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.083.
    (g) Effective in the 1996 model year, NCPs will be available for the 
following emission standard:
    (1) Light-duty truck 3 diesel-fueled vehicle at full useful life (as 
defined in Sec. 86.094-2) particulate matter emission standard of 0.10 
g/mi.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-9(a)(1)(ii) in accordance with 
Sec. 86.1113-87(a):
    (A) COC50: $441.
    (B) COC90: $1,471.
    (C) MC50: $14,700 per gram per mile.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.093.
    (2) Light-duty truck 3 diesel-fueled vehicle at full useful life (as 
defined in Sec. 86.094-2) oxides of nitrogen emission standard of 0.98 
g/mi.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-9(a)(1)(ii) in accordance with 
Sec. 86.1113-87(a):
    (A) COC50: $654.
    (B) COC90: $779.
    (C) MC50: $908 per gram per mile.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.082.
    (3) 1996 Urban Bus (as defined in Sec. 86.094-2) particulate matter 
emission standard of 0.05 g/BHp-hr.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-9(a)(1)(ii) in accordance with 
Sec. 86.1113-87(a):
    (A) COC50: $576.
    (B) COC90: $6,569.
    (C) MC50: $28,800 per gram per brake horsepower-hour.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.500.
    (h) Effective in the 1998 model year, NCPs will be available for the 
following emission standard:
    (1) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen 
standard of 4.0 grams per brake horsepower-hour.
    (i) For petroleum-fueled light heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $833.
    (2) COC90: $1,513.
    (3) MC50: $833 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.039.
    (ii) For petroleum-fueled medium heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $444.
    (2) COC90: $1,368.
    (3) MC50: $444 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.043.
    (iii) For petroleum-fueled heavy heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $1,086.
    (2) COC90: $2,540.
    (3) MC50: $1,086 per gram per brake horsepower-hour
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in 
Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.039.
    (2) [Reserved]

[50 FR 53466, Dec. 31, 1985, as amended at 52 FR 47870, Dec. 16, 1987; 
53 FR 43878, Oct. 31, 1988; 56 FR 64712, Dec. 12, 1991; 58 FR 15802, 
Mar. 24, 1993; 58 FR 68540, Dec. 28, 1993; 60 FR 33925, June 29, 1995; 
61 FR 6949, 6953, Feb. 23, 1996]

[[Page 118]]



Sec. 86.1106-87  Production compliance auditing.

    For a model year in which upper limits for heavy-duty engine or 
heavy-duty vehicle emission standards for one or more exhaust pollutants 
are specified in Sec. 86.1105-87, a manufacturer may elect to conduct a 
Production Compliance Audit (PCA) for each engine or vehicle 
configuration satisfying the following conditions:
    (a) Certification test results, pursuant to Sec. 86.082-23, exceed 
the emission standard for a particular pollutant but do not exceed the 
upper limit established for that pollutant. In that event, the 
manufacturer will be offered a qualified certificate of conformity 
allowing for the introduction into commerce of the specified engine 
family, Provided, That:
    (1) The manufacturer must agree to conduct a PCA of those engines or 
vehicles;
    (2) PCA testing must be conducted on the same configurations that 
exceeded the standard in certification. In lieu of that requirement, the 
Administrator may approve testing of a greater or lesser number of 
configurations provided the manufacturer agrees to pay the NCP 
determined from the CL of each tested configuration for that 
configuration and for other non-tested configurations that have similar 
emission characteristics. If an acceptable showing of similar emission 
characteristics is not made, the highest CL of the configurations tested 
will apply to all non-tested configurations exceeding the standard.
    (3) The selection of engines or vehicles for PCA testing must be 
initiated no later than five (5) days after the start of assembly-line 
production of the specified engine or vehicle configuration, unless that 
period is extended by the Administrator;
    (4) The manufacturer must agree:
    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle, unless the manufacturer successfully challenges 
the Administrator's determination of the compliance level or penalty 
calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce, 
without invoking the procedural requirements of section 207(c) of the 
Clean Air Act, if the compliance level for the engine or vehicle 
configuration of (a)(2) exceeds the upper limit as determined by the 
PCA;
    (5) If the compliance level determined in the PCA is below the 
emission standard, no NCP will be offered, and all appropriate 
qualifications will be removed from the qualified certificate of 
conformity.
    (b) An engine or vehicle configuration fails a Selective Enforcement 
Audit (SEA) under subpart K of 40 CFR part 86 with respect to the 
standard for a particular pollutant but does not fail with respect to 
the upper limit established for that pollutant, and no NCP has been 
previously assessed for that configuration, Provided, That:
    (1) The manufacturer must submit a written report to the 
Administrator within five (5) days after failure to pass the audit 
containing the following:
    (i) A statement that the manufacturer does not intend, at that time, 
to make any engine and/or emission control system design changes that 
may remedy the nonconformity; and
    (ii) A request from the manufacturer to conduct the PCA, including 
the date the testing will begin;
    (2) Failure to submit the report within five (5) days after the SEA 
failure will result in the forfeiture of the NCP option, unless a 
satisfactory justification for the delay is provided to the 
Administrator;
    (3) The selection of any required engines or vehicles for PCA 
testing must be initiated no later than ten (10) days after the SEA 
failure unless extended by the Administrator; otherwise, the 
manufacturer may forfeit the option to elect an NCP;
    (4) PCA testing must be conducted on the same configuration that 
failed the SEA;
    (5) Test results from the SEA, together with any additional test 
results required during the PCA, will be used in establishing a 
compliance level for the configuration pursuant to Sec. 86.1112-87(a); 
and
    (6) The manufacturer, upon approval by the Administrator to conduct 
a PCA on a failed SEA engine or vehicle configuration, must agree:

[[Page 119]]

    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle introduced into commerce after the tenth day of 
the SEA failure, unless the manufacturer successfully challenges the 
Administrator's determination of the compliance level or penalty 
calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce 
after the tenth day of the SEA failure, without invoking the procedural 
requirements of section 207(c) of the Clean Air Act, if the compliance 
level of the engine or vehicle configuration exceeds the upper limit as 
determined by the PCA.
    (c) An engine or vehicle configuration, for which an NCP has been 
previously assessed for a particular pollutant, either passes an SEA 
with respect to the particular pollutant standard, fails an SEA with 
respect to the particular pollutant standard but not the previous 
compliance level, or fails an SEA with respect to the previous 
compliance level but not the associated upper limit, Provided, That:
    (1) The manufacturer must submit a written statement to the 
Administrator within five (5) days of the conclusion of the SEA 
requesting a PCA, including the date the PCA testing will begin; 
otherwise, the manufacturer forfeits the option to establish a new 
compliance level;
    (2) The selection of any required engines or vehicles for PCA 
testing must be initiated no later than ten (10) days after the 
conclusion of the SEA unless the period is extended by the 
Administrator; otherwise, the manufacturer forfeits the option to 
establish a new compliance level;
    (3) PCA testing must be conducted on the same configuration tested 
during the SEA, and all conditions in the SEA test order must apply to 
the PCA;
    (4) Test results for the SEA, together with any additional test 
results required during the PCA, will be used in establishing a new 
compliance level for the configuration pursuant to Sec. 86.1112-87(a);
    (5) The manufacturer must agree:
    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle introduced into commerce after the tenth day of 
the conclusion of the SEA, unless the manufacturer successfully 
challenges the Administrator's determination of the compliance level or 
penalty calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce 
after the tenth day after the conclusion of the SEA, without invoking 
the procedural requirements of section 207(c) of the Clean Air Act, if 
the engine or vehicle configuration exceeds the upper limit as 
determined by the PCA;
    (6) A previously assessed NCP will be terminated and no NCP will be 
established as a result of the new PCA if the compliance level is 
determined to be below the applicable emission standards.
    (d) The implementation of a production running change that causes 
the emission level for a particular pollutant to be either above the 
emission standard but below the associated upper limit for a vehicle or 
engine configuration for which an NCP has not been previously assessed, 
or below the associated upper limit for a vehicle or engine 
configuration for which an NCP has been previously assessed, regardless 
of the previous compliance level. In that event, the manufacturer will 
be offered a qualified certificate of conformity allowing for the 
introduction into commerce of the engine or vehicle configuration 
resulting from the running change, Provided, That:
    (1) The manufacturer must submit a written report to the 
Administrator outlining the reason for the running change and the date 
the manufacturer will begin PCA testing;
    (2) The manufacturer must agree:
    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle, unless the manufacturer successfully challenges 
the Administrator's determination of compliance level or penalty 
calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce, 
without invoking the procedural requirements of section 207(c) of the 
Clean Air Act, if the engine or vehicle configuration exceeds the upper 
limit as determined by the PCA;
    (3) The selection of engines or vehicles for PCA testing must be 
initiated

[[Page 120]]

no later than five (5) days after the start of assembly line production 
of the engine or vehicle configuration resulting from the running change 
unless that period is extended by the Administrator; and
    (4) If the compliance level is determined to be below the applicable 
emission standard, a previously assessed NCP will be terminated, an NCP 
will not be established as a result of the PCA testing, and all 
qualifications will be removed from the qualified certificate of 
conformity.
    (e) The following requirements are applicable to each PCA under this 
subpart.
    (1) The manufacturer shall make the following documents available to 
EPA Enforcement Officers upon request;
    (i) A properly filed and current application for certification, 
following the format prescribed by the EPA for the appropriate model 
year; and
    (ii) A copy of the shop manual and dealer service bulletins for the 
configurations being tested.
    (2) Only one mechanic at a time per engine or vehicle shall make 
authorized checks, adjustments, or repairs, unless a particular check, 
adjustment, or repair requires a second mechanic as indicated in the 
shop manual or dealer service bulletins.
    (3) A mechanic shall not perform any check, adjustment, or repair 
without an Enforcement Officer present unless otherwise authorized.
    (4) The manufacturer shall utilize only those tools and test 
equipment utilized by its dealers or those dealers using its engines 
when performing authorized checks, adjustments, or repairs.

[50 FR 35388, Aug. 30, 1985, as amended at 58 FR 68540, Dec. 28, 1993]



Sec. 86.1107-87  Testing by the Administrator.

    (a) The Administrator may require that engines or vehicles of a 
specified configuration be selected in a manner consistent with the 
requirements of Sec. 86.1110-87 and submitted to him at such place as he 
may designate for the purpose of conducting emission tests in accordance 
with Sec. 86.1111-87 to determine whether engines or vehicles 
manufactured by the manufacturer conform with the regulations of this 
subpart.
    (b)(1) Whenever the Administrator conducts a test on a test engine 
or vehicle or the Administrator and manufacturer each conduct a test on 
the same test engine or vehicle, the results of the Administrator's test 
will comprise the official data for that engine or vehicle.
    (2) Whenever the manufacturer conducts all tests on a test engine or 
vehicle, the manufacturer's test data will be accepted as the official 
data, provided that if the Administrator makes a determination based on 
testing under paragraph (a) of this section that there is a substantial 
lack of agreement between the manufacturer's test results and the 
Administrator's test results, no manufacturer's test data from the 
manufacturer's test facility will be accepted for purposes of this 
subpart.
    (c) If the Administrator determines that testing conducted under 
paragraph (a) of this section demonstrates a lack of agreement under 
paragraph (b)(2) of this section, the Administrator shall:
    (1) Notify the manufacturer in writing of his determination that the 
manufacturer's test facility is inappropriate for conducting the tests 
required by this subpart and the reasons therefore; and
    (2) Reinstate any manufacturer's data only upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.
    (d) The manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(2) of this section based 
on data or information which indicates that changes have been made to 
the test facility and that these changes have resolved the reasons for 
disqualification.



Sec. 86.1108-87  Maintenance of records.

    (a) The manufacturer of any new gasoline-fueled or diesel heavy-duty 
engine or heavy-duty vehicle subject to any of the provisions of this 
subpart shall establish, maintain, and retain the following adequately 
organized and indexed records:

[[Page 121]]

    (1) General records. A description of all equipment used to test 
engines or vehicles in accordance with Sec. 86.1111-87, pursuant to PCA 
testing under this subpart, specifically;
    (i) If testing heavy-duty gasoline engines, the equipment 
requirements specified in Secs. 86.1306-84 and 86.1506-84 of this part.
    (ii) If testing heavy-duty diesel engines, the equipment 
requirements specified in Secs. 86.1306-84, 86.1506-84, 86.879-6, 
86.879-8 and 86.879-9 of this part;
    (iii) If testing light-duty gasoline-fueled trucks, the equipment 
requirements specified in Secs. 86.106 (excluding all references to 
particulate emission testing) and 86.1506-84 of this part; and
    (iv) If testing light-duty diesel trucks, the equipment requirements 
specified in Sec. 86.106 (excluding all references to evaporative 
emission testing) of this part.
    (2) Individual records. These records pertain to each Production 
Compliance Audit conducted pursuant to this subpart.
    (i) The date, time, and location of each test;
    (ii) The number of hours of service accumulated on the engine or the 
number of miles on the vehicle when the test began and ended;
    (iii) The names of all supervisory personnel involved in the conduct 
of the Production Compliance Audit;
    (iv) A record and description of any repair performed, giving the 
date and time of the repair, the reason for it, the person authorizing 
it, and the names of all personnel involved in the supervision and 
performance of the repair;
    (v) The date when the engine or vehicle was shipped from the 
assembly plant or associated storage facility and when it was received 
at the testing facility;
    (vi) A complete record of all emission tests performed pursuant to 
this subpart (except tests performed by EPA directly), including all 
individual worksheets and/or other documentation relating to each test, 
or exact copies thereof, specifically--
    (A) If testing heavy-duty gasoline engines, the record requirements 
specified in Secs. 86.1342-84 and 86.1542-84 of this part;
    (B) If testing heavy-duty diesel engines, the record requirements 
specified in Secs. 86.1342-84, 86.1542-84, and Sec. 86.879-10; 
(Sec. 86.337-79 for subpart D testing only).
    (C) If testing light-duty gasoline fueled trucks, the record 
requirements specified in Secs. 86.142 (excluding all references to 
diesel vehicles) and 86.1542-84; and
    (D) If the testing light-duty diesel trucks, the record requirements 
specified in Sec. 86.142; and
    (vii) A brief description of any significant Production Compliance 
Audit events commencing with the test engine or vehicle selection 
process, but not described by any subparagraph under paragraph (a)(2) of 
this section, including such extraordinary events as engine damage 
during shipment or vehicle accident.
    (3) The manufacturer shall record the test equipment description, 
pursuant to paragraph (a)(1) of this section, for each test cell that 
was used to perform emission testing under this subpart.
    (b) The manufacturer shall retain all records required to be 
maintained under this subpart for a period of six (6) years after 
completion of all testing. Records may be retained as hard copy or 
reduced to microfilm, punch cards, etc., depending upon the 
manufacturer's record retention procedure, provided that in every case 
all the information contained in the hard copy is retained.



Sec. 86.1109-87  Entry and access.

    (a) To allow the Administrator to determine whether a manufacturer 
is complying with the provisions of this subpart, EPA Enforcement 
Officers are authorized to enter any of the following (during operating 
hours and upon presentation of credentials):
    (1) Any facility where any engine or vehicle to be introduced into 
commerce or any emission related component is manufactured, assembled, 
or stored;
    (2) Any facility where any tests conducted pursuant to a PCA request 
or any procedures or activities connected with these tests are or were 
performed;

[[Page 122]]

    (3) Any facility where any engine or vehicle which is being tested, 
was tested, or will be tested is present; and
    (4) Any facility where any record or other document relating to any 
of the above is located.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, EPA Enforcement Officers are authorized to perform the 
following inspection-related activities:
    (1) To inspect and monitor any aspects of engine or vehicle 
manufacture, assembly, storage, testing and other procedures, and the 
facilities in which these procedures are conducted.
    (2) To inspect and monitor any aspect of engine or vehicle test 
procedures or activities, including, but not limited to, monitoring 
engine or vehicle selection, preparation, service or mileage 
accumulation, preconditioning, repairs, emission test cycles, and 
maintenance; and to verify calibration of test equipment;
    (3) To inspect and make copies of any records or documents related 
to the assembly, storage, selection and testing of an engine or vehicle; 
and
    (4) To inspect and photograph any part or aspect of any engine or 
vehicle and any component used in the assembly thereof that is 
reasonably related to the purpose of the entry.
    (c) EPA Enforcement Officers are authorized to obtain reasonable 
assistance without cost from those in charge of a facility to help them 
perform any function listed in this subpart and are authorized to 
request the manufacturer conducting the PCA to make arrangement with 
those in charge of a facility operated for its benefit to furnish 
reasonable assistance without cost to EPA, whether or not the 
manufacturer controls the facility.
    (d) EPA Enforcement Officers are authorized to seek a warrant or 
court order authorizing the EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section, as 
appropriate, to execute the functions specified in this section. EPA 
Enforcement Officers may proceed ex parte to obtain a warrant whether or 
not the Enforcement Officers first attempted to seek permission of the 
manufacturer conducting the PCA or the party in charge of the facilities 
in question to conduct activities related to entry and access as 
authorized in this section.
    (e) A manufacturer that conducts a PCA shall permit EPA Enforcement 
Officers who present a warrant or court order as described in paragraph 
(d) of this section to conduct activities related to entry and access as 
authorized in this section and as described in the warrant or court 
order. The manufacturer shall cause those in charge of its facility or a 
facility operated for its benefit to permit EPA Enforcement Officers to 
conduct activities related to entry and access as authorized in this 
section pursuant to a warrant or court order whether or not the 
manufacturer controls the facility. In the absence of such a warrant or 
court order, EPA Enforcement Officers may conduct activities related to 
entry and access as authorized in this section only upon the consent of 
the manufacturer or the party in charge of the facilities in question.
    (f) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section 
without a warrant or court order.
    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign law 
does not prohibit EPA Enforcement Officers from conducting the entry and 
access activities specified in this section. EPA will not attempt to 
make any inspections which it has been informed that local foreign law 
prohibits.
    (h) For purposes of this section, the following definitions are 
applicable:
    (1) Presentation of Credentials means display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where engine or vehicle storage areas or facilities are 
concerned, operating hours means all times during which personnel other 
than custodial personnel are at work in the vicinity of the area or 
facility and have access to it.
    (3) Where facilities or areas other than those covered by paragraph 
(h)(2) of this section are concerned, operating hours means all times 
during which an

[[Page 123]]

assembly line is in operation, engine or vehicle assembly is taking 
place, testing repair, service accumulation, preparation or compilation 
of records is taking place, or any other procedure or activity related 
to engine or vehicle manufacture, assembly or testing is being carried 
out in a facility.
    (4) Reasonable assistance includes, but is not limited to, clerical, 
copying, interpreting and translating services, and making personnel of 
the facility being inspected available during their working hours on an 
EPA Enforcement Officer's request to inform the EPA Enforcement Officer 
of how the facility operates and to answer his or her questions. Any 
employee whom an EPA Enforcement Officer requests the manufacturer to 
cause to appear for questioning will be entitled to be accompanied, 
represented and advised by counsel.



Sec. 86.1110-87  Sample selection.

    (a) Engines or vehicles comprising a test sample which are required 
to be tested pursuant to a PCA in accordance with this subpart will be 
selected at the location and in the manner specified by EPA. If a 
manufacturer determines that the test engines or vehicles cannot be 
selected in the manner specified by EPA, an alternative selection 
procedure may be employed, provided that the manufacturer requests 
approval of the alternative procedure in advance of the start of test 
sample selection and that the Administrator approves the procedure.
    (b) The manufacturer shall have assembled the test engines or 
vehicles of the configuration selected for testing using its normal mass 
production processes for engines or vehicles to be distributed into 
commerce. In the case of heavy-duty engines, if the test engines are 
selected at a location where they do not have their operational and 
emission control systems installed, EPA will specify the manner and 
location for selection of components to complete assembly of the 
engines. The manufacturer shall assemble these components onto the test 
engines using normal assembly and quality control procedures as 
documented by the manufacturer.
    (c) No quality control, testing, or assembly procedures will be used 
on the completed test engine or vehicle or any portion thereof, 
including parts and subassemblies, that will not be used during the 
production and assembly of all other engines or vehicles of that 
configuration.
    (d) The EPA Enforcement Officers may specify that they, rather than 
the manufacturer, will select the test engines or vehicles.
    (e) The order in which test engines or vehicles are selected 
determines the order in which test results are to be used in applying 
the PCA testing plan in accordance with Sec. 86.1112-87.
    (f) The manufacturer shall keep on hand all engines or vehicles 
comprising the test sample until such time as a compliance level is 
determined in accordance with Sec. 86.1112-87(a) except that the 
manufacturer may ship any tested engine or vehicle which has not failed 
in accordance with Sec. 86.1112-87(f)(1). However, once the manufacturer 
ships any test engine or vehicle, it relinquishes the prerogative to 
conduct retests as provided in Sec. 86.1111-87(i).



Sec. 86.1111-87  Test procedures for PCA testing.

    (a)(1) For heavy-duty engines, the prescribed test procedure for PCA 
testing is the Federal Test Procedure as described in subparts N, I, and 
P of this part.
    (2) For heavy-duty vehicles, the prescribed test procedure for PCA 
testing is described in subpart M of this part.
    (3) For light-duty trucks, the prescribed test procedure for PCA 
testing is the Federal Test Procedure as described in subparts B and P 
of this part.
    (4) During the testing of heavy-duty diesel engines, the 
manufacturer shall decide for each engine, prior to the start of the 
initial cold cycle, whether the measurement of background particulate is 
required for the cold and hot cycles to be valid. The manufacturer may 
choose to have different requirements for the cold and hot cycles. If a 
manufacturer chooses to require the measurement of background 
particulate, failure to measure background particulate shall void the 
test cycle regardless of the test results. If a test

[[Page 124]]

cycle is void, the manufacturer shall retest using the same validity 
requirements of the initial test.
    (5) When testing light-duty trucks, the following exceptions to the 
test procedures in subpart B are applicable:
    (i) The manufacturer may use gasoline test fuel meeting the 
specifications of paragraph (a) of Sec. 86.113 for mileage accumulation. 
Otherwise, the manufacturer may use fuels other than those specified in 
this section only with advance approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate midvolume of the fuel tank, as specified 
in paragraph (a) of Sec. 86.131, and may drain the test fuel from other 
than the lowest point of the fuel tank, as specified in paragraph (b) of 
Sec. 86.131, with the advance approval of the Administrator.
    (iii) The manufacturer may perform additional preconditioning on PCA 
test vehicles other than the preconditioning specified in Sec. 86.132 
only if the additional preconditioning has been performed on 
certification test vehicles of the same configuration.
    (iv) The manufacturer shall perform the heat build procedure 11 to 
34 hours following vehicle preconditioning rather than according to the 
time period specified in paragraph (a) of Sec. 86.133.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph (e) of Sec. 86.135, 
provided that the slave tires are the same size as the drive wheel 
tires.
    (vi) The cold start exhaust emission test described in Sec. 86.137 
shall follow the heat build procedure described in Sec. 86.133 by not 
more than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140:
    (A) When testing diesel vehicles, the manufacturer shall allow a 
minimum of 20 minutes warm-up for the HC analyzer, and a minimum of 2 
hours warm-up for the CO, CO2 and NOX analyzers. 
[Power is normally left on for infrared and chemiluminescent analyzers. 
When not in use, the chopper motors of the infrared analyzers are turned 
off and the phototube high voltage supply to the chemiluminescent 
analyzers is placed in the standby position.]
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, since the 
records required therein are provided under other provisions of this 
subpart.
    (ix) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5 [plusmn] 0.5 inches of water to the fuel system, 
allowing the pressure to stabilize, and isolating the fuel system from 
the pressure source. Following isolation of the fuel system, pressure 
must not drop more than 2.0 inches of water in 5 minutes. If required, 
the manufacturer shall perform corrective action in accordance with 
paragraph (d) of this section.
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative emission control 
system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except to comply with paragraph (a)(4)(ii) of this section 
if approved in advance by the Administrator.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the engines or vehicles selected for testing and shall not perform any 
emission tests on engines or vehicles selected for testing pursuant to a 
PCA request unless the adjustment, repair, preparation, modification, or 
tests are documented in the manufacturer's engine or vehicle assembly 
and inspection procedures and are actually performed on all engines or 
vehicles produced or unless these adjustments or tests are required or 
permitted under this subpart or are approved in advance by the 
Administrator.
    (2) For 1984 and later model years the Administrator may adjust or 
cause to be adjusted any engine parameter which the Administrator has 
determined to be subject to adjustment for certification, Selective 
Enforcement

[[Page 125]]

Audit and Production. Compliance Audit testing in accordance with 
Sec. 86.084-22(e)(1), to any setting within the physically adjustable 
range of that parameter, as determined by the Administrator in 
accordance with Sec. 86.084-2(e)(3)(ii), prior to the performance of any 
tests. However, if the idle speed parameter is one which the 
Administrator has determined to be subject to adjustment, the 
Administrator shall not adjust it to any setting which causes a lower 
engine idle speed than would have been possible within the physically 
adjustable range of the idle speed parameter if the manufacturer had 
accumulated 125 hours of service on the engine or 4,000 miles on the 
vehicle under paragraph (c) of this section, all other parameters being 
identically adjusted for the purpose of the comparison. The manufacturer 
may be requested to supply information to establish such an alternative 
minimum idle speed. The Administrator, in making or specifying these 
adjustments, may consider the effect of the deviation from the 
manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use heavy-duty engines or light-duty trucks. In determining 
likelihood, the Administrator may consider factors such as, but not 
limited to, the effect of the adjustment on engine or vehicle 
performance characteristics and surveillance information from similar 
in-use engines or vehicles.
    (c) Prior to performing emission testing on a PCA test engine, the 
manufacturer may accumulate on each engine a number of hours of service 
equal to the greater of 125 hours or the number of hours the 
manufacturer accumulated during certification on the emission-data 
engine corresponding to the configuration tested during PCA. Prior to 
performing emission testing on a PCA test vehicle, the manufacturer may 
accumulate a number of miles equal to the greater of 4,000 miles or the 
number of miles the manufacturer accumulated during certification on the 
emission-data vehicle corresponding to the configuration tested during 
PCA. Service or mileage accumulation may be performed in any manner the 
manufacturer desires.
    (d) No maintenance shall be performed on test engines or vehicles 
after selection for testing nor will any test engine or vehicle 
substitution or replacement be allowed, unless requested of and approved 
by the Administrator in advance of the performance of any maintenance or 
engine or vehicle substitution.
    (e) The manufacturer shall expeditiously ship test engines or 
vehicles from the point of selection to the test facility or other 
location to meet any other requirements of this subpart. If the test 
facility is not located at or in close proximity to the point of 
selection, the manufacturer shall assure that test engines or vehicles 
arrive at the test facility within 24 hours of selection, except that 
the Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If an engine or vehicle cannot complete the service or mileage 
accumulation or emission tests because of engine or vehicle malfunction, 
the manufacturer may request that the Administrator authorize the repair 
of the engine or vehicle. If the engine or vehicle cannot be repaired 
expeditiously, EPA may delete it from the test sequence.
    (g)(1) Heavy-duty engine manufacturers with projected sales bound 
for the United States market for that year of 30,000 or greater, as made 
in their respective Applications for Certification, shall complete 
emission testing at their testing facility on a minimum of two engines 
per 24 hour period, including voided tests.
    (2) Heavy-duty engine manufacturers with projected sales bound for 
the United States market for that year of less than 30,000, as made in 
their respective Applications for Certification, Shall complete emission 
testing at one engine per 24 hour period, including voided tests.
    (3) Light-duty truck manufacturers shall complete emission testing 
on a minimum of four vehicles per 24 hour period, including voided 
tests.
    (4) The Administrator may approve a longer period of time for 
conducting emission tests based upon a request by a manufacturer 
accompanied by a satisfactory justification.

[[Page 126]]

    (h) The manufacturer shall perform test engine or vehicle selection, 
shipping, preparation, service or mileage accumulation, and testing in 
such a manner as to insure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any engines or vehicles tested 
during a Production Compliance Audit once a compliance level has been 
established in accordance with Sec. 86.1112-87 based on the first test 
on each engine or vehicle. The Administrator may approve retesting at 
other times based upon a request by the manufacturer accompanied by a 
satisfactory justification. The manufacturer may test each engine or 
vehicle a total of three times. The manufacturer shall test each engine 
or vehicle the same number of times. The manufacturer may accumulate 
additional service or mileage before conducting a retest, subject to the 
provisions of paragraph (c) of this section.

[50 FR 35388, Aug. 30, 1985, as amended at 62 FR 47123, Sept. 5, 1997]



Sec. 86.1112-87  Determining the compliance level and reporting of test results.

    (a) A manufacturer that has elected to conduct a PCA in accordance 
with Sec. 86.1106-87 may establish the compliance level for a pollutant 
for any engine or vehicle configuration by using the primary PCA 
sampling plan or either of two optional reduced PCA sampling plans (the 
fixed reduced sampling plan or the sequential reduced sampling plan) 
described below. A manufacturer that uses either of the two optional 
reduced PCA sampling plans may elect to continue testing and establish a 
compliance level under the primary PCA sampling plan.
    (1) A manufacturer that elects to conduct a PCA for a pollutant 
using the primary PCA sampling plan shall:
    (i) Conduct emission tests on 24 engines or vehicles in accordance 
with Sec. 86.1111-87 for the pollutants for which the PCA was initiated. 
If the PCA follows an SEA failure, the number of additional tests 
conducted shall be the difference between 24 and the number of engines 
or vehicles tested in the SEA. If 24 or more engines or vehicles were 
tested in the SEA, no additional tests shall be conducted; and
    (ii) Rank the final deteriorated test results, as defined by 
paragraph (e) of this section, obtained for that pollutant in order from 
the lowest to the highest value. If the PCA follows an SEA failure, all 
SEA test results for that pollutant shall be included in this ranking.
    (iii) The compliance level for that pollutant is the final 
deteriorated test result in the sequence determined from table 1 of 
appendix XII of these regulations.
    (2) A manufacturer that elects to conduct a PCA for a pollutant 
using the fixed reduced PCA sampling plan shall:
    (i) Select a sample size between 3 and 23 engines or vehicles. If 
the PCA follows an SEA failure, the sample size selected cannot be less 
than the number of engines or vehicles tested during the SEA; and
    (ii) Conduct emission tests on the selected sample in accordance 
with Sec. 86.1111-87 for the pollutants for which the PCA was initiated.
    (iii) The compliance level for the pollutant is the result of the 
following equation, using the test results obtained in paragraph 
(a)(2)(ii) of this section and all SEA test results for that pollutant 
if the PCA follows an SEA failure:

CL=X + Ks

where:

CL=The compliance level.
X=The mean of the final deteriorated test results, as defined by 
paragraph (e) of this section.
K=A value that depends on the size of the test sample. See table 2 of 
appendix XII of this part for the value of K that corresponds to the 
size of the test sample.
s=The sample standard deviation.


The compliance level is rounded to the same number of significant 
figures contained in the applicable standard in accordance with ASTM 
E29-67.
    (3) A manufacturer that elects to conduct a PCA for a pollutant 
using the sequential reduced PCA sampling plan shall perform the 
following:
    (i) Select a sample size of 4, 8, 12, 16 or 20 engines or vehicles. 
If the PCA follows an SEA failure, the sample size

[[Page 127]]

selected cannot be less than the number of engines or vehicles tested 
during the SEA.
    (ii) Conduct emission tests on the selected sample in accordance 
with Sec. 86.1111-87 for the pollutants for which the PCA was initiated.
    (iii) The compliance level for the pollutant is the result of the 
following equation, using the test results obtained in (a)(3)(ii) and 
all SEA test results for that pollutant if the PCA follows an SEA 
failure:

CL=X + Ks

where:

CL=The compliance level.
X=The mean of the final deteriorated test results, as defined by 
paragraph (e) of this section.
K=A value that depends on the size of the test sample. See table 3 of 
appendix XII of this part for the value of K that corresponds to the 
size of the test sample.
s=The sample standard deviation.


The compliance level is rounded to the same number of significant 
figures contained in the applicable standard in accordance with ASTM 
E29-67.
    (iv) After calculating a compliance level in accordance with 
paragraph (a)(3)(iii) of this section, a manufacturer may elect to 
increase the sample size by 4 engines or vehicles, or a multiple 
thereof, up to the maximum, including SEA engines or vehicles if any, of 
20. Upon that election, the manufacturer shall add the additional 
engines or vehicles to the sample and perform paragraphs (a)(3)(ii) and 
(a)(3)(iii) of this section. This election may be repeated if 
appropriate. A compliance level determined under this election shall 
replace a previously determined compliance level.
    (b) A fail decision is reached with respect to the upper limit when 
the compliance level determined in paragraph (a) of this section exceeds 
the applicable upper limit.
    (c) Initial test results are calculated following the Federal Test 
Procedure specified in Sec. 86.1111-87(a).
    (d) Final test results are calculated by summing the initial test 
results derived in paragraph (c) of this section for each test engine or 
vehicle, dividing by the number of tests conducted on the engine or 
vehicle, and rounding in accordance with ASTM E29-67 to the same number 
of decimal places contained in the applicable standard expressed to one 
additional significant figure.
    (e) Final deteriorated test results. (1) The final deteriorated test 
results for each heavy-duty engine or light-duty truck tested according 
to subpart B, I, N, or P of this part are calculated by applying the 
final test results by the appropriate deterioration factor, derived from 
the certification process for the engine family control system 
combination and model year for the selected configuration to which the 
test engine or vehicle belongs. If the deterioration factor computed 
during the certification process is multiplicative and it is less than 
one, that deterioration factor will be one. If the deterioration factor 
computed during the certification process is additive and it is less 
than zero, that deterioration factor will be zero.
    (2) The final deteriorated test results are rounded to the same 
number of significant figures contained in the applicable standard in 
accordance with ASTM E29-67.
    (f) A failed engine or vehicle is one whose final deteriorated test 
results, for one or more of the applicable exhaust pollutants, exceed:
    (1) The applicable emission standard, or
    (2) The compliance level established in paragraph (b) of this 
section.
    (g) Within five working days after completion of PCA testing of all 
engines or vehicles, the manufacturer shall submit to the Administrator 
a report which includes the following information:
    (1) The location and description of the manufacturer's emission test 
facilities which were utilized to conduct testing reported pursuant to 
this section;
    (2) The applicable standards against which the engines or vehicles 
were tested;
    (3) Deterioration factors for the engine family to which the 
selected configuration belongs;
    (4) A description of the engine or vehicle and any emission-related 
component selection method used;
    (5) For each test conducted:

[[Page 128]]

    (i) Test engine or vehicle description, including;
    (A) Configuration and engine family identification,
    (B) Year, make and build date,
    (C) Engine or vehicle identification number, and
    (D) Number of hours of service accumulated on engine or number of 
miles on vehicle prior to testing;
    (ii) Location where service or mileage accumulation was conducted 
and description of accumulation procedure and schedule;
    (iii) Test number, date, initial test results before and after 
rounding, final test results and final deteriorated test results for all 
emission tests, whether valid or invalid, and the reason for 
invalidation, if applicable;
    (iv) A complete description of any modification, repair, 
preparation, maintenance, and/or testing which was performed on the test 
engine or vehicle and has not been reported pursuant to any other 
paragraph of this subpart and will not be performed on all other 
production engines or vehicles; and
    (v) Any other information the Administrator may request relevant to 
the determination as to whether the new heavy-duty engines or heavy-duty 
vehicles being manufactured by the manufacturer do in fact conform with 
the regulations of this subpart; and
    (6) The following statement and endorsement:

    This report is submitted pursuant to section 206 of the Clean Air 
Act. This Production Compliance Audit was conducted in complete 
conformance with all applicable regulations under 40 CFR part 86 et seq. 
All data and information reported herein is, to the best of

(Company Name)--------------------'s
knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)



Sec. 86.1113-87  Calculation and payment of penalty.

    (a) The NCP for each engine or vehicle for which a compliance level 
has been determined under Sec. 86.1112-87 is calculated according to the 
formula in paragraph (a)(1) or (a)(2) of this section depending on the 
value of the compliance level. Each formula contains an annual 
adjustment factor (AAFi) which is defined in paragraph (a)(3) 
of this section. Other terms in the formulas are defined in paragraph 
(a)(4) of this section.
    (1) If the compliance level (CL) is greater than the standard and 
less than or equal to X (e.g., point CL1 in figure 1), then:
[GRAPHIC] [TIFF OMITTED] TR06OC93.111

where:

PR1 = (F) (MC50)

    (2) If the compliance level is greater than X and less than or equal 
to the upper limit as determined by Sec. 86.1104-87 (e.g., point 
CL2 in figure 1), then:
[GRAPHIC] [TIFF OMITTED] TR06OC93.112

where:
[GRAPHIC] [TIFF OMITTED] TR06OC93.113

    (3) AAFi has the following values:
    (i) If fraci-1 = 0, then AAFi = 1 + 
Ii-1
    (ii) If fraci-1 0, then:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.114
    

[[Page 129]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.183


If fraci-1 0.50, then fraci-1 will be 
set equal to 0.50.
    (iii) AAF1=1
    (iv) In calculating the NCP for year n, the value fraci-1 
for i=n will include actual NCP usage through March 31 of model year n-1 
and EPA's estimate of additional usage for the remainder of model year 
n-1 using manufacturer input. All manufacturers using NCPs must report 
by subclass actual NCP and non-NCP production numbers through March 31, 
an estimate of NCP and non-NCP production for the remainder of the model 
year, and the previous year's actual NCP and non-NCP production to EPA 
no later than April 30 of the model year. If EPA is unable to obtain 
similar information from manufacturers not using NCPs, EPA will use 
projected sales data from the manufacturers' application for 
certification in computing the total production of the subclass and the 
fraci-1. The value of fraci-1 will be corrected to 
reflect actual year-end usage of NCPs and a corrected AAF will be used 
to establish NCPs in future years. The correction of previous year's AAF 
will not affect the previous year's penalty.
    (4) The terms in the above formulas have the following meanings and 
values, which may be determined separately for each subclass and 
pollutant for which an NCP is offered. The production of Federal and 
California designated engines or vehicles shall be combined for the 
purpose of this section in calculating the NCP for each engine or 
vehicle.

NCPn=NCP for year n for each applicable engine or vehicle
CL=Compliance level for year n for applicable engines or vehicles
S=Emission standard
UL=Upper limit as determined by section 86.1104-87, except that, if the 
upper limit is determined by section 86.1104-87(c), the value of UL in 
paragraph (a)(2) of this section shall be the prior emission standard 
for that pollutant.
UL'=Upper limit as determined by section 86.1104-87(c). This value is 
not used in the above formulas.
X=Compliance level above the standard at which NCP1 equals 
COC50

[[Page 130]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.115

PR1=Penalty rate when CL [lE] X
PR2=Penalty rate when X < CL [lE] applicable upper limit
[GRAPHIC] [TIFF OMITTED] TR06OC93.116

i=An index representing a year. It represents the same year for both 
Federal and California designated engines or vehicles of the same 
production model year.
n=Index representing the number of model years for which the NCP has 
been available for an engine or vehicle subclass (i.e., n=1 for the 
first year that the NCP is available, and so on until n=n for the nth 
year that the NCP is available). The factor ``n'' is based on the model 
year the NCP is first available, as specified in section 86.1105-87 for 
the engine or vehicle subclass and pollutant for both Federal and 
California designated engines and vehicles.
COC50=Estimate of the average total incremental cost to 
comply with the standard relative to complying with the upper limit.
COC90=Estimate of the 90th percentile total incremental cost 
to comply with the standard relative to complying with the upper limit.
MC50=Estimate of the average marginal cost of compliance 
(dollars per emission unit) with the standard.
F=Factor used to estimate the 90th percentile marginal cost based on the 
average marginal cost (the minimum value of F is 1.1, the maximum value 
of F is 1.3).
AAFi=Annual adjustment factor for year i, 
fraci[hyphen]1=Fraction of engines or vehicles of a subclass 
using NCPs in previous year (year i-1).
Ai=Usage adjustment factor in year i: Ai=0.10 for 
i=2; Ai=0.08 for i<2.
Ii=Percentage increase in overall consumer price index in 
year i.

    (5) The values of COC50, COC90, 
MC50 and F will be determined for each applicable subclass by 
EPA based on the cost data used by EPA in setting the applicable 
emission standard. However, where the rulemaking to establish a specific 
NCP occurs after the rulemaking to establish the standard, EPA may 
augment the data base used to establish the standard by including the 
best cost and emission performance data available to EPA during the 
specific NCP rulemaking.
    (6) In calculating the NCP, appropriate values of the following 
predefined terms should be used: CL, S, UL, F, and Ai. For 
all other terms, unrounded values of at least five figures beyond the 
decimal point should be used in calculations leading up to the penalty 
amount. Any NCP calculated under paragraph (a) of this section will be 
rounded to the nearest dollar in accordance with ASTM E29-67.
    (b) The NCP determined in paragraph (a) of this section is assessed 
against all those engines or vehicles of the nonconforming configuration 
or engine family produced at all assembly plants and distributed into 
commerce--
    (1) Since the beginning of the model year in the case of a 
certification failure described by Sec. 86.1106-87(a).
    (2) Beginning ten days after an SEA failure described by 
Sec. 86.1106-87 (b) or (c).
    (3) Following implementation of a production running change 
described by Sec. 86.1106-87(d).
    (c) The NCP will continue to be assessed during the model year, 
until such time, if any, that the configuration or engine family is 
brought into conformance with applicable emission standards.
    (d) A manufacturer may carry over an NCP from a model year to the 
next model year. There is no limit to the number of years that carryover 
can continue. The amount of the penalty will increase each year 
according to paragraph (a) of this section.
    (e) The Administrator shall notify the manufacturer in writing of 
the nonconformance penalty established under paragraph (a) of this 
section after the completion of the PCA under Sec. 86.1112-87.
    (f) A manufacturer may request a hearing under Sec. 86.1115-87 as to 
whether

[[Page 131]]

the compliance level (including a compliance level in excess of the 
upper limit) was determined in accordance with the procedures in 
Sec. 86.1112-87(a) or whether the nonconformance penalty was calculated 
in accordance with the procedures in Sec. 86.1113-87(a). If a 
nonconformance penalty has been established, such hearing must be 
requested within fifteen (15) days or such other period as may be 
allowed by the Administrator after the notification of the 
nonconformance penalty. If a manufacturer wishes to challenge a 
compliance level in excess of the upper limit, he must request a hearing 
within fifteen (15) days or such other period as may be allowed by the 
Administrator after the completion of the Production Compliance Audit.
    (g)(1) Except as provided in paragraph (g)(2) of this section, the 
nonconformance penalty or penalties assessed under this subpart must be 
paid as follows:
    (i) By the quarterly due dates, i.e., within 30 days of the end of 
each calendar quarter (March 31, June 30, September 30 and December 31), 
or according to such other payment schedule as the Administrator may 
approve pursuant to a manufacturer's request, for all nonconforming 
engines or vehicles produced by a manufacturer in accordance with 
paragraph (b) of this section and distributed into commerce for that 
quarter.
    (ii) The penalty shall be payable to U.S. Environmental Protection 
Agency, NCP Fund, P.O. Box 360277M, Pittsburgh, PA 15251.
    (2) When a manufacturer has requested a hearing under Sec. 86.1115-
87, it must pay the nonconformance penalty, and any interest, within ten 
days after the Presiding Officer renders his decision, unless the 
manufacturer first files a notice of intention to appeal to the 
Administrator pursuant to Sec. 86.1115-87(t)(1), or, if an appeal of the 
Presiding Officer's decision is taken, within ten days after the 
Administrator renders his decision, unless the manufacturer first files 
a petition for judicial review.
    (3) A manufacturer making payment under paragraph (g)(1) or (g)(2) 
of this section shall submit the following information by each quarterly 
due date to: Director, Manufacturers Operations Division, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. This information shall be submitted even if a 
manufacturer has no NCP production in a given quarter.
    (i) Corporate identification, identification and quantity of engines 
or vehicles subject to the NCP, certificate identification (number and 
date), NCP payment calculations and interest payment calculations, if 
applicable.
    (ii) The following statement and endorsement:

    This information is submitted pursuant to section 206 of the Clean 
Air Act. All information reported herein is, to the best of
------------------------------------------'s
(Company name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)
    (4) The Administrator may verify the production figures or other 
documentation submitted under paragraph (g)(3) of this section.
    (5)(i) Interest shall be assessed on any nonconformance penalty for 
which payment has been withheld under Sec. 86.113-87(g) (1) or (2). 
Interest shall be calculated from the due date for the first quarterly 
NCP payment, as determined under Sec. 86.1113-87(g)(1), until either the 
date on which the Presiding Officer or the Administrator renders the 
final decision of the Agency under Sec. 86.1115-87 or the date when an 
alternate payment schedule (approved pursuant to Sec. 86.1113-87(g)(1)) 
ends.
    (ii) The combined principal plus interest on each quarterly NCP 
payment withheld pursuant to Sec. 86.1113-87(g) (1) or (2) shall be 
calculated according to the formula:

QNCP(1 + R).25n

where:
QNCP=the quarterly NCP payment
R=the interest rate applicable to that quarter
n=the number of quarters for which the quarterly NCP payment is 
outstanding.

    (iii) The number of quarters for which payment is outstanding for 
purposes of this paragraph shall be the number of quarterly NCP payment 
due dates, as determined under Sec. 86.1113-

[[Page 132]]

87(g)(1), which have elapsed throughout the duration of a hearing 
request, or alternate payment schedule.
    (iv) The interest rate applicable to a quarter for purposes of this 
paragraph shall be the rate published by the Secretary of the Treasury 
pursuant to the Debt Collection Act of 1982 and effective on the date on 
which the NCP payment was originally due.
    (6) A manufacturer will be refunded an overpayment, or be permitted 
to offset an overpayment by withholding a future payment, if approved in 
advance by the Administrator. The government shall pay no interest on 
overpayments.
    (h) A manufacturer that certifies as a replacement for the 
nonconforming configuration, a configuration that is in conformance with 
applicable standards, and that performs a production compliance audit 
(PCA) in accordance with Sec. 86.1112-87(a) that results in a compliance 
level below the applicable standard, will be eligible to receive a 
refund of a portion of the engineering and development component of the 
penalty. The engineering and development component will be determined by 
multiplying the base penalty amount by the engineering and development 
factor for the appropriate subclass and pollutant in Sec. 86.1105-87. 
The amount refunded will depend on the model year in which the 
certification and PCA take place. In cases where payment of penalties 
have been waived by EPA in accordance with paragraph (g)(1)(iii) of this 
section, EPA will refund a portion of the engineering and development 
component. The proportionate refund to be paid by EPA will be based on 
the proportion of vehicles or engines of the nonconforming configuration 
for which NCPs were paid to EPA. The refund is calculated as follows:

Rtot=Dn x FE&D x NCP1 x 
Prodtot
RCal=(ProdCal/Prodtot) x 
(Rtot)
REPA=Rtot-RCal

Where:
n=index representing the number of model years for which the NCP has 
been available for an engine or vehicle subclass (i.e., n=1 for the 
first year that NCPs are available, . . . , n=n for the nth 
year the NCPs are available; same as ``n'' in paragraph (a)(4)).
Dn=discount factor depending on the number of model years (n) 
for which NCPs were available at the time of certification and PCA of 
the replacement configuration, and its value is as follows:
 D1=0.90
 D2=0.79
 D3=0.67
 D4=0.54
 D5=0.39
 D6=0.23
 D7=0.05
 Dn=0.00 for n=8 or larger
FE&D=the engineering and development factor specified in 
section 86.1105-87 for the appropriate subclass and pollutant
NCP1=the penalty for each engine or vehicle during the first 
(base) year the NCP is available as calculated in paragraph (a)
Prodtot=total number of engines or vehicles produced in the 
subclass for which NCPs were paid to EPA or to the State of California
ProdCal=number of engines or vehicles in the subclass 
demonstrated to have been titled, registered or principally used in the 
State of California and for which NCPs were paid to the State of 
California under paragraph (g)(1)
Rtot=Total refund due to the manufacturer for the engineering 
and development component of the NCP
RCal=Refund due to the manufacturer from the State of 
California for the engineering and development component of the NCP
REPA=Refund due to the manufacturer from EPA for the 
engineering and development component of the NCP.

[50 FR 35388, Aug. 30, 1985, as amended at 50 FR 53467, Dec. 31, 1985; 
53 FR 19134, May 26, 1988; 55 FR 46629, Nov. 5, 1990; 61 FR 51366, Oct. 
2, 1996]



Sec. 86.1114-87  Suspension and voiding of certificates of conformity.

    (a) The certificate of conformity is suspended with respect to any 
engine or vehicle failing pursuant to paragraph (f) of Sec. 86.1112-87 
effective from the time that a fail decision is made for that engine or 
vehicle.
    (b) Once a certificate has been suspended for a failed engine or 
vehicle as provided for in paragraph (a) of this section, the 
manufacturer shall take the following actions:
    (1) Before the certificate is reinstated for that failed engine or 
vehicle,
    (i) Remedy the nonconformity, and
    (ii) Demonstrate that the engine or vehicle conforms to the 
applicable standards or compliance levels by retesting the engine or 
vehicle in accordance with these regulations; and
    (2) Submit a written report to the Administrator within five working

[[Page 133]]

days after successful completion of testing on the failed engine or 
vehicle, which contains a description of the remedy and test results for 
each engine or vehicle in addition to other information that may be 
required by this regulation.
    (c) The Administrator may suspend the certificate of conformity if 
the manufacturer, after electing to conduct a PCA, fails to adhere to 
the requirements stated in Sec. 86.1106-87(b)(3), (b)(6)(iii), (c)(2), 
or (c)(5)(iii).
    (d) The Administrator may suspend the qualified certificate of 
conformity issued under the conditions specified in Sec. 86.1106-87 if 
the manufacturer fails to adhere to the requirements stated in 
Sec. 86.1106-87(a)(3), (a)(4)(iii), (d)(2)(iii), or (d)(3).
    (e) The Administrator may suspend the certificate of conformity or 
the qualified certificate of conformity if the compliance level as 
determined in Sec. 86.1112-87(a) is in excess of the upper limit.
    (f) The Administrator may void the certificate of conformity if the 
compliance level as determined in Sec. 86.1112-87(a) is in excess of the 
upper limit and the manufacturer fails to recall any engines or vehicles 
introduced into commerce pursuant to Sec. 86.1106-87(a)(4)(ii), 
(b)(6)(ii), (c)(5)(ii) or (d)(2)(ii).
    (g) The Administrator may void the certificate of conformity for 
those engines or vehicles for which the manufacturer fails to meet the 
requirements of Sec. 86.1106-87(a)(4)(i), (b)(6)(i), (c)(5)(i), or 
(d)(2)(i).
    (h) The Administrator shall notify the manufacturer in writing of 
any suspension or voiding of a certificate of conformity in whole or in 
part, except as provided for in paragraph (a) of this section.
    (i) A certificate of conformity suspended or voided under paragaph 
(c), (d), (e), (f) or (g) of this section may be reinstated after a 
written request by the manufacturer and under such terms and conditions 
as the Administrator may require and after the manufacturer demonstrates 
compliance with applicable requirements.
    (j) After the Administrator suspends or voids a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend or void a certificate of conformity under Sec. 86.087-
30(e), and prior to the commencement of a hearing, if any, under 
Sec. 86.1115-87, if the manufacturer demonstrates to the Administrator's 
satisfaction that the decision to suspend or void the certificate was 
based on erroneous information, the Administrator shall reinstate the 
certificate.



Sec. 86.1115-87  Hearing procedures for nonconformance determinations and penalties.

    (a) Applicability. The procedures prescribed by this section shall 
apply whenever a manufacturer requests a hearing pursuant to 
Sec. 86.087-30(e)(6)(i), Sec. 86.087-30(e)(7), or Sec. 86.1113-87(f).
    (b) Definitions. The following definitions shall be applicable to 
this section:
    (1) Hearing Clerk shall mean the Hearing Clerk of the Environmental 
Protection Agency.
    (2) Manufacturer means a manufacturer contesting a compliance level 
or penalty determination sent to the manufacturer.
    (3) Party means the Agency and the manufacturer.
    (4) Presiding Officer shall mean an Administrative Law Judge 
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as 
amended).
    (5) Environmental Appeals Board shall mean the Board within the 
Agency described in Sec. 1.25 of this title. The Administrator delegates 
authority to the Environmental Appeals Board to issue final decisions in 
appeals filed under this subpart. Appeals directed to the Administrator, 
rather than to the Environmental Appeals Board, will not be considered. 
This delegation of authority to the Environmental Appeals Board does not 
preclude the Environmental Appeals Board from referring an appeal or a 
motion filed under this subpart to the Administrator for decision when 
the Environmental Appeals Board, in its discretion, deems it appropriate 
to do so. When an appeal or motion is referred to the Administrator, all 
parties shall be so notified and the rules in this part referring to the 
Environmental Appeals Board shall be interpreted as referring to the 
Administrator.

[[Page 134]]

    (c) Request for public hearing. (1) A manufacturer may request a 
hearing pursuant to Sec. 86.1113-87(f) if it disagrees with the 
Administrator's determination of compliance level or penalty calculation 
or both, or pursuant to Sec. 86.085-30(e)(6)(i) or Sec. 86.085-30(e)(7) 
if it disagrees with the Administrator's proposed suspension or voiding 
of a certificate of conformity. Requests for such a hearing shall be 
filed no later than 15 days:
    (i) After receipt of the Administrator's notification of NCP, if the 
compliance level is in the allowable range of non-conformity, or
    (ii) After completion of the Production Compliance Audit, if the 
compliance level exceeds the upper limit, or
    (iii) After receipt of the Administrator's notification of a 
proposed suspension or voiding of a certificate of conformity if the 
hearing is requested pursuant to Secs. 86.085-30(e)(6)(i) or 86.085-
30(e)(7), unless otherwise specified by the Administrator. The 
manufacturer shall simultaneously serve two copies of this request upon 
the Director of the Manufacturers Operations Division and file two 
copies with the Hearing Clerk. Failure of the manufacturer to request a 
hearing within the time provided constitutes a waiver of the right to a 
hearing. Subsequent to the expiration of the period for requesting a 
hearing as of right, the Administrator may, in his discretion and for 
good cause shown, grant the manufacturer a hearing to contest the 
compliance level or penalty calculation.
    (2) The request for a public hearing shall contain:
    (i) A statement as to which vehicle or engine subclasses or 
configurations are to be the subject of the hearing;
    (ii) A concise statement of the issues to be raised by the 
manufacturer at the hearing for each vehicle or engine subclass or 
configuration for which the manufacturer has requested the hearing. 
Provided, however, That in the case of a hearing requested under 
Sec. 86.1113-87(f), the hearing shall be restricted to the following 
issues:
    (A) Whether the compliance level was determined in accordance with 
the procedures in Sec. 86.1112-87(a); or
    (B) Whether the penalty was calculated in accordance with the 
procedures in Sec. 86.1113-87(a).
    (iii) A statement specifying reasons why the manufacturer believes 
it will prevail on the merits on each of the issues so raised; and
    (iv) A summary of the evidence which supports the manufacturer's 
position on each of the issues so raised.
    (3) A copy of all requests for public hearings shall be kept on file 
in the Office of the Hearing Clerk and shall be made available to the 
public during Agency business hours.
    (d) Summary decision. (1) In the case of a hearing requested under 
Sec. 86.1113-87(f) when it clearly appears from the data and other 
information contained in the request for a hearing that there is no 
genuine and substantial question of fact with respect to the issues 
specified in Sec. 86.1115-87(c)(2)(ii), the Administrator will enter an 
order denying the request for a hearing, and reaffirming the original 
compliance level determination or penalty calculation.
    (2) Any order issued under paragraph (d)(1) of this section shall 
have the force and effect of a final decision of the Administrator, as 
issued pursuant to paragraph (v)(4) of this section.
    (3) If the Administrator determines that a genuine and substantial 
question of fact does exist with respect to any of the issues referred 
to in paragraph (d)(1) of this section, he shall grant the request for a 
hearing and publish a notice of public hearing in accordance with 
paragraph (h) of this section.
    (e) Filing and service. (1) An original and two copies of all 
documents or papers required or permitted to be filed pursuant to this 
section shall be filed with the Hearing Clerk. Filing shall be deemed 
timely if mailed, as determined by the postmark to the Hearing Clerk 
within the time allowed by this section. If filing is to be accomplished 
by mailing, the documents shall be sent to the address set forth in the 
notice of public hearing as described in paragraph (h) of this section.
    (2) To the maximum extent possible, testimony shall be presented in 
written form. Copies of written testimony shall be served upon all 
parties as soon as practicable prior to the start of the

[[Page 135]]

hearing. A certificate of service shall be provided on or accompany each 
document or paper filed with the Hearing Clerk. Documents to be served 
upon the Director of the Manufacturers Operations Division shall be sent 
by registered mail to: Director, Manufacturers Operations Division, U.S. 
Environmental Protection Agency (EN-340F), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Service by registered mail is complete upon 
mailing.
    (f) Time. (1) In computing any period of time prescribed or allowed 
by this section, except as otherwise provided, the day of the act or 
event from which the designated period of time begins to run shall not 
be included. Saturdays, Sundays, and Federal legal holidays shall be 
included in computing any such period allowed for the filing of any 
document or paper, except that when such a period expires on a Saturday, 
Sunday, or Federal legal holiday, such period shall be extended to 
include the next following business day.
    (2) A prescribed period of time within which a party is required or 
permitted to do an act shall be computed from the time of service, 
except that when service is accomplished by mail, three days shall be 
added to the prescribed period.
    (g)(1) Consolidation. The Administrator of the Presiding Officer in 
his discretion may consolidate two or more proceedings to be held under 
this section for the purpose of resolving one or more issues whenever it 
appears that such consolidation will expedite or simplify consideration 
of such issues. Consolidation shall not affect the right of any party to 
raise issues that could have been raised if consolidation had not 
occurred.
    (2) If a vehicle or engine is determined to be in nonconformity 
during certification testing under subpart A of this part, then the 
manufacturer may wait to challenge the determination until after 
production compliance auditing and calculation of his penalty and may 
consolidate challenges to the determination of nonconformity and the 
compliance level determination or the penalty calculation, without 
losing any rights he would otherwise have had.
    (3) If a vehicle or engine is determined to be in nonconformity 
during selective enforcement auditing under subpart K of this part, then 
the manufacturer must wait to challenge the determination until after 
the compliance level determination and the penalty calculation, and must 
consolidate challenges to the determination of nonconformity and the 
compliance level determination or the calculation of the penalty.
    (h) Notice of public hearings. (1) Notice of public hearing under 
this section shall be given by publication in the Federal Register and 
by such other means as the Administrator finds appropriate to provide 
notice to the public. To the extent possible, hearings under this 
section shall be scheduled to commence within 30 days of receipt of the 
application in paragraph (c) of this section.
    (2) [Revised]
    (i) Amicus curiae. Persons not parties to the proceeding wishing to 
file briefs may do so by leave of the Presiding Officer granted on 
motion. A motion for leave shall identify the interest of the applicant 
and shall state the reasons why the proposed amicus brief is desirable.
    (j) Presiding Officer. The Presiding Officer shall have the duty to 
conduct a fair and impartial hearing in accordance with 5 U.S.C. 554, 
556 and 557 and to take all necessary action to avoid delay in the 
disposition of the proceedings and to maintain order. He shall have all 
power consistent with Agency rules and with the Administrative Procedure 
Act necessary to this end, including the following:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and exclude irrelevant or 
repetitious material;
    (3) To regulate the course of the hearings and the conduct of the 
parties and their counsel therein;
    (4) To hold conferences for simplification of the issues or any 
other proper purpose;
    (5) To consider and rule upon all procedural and other motions 
appropriate in such proceedings;
    (6) To require the submission of direct testimony in written form 
with or

[[Page 136]]

without affidavit whenever, in the opinion of the Presiding Officer, 
oral testimony is not necessary for full and true disclosure of the 
facts;
    (7) To enforce agreements and orders requiring access as authorized 
by law;
    (8) To require the filing of briefs on any matter on which he is 
required to rule;
    (9) To require any party or any witness, during the course of the 
hearing, to state his position on any issue;
    (10) To take or cause depositions to be taken whenever the ends of 
justice would be served thereby;
    (11) To make decisions or recommend decisions to resolve the 
disputed issues on the record of the hearing;
    (12) To issue, upon good cause shown, protective orders as described 
in paragraph (n) of this section.
    (k) Conferences. (1) At the discretion of the Presiding Officer, 
conferences may be held prior to or during any hearing. The Presiding 
Officer shall direct the Hearing Clerk to notify all parties of the time 
and location of such conference. At the discretion of the Presiding 
Officer, persons other than parties may attend. At a conference the 
Presiding Officer may:
    (i) Obtain stipulations and admissions, receive requests and order 
depositions to be taken, identify disputed issues of fact and law, and 
require or allow the submission of written testimony from any witness or 
party;
    (ii) Set a hearing schedule for as many of the following as are 
deemed necessary by the Presiding Officer:
    (A) Oral and written statements;
    (B) Submission of written direct testimony as required or authorized 
by the Presiding Officer;
    (C) Oral direct and cross-examination of a witness where necessary 
as prescribed in paragraph (p) of this section; and
    (D) Oral argument, if appropriate.
    (iii) Identify matters of which official notice may be taken;
    (iv) Consider limitation of the number of expert and other 
witnesses;
    (v) Consider the procedure to be followed at the hearing; and
    (vi) Consider any other matter that may expedite the hearing or aid 
in the disposition of the issue.
    (2) The results of any conference including all stipulations shall, 
if not transcribed, be summarized in writing by the Presiding Officer 
and made part of the record.
    (l) Primary discovery (exchange of witness lists and documents). (1) 
At a prehearing conference or within some reasonable time set by the 
Presiding Officer prior to the hearing, each party shall make available 
to the other parties the names of the expert and other witnesses the 
party expects to call, together with a brief summary of their expected 
testimony and list of all documents and exhibits which the party expects 
to introduce into evidence. Thereafter, witnesses, documents, or 
exhibits may be added and summaries of expected testimony amended upon 
motion by a party.
    (2) The Presiding Officer may upon motion by a party or other 
person, and for good cause shown, by order
    (i) Restrict or defer disclosure by a party of the name of a witness 
or a narrative summary of the expected testimony of a witness, and
    (ii) Prescribe other appropriate measures to protect a witness. Any 
party affected by any such action shall have an adequate opportunity, 
once he learns the name of a witness and obtains the narrative summary 
of this expected testimony, to prepare for the presentation of this 
case.
    (m) Other discovery. (1) Except as provided by paragraph (m)(1) of 
this section, further discovery under this paragraph shall be permitted 
only upon determination by the Presiding Officer:
    (i) That such discovery will not in any way unreasonably delay the 
proceeding;
    (ii) That the information to be obtained is not obtainable 
voluntarily; and
    (iii) That such information has significant probative value. The 
Presiding Officer shall be guided by the procedures set forth in the 
Federal Rules of Civil Procedure, where practicable, and the precedents 
thereunder, except that no discovery shall be undertaken except upon 
order of the Presiding Officer or upon agreement of the parties.
    (2) The Presiding Officer shall order depositions upon oral 
questions only

[[Page 137]]

upon a showing of good cause and upon a finding that:
    (i) The information sought cannot be obtained by alternative 
methods; or
    (ii) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (3) Any party to the proceeding desiring an order of discovery shall 
make a motion or motions therefor. Such a motion shall set forth:
    (i) The circumstances warranting the taking of the discovery;
    (ii) The nature of the information expected to be discovered; and
    (iii) The proposed time and place where it will be taken. If the 
Presiding Officer determines the motion should be granted, he shall 
issue an order for the taking of such discovery together with the 
conditions and terms thereof.
    (4) Failure to comply with an order issued pursuant to this 
paragraph may lead to the inference that the information to be 
discovered would be adverse to the person or party from whom the 
information was sought.
    (n) Protective orders, in camera proceedings. (1) Upon motion by a 
party or by the person from whom discovery is sought, and upon a showing 
by the movant that the disclosure of the information to be discovered, 
or a particular part thereof (other than emission data), would result in 
methods or processes entitled to protection as trade secrets of the 
person being divulged, the Presiding Officer may enter a protective 
order with respect to such material. Any protective order shall contain 
such terms governing the treatment of the information as may be 
appropriate under the circumstances to prevent disclosure outside the 
hearing, provided that the order shall state that the material shall be 
filed separately from other evidence and exhibits in the hearing. 
Disclosure shall be limited to parties to the hearing, their counsel and 
relevant technical consultants, and authorized representatives of the 
United States concerned with carrying out the Act. Except in the case of 
the government, disclosure may be limited to counsel for parties who 
shall not disclose such information to the parties themselves. Except in 
the case of the government, disclosure to a party or his counsel shall 
be conditioned on execution of a sworn statement that no disclosure of 
the information will be made to persons not entitled to receive it under 
the terms of the protective order. (No such provision is necessary where 
government employees are concerned because disclosure by them is subject 
to the terms of 18 U.S.C. 1905.)
    (2)(i) A party or person seeking a protective order may be permitted 
to make all or part of the required showing in camera. A record shall be 
made of such in camera proceedings. If the Presiding Officer enters a 
protective order following a showing in camera, the record of such 
showing shall be sealed and preserved and made available to the Agency 
or court in the event of appeal.
    (ii) Attendance at any in camera proceeding may be limited to the 
Presiding Officer, representatives of the Agency, and the person or 
party seeking the protective order.
    (3) Any party, subject to the terms and conditions of any protective 
order issued pursuant to paragraph (n)(1) of this section, that desires 
to make use of any in camera documents or testimony in the presentation 
of his case shall apply to the Presiding Officer by motion for 
permission to do so, and shall state the justification for the motion. 
The Presiding Officer, in granting any such motion, shall enter an order 
protecting the rights of the affected persons and parties as far as is 
practicable, and preventing unnecessary disclosure of such information 
and testimony concerning such information.
    (4) In the submittal of proposed findings, briefs, or other papers, 
counsel for all parties shall make a good faith attempt to refrain from 
disclosing the specific details of in camera documents and testimony. 
This shall not preclude references in such proposed findings, briefs, or 
other papers to such documents or testimony. This shall not preclude 
references in such proposed findings, briefs, or other papers marked 
``confidential,'' which shall become part of the in camera record.
    (o) Motions. (1) All motions, except those made orally during the 
course of the hearing, shall be in writing and

[[Page 138]]

shall state with particularity the grounds therefore, shall set forth 
the relief or order sought, and shall be filed with the Hearing Clerk 
and served upon all parties.
    (2) Within such time as may be fixed by the Environmental Appeals 
Board or the Presiding Officer, as appropriate, any party may serve and 
file an answer to the motion. The movant shall, if requested by the 
Environmental Appeals Board or the Presiding Officer, as appropriate, 
serve and file reply papers, within the time set by the request.
    (3) The Presiding Officer shall rule upon all motions filed or made 
prior to the filing of his decision or accelerated decision, as 
appropriate. The Environmental Appeals Board shall rule upon all motions 
filed prior to the appointment of a Presiding Officer and all motions 
filed after the filing of the decision of the Presiding Officer or 
accelerated decision. Oral argument of motions will be permitted only if 
the Presiding Officer or the Environmental Appeals Board, as 
appropriate, deems it necessary.
    (p) Evidence. (1) The official transcripts and exhibits, together 
with all papers and requests filed in the proceeding, shall constitute 
the record. Immaterial or irrelevent parts of an admissible document 
shall be segregated and excluded so far as practicable. Documents or 
parts thereof subject to a protective order under paragraph (n) of this 
section shall be segregated. Evidence may be received at the hearing 
even though inadmissible under the rules of evidence applicable to 
judicial proceedings. The weight to be given evidence shall be 
determined by its reliability and probative value.
    (2) The Presiding Officer shall allow the parties to examine and 
cross-examine a witness to the extent that such examination and cross-
examination is necessary for a full and true disclosure of the facts.
    (3) Rulings of the Presiding Officer on the admissibility of 
evidence, the propriety of examination and cross-examination and other 
procedural matters shall appear in the record.
    (4) Parties shall automatically be presumed to have taken exception 
to an adverse ruling.
    (q) Record. (1) Hearings shall be stenographically reported and 
transcribed and the original transcripts shall be part of the record. 
Copies of the records shall be filed with the Hearing Clerk and made 
available during Agency business hours for public inspection. Any person 
who wants a copy of the record of the hearing or any part thereof, 
except as provided in paragraph (n) of this section, shall be entitled 
to the same upon payment of the cost thereof.
    (2) The official transcripts and exhibits, together with all papers 
and requests filed in the proceeding, shall constitute the record.
    (r) Proposed findings, conclusions. (1) Within 30 days of the close 
of the reception of evidence, or within such longer time as may be fixed 
by the Presiding Officer, any party may submit for the consideration of 
the Presiding Officer proposed findings of fact, conclusions of law, and 
a proposed order, together with reasons therefore and briefs in support 
thereof. Such proposals shall be in writing, shall be served upon all 
parties, and shall contain adequate references to the record and 
authorities relied upon.
    (2) The record shall show the Presiding Officer's ruling on the 
proposed findings and conclusions except when his order disposing of the 
proceeding otherwise informs the parties of the action taken by him.
    (s) Decision of the Presiding Officer. (1) Unless extended by the 
Environmental Appeals Board, the Presiding Officer shall issue and file 
with the Hearing Clerk his decision within 30 days after the period for 
filing proposed findings has expired, as provided for in paragraph (c) 
of this section.
    (2) The Presiding Officer's decision shall become the decision of 
the Environmental Appeals Board (i) 10 days after issuance thereof, if 
no notice of intention to appeal as described in paragraph (t) of this 
section is filed, unless in the interim the Environmental Appeals Board 
shall have taken action to review or stay the effective date of the 
decision; or (ii) 5 days after expiration of the period allowed by

[[Page 139]]

paragraph (t)(1) of this section for perfection of an appeal, if a 
notice of intention to appeal is filed but the appeal is not perfected, 
unless within that 5 day period the Environmental Appeals Board shall 
have taken action to review or stay the effective date of the decision;
    (3) The Presiding Officer's decision shall include a statement of 
findings and conclusions, as well as the reasons or basis therefore, 
upon all the material issues of fact or law presented on the record and 
an appropriate rule or order. Such decision shall be supported by 
substantial evidence and based upon a consideration of the whole record.
    (4) At any time prior to the issuance of his decision, the Presiding 
Officer may reopen the proceeding for the reception of further evidence. 
Except for the correction of clerical errors, the jurisdiction of the 
Presiding Officer is terminated upon the issuance of his decision.
    (t) Appeal from the decision of the Presiding Officer. (1) Any party 
to a proceeding may appeal the Presiding Officer's decision to the 
Environmental Appeals Board, Provided, That within 10 days after 
issuance of the Presiding Officer's decision such party files a notice 
of intention to appeal and an appeal brief within 20 days of such 
decision.
    (2) When an appeal is taken from the decision of the Presiding 
Officer, any party may file a brief with respect to such appeal. The 
brief shall be filed within the same time limits as the appellant's 
brief.
    (3) Any brief filed pursuant to this paragraph shall contain in the 
order indicated, the following:
    (i) A subject index of the matter in the brief, with page 
references, and a table of cases (alphabetically arranged), textbooks, 
statutes, and other material cited, with page references thereto;
    (ii) A specification of the issues intended to be appealed;
    (iii) The argument, presenting clearly the points of fact and law 
relied upon in support of the position taken on each issue, with 
specific page references to the record and legal or other material 
relied upon; and
    (iv) A proposed order for the Environmental Appeals Board's 
consideration if different from the order contained in the Presiding 
Officer's decision.
    (4) No brief in excess of 15 pages shall be filed without leave of 
the Environmental Appeals Board.
    (5) Oral argument will be allowed only in the discretion of the 
Environmental Appeals Board.
    (u) Review of the Presiding Officer's decision in absence of appeal. 
(1) If, after the expiration of the period for taking an appeal as 
provided for by paragraph (t) of this section, no notice of intention to 
appeal the decision of the Presiding Officer has been filed, or if 
filed, not perfected, the Hearing Clerk shall so notify the 
Environmental Appeals Board.
    (2) The Environmental Appeals Board, upon receipt of notice from the 
Hearing Clerk that no notice of intention to appeal has been filed, or 
if filed, not perfected pursuant to paragraph (t)(1) of this section, 
may, on its own motion, within 14 days after notice from the Hearing 
Clerk, review the decision of the Presiding Officer. Notice of the 
intention of the Environmental Appeals Board to review the decision of 
the Presiding Officer shall be given to all parties and shall set forth 
the scope of such review and the issues which shall be considered and 
shall make provisions for filing of briefs.
    (v) Decision of appeal or review. (1) Upon appeal from or review of 
the Presiding Officer's the Environmental Appeals Board shall consider 
such parts of the record as are cited or as may be necessary to resolve 
the issues presented and in addition shall, to the extent necessary or 
desirable, exercise all the powers which it could have exercised if it 
had presided at the hearing.
    (2) In rendering its decision, the Environmental Appeals Board shall 
adopt, modify, or set aside the findings, conclusions, and order 
contained in the decision of the Presiding Officer and shall set forth 
in its decision a statement of the reasons or bases for this action.
    (3) In those cases where the Environmental Appeals Board determines 
that it should have further information or additional views of the 
parties as to the form and content of the rule or order to be issued, 
the Environmental

[[Page 140]]

Appeals Board, in its discretion, may without final action pending the 
receipt of such additional information or views, or may remand the case 
to the Presiding Officer.
    (4) Any decision rendered under this paragraph which completed 
disposition of a case shall be a final decision of the Environmental 
Appeals Board.
    (w) Reconsideration. Any party may file with the Environmental 
Appeals Board a petition for reconsideration of such decision setting 
forth the relief desired and the grounds in support thereof. This 
petition must be filed within 20 days of the issuance of the 
Environmental Appeals Board's decision, and must be confined to new 
questions raised by the decision or final order and which the petitioner 
had no opportunity to argue before the Presiding Officer or the 
Environmental Appeals Board, unless otherwise specified by the 
Environmental Appeals Board. Subsequent to the expiration of the period 
for petitioning for reconsideration, the Environmental Appeals Board 
may, in its discretion and for good cause shown, grant the manufacturer 
a hearing to contest the compliance level or the penalty calculation 
even though such issues may have been raised in the previous proceeding. 
Any party desiring to oppose such a petition, shall file an answer 
thereto within 10 days after the filing of the petition. The filing of a 
petition for reconsideration shall not operate to stay the effective 
date of the decision or order or to toll the running of any statutory 
time period affecting such decision or order unless specifically so 
ordered by the Environmental Appeals Board.
    (x) Accelerated decision, dismissal. (1) The Presiding Officer, upon 
motion of any party or sua sponte, may at any time render an accelerated 
decision in favor of the Agency or the manufacturer as to all or any 
part of the proceeding, without further hearing or upon such limited 
additional evidence such as affidavits as he may require, or dismiss any 
party with prejudice, for any of the following reasons:
    (i) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (ii) The lack of any genuine issue of material fact, causing a party 
to be entitled to judgment as a matter of law; or
    (iii) Such other and further reasons as are just, including 
specifically, failure to obey a procedural order of the Presiding 
Officer.
    (2) If under this paragraph an accelerated decision is issued as to 
all the issues and claims joined in the proceeding, the decision shall 
be treated for the purposes of these procedures as the decision of the 
Presiding Officer, as provided in paragraph (s) of this section.
    (3) If under this paragraph, judgment is rendered on less than all 
issues or claims in the proceeding, the Presiding Officer shall 
determine what material facts exist without substantial controversy and 
what material facts are actually and in good faith controverted. He 
shall thereupon issue an order specifying the facts which appear without 
substantial controversy, and the issues and claims upon which the 
hearing will proceed.
    (y) Conclusion of hearing. (1) If, after the expiration of the 
period for taking an appeal as provided by paragraph (t) of this 
section, no appeal has been taken from the Presiding Officer's decision, 
and after the expiration of the period for review by the Environmental 
Appeals Board on its own motion as provided for by paragraph (u) of this 
section, the Environmental Appeals Board does not move to review such 
decision, the hearing will be deemed to have ended at the expiration of 
all periods allowed for such appeal and review.
    (2) If an appeal of the Presiding Officer's decision is taken 
pursuant to paragraph (t) of this section, or if, in the absence of such 
appeal the Environmental Appeals Board moves to review the decision of 
the Presiding Officer pursuant to paragraph (u) of this section, the 
hearing will be deemed to have ended upon issuance of a final decision 
by the Environmental Appeals Board.
    (z) Judicial review. (1) The Administrator hereby designates the 
General Counsel of the Environmental Protection Agency as the officer 
upon whom any copies for judicial review shall be served. Such officer 
shall be responsible for filing in the court the record

[[Page 141]]

on which the order of the Environmental Appeals Board is based.
    (2) [Reserved]

[50 FR 35388, Aug. 30, 1985, as amended at 50 FR 53467, Dec. 31, 1985; 
55 FR 46630, Nov. 5, 1990; 57 FR 5333, Feb. 13, 1992]



Sec. 86.1116-87  Treatment of confidential information.

    (a) Any manufacturer may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a manufacturer must indicate clearly the items of 
information claimed confidential by marking, circling, bracketing, 
stamping, or otherwise specifying the confidential information. 
Furthermore, EPA requests, but does not require, that the submitter also 
provide a second copy of its submittal from which all confidential 
information has been deleted. If a need arises to publicly release 
nonconfidential information, EPA will assume that the submitter has 
accurately deleted the confidential information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to this subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Environmental Appeals Board only to the extent and by means of the 
procedures set forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).

[50 FR 34798, Aug. 27, 1985, as amended at 57 FR 5334, Feb. 13, 1992]



Subpart M--Evaporative Emission Test Procedures for New Gasoline-Fueled, 
 Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled 
                           Heavy-Duty Vehicles

    Authority: Secs. 202, 206, 301, Clean Air Act as amended, 42 U.S.C. 
7521, 7525, 7601.

    Source: 48 FR 1456, Jan. 12, 1983, unless otherwise noted.



Sec. 86.1201-90  Applicability.

    (a) The provisions of this subpart are applicable to new gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-
fueled heavy-duty vehicles.
    (b) Provisions of this subpart apply to tests performed by both the 
Administrator and motor vehicle manufacturers.
    (c) Test procedures and equipment other than those described in this 
subpart may be used by the vehicle manufacturer if shown to yield 
results which correlate with results yielded by those described in this 
subpart (with the reference driving schedule described in Sec. 86.1215-
85(a)) and if approved in advance by the Administrator.

[54 FR 14562, Apr. 11, 1989, as amended at 59 FR 48521, Sept. 21, 1994]



Sec. 86.1202-85  Definitions.

    Applicable definitions in Secs. 86.077-2, 86.078-2, 86.079-2, 
86.080-2, 86.081-2, 86.082-2 and 86.085-2 apply to this subpart.



Sec. 86.1203-85  Abbreviations.

    The abbreviations in Sec. 86.079-3 apply to this subpart.



Sec. 86.1204  Section numbering.

    The section numbering system set forth in Sec. 86.104 applies to 
this subpart.

[59 FR 48521, Sept. 21, 1994]



Sec. 86.1205-90  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to

[[Page 142]]

follow in order to determine evaporative emission levels from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-
fueled heavy-duty vehicles.
    (b) Three topics are addressed in this subpart. Sections 86.1206 
through 86.1215 set forth specifications and equipment requirements; 
Secs. 86.1216 through 86.1226 discuss calibration methods and frequency; 
test procedures and data requirements are listed in Secs. 86.1227 
through 86.1246.

[54 FR 14562, Apr. 11, 1989, as amended at 58 FR 16047, Mar. 24, 1993; 
59 FR 48521, Sept. 21, 1994]



Sec. 86.1206-90  Equipment required; overview.

    This subpart specifies procedures for testing of gasoline-fueled and 
methanol-fueled heavy-duty vehicles. Equipment required and 
specifications are as follows:
    (a) Evaporative emissions tests. Sec. 86.1207 specifies the 
necessary equipment.
    (b) Fuel, analytical gas, and driving schedule specifications. Fuel 
specifications for emission testing and for service accumulation are 
specified in Sec. 86.1213. Analytical gases are specified in 
Sec. 86.1214. Both vehicle preconditioning for the diurnal loss test and 
vehicle operation prior to the hot soak loss test include operation on a 
chassis dynamometer. The driving cycle (EPA heavy-duty vehicle urban 
dynamometer driving schedule) is specified in Sec. 86.1215.

[54 FR 14562, Apr. 11, 1989]



Sec. 86.1206-96  Equipment required; overview.

    This subpart specifies procedures for testing of gasoline-fueled, 
natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled 
heavy-duty vehicles. Equipment required and specifications are as 
follows:
    (a) Evaporative emission tests. Section 86.1207 specifies the 
necessary equipment.
    (b) Fuel, analytical gas, and driving schedule specifications. Fuel 
specifications for emission testing and for service accumulation are 
specified in Sec. 86.1213. Analytical gases are specified in 
Sec. 86.1214. Evaporative testing requires vehicle operation on a 
chassis dynamometer. The driving cycle is specified in Sec. 86.1215.

[58 FR 16047, Mar. 24, 1993, as amended at 59 FR 48521, Sept. 21, 1994; 
65 FR 59957, Oct. 6, 2000]



Sec. 86.1207-90  Sampling and analytical system; evaporative emissions.

    The following is a description of the components which will be used 
in evaporative emissions sampling systems for testing under this 
subpart.
    (a) Evaporative emission measurement enclosure. The enclosure shall 
be readily sealable, rectangular in shape, with space for personnel 
access to all sides of the vehicle. When sealed, the enclosure shall be 
gas tight in accordance with Sec. 86.1217. Interior surfaces must be 
impermeable and non-reactive to hydrocarbons and to methanol (if used 
for methanol-fueled vehicles). One surface should be of flexible, 
impermeable and non-reactive material to allow for minor volume changes, 
resulting from temperature changes. Wall design should promote maximum 
dissipation of heat, and if artificial cooling is used, interior surface 
temperatures shall not be less than 68 [deg]F (20 [deg]C).
    (b) Evaporative emission hydrocarbon and methanol analyzers. (1) For 
gasoline and methanol-fueled vehicles a hydrocarbon analyzer utilizing 
the hydrogen flame ionization principle (FID) shall be used to monitor 
the atmosphere within the enclosure (a heated FID 
(HFID)(235[deg][plusmn]15 [deg]F (113[plusmn]8 [deg]C)) is recommended 
for methanol-fueled vehicles). Instrument bypass flow may be returned to 
the enclosure. The FID shall have a response time to 90 percent of final 
reading of less than 1.5 seconds, and be capable of meeting performance 
requirements expressed as a function of Cstd: where Cstd is the specific 
enclosure hydrocarbon level, in ppm, corresponding to the evaporative 
emission standard:
    (i) Stability of the analyzer shall be better than 0.01 Cstd ppm at 
zero and span over a 15-minute period on all ranges used.
    (ii) Repeatability of the analyzer, expressed as one standard 
deviation, shall be better than 0.005 Cstd ppm on all ranges used.

[[Page 143]]

    (2) For methanol-fueled vehicles, a methanol sampling and analyzing 
system is required in addition to the FID analyzer. The methanol 
sampling equipment shall consist of impingers for collecting the 
methanol sample and appropriate equipment for drawing the sample through 
the impingers. The analytical equipment shall consist of a gas 
chromatograph equipped with a flame ionization detector. (Note: For 1990 
through 1994 model year methanol-fueled vehicles, a HFID, calibrated on 
methanol may be used in place of the HFID calibrated on propane plus the 
methanol impingers and associated analytical equipment.)
    (3) The methanol sampling system described in paragraph (b)(2) of 
this section shall be designed such that, if a test vehicle emitted the 
maximum allowable level of methanol (based on all applicable standards) 
during any phase of the test, the measured concentration in the primary 
impinger would exceed either 25 mg/l or a concentration equal to 25 
times the limit of detection for the GC analyzer, and such that the 
primary impinger collects at least 90 percent of the analyte in the 
samples. The remaining analyte shall be collected by the secondary 
impinger. The provisions of this paragraph apply to the design of 
sampling systems, not to individual tests.
    (c) Evaporative emission hydrocarbon and methanol data recording 
system. (1) The electrical output of the FID used for measuring 
hydrocarbons (or hydrocarbons plus methanol as appropriate) shall be 
recorded at least at the initiation and termination of each diurnal or 
hot soak. The recording may be by means of a strip chart potentiometric 
recorder, by use of an on-line computer system or other suitable means. 
In any case, the recording system must have operational characteristics 
(signal to noise ratio, speed of response, etc.) equivalent to or better 
than those of the signal source being recorded, and must provide a 
permanent record of results. The record shall show a positive indication 
of the initiation and completion of each diurnal or hot soak along with 
the time elapsed between initiation and completion of each soak.
    (2) For the methanol sample, permanent records shall be made of the 
following: the volumes of deionized water introduced into each impinger, 
the rate and time of sample collection and the chromatogram of the 
analyzed sample.
    (d) Tank fuel heating system. The tank fuel heating system shall 
consist of a heat source and a temperature controller. A typical heat 
source is a 2,000 W heating pad. Other sources may be used as required 
by circumstances. The temperature controller may be manual, such as a 
variable voltage transformer, or may be automated. The heating system 
must not cause hot spots on the tank wetted surface which could cause 
local overheating of the fuel. Heat must not be applied to the vapor in 
the tank above the liquid fuel. The temperature controller must be 
capable of controlling the fuel tank temperature during the diurnal soak 
to within [plusmn]3 [deg]F ([plusmn]1.7 [deg]C) of the following 
equation:
    (1) F = To + (0.4)t
    (2) For SI units, C = To - (2/9)t

Where:

F = Temperature in [deg]F.
C = Temperature in [deg]C.
t = Time since start of test in minutes.
To = Initial temperature in [deg]F (or in [deg]C for SI 
          units).

    (e) Temperature recording system. Strip chart recorder(s) or an 
automatic data processor shall be used to record enclosure ambient and 
vehicle fuel tank temperature at least once every minute. The 
temperature recorder or data processor shall have a time accuracy of 
[plusmn]15s, a time precision of [plusmn]15s and be capable of resolving 
temperature to [plusmn]0.75 [deg]F ([plusmn]0.42 [deg]C). The 
temperature recording system (recorder and sensor) shall have an 
accuracy of [plusmn]3 [deg]F ([plusmn]1.7 [deg]C). Two ambient 
temperature sensors, connected to provide one average output, shall be 
located in the enclosure. These sensors shall be located at the 
approximate vertical centerline of each side wall extending 4 inches 
(nominally) into the enclosure at a height of 3[plusmn]0.5 ft 
(0.9[plusmn]0.2 m). The vehicle fuel tank temperature sensor shall be 
located in the fuel tank so as to measure the temperature of the 
prescribed test fuel at the approximate mid-volume of the fuel. 
Manufacturers shall arrange that vehicles furnished

[[Page 144]]

for testing at Federal certification facilities be equipped with iron-
constantan Type J thermocouples for measurement of fuel tank 
temperature.
    (f) Purge blower. One or more portable or fixed blowers shall be 
used to purge the enclosure. The blowers shall have sufficient flow 
capacity to reduce the enclosure hydrocarbon and/or methanol 
concentration from the test level to the ambient level between tests. 
Actual flow capacity will depend upon the time available between tests.
    (g) Mixing blower. One or more blowers or fans with a total capacity 
of 250 to 750 cfm per 1,000 ft\3\ of enclosure volume shall be used to 
mix the contents of the enclosure during evaporative emission testing. 
The mixing blower(s) shall be arranged such that a uniform concentration 
is maintained. No portion of the air stream shall be directed towards 
the vehicle.

[54 FR 14562, Apr. 11, 1989, as amended at 60 FR 34358, June 30, 1995]



Sec. 86.1207-96  Sampling and analytical systems; evaporative emissions.

    (a) Testing enclosures--(1) Diurnal emission test. The enclosure 
shall be readily sealable, rectangular in shape, with space for 
personnel access to all sides of the vehicle. When sealed, the enclosure 
shall be gas tight in accordance with Sec. 86.1217-96. Interior surfaces 
must be impermeable and nonreactive to hydrocarbons (and to methanol, if 
the enclosure is used for methanol-fueled vehicles). The temperature 
conditioning system shall be capable of controlling the internal 
enclosure air temperature to follow the prescribed temperature versus 
time cycle as specified in Sec. 86.1233-96 and appendix II of this part, 
within an instantaneous tolerance of [plusmn]3.0 [deg]F of the nominal 
temperature versus time profile throughout the test, and an average 
tolerance of 2.0 [deg]F over the duration of the test (where the average 
is calculated using the absolute value of each measured deviation). The 
control system shall be tuned to provide a smooth temperature pattern 
that has a minimum of overshoot, hunting, and instability about the 
desired long-term ambient temperature profile. Interior surface 
temperatures shall not be less than 40 [deg]F at any time during the 
diurnal emission test. To accommodate the volume changes due to 
enclosure temperature changes, either a variable-volume or fixed-volume 
enclosure may be used for diurnal emission testing:
    (i) Variable-volume enclosure. The variable-volume enclosure expands 
and contracts in response to the temperature change of the air mass in 
the enclosure. Two potential means of accommodating the internal volume 
changes are moveable panel(s), or a bellows design, in which impermeable 
bag(s) inside the enclosure expand and contract in response to internal 
pressure changes by exchanging air from outside the enclosure. Any 
design for volume accommodation must maintain the integrity of the 
enclosure as specified in Sec. 86.1217-96 over the specified temperature 
range. Any method of volume accommodation shall limit the differential 
between the enclosure internal pressure and the barometric pressure to a 
maximum value of [plusmn]2.0 inches of water. The enclosure shall be 
capable of latching to a fixed volume. A variable-volume enclosure must 
be capable of accommodating a [plusmn]7 percent change from its 
``nominal volume'' (see Sec. 86.1217-96(b)), accounting for temperature 
and barometric pressure variation during testing.
    (ii) Fixed-volume enclosure. The fixed-volume enclosure shall be 
constructed with rigid panels that maintain a fixed enclosure volume, 
and meet the following requirements.
    (A) The enclosure shall be equipped with a mechanism to maintain a 
fixed internal air volume. This may be accomplished either by 
withdrawing air at a constant rate and providing makeup air as needed, 
or by reversing the flow of air into and out of the enclosure in 
response to rising or falling temperatures. If inlet air is added 
continuously throughout the test, it should be filtered with activated 
carbon to provide a relatively low and constant hydrocarbon level. Any 
method of volume accommodation shall maintain the differential between 
the enclosure internal pressure and the barometric pressure to a maximum 
value of [plusmn]2.0 inches of water.
    (B) The equipment shall be capable of measuring the mass of 
hydrocarbon and methanol (if the enclosure is used

[[Page 145]]

for methanol-fueled vehicles) in the inlet and outlet flow streams with 
a resolution of 0.01 gram per hour. A bag sampling system may be used to 
collect a proportional sample of the air withdrawn from and admitted to 
the enclosure. Alternatively, the inlet and outlet flow streams may be 
continuously analyzed using an on-line FID analyzer and integrated with 
the flow measurements to provide a continuous record of the mass 
hydrocarbon and methanol removal.
    (2) Running loss test. The enclosure shall be readily sealable, 
rectangular in shape, with space for personnel access to all sides of 
the vehicle. When sealed, the enclosure shall be gas tight in accordance 
with Sec. 86.1217-96. The enclosure may be equipped with a personnel 
door, provided that the enclosure can still meet the requirements of 
Sec. 86.1217-96 with the door installed. Interior surfaces must be 
impermeable and nonreactive to hydrocarbons and to methanol (if the 
enclosure is used for methanol-fueled vehicles). Interior surface 
temperatures shall not be less than 40 [deg]F. If a running loss 
enclosure meets all the requirements of paragraph (a)(1) of this 
section, it may be used as a diurnal evaporative emission enclosure. The 
enclosure must contain a dynamometer that meets the requirements of 
Sec. 86.1208. Provisions shall be made to remove exhaust gases from the 
enclosure. During the running loss test, ambient temperatures must be 
maintained at 95[plusmn]5 [deg]F (95[plusmn]2 [deg]F on average). An air 
or oxygen cylinder with an attached self-contained breathing apparatus 
may be provided for the vehicle operator. The air required for vehicle 
operation shall be provided by one of the following methods:
    (i) The running loss enclosure may be equipped to supply air to the 
vehicle, at a temperature of 95[plusmn]5 [deg]F, from sources outside of 
the running loss enclosure directly into the operating engine's air 
intake system. Supplemental air requirements (e.g., for an air pump) 
shall be supplied by drawing air from the engine intake source.
    (ii) If it is shown to yield equivalent or superior results, the 
running loss enclosure may be designed with an air makeup system that 
brings outside air into the enclosure to accommodate the aspiration 
needs of the engine and any auxiliary devices. The makeup air shall be 
monitored to establish the background hydrocarbon levels (or hydrocarbon 
and methanol, levels, if applicable) of the makeup air. A filter may be 
used to provide dry air with a stable concentration of background 
hydrocarbon. The makeup-air vent shall be readily sealable for 
calibration of the enclosure and other purposes. For calculation of 
running loss emissions, it may be assumed that the hydrocarbon and 
methanol concentration in the air consumed by the vehicle is the same as 
that of the rest of the air in the enclosure.
    (3) Hot soak test. The hot soak test may be conducted by holding the 
vehicle in an enclosure that meets the requirements for either diurnal 
emission or running loss tests. The enclosure shall be configured to 
provide an internal enclosure ambient temperature of 95[plusmn]10 [deg]F 
for the first 5 minutes, and 95[plusmn]5 [deg]F (95[plusmn]2 [deg]F on 
average) for the remainder of the hot soak test.
    (i) If the hot soak test is conducted in the same enclosure as the 
immediately preceding running loss test, interior surface temperatures 
shall not be below 70 [deg]F for the last 55 minutes of the hot soak 
test.
    (ii) If the hot soak test is not conducted in the same enclosure as 
the immediately preceding running loss test, interior surface 
temperatures shall not be below 70 [deg]F for the duration of the hot 
soak test.
    (b) Evaporative emission hydrocarbon and methanol analyzers. (1) For 
gasoline-, liquefied petroleum gas-, natural gas- and methanol-fueled 
vehicles a hydrocarbon analyzer utilizing the hydrogen flame ionization 
principle (FID) shall be used to monitor the atmosphere within the 
enclosure (a heated FID (HFID)(235[deg][plusmn]15 [deg]F (113[plusmn]8 
[deg]C)) is recommended for methanol-fueled vehicles). Provided 
evaporative emission results are not affected, a probe may be used to 
detect or verify hydrocarbon sources during a running loss test. 
Instrument bypass flow may be returned to the enclosure. The FID shall 
have a response time to 90 percent of final reading of less than 1.5 
seconds.

[[Page 146]]

    (2) For methanol-fueled vehicles, a methanol sampling and analyzing 
system is required in addition to the FID analyzer. The methanol 
sampling equipment shall consist of impingers for collecting the 
methanol sample and appropriate equipment for drawing the sample through 
the impingers. The analytical equipment shall consist of a gas 
chromatograph equipped with a flame ionization detector.
    (3) The methanol sampling system described in paragraph (b)(2) of 
this section shall be designed such that, if a test vehicle emitted the 
maximum allowable level of methanol (based on all applicable standards) 
during any phase of the test, the measured concentration in the primary 
impinger would exceed either 25 mg/l or a concentration equal to 25 
times the limit of detection for the GC analyzer, and such that the 
primary impinger collects at least 90 percent of the analyte in the 
samples. The remaining analyte shall be collected by the secondary 
impinger. The provisions of this paragraph apply to the design of 
sampling systems, not to individual tests.
    (c) Evaporative emission hydrocarbon and methanol data recording 
system. (1) The electrical output of the FID used for measuring 
hydrocarbons (or hydrocarbons plus methanol, as appropriate) shall be 
recorded at least at the initiation and termination of each running loss 
and hot soak test, and at least at the initiation and termination of the 
enclosure sampling period(s) for the diurnal emission test, as described 
in Sec. 86.1233. The recording may be taken by means of a strip chart 
potentiometric recorder, by use of an on-line computer system or other 
suitable means. In any case, the recording system must have operational 
characteristics (signal-to-noise ratio, speed of response, etc.) 
equivalent to or better than those of the signal source being recorded, 
and must provide a permanent record of results. The record shall show a 
positive indication of the initiation and completion of each hot soak, 
running loss, or diurnal emission test (including initiation and 
completion of sampling period(s)), along with the time elapsed during 
each soak.
    (2) For the methanol sample, permanent records shall be made of the 
following: the volumes of deionized water introduced into each impinger, 
the rate and time of sample collection and the chromatogram of the 
analyzed sample.
    (d) Fuel temperature control system. Fuel temperatures of the test 
vehicle shall be controlled, as specified in Sec. 86.1234(g)(1)(xv), 
with the following combination of fans. The control system shall be 
tuned and operated to provide a smooth and continuous fuel temperature 
profile that is representative of the on-road temperature profile. The 
running loss test configuration should be designed to avoid heating or 
cooling the fuel tank's vapor space in a way that would cause vapor 
temperature behavior to be unrepresentative of the vehicle's on-road 
profile.
    (1) A vehicle cooling fan shall discharge air to the front of the 
vehicle. The fan shall be a road-speed modulated fan that is controlled 
to a discharge velocity that follows the dynamometer roll speed, at 
least up to speeds of 30 mph, throughout the driving cycle. If a warning 
light or gauge indicates that the vehicle's engine coolant has 
overheated, subsequent test runs on the that vehicle must include a 
vehicle cooling fan that follows the dynamometer roll speed at all 
speeds throughout the test cycle. The fan may direct airflow to both the 
vehicle radiator air inlet(s) and the vehicle underbody.
    (2) An additional fan may be used to discharge airflow from the 
front of the vehicle directly to the vehicle underbody to control fuel 
temperatures. Such a fan shall provide a total discharge airflow not to 
exceed 8,000 cfm.
    (3) Additional fans may be used to route heating or cooling air 
directly at the bottom of the vehicle's fuel tank. The air supplied to 
the tank shall be between 85[deg] and 160 [deg]F, with a total discharge 
airflow not to exceed 4,000 cfm. For exceptional circumstances, 
manufacturers may direct up to 6,000 cfm at the bottom of the fuel tank 
with the advance approval of the Administrator.
    (4) Direct fuel heating may be needed for canister preconditioning, 
as specified in Sec. 86.1232(j)(2). Also, under exceptional 
circumstances in which airflow alone is insufficient to control fuel 
temperatures during the running loss

[[Page 147]]

test, direct fuel tank heating may be used (see Sec. 86.1234-
96(g)(1)(xv)). The heating system must not cause hot spots on the tank 
wetted surface that could cause local overheating of the fuel. Heat must 
not be applied directly to the tank's vapor space, nor to the liquid-
vapor interface.
    (e) Temperature recording system. A strip chart potentiometric 
recorder, an on-line computer system, or other suitable means shall be 
used to record enclosure ambient temperature during all evaporative 
emission test segments, as well as vehicle fuel tank temperature during 
the running loss test. The recording system shall record each 
temperature at least once every minute. The recording system shall be 
capable of resolving time to [plusmn]15 s and capable of resolving 
temperature to [plusmn]0.75 [deg]F ([plusmn]0.42 [deg]C). The 
temperature recording system (recorder and sensor) shall have an 
accuracy of [plusmn]3 [deg]F ([plusmn]1.7 [deg]C). The recorder (data 
processor) shall have a time accuracy of [plusmn]15 s and a precision of 
[plusmn]15 s. Enclosures shall be equipped with two ambient temperature 
sensors, connected to provide one average output, located 3 feet above 
the floor at the approximate mid-length of each side wall of the 
enclosure and within 3 to 12 inches of each side wall. For diurnal 
emission testing, an additional temperature sensor shall be located 
underneath the vehicle to provide a temperature measurement 
representative of the air temperature under the fuel tank. For running 
loss testing, an ambient temperature sensor shall be located at the 
inlet to the fan that provides engine cooling. Manufacturers shall 
arrange that vehicles furnished for testing at federal certification 
facilities be equipped with temperature sensors for measurement of fuel 
tank temperatures. Vehicles shall be equipped with two temperature 
sensors installed to provide an average liquid fuel temperature. The 
temperature sensors shall be placed to measure the temperature at the 
mid-volume of the liquid fuel at a fill level of 40 percent of nominal 
tank capacity. An additional temperature sensor may be placed to measure 
vapor temperatures approximately at the mid-volume of the vapor space, 
though measurement of vapor temperatures is optional during the running 
loss test. In-tank temperature sensors are not required for the 
supplemental two-diurnal test sequence specified in Sec. 86.1230-96.
    (f) Pressure recording system. A strip chart potentiometric 
recorder, an on-line computer system, or other suitable means, shall be 
used to record the enclosure gage pressure for any testing in an 
enclosure, as well as the vehicle's fuel tank pressure during the 
running loss test and the outdoor driving procedure specified in 
Sec. 86.1229-85(d). Fuel tank pressure measurement and recording 
equipment are optional during the running loss test. The recording 
system shall record each pressure at least once every minute. The 
recording system shall be capable of resolving time to [plusmn]15 s and 
capable of resolving pressure to [plusmn]0.1 inches of water. The 
pressure recording system (recorder and sensor) shall have an accuracy 
of [plusmn]1.0 inch of water. The recorder (data processor) shall have a 
time accuracy of [plusmn]15 s and a precision of [plusmn]15 s. The 
pressure transducer shall be installed to measure the pressure in the 
vapor space of the fuel tank.
    (g) Purge blower. One or more portable or fixed blowers shall be 
used to purge the enclosure. The blowers shall have sufficient flow 
capacity to reduce the enclosure hydrocarbon and/or methanol 
concentration from the test level to the ambient level between tests. 
Actual flow capacity will depend upon the time available between tests.
    (h) Mixing blower. Blowers or fans shall be used to mix the 
enclosure contents during evaporative emission testing. The inlets and 
outlets of the air circulation blower(s) shall be configured to provide 
a well dispersed air circulation pattern that produces effective 
internal mixing and avoids significant temperature or hydrocarbon 
stratification. Maintenance of uniform concentrations throughout the 
enclosure is important to the accuracy of testing.
    (1) Diurnal emission test. Blowers or fans shall have a capacity of 
0.8[plusmn]0.2 cfm per cubic foot of the nominal enclosure volume for 
mixing in the enclosure. Additional fans may be used to maintain a 
minimum wind speed of 5 mph (8 km/h) under the fuel tank of the test 
vehicle.

[[Page 148]]

    (2) Running loss test. Blowers or fans shall have a total capacity 
of at least 1.0 cfm per cubic foot of the nominal enclosure volume.
    (3) Hot soak test. Blowers or fans must have a capacity of 
0.8[plusmn]0.2 cfm per cubic foot of the nominal enclosure volume. 
Circulated air shall not be aimed directly at the vehicle.
    (i) Point-source running loss measurement facility. Some system 
requirements pertain specifically to running loss testing by the point-
source method, in which emissions from potential sources are collected 
and routed to a sampling system. Emissions are sampled with the same 
equipment and techniques as for exhaust emission measurement. The test 
environment must contain a dynamometer that meets the requirements of 
Sec. 86.108. During the running loss test, ambient temperatures must be 
maintained at 95[plusmn]5 [deg]F (95[plusmn]2 [deg]F on average). An air 
or oxygen cylinder with an attached self-contained breathing apparatus 
may be provided for the vehicle operator.
    (1) The running loss vapor vent collection system shall be 
configured to collect all running loss emissions from each of the 
discrete point sources that function as vehicle fuel system vapor vents, 
and transport the collected vapor emissions to a CFV- or PDP-based 
dilution and measurement system. The collection system shall consist of 
a collector at each vehicle vapor vent, lengths of heated sample line 
connecting each collector to the inlet of the heated sample pump, and 
lengths of heated sample line connecting the outlet of the heated sample 
pump to the inlet of the running loss fuel vapor sampling system. Up to 
3 feet of unheated line connecting each of the vapor collectors to the 
heated sample lines shall be allowed. Each heated sample pump and its 
associated sample lines shall be maintained at a temperature between 175 
[deg]F and 200 [deg]F to prevent condensation of fuel vapor in the 
sample lines. The heated sample pump(s) and its associated flow controls 
shall be configured and operated to draw a flow of ambient air into each 
collector at a flow rate of at least 0.67 cfm. The flow controls on each 
heated sampling system shall include an indicating flow meter that 
provides an alarm output to the data recording system if the flow rate 
drops below 0.67 cfm by more than 5 percent. The collector inlet for 
each discrete vapor vent shall be placed in proximity to the vent as 
necessary to capture any fuel vapor emissions without significantly 
affecting flow or pressure of the normal action of the vent. The 
collector inlets shall be designed to interface with the configuration 
and orientation of each specific vapor vent. For vapor vents that 
terminate in a tube or hose barb, a short length of tubing of an inside 
diameter larger throughout its length than the inside diameter of the 
vent outlet may be used to extend the vent into the mouth of the 
collector. For those vapor vent designs that are not compatible with 
such collector configurations, the vehicle manufacturer shall supply a 
collector that is configured to interface with the vapor vent design and 
that terminates in a fitting that is capable of capturing all vapor 
emitted from the vent. The Administrator may test for running losses by 
the point-source method without heating sample lines or pumps.
    (2) The running loss fuel vapor sampling system shall be a CFV- or 
PDP-based dilution and measurement system that further dilutes the 
running loss fuel vapors collected by the vapor vent collection 
system(s) with ambient air, collects continuously proportional samples 
of the diluted running loss vapors and dilution air in sample bags, and 
measures the total dilute flow through the sampling system over each 
test interval. In practice, the system shall be configured and operated 
in a manner that is directly analogous to an exhaust emissions constant 
volume sampling system, except that the input flow to the system is the 
flow from the running loss vapor vent collection system(s) instead of 
vehicle exhaust flow. The system shall be configured and operated to 
meet the following requirements:
    (i) The running loss fuel vapor sampling system shall be designed to 
measure the true mass of fuel vapor emissions collected by the running 
loss vapor vent collection system from the specified fuel vapor vents. 
The total volume of the mixture of running loss emissions and dilution 
air shall be

[[Page 149]]

measured and a continuously proportioned sample of volume shall be 
collected for analysis. Mass emissions shall be determined from the 
sample concentration and total flow over the test period.
    (ii) The PDP-CVS shall consist of a dilution air filter and mixing 
assembly, heat exchanger, positive-displacement pump, sampling system, 
and associated valves, pressure and temperature sensors. The PDP-CVS 
shall conform to the following requirements:
    (A) The gas mixture temperature, measured at a point immediately 
ahead of the positive-displacement pump, shall be within [plusmn]10 
[deg]F of the designed operating temperature at the start of the test. 
The gas mixture temperature variation from its value at the start of the 
test shall be limited to [plusmn]10 [deg]F during the entire test. The 
temperature measuring system shall have an accuracy and precision of 
[plusmn]2 [deg]F.
    (B) The pressure gauges shall have an accuracy and precision of 
[plusmn]1.6 inches of water ([plusmn]0.4 kPa).
    (C) The flow capacity of the CVS shall not exceed 350 cfm.
    (D) Sample collection bags for dilution air and running loss fuel 
vapor samples shall be sufficient size so as not to impede sample flow.
    (iii) The CFV sample system shall consist of a dilution air filter 
and mixing assembly, a sampling venturi, a critical flow venturi, a 
sampling system and assorted valves, and pressure and temperature 
sensors. The CFV sample system shall conform to the following 
requirements:
    (A) The temperature measuring system shall have an accuracy and 
precision of [plusmn]2 [deg]F and a response time of 0.100 seconds of 
62.5 percent of a temperature change (as measured in hot silicone oil).
    (B) The pressure measuring system shall have an accuracy and 
precision of [plusmn]1.6 inches of water (0.4 kPa).
    (C) The flow capacity of the CVS shall not exceed 350 cfm.
    (D) Sample collection bags for dilution air and running loss fuel 
vapor samples shall be of sufficient size so as not to impede sample 
flow.
    (3) An on-line computer system or strip-chart recorder shall be used 
to record the following additional parameters during the running loss 
test sequence:
    (i) CFV (if used) inlet temperature and pressure.
    (ii) PDP (if used) inlet temperature, pressure, and differential 
pressure.

[58 FR 16047, Mar. 24, 1993, as amended at 59 FR 48521, Sept. 21, 1994; 
60 FR 34358, June 30, 1995; 60 FR 43898, Aug. 23, 1995]



Sec. 86.1213-04  Fuel specifications.

    The test fuels listed in Sec. 86.1313-04 shall be used for 
evaporative emission testing.

[66 FR 5168, Jan. 18, 2001]



Sec. 86.1213-90  Fuel specifications.

    (a) Gasoline having the following specifications will be used in 
emissions testing for gasoline-fueled vehicles.

------------------------------------------------------------------------
                      Item                         ASTM        Value
------------------------------------------------------------------------
Octane, research, min..........................    D2699              93
Sensitivity, min...............................  .......             7.5
Lead (organic), g/U.S. gal.....................    D3237        0.050[1]
      (g/liter)................................  .......      (0.013)[1]
 
Distillation range:
  IBP, [deg]F..................................      D86           75-95
      ( [deg]C)................................  .......       (23.9-35)
  10 pct. point, [deg]F........................      D86         120-135
      ( [deg]C)................................  .......     (48.9-57.2)
  50 pct. point, [deg]F........................      D86         200-230
      ( [deg]C)................................  .......      (93.3-110)
  90 pct. point, [deg]F........................      D86         300-325
      ( [deg]C)................................  .......   (148.9-162.8)
  EP, max. [deg]F..............................      D86             415
      ( [deg]C)................................  .......         (212.8)
Sulphur, max. wt. pct..........................    D1266            0.10
Phosphorous, max. g/U.S. gal...................    D3231           0.005
      (g/liter)................................  .......        (0.0013)
RVP, psi.......................................     D323         8.7-9.2
      (kPa)....................................  .......     (60.0-63.4)
 
Hydrocarbon composition:
  Olefins, max. pct............................    D1319              10
  Aromatics, max. pct..........................    D1319              35
  Saturates....................................    D1319             [2]
------------------------------------------------------------------------
[1] Maximum.
[2] Remainder.

    (b)(1) Unleaded gasoline representative of commercial gasoline which 
will be generally available through retail outlets shall be used in 
service accumulation.
    (2) The octane rating of the gasoline used shall be no higher than 
1.0 Research octane number above the minimum recommended by the 
manufacturer and have a minimum sensitivity of 7.5 octane numbers, where 
sensitivity is defined as the Research octane number minus the Motor 
octane number.

[[Page 150]]

    (3) The Reid Vapor Pressure of the gasoline used shall be 
characteristic of the motor fuel used during the season in which the 
service accumulation takes place.
    (c) Methanol fuel used in evaporative emission testing and in 
service accumulation of methanol-fueled vehicles shall be representative 
of commercially available methanol fuel and shall consist of at least 50 
percent methanol (CH3OH) by volume.
    (1) Manufacturers shall recommend the methanol fuel to be used for 
testing and service accumulation in accordance with paragraph (c) of 
this section.
    (2) The Administrator shall determine the methanol fuel to be used 
for testing and service accumulation.
    (d) Other methanol fuels may be used for testing and service 
accumulation provided:
    (1) They are commercially available, and
    (2) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service, 
and
    (3) Use of a fuel listed under paragraph (c)(2) of this section 
would have a detrimental effect on emissions or durability, and
    (4) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (e) The specification range of the fuels to be used under paragraphs 
(b), (c), and (d) of this section shall be reported in accordance with 
Sec. 86.090-21(b)(3).
    (f) Mixtures of petroleum and methanol fuels for flexible fuel 
vehicles. (1) Mixtures of petroleum and methanol fuels used for exhaust 
and evaporative emission testing and service accumulation for flexible 
fuel vehicles shall be within the range of fuel mixtures for which the 
vehicle was designed.
    (2) Manufacturer testing and service accumulation may be performed 
using only those mixtures (mixtures may be different for exhaust 
testing, evaporative testing, and service accumulation) expected to 
result in the highest emissions, provided:
    (i) The fuels which constitute the mixture will be used in customer 
service, and
    (ii) Information, acceptable to the Administrator, is provided by 
the manufacturer to show that the designated fuel mixtures would result 
in the highest emissions, and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the fuels to be used under paragraph 
(f)(2) of this section shall be reported in accordance with Sec. 86.090-
21(b)(3).

[53 FR 476, Jan. 7, 1988, as amended at 54 FR 14563, Apr. 11, 1989]



Sec. 86.1213-94  Fuel specifications.

    (a) Gasoline fuel. (1) Gasoline having the following specifications 
will be used in emissions testing for gasoline-fueled vehicles.

------------------------------------------------------------------------
                      Item                         ASTM        Value
------------------------------------------------------------------------
Octane, research, min..........................    D2699              93
Sensitivity, min...............................  .......             7.5
Lead (organic) g/U.S. gal......................    D3237       \1\ 0.050
    (g/liter)..................................  .......     \1\ (0.013)
Distillation range:
    IBP [deg]F.................................      D86           75-95
        ( [deg]C)..............................  .......       (23.9-35)
    10 pct. point [deg]F.......................      D86         120-135
        ( [deg]C)..............................  .......     (48.9-57.2)
    50 pct. point [deg]F.......................      D86         200-230
        ( [deg]C)..............................  .......      (93.3-110)
    90 pct. point [deg]F.......................      D86         300-325
        ( [deg]C)..............................  .......   (148.9-162.8)
    EP, max. [deg]F............................      D86             415
        ( [deg]C)..............................  .......         (212.8)
Sulphur, max. wt. pct..........................    D1266            0.10
Phosphorous, max. g/U.S. gal...................    D3231           0.005
    (g/liter)..................................  .......        (0.0013)
RVP, psi.......................................     D323         8.7-9.2
    (kPa)......................................  .......     (60.0-63.4)
Hydrocarbon composition:
    Olefins, max. pct..........................    D1319              10
    Aromatics, max. pct........................    D1319              35
    Saturates..................................    D1319           (\2\)
------------------------------------------------------------------------
\1\ Maximum.
\2\ Remainder.

    (2)(i) Unleaded gasoline representative of commercial gasoline which 
will be generally available through retail outlets shall be used in 
service accumulation.
    (ii) The octane rating of the gasoline used shall be no higher than 
1.0 Research octane number above the minimum recommended by the 
manufacturer and have a minimum sensitivity of 7.5 octane numbers, where 
sensitivity is defined as the Research octane number minus the Motor 
octane number.

[[Page 151]]

    (iii) The Reid Vapor Pressure of the gasoline used shall be 
characteristic of the motor fuel used during the season in which the 
service accumulation takes place.
    (3) The specification range of the gasoline to be used under 
paragraphs (a)(1) and (a)(2) of this section shall be reported in 
accordance with Sec. 86.094-21(b)(3).
    (b) Methanol fuel. (1) Methanol fuel used in evaporative emission 
testing and in service accumulation of methanol-fueled vehicles shall be 
representative of commercially available methanol fuel and shall consist 
of at least 50 percent methanol (CH3OH) by volume.
    (i) Manufacturers shall recommend the methanol fuel to be used for 
testing and service accumulation.
    (ii) The Administrator shall determine the methanol fuel to be used 
for testing and service accumulation.
    (2) Other methanol fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Use of a fuel listed under paragraph (b)(1) of this section 
would have a detrimental effect on emissions or durability; and
    (iv) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the methanol fuels to be used under 
paragraphs (b)(1) and (b)(2) of this section shall be reported in 
accordance with Sec. 86.094-21(b)(3).
    (c) Mixtures of petroleum and methanol fuels for flexible fuel 
vehicles. (1) Mixtures of petroleum and methanol fuels used for exhaust 
and evaporative emission testing and service accumulation for flexible 
fuel vehicles shall consist of the gasoline listed in paragraph (a) of 
this section and the methanol fuel listed in paragraph (b) of this 
section, and shall be within the range fuel mixtures for which the 
vehicle was designed as reported in accordance with Sec. 86.94-21. The 
Administrator may use any fuel within this range for testing.
    (2) The fuel mixtures used by the manufacturers shall be sufficient 
to demonstrate compliance over the full design range, and shall include:
    (i) For emission testing:
    (A) The petroleum fuel specified in paragraph (a) of this section;
    (B) A methanol fuel representative of the methanol fuel expected to 
be found in use, as specified in paragraph (d) of this section; and
    (C) A combination of the fuels specified in paragraphs (c)(2)(i)(A) 
and (B) of this section that represents the composition which results in 
the highest Reid Vapor Pressure for the mixture. The mixture shall 
contain between nine and thirteen percent methanol.
    (ii) For service accumulation, an alternating combination of the 
fuels specified in paragraphs (a) and (b) of this section that, based on 
good engineering judgement, demonstrates the durability of the emission 
control system. The fuels may be used as a single mixture or alternated.
    (iii) Or, other combinations for testing or service accumulation 
which demonstrate compliance with the standards over the entire design 
range of the vehicle, provided that written approval is obtained from 
the Administrator prior to the start of testing.
    (3) The specification range of the fuels to be used under paragraph 
(c) of this section shall be reported in accordance with Sec. 86.094-21.
    (d) Natural gas fuel. (1) Natural gas fuel having the following 
specifications will be used in evaporative emission testing and in 
service accumulation of natural gas-fueled vehicles shall be 
commercially available natural gas fuel.

              Natural Gas Certification Fuel Specifications
------------------------------------------------------------------------
               Item                                        ASTM    Value
------------------------------------------------------------------------
Methane...........................  min. mole pct          D1945    89.0
Ethane............................  max. mole pct          D1945     4.5
C3 and higher.....................  max. mole pct          D1945     2.3
C6 and higher.....................  max. mole pct          D1945     0.2
Oxygen............................  max. mole pct          D1945     0.6
Inert gases:
    Sum of CO2 and N2.............  max. mole pct          D1945     4.0
Odorant \1\
------------------------------------------------------------------------
\1\ The natural gas at ambient conditions must have a distinctive odor
  potent enough for its presence to be detected down to a concentration
  in air of not over \1/5\ (one-fifth) of the lower limit of
  flammability.


[[Page 152]]

    (2) Natural gas fuel representative of commercial natural gas which 
will be generally available through retail outlets shall be used in 
service accumulation.
    (3) Other natural gas fuels may be used for emission testing and 
service accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (4) The specification range of the fuels to be used under paragraphs 
(d)(1), (d)(2) and (d)(3) of this section shall be reported in 
accordance with Sec. 86.094-21(b)(3).
    (e) Liquefied petroleum gas-fuel. (1) Liquefied petroleum gas-fuel 
used in evaporative emission testing and in service accumulation of 
liquefied petroleum gas-fueled vehicles shall be commercially available 
liquefied petroleum gas-fuel.
    (i) Manufacturers shall recommend the liquefied petroleum gas-fuel 
to be used for testing and service accumulation.
    (ii) The Administrator shall determine the liquefied petroleum gas-
fuel to be used for testing and service accumulation.
    (2) Other liquefied petroleum gas fuels may be used for testing and 
service accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the fuels to be used under paragraphs 
(e)(1) and (e)(2) of this section shall be measured in accordance with 
ASTM D2163-91 and reported in accordance with Sec. 86.094-21(b)(3).

[59 FR 48521, Sept. 21, 1994, as amended at 34359, June 30, 1995]



Sec. 86.1214-85  Analytical gases.

    (a) Analyzer gases. (1) Gases for the hydrocarbon analyzer shall be:
    (i) Single blends of propane using air as the diluent; and
    (ii) Optionally, for response factor determination, single blends of 
methanol using air as the diluent.
    (2) Fuel for the evaporative emission enclosure FID (or HFID for 
methanol-fueled vehicles) shall be a blend of 40 [plusmn]2 percent 
hydrogen with the balance being helium. The mixture shall contain less 
than 1 ppm equivalent carbon response. 98 to 100 percent hydrogen fuel 
may be used with advance approval by the Administrator.
    (3) The allowable zero air impurity concentration shall not exceed 1 
ppm equivalent carbon response.
    (4) ``Zero grade air'' includes artificial ``air'' consisting of a 
blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (5) The use of proportioning and precision blending devices to 
obtain the required analyzer gas concentrations is allowable provided 
their use has been approved in advance by the Administrator.
    (b) Calibration gases (not including methanol) shall be traceable to 
within one percent of NIST (formerly NBS) gas standards, or other gas 
standards which have been approved by the Administrator.
    (c) Span gases (not including methanol) shall be accurate to within 
two percent of true concentration, where true concentration refers to 
NIST (formerly NBS) gas standards, or other gas standards which have 
been approved by the Administrator.
    (d) Methanol in air gases used for response factor determination 
shall:
    (1) Be traceable to within [plusmn]2 percent of NIST (formerly NBS) 
gas standards, or other gas standards which have been approved by the 
Administrator; and
    (2) Remain within [plusmn]2 percent of the labeled concentration. 
Demonstration of stability shall be based on a quarterly measurement 
procedure with a precision of [plusmn]2 percent (two standard 
deviations), or other method approved

[[Page 153]]

by the Administrator. The measurement procedure may incorporate multiple 
measurements. If the true concentration of the gas changes by more than 
two percent, but less than ten percent, the gas may be relabeled with 
the new concentration.

[48 FR 1456, Jan. 12, 1983, as amended at 60 FR 34359, June 30, 1995]



Sec. 86.1215-85  EPA heavy-duty vehicle (HDV) urban dynamometer driving schedule.

    (a)(1) The EPA dynamometer driving schedule for heavy-duty vehicles 
is a 1060 second transient speed versus time cycle which is designed to 
simulate gasoline-fueled HDV operation in urban areas. A second by 
second listing of this schedule is given in appendix I(d) of this part. 
Thirty-three percent of the cycle is idle operation, and the average 
vehicle speed is 18.9 mph (30.4 km/hr). The Administrator will use this 
driving schedule when conducting evaporative emission tests, as 
described in Sec. 86.1230-96.
    (2) For evaporative emission testing of heavy-duty vehicles a 
manufacturer may optionally use the dynamometer driving schedule for 
light-duty vehicles and light-duty trucks specified in appendix I(a) of 
this part. This driving schedule may not be used for exhaust emissions 
testing of heavy-duty vehicles. If the manufacturer chooses to use this 
option, the Administrator will use this driving schedule when conducting 
evaporative emission tests, as described in Sec. 86.1230-96.
    (b) The driver should attempt to follow the target schedule as 
closely as possible. The speed tolerance at any given time for these 
schedules, or for a driver's aid chart approved by the Administrator, 
are as follows:
    (1) The upper limit is 4 mph (6.4 km/h) higher than the highest 
point on the trace within 1 second of the given time.
    (2) The lower limit is 4 mph (6.4 km/h) lower than the lowest point 
on the trace within 1 second of the given time.
    (3)(i) Speed variations greater than the tolerances (such as may 
occur during gear changes or braking spikes) are acceptable, provided 
they occur for less than 2 seconds on any occasion and are clearly 
documented as to the time and speed at that point of the driving 
schedule.
    (ii) When conducted to meet the requirements of Sec. 86.1229, up to 
three additional occurrences of speed variations greater than the 
tolerance are acceptable, provided they occur for less than 15 seconds 
on any occasion, and are clearly documented as to the time and speed at 
that point of the driving schedule.
    (4) Speeds lower than those prescribed are acceptable, provided the 
vehicle is operated at maximum available power during such occurrences.

[48 FR 1456, Jan. 12, 1983, as amended at 58 FR 16050, Mar. 24, 1993; 65 
FR 59957, Oct. 6, 2000]



Sec. 86.1216-90  Calibrations; frequency and overview.

    (a) Calibrations shall be performed as specified in Sec. 86.1217 
through Sec. 86.1226.
    (b) At least yearly or after any maintenance which could alter 
background emission levels, enclosure background emission measurements 
shall be performed.
    (c) At least monthly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) Calibrate the hydrocarbon analyzer (see Sec. 86.1221). Certain 
analyzers may require more frequent calibration depending on particular 
equipment and uses.
    (2) Calibrate the dynamometer. If the dynamometer receives a weekly 
performance check (and remains within calibration) the monthly 
calibration need not be performed (see Sec. 86.1218).
    (3) Perform a hydrocarbon retention check and calibration on the 
evaporative emission enclosure (see Sec. 86.1217).
    (d) At least twice annually or after any maintenance perform a 
methanol retention check and calibration on the evaporative emission 
enclosure (see Sec. 86.1217).
    (e) Calibrate the methanol analyzer as often as required by the 
manufacturer or as necessary according to good practice.

[54 FR 14564, Apr. 11, 1989, as amended at 60 FR 34359, June 30, 1995]

[[Page 154]]



Sec. 86.1217-90  Evaporative emission enclosure calibrations.

    The calibration of the evaporative emission enclosure consists of 
three parts: Initial and periodic determination of enclosure background 
emissions (hydrocarbons and methanol); initial determination of 
enclosure internal volume; and periodic hydrocarbon and methanol 
retention check and calibration. Methanol measurements may be omitted 
when methanol-fueled vehicles will not be tested in the evaporative 
enclosure.
    (a) Initial and periodic determination of enclosure background 
emissions. Prior to its introduction into service, annually thereafter, 
and after any repair which can affect the enclosure background 
emissions, the enclosure shall be checked to determine that it does not 
contain materials which will themselves emit hydrocarbons or 
methanol.\1\ Proceed as follows:
---------------------------------------------------------------------------

    \1\ Note: When methanol as well as hydrocarbons are present in the 
evaporative enclosure, the HFID hydrocarbon concentration measurement 
includes the partial response of the HFID to methanol plus the 
hydrocarbons. Determination of the HFID response to methanol, 
Sec. 86.1221, prior to its being placed in service is required for the 
determination of hydrocarbons.
---------------------------------------------------------------------------

    (1) Zero and span (calibrate if required) the hydrocarbon analyzer.
    (2) Purge the enclosure until a stable background hydrocarbon 
reading is obtained.
    (3) Turn on the mixing blower (if not already on).
    (4) Seal enclosure and measure background hydrocarbon concentration, 
background methanol, temperature, and barometric pressure. These are the 
initial readings CHCi, CCH3OHi, Ti, and 
PBi, for the enclosure background determination.
    (5) Allow the enclosure to stand undisturbed without sampling for 
four hours.
    (6) Measure the hydrocarbon and methanol concentration on the same 
FID. These are the final concentrations, CHCf and 
CCH3OHf. Also measure final temperature and barometric 
pressure.
    (7) Calculate the mass change of methanol, hydrocarbons, and 
hydrocarbons plus methanol in the enclosure according to the equations 
in paragraph (d) of this section. The enclosure background emissions 
(hydrocarbons plus methanol) shall not be greater than 0.4g for the 4 
hours.
    (b) Initial determination of enclosure internal volume. Prior to its 
introduction into service the enclosure internal volume shall be 
determined by the following procedure.
    (1) Carefully measure the internal length, width and height of the 
enclosure, accounting for irregularities (such as braces) and calculate 
the internal volume.
    (2) Perform an enclosure calibration check according to paragraphs 
(c) (1) through (7) of this section.
    (3) If the calculated mass does not agree within [plusmn]2 percent 
of the injected propane mass, then corrective action is required.
    (c) Hydrocarbon and methanol retention check and claibration. The 
hydrocarbon and methanol retention check provides a check upon the 
calculated volume and also measures the leak rate. Prior to its 
introduction into service and at least monthly thereafter the enclosure 
leak rate shall be determined as follows:
    (1) Zero and span (calibrate if required) the hydrocarbon analyzer.
    (2) Purge the enclosure until a stable background hydrocarbon 
reading is obtained.
    (3) Turn on the mixing blower (if not already on).
    (4) Seal enclosure and measure background hydrocarbon concentration, 
background methanol, temperature, and barometric pressure. These are the 
initial readings CHCi, CCH3OHi, Ti and 
PBi for the enclosure calibration.
    (5) Inject into the enclosure a known quantity of pure propane (4g 
is a convenient quantity) and a known quantity of pure methanol (4g is a 
convenient quantity) in gaseous form; i.e., at a temperature of at least 
150-155 [deg]F (65-68 [deg]C). The propane and methanol may be measured 
by volume flow or by mass measurement. The method used to measure the 
propane and methanol shall have an accuracy of [plusmn]0.5 percent of 
the measured value. (Less accurate methods may be used with the advanced 
approval of the Administrator.)

[[Page 155]]

The methanol and propane tests do not need to be conducted 
simultaneously.
    (6) After a minimum of 5 minutes of mixing, analyze the enclosure 
atmosphere for hydrocarbon and methanol content, also record temperature 
and pressure. These measurements are the final readings for the 
enclosure calibration as well as the initial readings for the retention 
check.
    (7) To verify the enclosure calibration, calculate the mass of 
propane and the mass of methanol using the measurements taken in steps 
(4) and (6). See paragraph (d) of this section. This quantity must be 
within [plusmn]2 percent of that measured in step 5 above. (For 1991-
1995 calendar years, the difference may exceed [plusmn]2 percent for 
methanol, provided it does not exceed [plusmn]6 percent.)
    (8) Allow the enclosure to remain sealed for a minimum of 4 hours, 
analyze the enclosure atmosphere for hydrocarbon and methanol content; 
record temperature and barometric pressure. These are the final readings 
for the hydrocarbon and methanol retention check.
    (9) Calculate, using the equation in paragraph (d) of this section 
and the readings taken in step (8), the hydrocarbon and methanol mass. 
It may not differ by more than [plusmn]4 percent of the value in step 
(6). (For 1991-1995 calendar year methanol-fueled vehicles, the 
difference may exceed [plusmn]4 percent for methanol, provided it does 
not exceed [plusmn]6 percent.)
    (d) Calculations. (1) The calculation of net methanol and 
hydrocarbon mass change is used to determine enclosure background and 
leak rate. It is also used to check the enclosure volume measurements. 
The methanol mass change is calculated from the initial and final 
methanol samples, temperature and pressure according to the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.117


Where:
    (i) MCH3OH=Methanol mass change, [mu] g.
    (ii) V=Enclosure volume, ft\3\, as measured in paragraph (b)(1) of 
this section.
    (iii) TE=Temperature of sample withdrawn, [deg]R.
    (iv) VE=Volume of sample withdrawn, ft\3\.
    (v) PB=Barometric pressure at time of sampling, in. Hg.
    (vi) CMS=GC concentration of test sample.
    (vii) AV=Volume of absorbing reagent in impinger.
    (viii) i=Initial sample.
    (ix) f=Final sample.
    (x) 1=First impinger.
    (xi) 2=Second impinger.
    (2) The hydrocarbon mass change is calculated from the initial and 
final FID readings of hydrocarbon concentration, methanol concentration 
with FID response to methanol, temperature, and pressure according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.118


Where:
(i) MHC=Hydrocarbon mass change, g.
(ii) CHC=FID hydrocarbon concentration as ppm carbon 
including FID response to methanol in the sample.
(iii) CCH3OH=Methanol concentration as ppm carbon.

[[Page 156]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.119

    (iv) V = Enclosure volume, ft\3\ (m\3\), as measured in paragraph 
(b)(1) of this section.
    (v) r = FID response factor to methanol.
    (vi) PB = Barometric pressure, in. Hg (kPa).
    (vii) T = Enclosure ambient temperature, [deg]R([deg]K).
    (viii) i = Indicates initial reading.
    (ix) f = Indicates final reading.
    (x) (A) k = 3.05
    (B) For SI units, k = 17.60
    Note: Hydrocarbon concentration is stated in ppm carbon, that is, 
ppm propane x 3. Expressions in parentheses are for SI units.

[54 FR 14564, Apr. 11, 1989, as amended at 60 FR 34359, June 30, 1995]



Sec. 86.1217-96  Evaporative emission enclosure calibrations.

    The calibration of evaporative emission enclosures consists of three 
parts: initial and periodic determination of enclosure background 
emissions (hydrocarbons and methanol); initial determination of 
enclosure internal volume; and periodic hydrocarbon and methanol 
retention check and calibration. Methanol measurements may be omitted if 
methanol-fueled vehicles will not be tested in the evaporative 
enclosure. Alternate calibration methods may be used if shown to yield 
equivalent or superior results, and if approved in advance by the 
Administrator; specifically, more extreme temperatures may be used for 
determining calibration without affecting the validity of test results.
    (a) Initial and periodic determination of enclosure background 
emissions. Prior to its introduction into service, annually thereafter, 
and after any repair that can affect the enclosure background emissions, 
the enclosure shall be checked to determine that it does not contain 
materials that will themselves emit hydrocarbons or methanol. When 
methanol as well as hydrocarbons are present in the evaporative 
enclosure, the HFID hydrocarbon concentration measurement includes the 
partial response of the HFID to methanol plus the hydrocarbons. 
Determination of the HFID response to methanol, Sec. 86.1221, prior to 
its being placed in service is required for the determination of 
hydrocarbons. Proceed as follows:
    (1) Prepare the enclosure. (i) Variable-volume enclosures may be 
operated in either latched or unlatched volume configuration, as 
described in paragraph (b)(1) of this section. Ambient temperatures 
shall be maintained at 96[plusmn]3 [deg]F throughout the 4-hour period.
    (ii) Fixed-volume enclosures may be operated with inlet and outlet 
flow streams either closed or open; if inlet and outlet flow streams are 
open, the air flowing into and out of the enclosure must be monitored in 
accordance with Sec. 86.107-96(a)(1)(ii)(B). Ambient temperatures shall 
be maintained at 96[plusmn]3 [deg]F throughout the 4-hour period.
    (iii) For running loss enclosures ambient temperatures shall be 
maintained at 95[plusmn]3 [deg]F throughout the 4-hour period. For 
running loss enclosures designed with a vent for makeup air, the 
enclosure shall be operated with the vent closed.
    (2) The enclosure may be sealed and the mixing fan operated for a 
period of up to 12 hours before the 4-hour background sampling period 
begins.
    (3) Zero and span (calibrate if required) the hydrocarbon analyzer.
    (4) Prior to the background determination, purge the enclosure until 
a stable background hydrocarbon reading is obtained.
    (5) Turn on the mixing blower (if not already on).
    (6) Seal enclosure and measure background hydrocarbon concentration, 
background methanol, temperature, and barometric pressure. These are the 
initial readings CHCi, CCH3OHi, and 
PBi, Ti for the enclosure background 
determination.
    (7) Allow the enclosure to stand undisturbed for four hours.

[[Page 157]]

    (8) Measure the hydrocarbon concentration on the same FID and the 
methanol level. These are the final concentrations, CHCf and 
CCH3OHf. Also measure final temperature and 
barometric pressure.
    (9) Calculate the mass change of methanol, hydrocarbons, and 
hydrocarbons plus methanol in the enclosure according to the equations 
in paragraph (d) of this section.
    (i) Diurnal enclosures. The enclosure background emissions 
(hydrocarbons plus methanol) shall not be greater than 0.05g for the 4 
hours.
    (ii) Running loss enclosures. The enclosure background emissions 
(hydrocarbons plus methanol) shall not be greater than 0.2 grams for the 
4 hours.
    (b) Initial determination of enclosure internal volume. Prior to its 
introduction into service the enclosure internal volume shall be 
determined by the following procedure:
    (1) Carefully measure the internal length, width and height of the 
enclosure, accounting for irregularities (such as braces) and calculate 
the internal volume. For variable-volume enclosures, latch the enclosure 
to a fixed volume when the enclosure is held at a constant temperature; 
this nominal volume shall be repeatable within [plusmn]0.5 percent of 
the reported value.
    (2)-(3) [Reserved]
    (c) Hydrocarbon and methanol (organic gas) retention check and 
calibration. The hydrocarbon and methanol (if the enclosure is used for 
methanol-fueled vehicles) retention check provides a check upon the 
calculated volume and also measures the leak rate. The enclosure leak 
rate shall be determined prior to its introduction into service, 
following any modifications or repairs to the enclosure that may affect 
the integrity of the enclosure, and at least monthly thereafter. If six 
consecutive monthly retention checks are successfully completed without 
corrective action, the enclosure leak rate may be determined quarterly 
thereafter as long as no corrective action is required.
    (1) An enclosure to be used for the diurnal emission test (see 
Sec. 86.1233-96) shall be calibrated according to the following 
procedure. Calibration for hydrocarbon and methanol may be conducted 
simultaneously or in sequential test runs.
    (i) Zero and span (calibrate if required) the hydrocarbon analyzer.
    (ii) Purge the enclosure until a stable background hydrocarbon 
reading is obtained.
    (iii) Turn on the mixing blowers (if not already on).
    (iv) [Reserved]
    (v) Turn on the ambient temperature control system (if not already 
on) and adjust it for an initial temperature of 96 [deg]F (36 [deg]C). 
On variable-volume enclosures, latch the enclosure to the appropriate 
volume position for the set temperature. On fixed-volume enclosures 
close the outlet and inlet flow streams.
    (vi) When the enclosure stabilizes at 96[plusmn]3 [deg]F 
(36[plusmn]2 [deg]C), seal the enclosure and measure background 
hydrocarbon concentration, background methanol, temperature, and 
barometric pressure. These are the initial readings CHCi, 
CCH3OHi, Ti, and PBi for the 
enclosure calibration.
    (vii) Inject into the enclosure 2 to 6 grams of pure methanol at a 
temperature of at least 150 [deg]F (65 [deg]C) and/or 2 to 6 grams of 
pure propane. The injected quantity may be measured by volume flow or by 
mass measurement. The method used to measure the quantity of methanol 
and propane shall have an accuracy of [plusmn]0.2 percent of the 
measured value (less accurate methods may be used with the advance 
approval of the Administrator).
    (viii) After a minimum of 5 minutes of mixing, analyze the enclosure 
atmosphere for hydrocarbon and methanol content, also record temperature 
and pressure. These measurements are the final readings for the 
enclosure calibration as well as the initial readings for the retention 
check.
    (ix) To verify the enclosure calibration, calculate the mass of 
propane and the mass of methanol using the measurements taken in 
paragraphs (c)(1)(vi) and (viii) of this section. See paragraph (d) of 
this section. This quantity must be within [plusmn]2 percent of that 
measured in paragraph (c)(1)(vii) of this section. (For calendar years 
through 1995, the difference may exceed [plusmn]2 percent for methanol, 
provided it does not exceed [plusmn]6 percent.)

[[Page 158]]

    (x) For variable-volume enclosures, unlatch the enclosure from the 
nominal volume configuration. For fixed-volume enclosures, open the 
outlet and inlet flow streams.
    (xi) Start cycling the ambient temperature from 96 [deg]F to 72 
[deg]F and back to 96 [deg]F over a 24-hour period, according to the 
profile specified in Sec. 86.1233-96 and appendix II of this part, 
within 15 minutes of sealing the enclosure.
    (xii) At the completion of the 24-hour cycling period, analyze the 
enclosure atmosphere for hydrocarbon and methanol content; determine the 
net withdrawn methanol (in the case of diurnal emission testing with 
fixed-volume enclosures); record temperature and barometric pressure. 
These are the final readings for the hydrocarbon and methanol retention 
check. The final hydrocarbon and methanol mass, calculated in paragraph 
(d) of this section, shall be within 3 percent of that determined in 
paragraph (c)(1)(viii) of this section. (For calendar years through 
1995, the difference may exceed [plusmn]3 percent for methanol, provided 
it does not exceed [plusmn]6 percent.)
    (2) An enclosure to be used for the running loss test (see 
Sec. 86.1234-96) shall meet the calibration and retention requirements 
of Sec. 86.1217-90(c).
    (3) Enclosures calibrated according to the procedures specified in 
either paragraph (c)(1) or (c)(2) of this section may be used for hot 
soak testing (see Sec. 86.1238).
    (4) The Administrator, upon request, may waive the requirement to 
comply with [plusmn]2 percent methanol recovery tolerance, and/or the 
[plusmn]3 percent retention tolerance and instead require compliance 
with higher tolerances (not to exceed [plusmn]6 percent for recoveries 
and [plusmn]8 for retention), provided that:
    (i) The Administrator determines that compliance with these 
specified tolerances is not practically feasible; and
    (ii) The manufacturer makes information available to the 
Administrator which indicates that the calibration tests and their 
results are consistent with good laboratory practice, and that the 
results are consistent with the results of calibration testing conducted 
by the Administrator.
    (d) Calculations. (1) The calculation of net methanol and 
hydrocarbon mass change is used to determine enclosure background and 
leak rate. It is also used to check the enclosure volume measurements. 
The methanol mass change is calculated from the initial and final 
methanol samples, the net withdrawn methanol (in the case of diurnal 
emission testing with fixed-volume enclosures), and initial and final 
temperature and pressure according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.120

Where:
    (i) MCH3OH=Methanol mass change, [mu] g.
    (ii) V=Enclosure volume, ft\3\, as measured in paragraph (b)(1) of 
this section.
    (iii) [Reserved]
    (iv) [Reserved]
    (v) VE=Volume of sample withdrawn, ft3. Sample 
volumes must be corrected for differences in temperature to be 
consistent with determination of Vn, prior to being used in 
the equation.
    (vi) PB=Barometric pressure at time of sampling, in. Hg.
    (vii) CMS=GC concentration of test sample.
    (viii) AV=Volume of absorbing reagent in impinger.
    (ix) i=Initial sample.
    (x) f=Final sample.
    (xi) 1=First impinger.
    (xii) 2=Second impinger.
    (xiii) MCH3OH,out=mass of methanol exiting the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, 
[mu]g.
    (xiv) MCH3OH,in=mass of methanol entering the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, 
[mu]g.
    (2) The hydrocarbon mass change is calculated from the initial and 
final

[[Page 159]]

FID readings of hydrocarbon concentration, methanol concentration with 
FID response to methanol, temperature, and pressure according to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.121


Where:
    (i) MHC=Hydrocarbon mass change, g.
    (ii) CHC=FID hydrocarbon concentration as ppm carbon 
including FID response to methanol in the sample.
    (iii) CCH3OH=Methanol concentration as ppm carbon
    [GRAPHIC] [TIFF OMITTED] TR06OC93.122
    
    (iv) V=Enclosure volume ft\3\ (m\3\), as measured in paragraph 
(b)(1) of this section.
    (v) r=FID response factor to methanol.
    (vi) PB=Barometric pressure, in. Hg. (kPa).
    (vii) T=Enclosure ambient temperature, R(K).
    (viii) i=Indicates initial reading.
    (ix) f=Indicates final reading.
    (x)(A) k=3.05.
    (B) For SI units, k=17.60.
    (xi) MHC,out=mass of hydrocarbon exiting the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, g.
    (xii) MHC,in=mass of hydrocarbon entering the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, g.
    (3) For variable-volume enclosures, defined in 
Sec. 86.1207(a)(1)(i), the following simplified form of the hydrocarbon 
mass change equation may be used:
[GRAPHIC] [TIFF OMITTED] TR06OC93.123

    (e) Calibration of equipment for point-source testing of running 
losses. For the point-source method, the running loss fuel vapor 
sampling system shall be calibrated as a CVS system, as specified in 
Sec. 86.119, with the additional specification that the vapor sampling 
system verification be conducted as follows:
    (1) The following ``gravimetric'' technique can be used to verify 
that the vapor sampling system and analytical instruments can accurately 
measure a mass of gas that has been injected into the system. If the 
vapor sampling system will be used only in the testing of petroleum-
fueled engines, system verification may be performed using propane. If 
the vapor sampling system will be used with methanol-fueled vehicles as 
well as petroleum-fueled vehicles, the system verification performance 
check must include a methanol check in addition to the propane check. 
(Verification can also be accomplished by constant flow metering using 
critical flow orifice devices.)

[[Page 160]]

    (i) Obtain a small cylinder that has been charged with pure propane 
gas. Obtain another small cylinder that has been charged with pure 
methanol if the system will be used for methanol-fueled vehicle testing. 
Since this cylinder will be heated to 150-155 [deg]F, care must be taken 
to ensure that the liquid volume of methanol placed in the cylinder does 
not exceed approximately one-half of the total volume of the cylinder.
    (ii) Determine a reference cylinder weight to the nearest 0.01 
grams.
    (iii) Operate the vapor sampling system in the normal manner and 
release a known quantity of pure propane into the most frequently used 
fuel vapor collector during the sampling period (approximately 5 
minutes).
    (iv) Continue to operate the vapor sampling system in the normal 
manner and release a known quantity of pure methanol into the system 
during the sampling period (approximately 5 minutes).
    (v) The calculations of Sec. 86.1244 are performed in the normal 
way, except in the case of propane. The density of propane (17.30 g/
ft\3\/carbon atom (0.6109 kg/m\3\/carbon atom)) is used in place of the 
density of exhaust hydrocarbons. In the case of methanol, the density of 
37.71 g/ft\3\ (1.332 kg/m\3\) is used.
    (vi) The gravimetric mass is subtracted from the vapor sampling 
system measured mass and then divided by the gravimetric mass to 
determine the percent accuracy of the system.
    (vii) The cause for any discrepancy greater than [plusmn]2 percent 
must be found and corrected.
    (2) This procedure shall be conducted in the point-source running 
loss test environment with the collector installed in a vehicle in the 
normal test configuration. The fuel of the test vehicle shall either be 
diesel, or it shall be kept under 100 [deg]F (38 [deg]C). Two to six 
grams of pure propane and two to six grams of pure methanol shall be 
injected into the collector while the vehicle is operated over one 
Heavy-Duty Vehicle Urban Dynamometer Driving Schedule, as described in 
Sec. 86.1215 and appendix I of this part. The propane and methanol 
injections shall be conducted at the ambient temperature of 95[plusmn]5 
[deg]F (35[plusmn]3 [deg]C).

[58 FR 16050, Mar. 24, 1993, as amended at 60 FR 34360, June 30, 1995; 
60 FR 43900, Aug. 23, 1995]



Sec. 86.1218-85  Dynamometer calibration.

    (a) The dynamometer shall be calibrated at least once each month or 
performance verified at least once each week and then calibrated as 
required. The calibration shall consist of the manufacturer's 
recommended calibration procedure plus a determination of the 
dynamometer frictional power absorption. If the dynamometer is to be 
used for driving only the reference (transient) schedule, the frictional 
power absorption needs to be determined only at 50.0 mph (80.5 km/hr). 
If the dynamometer is to be used for driving the steady-state cycle, the 
frictional power absorption needs to be determined through the range of 
15 to 50 mph. One method for determining dynamometer frictional power 
absorption at 50.0 mph (80.5 km/hr) is described below. The same general 
method can be used at other speeds. Other methods may be used if shown 
to yield equivalent results. The measured absorbed road power includes 
the dynamometer friction as well as the power absorbed by the power 
absorption unit. The dynamometer is driven above the test speed range. 
The device used to drive the dynamometer is then disengaged from the 
dynamometer and the roll(s) is (are) allowed to coastdown. The kinetic 
energy of the system is dissipated by the dynamometer. This method 
neglects the variations in roll bearing friction due to the drive axle 
weight of the vehicle. In the case of dynamometers with paired rolls, 
the inertia and power absorption of the free (rear) roll may be 
neglected if its inertia is less than 3.0 percent of the total 
equivalent inertia required for vehicle testing.
    (1) Devise a method to determine the speed of the roll(s) to be 
measured for power absorption. A fifth wheel, revolution pickup, or 
other suitable means may be used.
    (2) Place a vehicle on the dynamometer or devise another method of 
driving the dynamometer.

[[Page 161]]

    (3) If the dynamometer is capable of simulating more than a single 
inertia mass, engage the inertial flywheel or other inertial simulation 
system for the most common vehicle mass category for which the 
dynamometer is used. In addition, other vehicle mass categories may be 
calibrated, if desired.
    (4) Drive the dynamometer up to 50 mph (80.5 km/hr).
    (5) Record indicated road power.
    (6) Drive the dynamometer up to 60 mph (96.9 km/hr).
    (7) Disengage the device used to drive the dynamometer.
    (8) Record the time for the dynamometer roll(s) to coastdown from 
55.0 mph (88.5 km/hr) to 45.0 mph (72.4 km/hr).
    (9) Adjust the power absorption unit to a different level.
    (10) Repeat steps (4) to (8) above sufficient times to cover the 
range of road power used.
    (11) Calculate absorbed road power (HPd). (See paragraph 
(c) of this section.)
    (12) Plot indicated road load power at 50 mph (80.5 km/hr) versus 
road load power at 50 mph (80.5 km/hr).
    (b) The performance check consists of conducting a dynamometer 
coastdown and comparing the coastdown time to that recorded during the 
last calibration. If the coastdown times differ by more than 1 second or 
by 5 percent of the time recorded during the last calibration, whichever 
is greater, a new calibration is required.
    (c) Calculations. The road load power actually absorbed by each roll 
assembly (or roll-inertia weight assembly) of the dynamometer is 
calculated from the following equation:

HPd = (\1/2\) (W/32.2) (V1\2\--V2\2\)/
          550t

Where:
HPd = Power, horsepower (kilowatts)
W = Equivalent inertia, lb (kg)
V 1 = Initial velocity, ft/s (m/s) (55 mph = 88.5 km/h = 
80.67 ft/s = 24.58 m/s)
V2 = Final velocity, ft/s (m/s) (45 mph = 72.4 km/h = 66 ft/s 
= 20.11 m/s)
t = Elapsed time for rolls to coast from 55 mph to 45 mph (88.5 to 72.4 
km/hr).

(Expressions in parenthesis are for SI units). When the coastdown is 
from 55 to 45 mph (88.5 to 72.4 km/hr) the above equation reduces to:

HPd = 0.06073 (W/t)

For SI units:
HP d = 0.09984 (W/t)

    The total road load power actually absorbed by the dynamometer is 
the sum of the absorbed road load power of each roll assembly.



Sec. 86.1221-90  Hydrocarbon analyzer calibration.

    The FID hydrocarbon analyzer shall receive the following initial and 
periodic calibrations.
    (a) Initial and periodic optimization of detector response. Prior to 
its introduction into service and at least annually thereafter, the FID 
hydrocarbon analyzer shall be adjusted for optimum hydrocarbon response. 
(The HFID used with methanol-fueled vehicles shall be operated at 
235[deg] [plusmn]15 [deg]F (113[deg] [plusmn]8 [deg]C)). Analyzers used 
with gasoline-fuel and liquefied petroleum gas-fuel shall be optimized 
using propane. Analyzers used with natural gas-fuel may be optimized 
using methane, or if calibrated using propane the FID response to 
methane shall be determined and applied to the FID hydrocarbon reading. 
Alternate methods yielding equivalent results may be used, if approved 
in advance by the Administrator.
    (1) Follow the manufacturer's instructions or good engineering 
practice for instrument startup and basic operating adjustment using the 
appropriate FID fuel and zero-grade air.
    (2) Optimize on the most common operating range. Introduce into the 
analyzer a propane (or methane as appropriate) in air mixture with a 
propane (or methane as appropriate) concentration equal to approximately 
90 percent of the most common operating range.
    (3) Select an operating FID fuel flow rate that will give near 
maximum response and least variation in response with minor fuel flow 
variations.
    (4) To determine the optimum air flow, use the FID fuel flow setting 
determined above and vary air flow.
    (5) After the optimum flow rates have been determined, record them 
for future reference.
    (b) Initial and periodic calibration. Prior to its introduction into 
service and monthly thereafter the FID hydrocarbon analyzer shall be 
calibrated on all normally used instrument ranges,

[[Page 162]]

and, if applicable, the methanol response factor shall be determined 
(paragraph (c) of this section). Use the same flow rate as when 
analyzing sample.
    (1) Adjust analyzer to optimize performance.
    (2) Zero the hydrocarbon analyzer with zero-grade air.
    (3) Calibrate on each normally used operating range with propane in 
air (or methane in air as appropriate) calibration gases having nominal 
concentrations of 15, 30, 45, 60, 75 and 90 percent of that range. For 
each range calibrated, if the deviation from a least squares best-fit 
straight line is two percent or less of the value at each data point, 
concentration values may be calculated by use of a single calibration 
factor for that range. If the deviation exceeds two percent at any 
point, the best-fit non-linear equation which represents the data to 
within two percent of each test point shall be used to determine 
concentration.
    (c) FID response factor to methanol. When the FID analyzer is to be 
used for the analysis of hydrocarbon samples containing methanol, the 
methanol response factor of the analyzer shall be established. The 
methanol response factor shall be determined at several concentrations 
in the range of concentrations in the exhaust sample, using either bag 
samples or gas bottles meeting the requirements of Sec. 86.114.
    (1) The bag sample of methanol for analysis in the FID, if used, 
shall be prepared using the apparatus shown in Figure M90-1. A known 
volume of methanol is injected, using a microliter syringe, into the 
heated mixing zone (250 [deg]F (121 [deg]C) of the apparatus. The 
methanol is vaporized and swept into the sample bag with a known volume 
of zero grade air measured by a gas flow meter with an accuracy of 
[plusmn]2 percent.

[[Page 163]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.184

    (2) The bag sample is analyzed using the FID.
    (3) The FID response factor, r, is calculated as follows:
    r = FIDppm/SAMppm

Where:
    (i) r = FID response factor.

[[Page 164]]

    (ii) FIDppm = FID reading in ppmC.
    (iii) SAMppm=methanol concentration in the sample bag, or gas 
bottle, in ppmC. SAMppm for sample bags:
[GRAPHIC] [TIFF OMITTED] TR06OC93.124


Where:
    (iv) 0.02406 = Volume of one mole at 29.92 in Hg and 68 [deg]F, 
m\3\.
    (v) Fuel injected = Volume of methanol injected, ml.
    (vi) Fuel density = Density of methanol, 0.7914 g/ml.
    (vii) Air volume = Volume of zero grade air, m\3\.
    (viii) Mol. Wt. CH3OH = 32.04.
    (d) The gas chromatograph used in the analysis of methanol samples 
shall be calibrated at least monthly following manufacturers' 
recommended procedures (certain equipment may require more frequent 
calibration based on use and good engineering judgment).
    (e) FID response factor to methane. When the FID analyzer to be used 
for the analysis of natural gas-fueled vehicle hydrocarbon samples has 
been calibrated using propane, the methane response factor of the 
analyzer shall be established. To determine the total hydrocarbon FID 
response to methane, known methane in air concentrations traceable to 
National Institute of Standards and Technology (NIST) shall be analyzed 
by the FID. Several methane concentrations shall be analyzed by the FID 
in the range of concentrations in the exhaust sample. The total 
hydrocarbon FID response to methane is calculated as follows:


rCH4 = FIDppm/SAMppm

Where:
    (1) rCH4 = FID response factor to methane.
    (2) FIDppm = FID reading in ppmC.
    (3) SAMppm = the known methane concentration in ppmC.

[54 FR 14566, Apr. 11, 1989, as amended at 59 FR 48523, Sept. 21, 1994; 
60 FR 34361, June 30, 1995]



Sec. 86.1226-85  Calibration of other equipment.

    Other test equipment used for testing shall be calibrated as often 
as required by the manufacturer or as necessary according to good 
practice.



Sec. 86.1227-90  Test procedures; overview.

    (a) The overall test consists of prescribed sequences of fueling, 
parking, and operating conditions. Vehicles are tested only for 
evaporative emissions.
    (b) The evaporative emission test (gasoline-fueled and methanol-
fueled vehicles) is designed to determine hydrocarbon and/or methanol 
evaporative emissions as a consequence of diurnal temperature 
fluctuation, urban driving and hot soaks during engine-off periods. It 
is associated with a series of events representative of heavy-duty 
vehicle operation, which result in hydrocarbon and/or methanol vapor 
losses. The test procedure is designed to measure:
    (1) Diurnal breathing losses resulting from daily temperature 
changes, measured by the enclosure technique;
    (2) Running losses from suspected sources (if indicated by 
engineering analysis or vehicle inspection) resulting from a simulated 
trip on a chassis dynamometer, measured by carbon traps; and
    (3) Hot soak losses which result when the vehicle is parked and the 
hot engine is turned off, measured by the enclosure technique.
    (c) Background concentrations are measured for all species for which 
emissions measurements are made. For evaporative testing, this requires 
measuring initial concentrations. (When testing methanol-fueled 
vehicles, manufacturers may choose not to measure background 
concentrations of methanol, and then assume that the concentrations are 
zero during calculations.)

[54 FR 14568, Apr. 11, 1989, as amended at 60 FR 34363, June 30, 1995]



Sec. 86.1227-96  Test procedures; overview.

    (a) The overall test consists of prescribed sequences of fueling, 
parking, and operating conditions. Vehicles are tested only for 
evaporative emissions.
    (b) The evaporative emission test (gasoline-fueled, natural gas-
fueled, liquefied petroleum gas-fueled, and methanol-fueled vehicles) is 
designed

[[Page 165]]

to determine hydrocarbon and/or methanol evaporative emissions as a 
consequence of diurnal temperature fluctuation urban driving and hot 
soaks during engine-off periods. It is associated with a series of 
events representative of heavy-duty vehicle operation, which result in 
hydrocarbon and/or methanol vapor losses. The test procedure is designed 
to measure:
    (1) Diurnal emissions resulting from daily temperature changes (as 
well as relatively constant resting losses), measured by the enclosure 
technique (see Sec. 86.1233);
    (2) Running losses resulting from a simulated trip on a chassis 
dynamometer, measured by the enclosure or point-source technique (see 
Sec. 86.1234; this test is not required for gaseous-fueled vehicles); 
and
    (3) Hot soak losses, which result when the vehicle is parked and the 
hot engine is turned off, measured by the enclosure technique (see 
Sec. 86.1238).
    (c) Background concentrations are measured for all species for which 
emissions measurements are made. For evaporative testing, this requires 
measuring initial concentrations. (When testing methanol-fueled 
vehicles, manufacturers may choose not to measure background 
concentrations of methanol, and then assume that the concentrations are 
zero during calculations.)

[58 FR 16052, Mar. 24, 1993, as amended at 59 FR 48523, Sept. 21, 1994; 
60 FR 34363, June 30, 1995]



Sec. 86.1228-85  Transmissions.

    (a) All test conditions, except as noted, shall be run in a manner 
representative of in-use operation, and where appropriate, according to 
the manufacturer's recommendation to the ultimate purchaser.
    (b) Except for the first idle mode, idle modes less than one minute 
in length shall be run with automatic transmissions in ``Drive'' and the 
wheels braked; manual transmissions shall be in gear with the clutch 
disengaged, except first idle. The first idle mode and idle modes longer 
than one minute in length shall be run with automatic transmissions in 
``Neutral,'' and manual transmissions shall be in ``Neutral'' with the 
clutch engaged (clutch may be disengaged for engine start-up).
    (c) The vehicle shall be driven with minimum accelerator pedal 
movement to maintain the desired operation.
    (d) Accelerations shall be driven smoothly according to the 
manufacturer's recommendation to the ultimate purchaser. For manual 
transmissions, the operator shall accomplish each shift with minimum 
time. If the vehicle cannot accelerate at the specified rate, the 
vehicle shall be operated at maximum available power until the vehicle 
speed reaches the value prescribed for that time in the driving 
schedule.
    (e) For those deceleration modes which decelerate to zero, manual 
transmission clutches shall be depressed when the speed drops below 15 
mph (24.1 km/hr), when engine roughness is evident, or when engine 
stalling is imminent.



Sec. 86.1229-85  Dynamometer load determination and fuel temperature profile.

    (a) Flywheels, electrical or other means of simulating inertia shall 
be used. The value of equivalent inertia weight shall be within 250 
pounds of the loaded vehicle weight (LVW). Loaded vehicle weight is 
defined as follows:
    (1) For test vehicles which have an actual weight less than 0.5 x 
(GVWR),

LVW = 0.5 x (Gross Vehicle Weight Rating)

    (2) For test vehicles which have an actual weight (As tested) 
greater than 0.5 x (GVWR),

LVW = Actual Weight of Test Vehicle,

    (b) Power absorption unit adjustment. (1) The power absorption unit 
shall be adjusted to reproduce road load power at 50 mph true speed. The 
indicated road load power setting shall take into account the 
dynamometer friction. The relationship between road load (absorbed) 
power and indicated road load power for a particular dynamometer shall 
be determined by the procedure outlined in Sec. 86.1218-85 or other 
suitable means.
    (2) The road load power used shall be determined from the following 
equation:


[[Page 166]]


RLP = 0.67(H - 0.75)W = 0.00125[LVW - (N x DW)]

Where:
RLP = Road Load Power at 50 mph (horsepower).
H = Vehicle overall maximum height (feet).
W = Vehicle overall maximum width (feet).
LVW = Loaded vehicle weight (pounds).
DW = Vehicle weight supported by the dynamometer (pounds).
N = Number of dynamometer rolls supporting a tire.


or the manufacturer may determine the road load power by an alternate 
procedure (including coastdown). Such alternate procedures shall exhibit 
good engineering judgement and shall be subject to review upon request 
by the Administrator. For vehicles which the manufacturer chooses to 
certify by the optional light-duty truck certification provision 
(Sec. 86.082-1(b)), the evaporative emission test procedure (and 
standard) will be that specified by the light-duty truck regulations.
    (c) [Reserved]
    (d) Fuel temperature profile--(1) General requirements. (i) To be 
tested for running losses, as specified in Sec. 86.1234, a vehicle must 
have a fuel temperature profile. The following procedure is used to 
generate the fuel temperature profile, which serves as a target for 
controlling fuel temperatures during the running loss test. This profile 
represents the fuel temperature change that occurs during on-road 
driving. If a vehicle has more than one fuel tank, a profile shall be 
established for each tank. Manufacturers may also simultaneously 
generate a profile for vapor temperatures.
    (ii) If a manufacturer uses a vehicle model to develop a profile to 
represent multiple models, the vehicle model selected must have the 
greatest expected fuel temperature increase during driving of all those 
models it represents. Also, manufacturers must select test vehicles with 
any available vehicle options that increase fuel temperatures during 
driving (for example, any feature that limits underbody airflow).
    (iii) Manufacturers may conduct testing to develop fuel temperature 
profiles in a laboratory setting, subject to approval by the 
Administrator. The laboratory facility should simulate outdoor testing 
to reproduce fuel and vapor temperature behavior over the specified 
driving schedule. The design of the laboratory facility should include 
consideration of any parameters that may affect fuel temperatures, such 
as solar loading, pavement heat, and relative wind velocities around and 
underneath the test vehicle. Indoor testing to develop the fuel 
temperature profiles must be conducted with little or no vehicle-
specific adjustment of laboratory parameters. Manufacturers would need 
to maintain an ongoing demonstration of correlation between laboratory 
and outdoor measurement of fuel temperatures. Specifically, fuel 
temperatures and pressures from indoor driving should be at least as 
high as measured when driving outdoors according to the procedures 
described in this section.
    (iv) Small-volume manufacturers, as defined in Sec. 86.094-14(b)(1), 
may use an alternate method for generating fuel temperature profiles, 
subject to the approval of the Administrator.
    (v) The Administrator may conduct testing to establish any vehicle's 
temperature profiles or to verify compliance with fuel tank pressure 
requirements.
    (2) Vehicle instrumentation. (i) The vehicle must be equipped with 
temperature sensors and pressure transducers, as described in 
Sec. 86.1207-96(e) and (f), and a driver's aid, which shall be 
configured to provide the test driver with the desired vehicle speed vs. 
time trace and the actual vehicle speed.
    (ii) A computer, data logger, or strip chart data recorder shall 
record the following parameters at a minimum during the test run:
    (A) Desired speed;
    (B) Actual speed;
    (C) Instantaneous average liquid fuel temperature (Tliq); 
and
    (D) Vapor space pressure (the Administrator may omit measurement of 
fuel tank pressure).
    (iii) The data recording system described in paragraph (d)(2)(ii) of 
this section shall be capable of resolving time to [plusmn]1 s, capable 
of resolving temperature to [plusmn]2 [deg]F, capable of resolving 
pressure to [plusmn]1.0 inch of water, and capable of resolving speed to 
[plusmn]1 mph. The temperature and pressure signals shall be recorded at 
intervals of up to 1

[[Page 167]]

minute; speed signals shall be recorded at intervals of up to 1 second.
    (3) Ambient conditions. The procedure shall be run under the 
following ambient conditions. Conditions should be representative of 
sunny summer days.
    (i) Starting ambient temperature (Tamb,o) shall be at 
least 95 [deg]F, steady or increasing (no more than 2 [deg]F drop) 
during the procedure. Ambient temperature shall be measured and recorded 
in regular intervals of at least once every 5 minutes. Measure ambient 
temperature with the following requirements (based on Federal Standard 
for Siting Meteorological Sensors at Airports, FCM-S4-1987). The sensors 
shall be mounted 5[plusmn]1 feet (1.5[plusmn]0.3 meters) above ground 
level. The sensors shall be protected from radiation from the sun, sky, 
earth, and any other surrounding objects, but at the same time be 
adequately ventilated. The sensors shall be installed in such a position 
as to ensure that measurements are representative of the free air 
circulation in the locality and not influenced by artificial conditions 
such as large buildings, cooling towers, and expanses of concrete and 
tarmac. Keep any grass and vegetation within 100 feet (30 meters) of the 
sensor clipped to a height of about 10 inches (25 centimeters) or less.
    (ii) Wind conditions shall be calm to light with maximum wind speed 
of 15 mph. In the case of temporary gusting, wind speeds between 15 and 
25 mph may occur for up to 5 percent of the total driving time without 
invalidating the data collection. Wind speed shall be measured and 
recorded in regular intervals of at least once per minute. Measure wind 
speed with the following requirements (based on Federal Standard for 
Siting Meteorological Sensors at Airports, FCM-S4-1987). The site should 
be relatively level, but small gradual slopes are acceptable. The sensor 
shall be mounted 30 to 33 feet (9 to 10 meters) above the average ground 
height within a radius of 500 feet (150 meters). The sensor height shall 
not exceed 33 feet, except as necessary to be at least 15 feet (5 
meters) above the height of any obstruction (e.g. vegetation, buildings, 
etc.) within a 500 foot (150 meter) radius. An object is considered to 
be an obstruction if the included lateral angle from the sensor to the 
ends of the object is 10 degrees or more.
    (iii) Road surface temperature shall be at least 125 [deg]F 
throughout the driving period. Pavement temperature shall be measured 
and recorded in regular intervals of at least once per minute. The track 
temperature may be measured with an embedded sensor, a portable 
temperature probe, or an infrared pyrometer that can provide an accuracy 
of [plusmn]2 [deg]F. Temperatures must be measured on a surface 
representative of the surface where the vehicle is driven.
    (iv) Conditions shall be sunny or mostly sunny with a maximum cloud 
cover of 25 percent.
    (v) Reported cloud cover, wind speed, and ambient temperature should 
be consistent with that reported by the nearest weather station; the 
Administrator may request justification of any discrepancy.
    (4) Profile determination procedure. (i) Drain the fuel tank(s) and 
fill with test fuel to the ``tank fuel volume'' defined in Sec. 86.082-
2. The test fuel should meet the specifications of Sec. 86.1213, except 
that fuel with a lower volatility may be used, subject to Administrator 
approval. Manufacturers using a lower volatility fuel must generate a 
vapor temperature profile for demonstrating compliance with the limit on 
fuel tank pressure during the running loss test (see Sec. 86.1234-96).
    (ii) The vehicle shall be moved to the location where the data is to 
be collected. It may be driven a maximum distance of 5 miles and may 
also be transported by other means. The vehicle shall be stabilized by 
one of the following methods:
    (A) The vehicle shall be parked for a minimum of 12 hours in an open 
area on a surface that is representative of the test road, without any 
artificial heating or cooling of the fuel. The orientation of the front 
of the vehicle during parking (e.g., N, SW, etc.) shall be documented.
    (B) The vehicle may be soaked in a temperature-controlled 
environment to stabilize fuel temperatures. Before starting the drive, 
the vehicle shall be stabilized with fuel temperatures 95[plusmn]3 
[deg]F for at least one hour. The fuel temperature may not exceed 98 
[deg]F at any

[[Page 168]]

time before the beginning of the driving schedule, during which only 
whole-vehicle heating and cooling may be used to control fuel 
temperatures. If a manufacturer uses the provisions of paragraph 
(d)(7)(v) of this section to establish a lower initial fuel temperature 
for the running loss test, the fuel in the test vehicle may not be 
stabilized at a temperature higher than the newly established initial 
fuel temperature.
    (iii) Once the ambient conditions specified in paragraph (d)(3) of 
this section are met and the vehicle has been stabilized according to 
paragraph (d)(4)(ii) of this section, the vehicle's engine may be 
started. The vehicle's air conditioning system (if so equipped) shall be 
set to the ``normal'' air conditioning mode and adjusted to the minimum 
discharge air temperature and high fan speed. Vehicles equipped with 
automatic temperature controlled air conditioning systems shall be set 
to operate in ``automatic'' temperature and fan modes with the system 
set at 72 [deg]F.
    (iv) The vehicle may be operated at minimum throttle for a period up 
to 60 seconds prior to the start of the driving schedule, as necessary 
to move from the parking location onto the road surface. The driver's 
aid shall be started and the vehicle operated over the driving cycle 
specified in Sec. 86.1234-96(b) with the transmission operated in the 
same manner as specified in Sec. 86.128-79. The data recording system 
shall provide a record of the required parameters over the entire period 
of driving.
    (5) Records required. In addition to the vehicle data recording, the 
following parameters shall be documented for the determination of the 
fuel temperature profile:
    (i) Date and time of vehicle fueling;
    (ii) Odometer reading at vehicle fueling;
    (iii) Date and time vehicle was parked, parking location and 
orientation;
    (iv) Odometer reading at parking;
    (v) Date and time engine was started;
    (vi) Time of initiation of the first driving cycle;
    (vii) Time of completion of the driving cycle;
    (viii) Ambient temperatures throughout the period of driving 
(Tamb);
    (ix) Wind speed throughout the period of driving;
    (x) Track surface temperatures throughout the period of driving 
cycle (Tsur);
    (xi) Percent cloud cover during the period of driving; and
    (xii) Ambient temperature, wind speed, and percent cloud cover 
reported by the nearest weather station for the time corresponding most 
closely to the period of driving.
    (6) Fuel tank pressure. Tank pressure shall not exceed 10 inches of 
water at any time during the temperature profile determination unless a 
pressurized system is used and the manufacturer demonstrates that vapor 
would not be vented to the atmosphere upon fuel cap removal.
    (7) Calculation of temperature profiles. (i) The traces from the 
driving schedule shall be verified to meet the speed tolerance 
requirements of Sec. 86.1215. The following conditions shall be 
verified:

    (A) Tamb,i [ge] Tamb,o -2 [deg]F.

Where,
    (1) i=instantaneous measurement throughout the drive; and
    (2) o=initial measurement at the start of the specified driving 
schedule.
    (B) Tamb,o[ge]95 [deg]F.
    (C) Tsur,i-Tamb,i[ge]30 [deg]F.
    (D) Wmax[le]15 mph.

    (ii) Failure to comply with any of these requirements shall result 
in invalidation of the data and require that the procedure be repeated, 
beginning with the fuel drain at paragraph (d)(4)(i) of this section.
    (iii) If all these requirements are met, the following calculations 
shall be performed to determine a profile for liquid fuel temperatures 
and, if applicable, for vapor temperatures: 
Ti,profile=Ti-To.
Where:
    (A) Ti,profile=the series of temperatures that comprise 
the relative temperature profile.
    (B) Ti=the series of observed liquid fuel or vapor 
temperatures during the drive.
    (C) To=the liquid fuel or vapor temperature observed at 
the start of the specified driving schedule.
    (iv) The relative temperature profile consists of the set of 
temperatures at

[[Page 169]]

each 1-minute interval. If temperatures are sampled more frequently than 
once per minute, the temperature data points may represent a rolling 
average of temperatures sampled for up to one-minute intervals. If 
multiple valid test runs are conducted for any model, then all the 
collected data shall be used to calculate a composite profile, based on 
the average temperatures at each point. The absolute temperature profile 
is determined by adding 95 [deg]F (35 [deg]C) to each point of the 
relative profile. Other methodologies for developing corrected liquid 
fuel and vapor space temperature profiles may be used if demonstrated to 
yield equivalent results and approved in advance by the Administrator.
    (v) Manufacturers may use a lower initial fuel temperature for the 
running loss test, if approved in advance by the Administrator. To 
demonstrate the need for such an adjustment, manufacturers would be 
expected to determine the maximum fuel temperature experienced by a 
vehicle during an extended park or after driving one UDDS cycle when 
exposed to the ambient conditions described in paragraph (d)(3) of this 
section. To use this provision, manufacturers would have to show maximum 
fuel temperatures no greater than 92 [deg]F.

[48 FR 1456, Jan. 12, 1983, as amended at 48 FR 52210, Nov. 16, 1983; 58 
FR 16053, Mar. 24, 1993; 60 FR 43901, Aug. 23, 1995; 65 FR 59957, Oct. 
6, 2000]



Sec. 86.1230-85  Test sequence; general requirements.

    The test sequence shown in Figure M85-1 show the steps encountered 
as the test vehicle undergoes the test procedure. Ambient temperature 
levels encountered by the test vehicle throughout the test sequence 
shall not be less than 68[deg] F (20[deg] C) nor more than 86[deg] F 
(30[deg] C). The vehicle shall be approximately level during all phases 
of the test sequence to prevent abnormal fuel distribution.

[[Page 170]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.185

[48 FR 1456, Jan. 12, 1983, as amended at 48 FR 52210, Nov. 16, 1983]



Sec. 86.1230-96  Test sequence; general requirements.

    (a)(1) Gasoline- and methanol-fueled vehicles. The test sequence 
shown in figure M96-1 of this section shows the steps encountered as the 
test vehicle undergoes the procedures subsequently described to 
determine conformity with the standards set forth. The full three-
diurnal sequence depicted in figure M96-1 tests vehicles for all sources

[[Page 171]]

of evaporative emissions. The supplemental two-diurnal test sequence is 
designed to verify that vehicles sufficiently purge their evaporative 
canisters during the dynamometer run. Sections 86.1232-96, 86.1233-96 
and 86.1238-96 describe the separate specifications of the supplemental 
two-diurnal test sequence.
    (2) Gaseous-fueled vehicles. The test sequence shown in figure M96-1 
of this section shows the steps encountered as the test vehicle 
undergoes the procedures subsequently described to determine conformity 
with the standards set forth, with the exception that the fuel drain and 
fill and precondition canister steps are not required for gaseous-fueled 
vehicles. In addition, the supplemental two-diurnal test and the running 
loss test are not required.
    (b) The vehicle test for fuel spitback during fuel dispensing is 
conducted as a stand-alone test (see Sec. 86.1246). This test is not 
required for gaseous-fueled vehicles.
    (c) Ambient temperature levels encountered by the test vehicle shall 
be not less than 68 [deg]F nor more than 86 [deg]F, unless otherwise 
specified. If a different ambient temperature is specified for soaking 
the vehicle, the soak period may be interrupted once for up to 10 
minutes to transport the vehicle from one soak area to another, provided 
the ambient temperature experienced by the vehicle is never below 68 
[deg]F. The temperatures monitored during testing must be representative 
of those experienced by the test vehicle.
    (d) The vehicle shall be approximately level during all phases of 
the test sequence to prevent abnormal fuel distribution.
    (e) If tests are invalidated after collection of emission data from 
previous test segments, the test may be repeated to collect only those 
data points needed to complete emission measurements. Compliance with 
emission standards may be determined by combining emission measurements 
from different test runs. If any emission measurements are repeated, the 
new measurements supersede previous values.

[[Page 172]]

[GRAPHIC] [TIFF OMITTED] TR23AU95.009

[58 FR 16054, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43902, Aug. 23, 1995]

[[Page 173]]



Sec. 86.1231-90  Vehicle preparation.

    (a) Prepare the fuel tank(s) for recording the temperature of the 
prescribed test fuel at the approximate mid-volume of the fuel when the 
tank is 40 percent full.
    (b) Provide additional fittings and adapters, as required, to 
accommodate a fuel drain at the lowest point possible in the tank(s) as 
installed on the vehicle.
    (c)(1) Any vapor storage device which absorbs HC vapors and/or 
CH3OH vapors and subsequently releases them to the engine 
induction system during vehicle operation shall be subjected to a 
minimum of 30 load-purge cycles or the equivalent thereof (4,000 miles 
or more of actual in-use vehicle service accumulation shall be 
considered equivalent). One load-purge cycle shall be accomplished by 
conducting one of the following procedures:
    (i) Vehicle Procedure. Park a fully-warm vehicle (a vehicle that has 
been driven for at least 15 minutes) for a time period of at least 3 
hours. Fill the fuel tank(s) to the prescribed ``tank fuel volume'' with 
specified test fuel (Sec. 86.1213) at room temperature. Then drive the 
vehicle through at least one cycle of the HDV reference (transient) 
urban dynamometer driving schedule.
    (ii) Laboratory Procedure. Flow vapors (gasoline or methanol, as 
appropriate) into a pre-purged vapor storage device until at least 10 
percent of the input HC or CH3OH mass flow rate is passing 
through the device. Purge the device with a volume of air which is at 
least as great as, and which has a temperature no higher than that which 
would be drawn through the device if it were installed on the test 
vehicle and the vehicle was operated according to the HDV reference 
(transient) urban dynamometer driving schedule. The vapor flow rate, the 
method used to generate the vapors, the air flow rate, and the air 
temperature shall be recorded. If pre-blended gas is used, then the 
composition and characteristics of the gas shall be recorded.
    (2) Ten load-purge cycles accumulated immediately prior to testing 
shall be conducted according to the method in paragraph (c)(1)(i) of 
this section. The preceding 20 cycles (minimum) shall be conducted 
according to either of the methods in paragraph (c)(1) (i) or (ii) of 
this section.

[54 FR 14568, Apr. 11, 1989]



Sec. 86.1231-96  Vehicle preparation.

    (a) For gasoline- and methanol-fueled vehicles prepare the fuel 
tank(s) for recording the temperature of the prescribed test fuel, as 
described in Sec. 86.1207-96(e).
    (b) Provide additional fittings and adapters, as required, to 
accommodate a fuel drain at the lowest point possible in the tank(s) as 
installed on the vehicle.
    (c) For preconditioning that involves loading the evaporative 
emission canister(s) with butane, provide valving or other means as 
necessary to allow purging and loading of the canister(s).
    (d) For vehicles to be tested for running loss emissions, prepare 
the fuel tank(s) for measuring and recording the temperature and 
pressure of the fuel tank as specified in Sec. 86.1207-96 (e) and (f). 
Measurement of vapor temperature is optional during the running loss 
test. If vapor temperature is not measured, fuel tank pressure need not 
be measured.
    (e) For vehicles to be tested for running loss emissions, prepare 
the exhaust system by sealing or plugging all detectable sources of 
exhaust gas leaks. The exhaust system shall be tested or inspected to 
ensure that detectable exhaust hydrocarbons are not emitted into the 
running loss enclosure during the running loss test.

[58 FR 16056, Mar. 24, 1993, as amended at 60 FR 43904, Aug. 23, 1995]



Sec. 86.1232-90  Vehicle preconditioning.

    (a) The vehicle shall be moved to the test area and the following 
operations performed:
    (1) The fuel tank(s) shall be drained through the provided fuel 
tank(s) drain(s) and filled to the prescribed ``tank fuel volume'' with 
the specified test fuel, Sec. 86.1213. For the above operations the 
evaporative emission control system shall neither be abnormally purged 
nor abnormally loaded.
    (2) Within one hour of being fueled the vehicle shall be placed, 
either by being driven or pushed, on a dynamometer and operated through 
one HDV

[[Page 174]]

urban dynamometer driving schedule (see Sec. 86.1215). A test vehicle 
may not be used to set dynamometer horsepower.
    (3) The Administrator may choose to conduct additional 
preconditioning to insure that the evaporative emissions control system 
is stabilized. The additional preconditioning shall consist of an 
initial one hour minimum soak and one, two or three driving cycles of 
the dynamometer driving schedule, as described in paragraph (a)(2) of 
this section, each followed by a soak of at least one hour with engine 
off, engine compartment cover closed and cooling fan off. The vehicle 
may be driven off the dynamometer for the soak period which follows each 
driving cycle.
    (b) After completion of preconditioning the vehicle shall be driven 
off the dynamometer and parked. The engine shall be turned off within 
five minutes of completion of preconditioning. The vehicle may be pushed 
to its parking location after its engine has been turned off.

[54 FR 14568, Apr. 11, 1989]



Sec. 86.1232-96  Vehicle preconditioning.

    (a) Fuel tank cap(s) of gasoline- and methanol-fueled vehicles shall 
be removed during any period that the vehicle is parked outdoors 
awaiting testing, to prevent unusual loading of the canisters. During 
this time care must be taken to prevent entry of water or other 
contaminants into the fuel tank. During storage in the test area while 
awaiting testing, the fuel tank cap(s) may be in place. The vehicle 
shall be moved into the test area and the following operations 
performed.
    (b)(1) Gasoline- and methanol-fueled vehicles. Drain the fuel 
tank(s) and fill with test fuel, as specified in Sec. 86.1213, to the 
``tank fuel volume'' defined in Sec. 86.082-2. The fuel cap(s) shall be 
installed within one minute after refueling.
    (2) Gaseous-fueled vehicles. Vehicle fuel tanks are to be filled 
with fuel that meets the specifications in Sec. 86.113. Fuel tanks shall 
be filled to a minimum of 75% of service pressure for natural gas-fueled 
vehicles or a minimum of 75% of available fill volume for liquefied 
petroleum gas-fueled vehicles. Prior draining of the fuel tanks is not 
called for if the fuel in the tanks already meets the specifications in 
Sec. 86.113.
    (c) Gasoline- and methanol-fueled vehicles shall be soaked for at 
least 6 hours after being refueled. Gaseous-fueled vehicles shall be 
soaked for at least 1 hour after being refueled. Following this soak 
period, the test vehicle shall be placed, either by being driven or 
pushed, on a dynamometer and operated through one driving schedule, 
specified in Sec. 86.1215 and appendix I of this part. Once a test 
vehicle has completed the refueling and vehicle soak steps specified in 
paragraphs (b) and (c) of this section, these steps may be omitted in 
subsequent testing with the same vehicle and the same fuel 
specifications, provided the vehicle remains under laboratory ambient 
temperature conditions for at least 6 hours before starting the next 
test. In such cases, each subsequent test shall begin with the 
preconditioning drive specified in this paragraph. The test vehicle may 
not be used to set dynamometer horsepower.
    (d) [Reserved]
    (e) The Administrator may choose to conduct additional 
preconditioning to ensure that the evaporative emissions control system 
is stabilized. The additional preconditioning shall consist of an 
initial one hour minimum soak and one, two or three driving cycles of 
the dynamometer driving schedule, as described in paragraph (c) of this 
section, each followed by a soak of at least one hour with engine off, 
engine compartment cover closed and cooling fan off. The vehicle may be 
driven off the dynamometer for the soak period that follows each driving 
cycle.
    (f)(1) Gasoline- and methanol-fueled vehicles. After completion of 
the preconditioning drive, the vehicle shall be driven off the 
dynamometer. The vehicle's fuel tank(s) shall be drained and then filled 
with test fuel, as specified in Sec. 86.1213, to the ``tank fuel 
volume'' defined in Sec. 86.082-2. The vehicle shall be refueled within 
1 hour after completion of the preconditioning drive. The fuel cap(s) 
shall be installed within 1 minute after refueling. The vehicle shall be 
parked within five minutes after refueling.
    (2) Gaseous-fueled vehicles. After completion of the preconditioning 
drive,

[[Page 175]]

the vehicle shall be driven off the dynamometer. Vehicle fuel tanks 
shall be refilled with fuel that meets the specifications in 
Sec. 86.1213. Fuel tanks shall be filled to a minimum of 75% of service 
pressure for natural gas-fueled vehicles or a minimum of 75% of 
available fill volume for liquefied petroleum gas-fueled vehicles. Prior 
draining of the fuel tanks is not called for if the fuel in the tanks 
already meets the specifications in Sec. 86.1213. The vehicle shall be 
parked within five minutes after refueling, or, in the absence of 
refueling, within five minutes after completion of the preconditioning 
drive.
    (g) The vehicle shall be soaked for not less than 12 hours nor more 
than 36 hours between the end of the refueling event and the beginning 
of the cold start exhaust emission test.
    (h) During the soak period for the three-diurnal test sequence 
described in Sec. 86.1230-96, evaporative canisters, if the vehicle is 
so equipped, shall be preconditioned according to the following 
procedure. For vehicles with multiple canisters in a series 
configuration, the set of canisters must be preconditioned as a unit. 
For vehicles with multiple canisters in a parallel configuration, each 
canister must be preconditioned separately. If production evaporative 
canisters are equipped with a functional service port designed for vapor 
load or purge steps, the service port shall be used during testing to 
precondition the canister. In addition, for model year 1998 and later 
vehicles equipped with refueling canisters, these canisters shall be 
preconditioned for the three-diurnal test sequence according to the 
procedure in paragraph (j)(1) of this section. If a vehicle is designed 
to actively control evaporative or refueling emissions without a 
canister, the manufacturer shall devise an appropriate preconditioning 
procedure, subject to the approval of the Administrator.
    (1)(i) Prepare the evaporative emission canister for the canister 
purging and loading operation. The canister shall not be removed from 
the vehicle, unless access to the canister in its normal location is so 
restricted that purging and loading can only reasonably be accomplished 
by removing the canister from the vehicle. Special care shall be taken 
during this step to avoid damage to the components and the integrity of 
the fuel system. A replacement canister may be temporarily installed 
during the soak period while the canister from the test vehicle is 
preconditioned.
    (ii) The canister purge shall be performed with ambient air of 
humidity controlled to 50[plusmn]25 grains per pound of dry air. This 
may be accomplished by purging the canister in a room that is 
conditioned to this level of absolute humidity. The flow rate of the 
purge air shall be maintained at a nominal flow rate of 0.8 cfm and the 
duration shall be determined to provide a total purge volume flow 
through the canister equivalent to 300 canister bed volume exchanges. 
The bed volume is based on the volume of adsorbing material in the 
canister.
    (iii) The evaporative emission canister shall then be loaded by 
sending to the canister an amount of commercial grade butane vapors 
equivalent to 1.5 times its nominal working capacity. The canister shall 
be loaded with a mixture composed of 50 percent butane and 50 percent 
nitrogen by volume at a rate of 15[plusmn]2 grams butane per hour. If 
the canister loading at that rate takes longer than 12 hours, a 
manufacturer may determine a new rate, based on completing the canister 
loading in no less than 12 hours. The new rate may be used for all 
subsequent canister loading according to paragraph (h) of this section. 
The time of initiation and completion of the canister loading shall be 
recorded.
    (iv) The determination of a canister's nominal working capacity 
shall be based on the average capacity of no less than five canisters 
that are in a stabilized condition.
    (A) For stabilization, each canister must be loaded no less than 10 
times and no more than 100 times to 2-gram breakthrough with a 50/50 
mixture by volume of butane and nitrogen, at a rate of 15 grams butane 
per hour. Each canister loading step must be preceded by canister 
purging with 300 canister bed volume exchanges at 0.8 cfm.
    (B) For determining working capacity, each canister must first be 
purged with 300 canister bed volume exchanges at 0.8 cfm. The working 
capacity of each canister shall be established by

[[Page 176]]

determining the mass of butane required to load the canister from the 
purged state so that it emits 2 grams of hydrocarbon vapor; the canister 
must be loaded with a 50/50 mixture by volume of butane and nitrogen, at 
a rate of 15 grams butane per hour.
    (2) For methanol-fueled and flexible-fueled vehicles, canister 
preconditioning shall be performed with a fuel vapor composition 
representative of that which the vehicle would generate with the fuel 
mixture used for the current test. Manufacturers shall develop a 
procedure to precondition the evaporative canister, if the vehicle is so 
equipped, for the different fuel. The procedure shall represent a 
canister loading equivalent to that specified in paragraph (h)(1) of 
this section and shall be approved in advance by the Administrator.
    (i) [Reserved]
    (j) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, one of the following methods shall be used to 
precondition evaporative canisters during the soak period specified in 
paragraph (g) of this section. For vehicles with multiple canisters in a 
series configuration, the set of canisters must be preconditioned as a 
unit. For vehicles with multiple canisters in a parallel configuration, 
each canister must be preconditioned separately. In addition, for model 
year 1998 and later vehicles equipped with refueling canisters, these 
canisters shall be preconditioned for the supplemental two-diurnal test 
sequence according to the procedure in paragraph (j)(1) of this section. 
Canister emissions are measured to determine breakthrough. Breakthrough 
is here defined as the point at which the cumulative quantity of 
hydrocarbons emitted is equal to 2 grams.
    (1) Butane loading to breakthrough. The following procedure provides 
for emission measurement in an enclosure. Breakthrough may also be 
determined by measuring the weight gain of an auxiliary evaporative 
canister connected downstream of the vehicle's canister, in which case, 
the following references to the enclosure can be ignored. The auxiliary 
canister shall be well purged prior to loading. If production 
evaporative canisters are equipped with a functional service port 
designed for vapor load or purge steps, the service port shall be used 
during testing to precondition the canister.
    (i) Prepare the evaporative/refueling emission canister for the 
canister loading operation. The canister shall not be removed from the 
vehicle, unless access to the canister in its normal location is so 
restricted that purging and loading can only reasonably be accomplished 
by removing the canister from the vehicle. Special care shall be taken 
during this step to avoid damage to the components and the integrity of 
the fuel system. A replacement canister may be temporarily installed 
during the soak period while the canister from the test vehicle is 
preconditioned.
    (ii) The evaporative emission enclosure shall be purged for several 
minutes. Warning: If at any time the concentration of hydrocarbons, of 
methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the 
enclosure should be immediately purged. This concentration provides at 
least a 4:1 safety factor against the lean flammability limit.
    (iii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the canister loading procedure.
    (iv) If not already on, the evaporative enclosure mixing fan shall 
be turned on at this time.
    (v) Place the vehicle in a sealed enclosure and measure emissions 
with a FID.
    (vi)(A) For gasoline-fueled vehicles, load the canister with a 
mixture composed of 50 percent butane and 50 percent nitrogen by volume 
at a rate of 40 grams butane per hour.
    (B) For methanol-fueled and flexible-fueled vehicles, canister 
preconditioning shall be performed with a fuel vapor composition 
representative of that which the vehicle would generate with the fuel 
mixture used for the current test. Manufacturers shall develop a 
procedure to precondition the evaporative canister, if the vehicle is so 
equipped, for the different fuel.
    (vii) As soon as the canister reaches breakthrough, the vapor source 
shall be shut off.

[[Page 177]]

    (viii) Reconnect the evaporative emission canister and restore the 
vehicle to its normal operating condition.
    (2) Load with repeated diurnal heat builds to breakthrough. The 
following procedure provides for emission measurement in an enclosure. 
Breakthrough may also be determined by measuring the weight gain of an 
auxiliary evaporative canister connected downstream of the vehicle's 
canister, in which case, the following references to the enclosure can 
be ignored. The auxiliary canister shall be well purged with dry air 
prior to loading.
    (i) The evaporative emission enclosure shall be purged for several 
minutes. Warning: If at any time the concentration of hydrocarbons, of 
methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the 
enclosure should be immediately purged. This concentration provides at 
least a 4:1 safety factor against the lean flammability limit.
    (ii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the diurnal heat builds.
    (iii) If not already on, the evaporative enclosure mixing fan shall 
be turned on at this time.
    (iv) The fuel tank(s) of the prepared vehicle shall be drained and 
filled with test fuel, as specified in Sec. 86.1213, to the ``tank fuel 
volume'' defined in Sec. 86.082-2. The average temperature of the 
dispensed fuel shall be 60[plusmn]12 [deg]F (16[plusmn]7 [deg]C). The 
fuel tank cap(s) shall be installed within 1 minute after refueling.
    (v) Within one hour of being refueled, the vehicle shall be placed, 
with the engine shut off, in the evaporative emission enclosure. The 
fuel tank temperature sensor shall be connected to the temperature 
recording system. A heat source, specified in Sec. 86.1207-90(d), shall 
be properly positioned with respect to the fuel tank(s) and connected to 
the temperature controller.
    (vi) The temperature recording system shall be started.
    (vii) The fuel may be artificially heated to the starting diurnal 
temperature.
    (viii) When the fuel temperature reaches at least 69 [deg]F (21 
[deg]C), immediately turn off purge blower (if not already off); close 
and seal enclosure doors; and initiate measurement of the hydrocarbon 
level in the enclosure.
    (ix) When the fuel temperature reaches 72[plusmn]2 [deg]F 
(22[plusmn]1 [deg]C), start the diurnal heat build.
    (x) The fuel shall be heated in such a way that its temperature 
change conforms to the following function to within [plusmn]4 [deg]F 
([plusmn]3 [deg]C):
    F= To+0.4t; or


for SI units,

    C=To+(2/9)t.

Where,
F=fuel temperature, [deg]F;
C=fuel temperature, [deg]C;
t=time since beginning of test, minutes; and
To=initial temperature in [deg]F ( [deg]C for SI units).

    (xi) As soon as breakthrough occurs or when the fuel temperature 
reaches 96 [deg]F (36 [deg]C), whichever occurs first, the heat source 
shall be turned off, the enclosure doors shall be unsealed and opened, 
and the vehicle fuel tank cap(s) shall be removed. If breakthrough has 
not occurred by the time the fuel temperature reaches 96 [deg]F (36 
[deg]C), the heat source shall be removed from the vehicle, the vehicle 
shall be removed (with engine still off) from the evaporative emission 
enclosure and the entire procedure outlined in paragraph (j)(2) of this 
section shall be repeated until breakthrough occurs.
    (xii) After breakthrough occurs, the fuel tank(s) of the prepared 
vehicle shall be drained and filled with test fuel, as specified in 
Sec. 86.1213, to the ``tank fuel volume'' defined in Sec. 86.082-2. The 
fuel shall be stabilized to a temperature within 3 [deg]F of the lab 
ambient before beginning the driving cycle for the dynamometer run.
    (k) The Administrator may conduct the vehicle preparation and 
preconditioning for measurement of fuel economy or exhaust emissions 
according to the procedures specified in Secs. 86.1232-90 and 86.1233-
90, in lieu of the procedures specified in this section.
    (l) Vehicles to be tested for exhaust emissions only shall be 
processed according to Secs. 86.1235 through 86.1237. Vehicles to be 
tested for evaporative emissions shall be processed in accordance with 
the procedures in Secs. 86.1233 through 86.1238, starting with 
Sec. 86.1235.
    (m) Vehicles to be tested for evaporative emissions with the 
supplemental

[[Page 178]]

two-diurnal test sequence described in Sec. 86.1230-96, shall proceed 
according to Secs. 86.1235 through 86.1237, followed by the supplemental 
hot soak test (see Sec. 86.1238-96(k)) and the supplemental diurnal 
emission test (see Sec. 86.1233-96(p)).

[58 FR 16056, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43904, Aug. 23, 1995; 65 FR 59958, Oct. 6, 2000]



Sec. 86.1233-90  Diurnal breathing loss test.

    (a) Following vehicle preparation and vehicle preconditioning 
procedures described in Secs. 86.1231 and 86.1232, the diurnal test 
shall start not less than 10 or more than 35 hours after the end of the 
preconditioning procedure. The start of vehicle operation shall follow 
the end of the diurnal test within one hour.
    (b) The evaporative emissions enclosure shall be purged for several 
minutes immediately prior to the test.
    Note: If at any time the concentration of hydrocarbons, or of 
methanol, or of hydrocarbons and methanol exceeds 15,000 ppm C the 
enclosure should be immediately purged. This concentration provides a 
4:1 safety factor against the lean flammability limit.
    (c) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the test.
    (d) Impingers charged with known volumes of pure deionized water 
shall be placed in the methanol sampling system (methanol-fueled 
vehicles only).
    (e) If not already on, the evaporative enclosure mixing fan(s) shall 
be turned on at this time.
    (f) For vehicles with multiple tanks, the largest tank shall be 
designated as the primary tank and shall be heated in accordance with 
the procedures described in paragraph (m) of this section. All other 
tanks shall be designated as auxiliary tanks and shall undergo a similar 
heat build such that the fuel temperature shall be within 3 [deg]F (1.6 
[deg]C) of the primary tank.
    (g) Immediately prior to the diurnal breathing loss test, the fuel 
tank(s) of the prepared vehicle shall be drained and recharged with the 
specified test fuel as defined in Sec. 86.1213 to the prescribed ``tank 
fuel volume'', as defined in Sec. 86.078-2. The temperature of the fuel 
prior to its delivery to the fuel tank shall be between 45 [deg]F and 60 
[deg]F (7.2 [deg]C and 16 [deg]C). The fuel tank cap(s) is not installed 
until the diurnal heat build begins.
    (h) The test vehicle, with the engine shut off, shall be moved into 
the evaporative emission enclosure, the test vehicle windows and any 
storage compartments shall be opened, the fuel tank temperature sensor 
shall be connected to the temperature recording system, and, if 
required, the heat source shall be properly positioned with respect to 
the fuel tank(s) and/or connected to the temperature controller.
    (i) The temperature recording system shall be started.
    (j) The fuel may be artificially heated to the starting diurnal 
temperature, 60 [deg]F[plusmn]2 [deg]F (16 [deg]C[plusmn]1.1 [deg]C).
    (k) When the fuel temperature recording system reaches at least 58 
[deg]F (14 [deg]C), immediately:
    (1) Install fuel tank cap(s).
    (2) Turn off purge blowers, if not already off at this time.
    (3) Close and seal enclosure doors.
    (l) When the fuel temperature recording system reaches 60 
[deg]F[plusmn]2 [deg]F (16 [deg]C[plusmn]1.1 [deg]C) immediately:
    (1) Analyze enclosure atmosphere for hydrocarbons and record. This 
is the initial (time = 0 minutes) hydrocarbon concentration, 
CHCi (see Sec. 86.1243).
    (2) Simultaneously with initiation of the hydrocarbon analysis, 
initiate collection of the methanol sample by drawing a sample from the 
enclosure through the sampling system for four minutes. This is the 
initial methanol measurement from which methanol concentration 
CCH3OHi and mass are calculated. Remove impingers and replace 
with freshly charged clean impingers which will be used to collect the 
final methanol sample.
    (3) Record barometric pressure reading. This is the initial (time = 
0 minutes) barometric pressure, Pbi (see Sec. 86.1243).
    (4) Record enclosure ambient temperature. This is the initial (time 
= 0 minutes) enclosure ambient temperature, Ti (see 
Sec. 86.1243).
    (5) Start diurnal heat build and record time. This commences the 
60[plusmn]2 minute test period.

[[Page 179]]

    (m) The fuel shall be heated in such a way that its temperature 
change conforms to the following function to within [plusmn]3 [deg]F 
([plusmn]1.6 [deg]C):
    (1) F = To + 0.4t
    (2) For SI units, C = To + (2/9)t

Where:
F = fuel temperature, [deg]F.
C = fuel temperature, [deg]C.
t = heating time, minutes.
To = initial temperature in [deg]F (or in [deg]C for SI 
units).

    After 60[plusmn]2 minutes of heating, the fuel temperature rise 
shall be 240[plusmn]1 [deg]F (13.30[plusmn]0.5 [deg]C).
    (n) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the end of the diurnal test.
    (o)(1) The end of the diurnal breathing loss test occurs 60[plusmn]2 
minutes after the heat build begins (paragraph (k)(4) of this section). 
Analyze the enclosure atmosphere for hydrocarbon and record. This is the 
final (time = 60 minutes) hydrocarbon concentration, CHCf 
(see Sec. 86.1234). The time (or elapsed time) of this analysis shall be 
recorded.
    (2) Simultaneously with the start of the hydrocarbon analysis, 
initiate collection of the methanol sample. Sample for four minutes. 
This is the final methanol sample.
    (3) Alternate method for methanol sampling. Since sample times of 
longer than four minutes may be necessary in order to collect an 
adequate and representative sample of methanol at the end of a test 
(when SHED concentrations are usually increasing rapidly), it may be 
necessary to rapidly collect the methanol sample in a bag and then 
bubble the bag sample through the impingers at the specified flow rate. 
The time elapsed between collection of the bag sample and flowing 
through the impingers should be minimized in order to prevent any 
losses. This alternative must be adopted if the four minute sample 
period is inadequate to collect a sample of sufficient concentration to 
allow accurate GC analysis.
    (4) Record barometric pressure reading. This is the final (time = 60 
minutes) barometric pressure, Pbf (see Sec. 86.1243).
    (5) Record enclosure ambient temperature. This is the final (time = 
60 minutes) enclosure ambient temperature, Tf (see 
Sec. 86.1243).
    (p) The heat source shall be turned off and the enclosure doors 
unsealed.
    (q) The heat source shall be moved away from the vehicle, if 
required, and/or disconnected from the temperature controller, the fuel 
tank temperature sensor shall be disconnected from the temperature 
recording system, and the test vehicle windows and any storage 
compartments may be closed. The vehicle shall be either driven or pushed 
out of the evaporative emission enclosure.

[54 FR 14568, Apr. 11, 1989]



Sec. 86.1233-96  Diurnal emission test.

    (a)(1) The diurnal emission test for gasoline-, methanol- and 
gaseous-fueled vehicles consists of three 24-hour test cycles following 
the hot soak test. Emissions are measured for each 24-hour cycle, with 
the highest emission level used to determine compliance with the 
standards specified in subpart A of this part. The Administrator may 
truncate a test after any 24-hour cycle without affecting the validity 
of the collected data. Sampling of emissions from the running loss and 
hot soak tests is not required as preparation for the diurnal emission 
test. The diurnal emission test may be conducted as part of either the 
three-diurnal test sequence or the supplemental two-diurnal test 
sequence, as described in Sec. 86.1230-96.
    (2) For the full three-diurnal test sequence, the diurnal emission 
test outlined in paragraphs (b) through (o) of this section follows the 
high-temperature hot soak test concluded in Sec. 86.1238-96(j).
    (3) For the supplemental two-diurnal test sequence, the diurnal 
emission test outlined in paragraph (p) of this section follows the 
alternate hot soak test specified in Sec. 86.1238-96(k). This test is 
not required for gaseous-fueled vehicles.
    (b) The test vehicle shall be soaked for not less than 6 hours nor 
more than 36 hours between the end of the hot soak test and the start of 
the diurnal emission test. For at least the last 6 hours of this period, 
the vehicle shall be soaked at 72[plusmn]3 [deg]F. The temperature 
tolerance may be waived for up to 10

[[Page 180]]

minutes to allow purging of the enclosure or transporting the vehicle 
into the enclosure at the beginning of the diurnal emission test.
    (c) The test vehicle shall be exposed to ambient temperatures cycled 
according to the profile specified in Sec. 86.1233 and appendix II of 
this part.
    (1) Temperatures measured with the underbody temperature sensor 
shall follow the profile with a maximum deviation of 3 [deg]F at any 
time and an average temperature deviation not to exceed 2 [deg]F, where 
the average deviation is calculated using the absolute value of each 
measured deviation. In addition, the temperature from the sidewall 
temperature sensors shall follow the profile with a maximum deviation of 
5 [deg]F at any time.
    (2) Ambient temperatures shall be measured at least every minute. 
Temperature cycling shall begin when time=0 minutes, as specified in 
paragraph (i)(5) of this section.
    (d) The diurnal enclosure shall be purged for several minutes prior 
to the test. Warning: If at any time the concentration of hydrocarbons, 
of methanol or of methanol and hydrocarbons exceeds 15,000 ppm C the 
enclosure should be immediately purged. This concentration provides at 
least a 4:1 safety factor against the lean flammability limit.
    (e) The test vehicle, with the engine shut off and the test vehicle 
windows and luggage compartment(s) opened, shall be moved into the 
diurnal enclosure.
    (f)-(g) [Reserved]
    (h) Prior to sampling for emissions and throughout the period of 
cycled ambient temperatures, the mixing fan(s) shall circulate the air 
at a rate of 0.8[plusmn]0.2 cfm per cubic foot of ambient volume. The 
mixing fan(s), plus any additional fans if needed, shall also maintain a 
minimum wind speed of 5 mph (8 km/hr) under the fuel tank of the test 
vehicle. The Administrator may adjust fan speed and location to ensure 
sufficient air circulation around the fuel tank. The wind speed 
requirement may be satisfied by consistently using a fan configuration 
that has been demonstrated to maintain a broad 5-mph air flow in the 
vicinity of the vehicle's fuel tank, subject to verification by the 
Administrator.
    (i) Emission sampling may begin as follows:
    (1) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the sampling.
    (2) Impingers charged with known volumes of pure deionized water 
shall be placed in the methanol sampling system (methanol-fueled 
vehicles only).
    (3) Turn off purge blowers (if not already off).
    (4) Close and seal enclosure doors (if not already closed and 
sealed).
    (5) Within 10 minutes of closing and sealing the doors, analyze 
enclosure atmosphere for hydrocarbons and record. This is the initial 
(time=0 minutes) hydrocarbon concentration, CHCi, required in 
Sec. 86.1243. Hydrocarbon emissions may be sampled continuously during 
the test period.
    (6) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.0[plusmn]0.5 
minutes. This is the initial methanol concentration, 
CCH3OHi, required in Sec. 86.1243. Record the time 
elapsed during this analysis. If the 4-minute sample period is 
inadequate to collect a sample of sufficient concentration to allow 
accurate GC analysis, rapidly collect the methanol sample in a bag and 
then bubble the bag sample through the impingers at the specified flow 
rate. The time elapsed between collection of the bag sample and flow 
through the impingers should be minimized to prevent any losses. If the 
test is conducted in a fixed-volume enclosure that allows airflow into 
and out of the enclosure, the effect of makeup air dilution must be 
factored into the analysis.
    (j) If testing indicates that a vehicle design may result in fuel 
temperature responses during enclosure testing that are not 
representative of in-use summertime conditions, the Administrator may 
adjust air circulation and temperature during the test as needed to 
ensure that the test sufficiently duplicates the vehicle's in-use 
experience.
    (k) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned

[[Page 181]]

immediately prior to the end of each emission sampling period.
    (l) Fresh impingers shall be installed in the methanol collection 
system immediately prior to the end of each emission measurement, if 
applicable.
    (m) The end of the first, second, and third emission sampling period 
shall occur 1440[plusmn]6, 2880[plusmn]6, 4320[plusmn]6 minutes, 
respectively, after the beginning of the initial sampling, as specified 
in paragraph (i)(5) of this section.
    (1) At the end of each emission sampling period, analyze the 
enclosure atmosphere for hydrocarbons and record. This is the final 
hydrocarbon concentration, CHCf, required in Sec. 86.1243. 
The emission measurement at the end of each period becomes the initial 
hydrocarbon concentration, CHCi, of the next emission 
sampling period.
    (2) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.0[plusmn]0.5 
minutes. This is the final (time=1440 minutes) methanol concentration, 
CCH3OHf, required in Sec. 86.1243. Record the time 
elapsed during this analysis. If the 4-minute sample period is 
inadequate to collect a sample of sufficient concentration to allow 
accurate GC analysis, rapidly collect the methanol sample in a bag and 
then bubble the bag sample through the impingers at the specified flow 
rate. The time elapsed between collection of the bag sample and flow 
through the impingers should be minimized to prevent any losses. If the 
test is conducted in a fixed-volume enclosure that allows airflow into 
and out of the enclosure, the effect of makeup air dilution must be 
factored into the analysis.
    (n) At the end of the temperature cycling period the enclosure doors 
shall be unsealed and opened, the test vehicle windows and luggage 
compartments may be closed and the test vehicle, with the engine shut 
off, shall be removed from the enclosure.
    (o) This completes the full three-diurnal evaporative emission test 
sequence described in Sec. 86.1230-96.
    (p) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, the following steps shall be performed in lieu of the 
steps described in paragraphs (b) through (n) of this section.
    (1) For the supplemental two-diurnal test sequence, the test vehicle 
shall be soaked for not less than 6 hours nor more than 36 hours between 
the end of the hot soak test described in Sec. 86.1238-96(k), and the 
start of the two-diurnal emission test. For at least the last 6 hours of 
this period, the vehicle shall be soaked at 72[plusmn]3 [deg]F.
    (2) The vehicle shall be tested for diurnal emissions according to 
the procedures specified in paragraphs (c) through (n) of this section, 
except that the test includes only two 24-hour periods. Therefore the 
end of the first and second emission sampling periods shall occur 
1440[plusmn]6 and 2880[plusmn]6 minutes, respectively, after the initial 
sampling.
    (3) This completes the supplemental two-diurnal test sequence for 
evaporative emission measurement.

[58 FR 16057, Mar. 24, 1993; 59 FR 48524, Sept. 21, 1994, as amended at 
60 FR 43905, Aug. 23, 1995]



Sec. 86.1234-96  Running loss test.

    (a) Overview. Gasoline- and methanol-fueled vehicles are to be 
tested for running loss emissions during simulated high-temperature 
urban driving; this test is not required for gaseous-fueled vehicles. 
During operation, tank temperatures are controlled according to a 
prescribed profile to simulate in-use conditions. If the vehicle is 
determined to have exceeded the standard before the end of the running 
loss test, the test may be terminated without invalidating the data. The 
test can be run either in a sealed enclosure or with the point-source 
method, as specified in paragraph (g) of this section. Measurement of 
vapor temperature is optional during the running loss test; however, if 
testing by the Administrator shows that a vehicle has exceeded an 
emission standard without measurement of vapor temperatures, the 
manufacturer may, utilizing its own resources, conduct subsequent 
testing on that vehicle to determine if the exceedance is attributable 
to inadequate control of vapor temperatures.
    (b) Driving schedule. Conduct the running loss test by operating the 
test vehicle through three driving schedules (see Sec. 86.1215 and 
appendix I of this

[[Page 182]]

part). Fifteen seconds after the engine starts, place the transmission 
in gear. Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule. The transmission shall be 
operated according to the specifications of Sec. 86.1228 during the 
driving cycles.
    (c) Dynamometer operation. (1) The exhaust from the vehicle must be 
routed outside the test cell or enclosure. Exhaust gases may, but need 
not, be collected and sampled.
    (2) Provisions of Sec. 86.1235-85(c) shall apply.
    (3) Practice runs over the prescribed driving schedule may not be 
performed at test point.
    (4) Provisions of Sec. 86.1235-85 (e) and (f) shall apply.
    (5) If the dynamometer horsepower must be adjusted manually, it 
shall be set within 1 hour prior to the running loss test phase. The 
test vehicle shall not be used to make this adjustment. Dynamometers 
using automatic control of preselectable power settings may be set any 
time prior to the beginning of the emissions test.
    (6) Dynamometer roll or shaft revolutions shall be used to determine 
the actual driving distance for the running loss test, DRL, 
required in Sec. 86.1243. The revolutions shall be measured on the same 
roll or shaft used for measuring the vehicle's speed.
    (7) Provisions of Sec. 86.1235-85(i) shall apply.
    (8) The test run may be stopped if a warning light or gauge 
indicates that the vehicle's engine coolant has overheated.
    (d) Engine starting and restarting. (1) Provisions of Sec. 86.1236-
85(a) shall apply.
    (2) If the vehicle does not start after the manufacturer's 
recommended cranking time (or 10 continuous seconds in the absence of a 
manufacturer's recommendation), cranking shall cease for the period 
recommended by the manufacturer (or 10 seconds in the absence of a 
manufacturer's recommendation). This may be repeated for up to three 
start attempts. If the vehicle does not start after three attempts, the 
reason for failure to start shall be determined. If failure to start is 
an operational error, the vehicle shall be rescheduled for testing, 
starting with the soak period immediately preceding the running loss 
test.
    (3) If failure to start is caused by a vehicle malfunction, 
corrective action of less than 30 minutes duration may be taken 
(according to Sec. 86.090-25), and the test continued, provided that the 
ambient conditions to which the vehicle is exposed are maintained at 
95[plusmn]5 [deg]F (35[plusmn]3 [deg]C). When the engine starts, the 
timing sequence of the driving schedule shall begin. If failure to start 
is caused by vehicle malfunction and the vehicle cannot be started, the 
test shall be voided, the vehicle removed from the dynamometer, and 
corrective action may be taken according to Sec. 86.090-25. The reason 
for the malfunction (if determined) and the corrective action taken 
shall be reported to the Administrator.
    (4) Provisions of Sec. 86.1236-85(b) shall apply.
    (e) Pressure checks. No pressure checks of the evaporative system 
shall be allowed. Under no circumstances will any changes/repairs to the 
evaporative emissions control system be allowed.
    (f) Temperature stabilization. Immediately after the hot transient 
exhaust emission test, the vehicle shall be soaked in a temperature 
controlled area for a maximum of 6 hours until the fuel temperature is 
stabilized. The fuel may be heated or cooled to stabilize fuel 
temperatures, but the fuel heating rate must not exceed 5 [deg]F in any 
1-hour interval during the soak period. A manufacturer may use a faster 
heating rate or a longer period for stabilizing fuel temperatures if the 
needed heating cannot be easily accomplished in the 6-hour period, 
subject to Administrator approval.
    (1) Fuel temperatures must be held at 95[plusmn]3 [deg]F for at 
least one hour before the start of the running loss test.
    (2) If a vehicle's fuel temperature profile has an initial 
temperature lower than 95 [deg]F, as described in Sec. 86.1229-
85(d)(7)(v), the fuel in the test vehicle must be stabilized to within 3 
[deg]F of that temperature for at least one hour before the start of the 
running loss test.
    (g) Running loss test. The running loss test may be conducted either 
by the

[[Page 183]]

enclosure method, or by the point-source method.
    (1) Enclosure method. (i) The running loss enclosure shall be purged 
for several minutes immediately prior to the test. Warning: If at any 
time the concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately 
purged. This concentration provides at least a 4:1 safety factor against 
the lean flammability limit.
    (ii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the test.
    (iii) If not already on, the running loss enclosure mixing fan(s) 
shall be turned on at this time. Throughout the test, the mixing fan(s) 
shall circulate the air at a rate of at least 1.0 cfm per cubic foot of 
ambient volume.
    (iv) The test vehicle, with the engine off, shall be moved onto the 
dynamometer in the running loss enclosure. The vehicle engine 
compartment cover shall be unlatched, but closed as much as possible, 
allowing for the air intake equipment specified in paragraph (g)(1)(vii) 
of this section. The vehicle engine compartment cover may be closed if 
alternate routing is found for the air intake equipment. Any windows, 
doors, and luggage compartments shall be closed. A window may be opened 
to direct cooling air into the passenger compartment of the vehicle, if 
the vehicle is not equipped with its own air conditioning.
    (v) Fans shall be positioned as described in Secs. 86.1207-96 (d) 
and (h).
    (vi) The vehicle air conditioning system (if so equipped) shall be 
set to the ``normal'' air conditioning mode and adjusted to the minimum 
discharge air temperature and high fan speed. Vehicles equipped with 
automatic temperature controlled air conditioning systems shall be set 
to operate in ``automatic'' temperature and fan modes with the system 
set at 72 [deg]F.
    (vii) Connect the air intake equipment to the vehicle, if 
applicable. This connection shall be made to minimize leakage.
    (viii) The temperature and pressure recording systems shall be 
started. Measurement of vapor temperature is optional during the running 
loss test. If vapor temperature is not measured, fuel tank pressure need 
not be measured.
    (ix) Turn off purge blowers (if not already off).
    (x) The temperature of the liquid fuel shall be monitored and 
recorded at least every 15 seconds with the temperature recording system 
specified in Sec. 86.1207-96(e).
    (xi) Close and seal the enclosure doors.
    (xii) When the ambient temperature is 95[plusmn]5 [deg]F 
(35[plusmn]3 [deg]C) and the fuel has been stabilized according to 
paragraph (f) of this section, the running loss test may begin. Measure 
the initial ambient temperature and pressure.
    (A) Analyze enclosure atmosphere for hydrocarbons and record. This 
is the initial (time=0 minutes) hydrocarbon concentration, 
CHCi, required in Sec. 86.1243. Hydrocarbon emissions may be 
sampled continuously during the test period.
    (B) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.0[plusmn]0.5 
minutes. This is the initial (time=0 minutes) methanol concentration, 
CCH3OHi, required in Sec. 86.1243. Record the time 
elapsed during this analysis. If the 4-minute sample period is 
inadequate to collect a sample of sufficient concentration to allow 
accurate GC analysis, rapidly collect the methanol sample in a bag and 
then bubble the bag sample through the impingers at the specified flow 
rate. The time elapsed between collection of the bag sample and flow 
through the impingers should be minimized to prevent any losses.
    (xiii) Start the engine and begin operation of the vehicle over the 
drive cycle specified in paragraph (b) of this section.
    (xiv) The ambient temperature shall be maintained at 95[plusmn]5 
[deg]F (95[plusmn]2 [deg]F on average) during the running loss test, 
measured at the inlet to the cooling fan in front of the vehicle; it 
shall be recorded at least every 60 seconds.
    (xv) The fuel temperature during the dynamometer drive shall be 
controlled to match the fuel tank temperature

[[Page 184]]

profile determined in Sec. 86.1229. Measured fuel temperatures must be 
within [plusmn]3 [deg]F of the target profile throughout the test run. 
Vapor temperatures, if measured, must be within [plusmn]5 [deg]F of the 
target profile during the first 4186 seconds of the running loss test, 
and within [plusmn]3 [deg]F for the remaining 120 seconds of the test 
run. For any vehicle complying with the test standards, vapor 
temperatures may be higher than the specified tolerances without 
invalidating test results. For testing by the Administrator, vapor 
temperatures may be lower than the specified tolerances without 
invalidating test results. If the test vehicle has more than one fuel 
tank, the temperatures for both fuel tanks shall follow the target 
profiles determined in Sec. 86.1229. The control system shall be tuned 
and operated to provide smooth and continuous tank temperature profiles 
that are representative of the on-road profiles.
    (xvi) Tank pressure shall not exceed 10 inches of water at any time 
during the running loss test unless a pressurized system is used and the 
manufacturer demonstrates that vapor would not be vented to the 
atmosphere upon fuel cap removal. A vehicle may exceed the pressure 
limit for temporary periods during the running loss test, up to 10 
percent of the total driving time, provided that the vehicle has 
demonstrated conformance with the pressure limit during the entire 
outdoor driving period specified in Sec. 86.1229. Measurement of fuel 
tank pressures will be considered valid only if vapor temperatures are 
measured and controlled to the tolerances specified in paragraph 
(g)(1)(xv) of this section.
    (xvii) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior the end of the test.
    (xviii) Fresh impingers shall be installed in the methanol 
collection system immediately prior to the end of the test, if 
applicable.
    (xix) The running loss test ends with the completion of the third 2-
minute idle period.
    (xx) At the end of the running loss test:
    (A) Analyze the enclosure atmosphere for hydrocarbons and record. 
This is the final hydrocarbon concentration, CHCf, required 
in Sec. 86.1243.
    (B) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start prior to the end of the 
test and continue for 4.0[plusmn]0.5 minutes. The methanol sampling must 
be completed within 2 minutes after the end of the running loss test. 
This is the final methanol concentration, CCH3OHf, 
required in Sec. 86.1243. Record the time elapsed during this analysis. 
If the 4-minute sample period is inadequate to collect a sample of 
sufficient concentration to allow accurate GC analysis, rapidly collect 
the methanol sample in a bag and then bubble the bag sample through the 
impingers at the specified flow rate. The time elapsed between 
collection of the bag sample and flow through the impingers should be 
minimized to prevent any losses.
    (C) Turn off all the fans specified in Sec. 86.1207-96(d). Also, the 
time that the vehicle's engine compartment cover is open for removal of 
air intake equipment, if applicable, shall be minimized to avoid loss of 
heat from the engine compartment.
    (xxi) Turn off any CVS apparatus (if not already turned off).
    (2) Point-source method. (i) The test vehicle, with the engine off, 
shall be moved onto the dynamometer. The vehicle engine compartment 
cover and any windows, doors, and luggage compartments shall be closed.
    (ii) Fans shall be positioned as described in Secs. 86.1235-85(b) 
and 86.1207-96(d).
    (iii) The running loss vapor vent collection system shall be 
properly positioned at the potential fuel vapor vents or leaks of the 
vehicle's fuel system. Typical vapor vents for current fuel systems are 
the ports of the evaporative emission canister and the pressure relief 
vent of the fuel tank (typically integrated into the fuel tank cap).
    (iv) The running loss vapor vent collection system may be connected 
to a PDP-CVS or CFV-CVS bag collection system. Otherwise, running loss 
vapors shall be sampled continuously with analyzers meeting the 
requirements of Sec. 86.1207-96(b).
    (v) Fans shall be positioned as described in Sec. 86.1207-96(d).

[[Page 185]]

    (vi) The vehicle air conditioning system (if so equipped) shall be 
set to the ``normal'' air conditioning mode and adjusted to the minimum 
discharge air temperature and high fan speed. Vehicles equipped with 
automatic temperature controlled air conditioning systems shall be set 
to operate in ``automatic'' temperature and fan modes with the system 
set at 72 [deg]F.
    (vii) The temperature and pressure recording systems shall be 
started. Measurement of vapor temperature is optional during the running 
loss test. If vapor temperature is not measured, fuel tank pressure need 
not be measured.
    (viii) The temperature of the liquid fuel shall be monitored and 
recorded at least every 15 seconds with the temperature recording system 
specified in Sec. 86.1207-96(e).
    (ix) When the ambient temperature is 95[plusmn]5 [deg]F (35[plusmn]3 
[deg]C) and the fuel tank temperature is 95[plusmn]3 [deg]F the running 
loss test may begin.
    (x) The ambient temperature shall be maintained at 95[plusmn]5 
[deg]F (95[plusmn]2 [deg]F on average) during the running loss test, 
measured at the inlet to the cooling fan in front of the vehicle; it 
shall be recorded at least every 60 seconds.
    (xi) Fuel temperatures shall be controlled according to the 
specifications of paragraph (g)(1)(xv) of this section.
    (xii) The tank pressure requirements described in paragraph 
(g)(1)(xvi) of this section apply also to running loss testing by the 
point source method.
    (xiii) The running loss test ends with completion of the third 2-
minute idle period.
    (xiv) If emissions are collected in bags, the sample bags must be 
analyzed within 20 minutes of their respective sample collection phases, 
as described in Sec. 86.137-94(b)(15). The results of the analysis are 
used in Sec. 86.1243 to calculate the mass of hydrocarbons emitted.
    (xv) At the end of the running loss test, turn off all the fans 
specified in Sec. 86.1207-96(d).
    (h) Following the completion of the running loss drive, the vehicle 
may be tested for hot soak emissions as specified in Sec. 86.1238-96.

[58 FR 16059, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43905, Aug. 23, 1995; 65 FR 59958, Oct. 6, 2000]



Sec. 86.1235-85  Dynamometer procedure.

    (a) The dynamometer run consists of one HDV urban dynamometer 
driving schedule cycle starting within one hour after completion of the 
diurnal loss test. This run includes engine startup (with all 
accessories turned off) and operation over the driving schedule.
    (b) During dynamometer operation, one or more cooling fans shall be 
positioned so as to direct cooling air to the vehicle in an appropriate 
manner. The engine compartment cover shall be closed. If, however, the 
manufacturer can show that the engine compartment cover must be open to 
provide a test representative of field operation, the Administrator will 
allow the engine cover to be open. In the case of vehicles with front 
engine compartments, the fan(s) shall be squarely positioned within 12 
inches of the vehicle. In the case of vehicles with rear engine 
compartments (or if special designs make the above impractical), the 
cooling fan(s) shall be placed in a position to provide sufficient air 
to maintain vehicle cooling. The fan capacity shall normally not exceed 
10,600 (cfm (5.0 m3[sol] s)). If, however, the manufacturer 
can show that during field operation the vehicle receives additional 
cooling, and that such additional cooling is needed to provide a 
representative test, the fan capacity may be increased or additional 
fans used.
    (c) The vehicle speed as measured from the dynamometer rolls shall 
be used.
    (d) Practice runs over the prescribed driving schedule may be 
performed at test points, provided emissions are not measured, for the 
purpose of finding the minimum throttle action to maintain the proper 
speed-time relationship, or to permit test procedure adjustments.
    Note: When using two-roll dynamometers a truer speed-time trace may 
be obtained by minimizing the rocking of the vehicle in the rolls. The 
rocking of the vehicle changes the tire rolling radius on each roll. 
This rocking

[[Page 186]]

may be minimized by restraining the vehicle horizontally (or nearly so) 
by using a cable and winch, or chain.
    (e) Drive wheel tires shall be inflated to the maximum gauge 
pressure recommended to the ultimate purchaser. If drive wheel tires 
have a maximum recommended inflation gauge pressure of less than 45 psi 
(310 kPa), they may be inflated up to a gauge pressure of 45 psi (310 
kPa) in order to prevent tire damage. The drive wheel tire pressure 
shall be recorded with the test results.
    (f) If the dynamometer has not been operated during the 2-hour 
period immediately preceding the test it shall be warmed up for 15 
minutes by operating at 30 mph (48 km/h) using a non-test vehicle or as 
recommended by the dynamometer manufacturer.
    (g) If the dynamometer horsepower must be adjusted manually, the 
power shall be set within 1 hour prior to dynamometer operation 
preceding the hot soak test. The test vehicle shall not be used to make 
the adjustment.
    (h) If the dynamometer horsepower is selected by automatic control, 
the power may be set anytime prior to the beginning of the driving 
cycle.
    (i) Multiple drive axle vehicles will be tested in one axle drive 
mode of operation. Full time multiple drive axle vehicles will have all 
but one axle temporarily disengaged by the vehicle manufacturer. 
Multiple drive axle vehicles which can be manually shifted to a one axle 
drive mode will be tested in the one axle drive mode of operation, 
unless this would pose a safety hazard, in which case all but one axle 
will be temporarily disengaged by the vehicle manufacturer.



Sec. 86.1235-96  Dynamometer procedure.

    Section 86.1235-96 includes text that specifies requirements that 
differ from Sec. 86.1235-85. Where a paragraph in Sec. 86.1235-85 is 
identical and applicable to Sec. 86.1235-96, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1235-85.''
    (a) The dynamometer run consists of one dynamometer driving schedule 
cycle (see Sec. 86.1215 and appendix I of this part) starting not less 
than 12 nor more than 36 hours after completion of the drive specified 
in Sec. 86.1232-96. This run includes engine startup (with all 
accessories turned off) and operation over the driving schedule.
    (b) through (i) [Reserved]. For guidance see Sec. 86.1235-85.

[58 FR 16060, Mar. 24, 1993, as amended at 65 FR 59958, Oct. 6, 2000]



Sec. 86.1236-85  Engine starting and restarting.

    (a) Starting. (1) The engine shall be started (including choke 
operation) according to the manufacturers recommended starting 
procedures in the owner's manual. The initial idle period shall begin 
when the engine starts.
    (2) The operator may use the choke, accelerator pedal, etc., where 
necessary to keep the engine running.
    (3) If the manufacturer's operating instructions in the owner's 
manual do not specify a warm engine starting procedure, the engine shall 
be started by depressing the accelerator pedal about half way and 
cranking the engine until it starts.
    (4) If the vehicle does not start after the manufacturer's 
recommended cranking time (or 10 continuous seconds in the absence of a 
manufacturer's recommendation), cranking shall cease for the period 
recommended by the manufacturer (or 10 seconds in the absence of a 
manufacturer's recommendation). This may be repeated for up to three 
start attempts. If the vehicle does not start after three attempts, the 
reason for failure to start shall be determined. If failure to start is 
an operational error, the vehicle shall be rescheduled for the 
dynamometer run. If failure to start is caused by a vehicle malfunction, 
corrective action of less than 30 minutes duration may be taken, and the 
test continued. When the engine starts, the driving schedule timing 
sequence shall begin. If failure to start is caused by vehicle 
malfunction and the vehicle cannot be started, the test shall be voided, 
the vehicle removed from the dynamometer, and corrective action may be 
taken. The reasons for the malfunction (if determined) and the 
corrective action taken shall be recorded.
    (b) Stalling. (1) If the engine stalls during an idle period, the 
engine shall be restarted immediately and the driving schedule 
continued. If the engine

[[Page 187]]

cannot be started soon enough to allow the vehicle to follow the next 
acceleration as prescribed, the driving schedule indicator shall be 
stopped. When the vehicle restarts, the driving schedule indicator shall 
be reactivated.
    (2) If the engine stalls during some operating mode other than idle, 
the driving schedule indicator shall be stopped, the vehicle shall then 
be restarted and accelerated to the speed required at that point in the 
driving schedule and the driving schedule continued. During acceleration 
to this point, shifting shall be performed in accordance with 
Sec. 86.1228-85.
    (3) If the vehicle will not restart within one minute, the test 
shall be voided, the vehicle removed from the dynamometer, corrective 
action taken, and the vehicle rescheduled for testing. The reason for 
the malfunction (if determined) and the corrective action taken shall be 
recorded.

[48 FR 1456, Jan. 12, 1983, as amended at 58 FR 16060, Mar. 24, 1993]



Sec. 86.1237-85  Dynamometer runs.

    (a) The vehicle shall be either driven or pushed onto the 
dynamometer; however, if driven, the period of engine operation between 
the end of the diurnal loss test and beginning of the hot soak 
preparation run shall not exceed 3 minutes, and the vehicle shall be 
driven at minimum throttle. The dynamometer run shall follow the diurnal 
heat build by not more than one hour. The vehicle shall be stored prior 
to dynamometer operation in such a manner that it is not exposed to 
precipitation (e.g., rain or dew).
    (b) The following steps shall be taken for the dynamometer run:
    (1) Place drive wheels of vehicle on the dynamometer.
    (2) Position the cooling fan(s).
    (3) Attach an exhaust tube to the vehicle tailpipe(s).
    (4) Start the engine.
    (5) Turn on the cooling fan(s).
    (6) Operate the vehicle according to the dynamometer driving 
schedule (Sec. 86.1215-85).
    (7) At the end of the last deceleration, disconnect the exhaust tube 
from the vehicle tailpipe(s) and drive vehicle from the dynamometer.



Sec. 86.1237-96  Dynamometer runs.

    Section 86.1237-96 includes text that specifies requirements that 
differ from Sec. 86.1237-85. Where a paragraph in Sec. 86.1237-85 is 
identical and applicable to Sec. 86.1237-96, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1237-85.''
    (a) The vehicle shall be either driven or pushed onto the 
dynamometer; however, if driven, the total time of engine operation 
during the 12 to 36 hour soak period shall not exceed 3 minutes, and the 
vehicle shall be driven at minimum throttle. The vehicle shall be stored 
prior to dynamometer operation in such a manner that it is not exposed 
to precipitation (e.g., rain or dew).
    (b) [Reserved]. For guidance see Sec. 86.1235-85.

[58 FR 16061, Mar. 24, 1993]



Sec. 86.1238-90  Hot soak test.

    The one-hour hot-soak evaporative emission test shall be conducted 
immediately following one cycle of the dynamometer driving schedule.
    (a) Prior to the completion of the dynamometer cycle, the 
evaporative emission enclosure shall be purged for several minutes.
    (b) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the test.
    (c) Fresh impingers shall be installed in the methanol sample 
collection system immediately prior to the start of the test, if 
applicable.
    (d) If not already on, the evaporative enclosure mixing fan(s) shall 
be turned on at this time.
    (e) Upon completion of the dynamometer run the exhaust tube shall be 
disconnected from the vehicle tailpipe(s), the cooling fan(s) shall be 
moved, and the vehicle shall be disconnected from the dynamometer and 
driven at minimum throttle to the vehicle entrance of the enclosure.
    (f) The vehicle's engine must be stopped before any part of the 
vehicle enters the enclosure. The vehicle may be pushed or coasted into 
the enclosure.
    (g) The test vehicle windows and any storage compartments shall be 
opened, if not already open.

[[Page 188]]

    (h) The temperature recording system shall be started and the time 
of engine shut off shall be noted on the evaporative emissions 
hydrocarbon data recording system.
    (i) The enclosure doors shall be closed and sealed within two 
minutes of engine shutdown and within seven minutes after the end of the 
exhaust emission test. The steps after the end of the driving cycle 
should be done as quickly as possible to minimize the time needed to 
start the hot soak test.
    (j) The 60[plusmn]0.5 minute hot soak begins when the enclosure 
doors are sealed. The enclosure atmosphere shall be analyzed and 
recorded. This is the initial (time = 0 minutes) hydrocarbon 
concentration, CHCi, for use in calculating evaporative 
losses (see Sec. 86.1243). The ``zero'' time methanol sample shall be 
collected starting at the same time as the hydrocarbon analysis is 
started. Sampling shall continue for four minutes.
    (k) The test vehicle shall be permitted to soak for a period of one 
hour in the enclosure.
    (l) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the end of the test.
    (m) Fresh impingers shall be installed in the methanol collection 
system immediately prior to the end of the test, if applicable.
    (n) At the end of the 60[plusmn]0.5 minute test period, the 
enclosure atmosphere shall again be analyzed (as described in 
Sec. 86.1238-90(j) and the time recorded. This is the final (time = 60 
minutes) hydrocarbon concentration, CHCf and the final 
methanol level for use in calculating evaporative losses (see 
Sec. 86.1243). This operation completes the evaporative emission 
measurement procedure.
    (o) Alternate method for methanol sampling. Since sample times of 
longer than four minutes may be necessary in order to collect an 
adequate and representative sample of methanol at the end of a test 
(when SHED concentrations are usually increasing rapidly), it may be 
necessary to rapidly collect the methanol sample in a bag and then 
bubble the bag sample through the impingers at the specified flow rate. 
The time elapsed between collection of the bag sample and flowing 
through the impingers should be minimized in order to prevent any 
losses. This alternative must be adopted if the four minute sample 
period is inadequate to collect a sample of sufficient concentration to 
allow accurate GC analysis.

[54 FR 14569, Apr. 11, 1989, as amended at 58 FR 16061, Mar. 24, 1993; 
60 FR 43906, Aug. 23, 1995]



Sec. 86.1238-96  Hot soak test.

    (a)(1) Gasoline- and methanol-fueled vehicles. For gasoline- and 
methanol-fueled vehicles, the hot soak test shall be conducted 
immediately following the running loss test. However, sampling of 
emissions from the running loss test is not required as preparation for 
the hot soak test.
    (2) Gaseous-fueled vehicles. Since gaseous-fueled vehicles are not 
required to perform a running loss test, the hot soak test shall be 
conducted within seven minutes after completion of the hot start exhaust 
test.
    (b) The hot soak test may be conducted in the running loss enclosure 
as a continuation of that test or in a separate enclosure.
    (1) If the hot soak test is conducted in the running loss enclosure, 
the driver may exit the enclosure after the running loss test. If 
exiting, the driver should use the personnel door described in 
Sec. 86.1207-96(a)(2), exiting as quickly as possible with a minimum 
disturbance to the system. The final hydrocarbon and methanol 
concentration for the running loss test, measured in Sec. 86.1234-
96(g)(1)(xx), shall be the initial hydrocarbon and methanol 
concentration (time=0 minutes) CHCi and 
CCH3OHi, for the hot soak test.
    (2) If the vehicle must be moved to a different enclosure, the 
following steps must be taken:
    (i) The enclosure for the hot soak test shall be purged for several 
minutes prior to completion of the running loss test. Warning: If at any 
time the concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately 
purged. This concentration provides at least a 4:1 safety factor against 
the lean flammability limit.

[[Page 189]]

    (ii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the test.
    (iii) Fresh impingers shall be installed in the methanol sample 
collection system immediately prior to the start of the test, if 
applicable.
    (iv) If not already on, the mixing fan(s) shall be turned on at this 
time. Throughout the hot soak test, the mixing fan(s) shall circulate 
the air at a rate of 0.8[plusmn]0.2 cfm per cubic foot of the nominal 
enclosure volume.
    (v) Begin sampling as follows:
    (A) Analyze the enclosure atmosphere for hydrocarbons and record. 
This is the initial (time = 0 minutes) hydrocarbon concentration, 
CHCi, required in Sec. 86.1243. Hydrocarbon emissions may be 
sampled continuously during the test period.
    (B) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.0[plusmn]0.5 
minutes. This is the initial (time=0 minutes) methanol concentration, 
CCH3OHi, required in Sec. 86.1243. Record the time 
elapsed during this analysis. If the 4-minute sample period is 
inadequate to collect a sample of sufficient concentration to allow 
accurate GC analysis, rapidly collect the methanol sample in a bag and 
then bubble the bag sample through the impingers at the specified flow 
rate. The time elapsed between collection of the bag sample and flow 
through the impingers should be minimized to prevent any losses.
    (vi) The vehicle engine compartment cover shall be closed (if not 
already closed), the cooling fan shall be moved, the vehicle shall be 
disconnected from the dynamometer and any sampling system, and then 
driven at minimum throttle to the enclosure for the hot soak test. These 
steps should be done as quickly as possible to minimize the time needed 
to start the hot soak test.
    (vii) The vehicle's engine must be stopped before any part of the 
vehicle enters the enclosure.
    (viii) The vehicle shall enter the enclosure; the enclosure doors 
shall be closed and sealed within 2 minutes of engine shutdown and 
within seven minutes after the end of the running loss test.
    (ix) The test vehicle windows and any luggage compartments shall be 
opened (if not already open). The vehicle engine compartment cover shall 
be closed (if not already closed).
    (c) [Reserved]
    (d) The temperature recording system shall be started and the time 
of engine shutoff shall be noted on the evaporative emission hydrocarbon 
data recording system.
    (e) For the first 5 minutes of the hot soak test, the ambient 
temperature shall be maintained at 95[plusmn]10 [deg]F. For the 
remainder of the hot soak test, the ambient temperature shall be 
maintained at 95[plusmn]5 [deg]F (95[plusmn]2 [deg]F on average).
    (f) The 60[plusmn]0.5 minute hot soak begins when the enclosure 
doors are sealed (or when the running loss test ends, if the hot soak 
test is conducted in the running loss enclosure).
    (g) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of the test.
    (h) Fresh impingers shall be installed in the methanol collection 
system immediately prior to the end of the test, if applicable.
    (i) [Reserved]
    (j) At the end of the 60[plusmn]0.5 minute test period:
    (1) Analyze the enclosure atmosphere for hydrocarbons and record. 
This is the final (time=60 minutes) hydrocarbon concentration, 
CHCf, required in Sec. 86.1243.
    (2) Analyze the enclosure atmosphere for methanol and record, if 
applicable. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.0[plusmn]0.5 
minutes. This is the final (time=60 minutes) methanol concentration, 
CCH3OHf, required in Sec. 86.1243. Record the time 
elapsed during this analysis. If the 4-minute sample period is 
inadequate to collect a sample of sufficient concentration to allow 
accurate GC analysis, rapidly collect the methanol sample in a bag and 
then bubble the bag sample through the impingers at the specified flow 
rate. The time elapsed between collection of the bag sample and flow 
through the

[[Page 190]]

impingers should be minimized to prevent any losses.
    (k) For the supplemental two-diurnal test sequence (see 
Sec. 86.1230-96), the hot soak test described in Sec. 86.1238-90 shall 
be conducted immediately following the dynamometer run. This test 
requires ambient temperatures between 68[deg] and 86 [deg]F at all 
times. The equipment and calibration specifications of Secs. 86.1207-90 
and 86.1207-90 may apply for this testing. Enclosures meeting the 
requirements of Secs. 86.1207-96 and 86.1217-96 may also be used. This 
hot soak test is followed by two consecutive diurnal heat builds, 
described in Sec. 86.1233-96(p).
    (l) If the vehicle is to be tested for diurnal emissions, follow the 
procedure outlined in Sec. 86.1233-96.

[58 FR 16061, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43906, Aug. 23, 1995]



Sec. 86.1242-90  Records required.

    The following information shall be recorded with respect to each 
test:
    (a) Test number.
    (b) System or device tested (brief description).
    (c) Date and time of day for each part of the test schedule.
    (d) Instrument operator.
    (e) Driver or operator.
    (f) Vehicle: ID number; Manufacturer; Model Year; Engine family; 
Evaporative emissions family; Basic engine description (including 
displacement, number of cylinders, and catalyst usage); Engine maximum 
power rating and rated speed; Fuel system (including number of 
carburetors, number of carburetor barrels, fuel injection type, fuel 
tank(s) capacity and location, and number and size (volume and working 
capacity)) of evaporative control canisters, Engine code; Gross vehicle 
weight rating; Actual curb weight at zero miles; Actual road load at 50 
mph; Transmission configuration; Axle ratio; Vehicle line; Odometer 
reading; Idle rpm; and Drive wheel tire pressure, as applicable.
    (g) Indicated road load power absorption at 50 mph (80 km/hr) and 
dynamometer serial number. As an alternative to recording the 
dynamometer serial number, a reference to a vehicle test cell number may 
be used, provided the test cell records show the pertinent information.
    (h) All pertinent instrument information such as tuning, gain, 
serial number, detector number and range. As an alternative, a reference 
to a vehicle test cell number may be used, with the advance approval of 
the Administrator, provided test cell calibration records show the 
pertinent instrument information.
    (i) Recorder charts: Identify zero, span and enclosure gas sample 
traces.
    (j) Test cell barometric pressure and ambient temperature.
    Note: A central laboratory barometer may be used: Provided, That 
individual test cell barometric pressures are shown to be within 
[plusmn]0.1 percent of the barometric pressure at the central barometer 
location.
    (k) Fuel temperatures as prescribed.
    (l) For methanol-fueled vehicles: (1) Volume of sample passed 
through the methanol sampling system and the volume of deionized water 
in each impinger.
    (2) The concentration of the GC analyses of the test samples 
(methanol).
    (m) For natural gas-fueled vehicles. Composition, including all 
carbon containing compounds; e.g. CO2, of the natural gas-
fuel used during the test. C1 and C2 compounds 
shall be individually reported. C3 and heavier hydrocarbons, 
and C6 and heavier hydrocarbons may be reported as a group.
    (n) For liquefied petroleum gas-fueled vehicles. Composition of the 
liquefied petroleum gas-fuel used during the test. Each hydrocarbon 
compound present, through C4 compounds, shall be individually 
reported. C5 and heavier hydrocarbons may be reported as a 
group.

[54 FR 14570, Apr. 11, 1989, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 34363, June 30, 1995]



Sec. 86.1243-90  Calculations; evaporative emissions.

    (a) The calculation of the net hydrocarbon, methanol and hydrocarbon 
plus methanol mass change in the enclosure is used to determine the 
diurnal and hot soak mass emissions. The mass changes are calculated 
from initial and final hydrocarbon and methanol concentrations in ppm 
carbon, initial and final enclosure ambient temperatures, initial and 
final barometric pressures,

[[Page 191]]

and net enclosure volume using the following equations:
    (1) For methanol:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.125
    

Where:
    (i) MCH3OH=Methanol mass change, [mu] g.
    (ii) Vn=Net enclosure volume, ft3, as 
determined by subtracting 50 ft3 (1.42 m3) (volume 
of vehicle with trunk and windows open) from the enclosure volume. A 
manufacturer may use the measured volume of the vehicle (instead of the 
nominal 50 ft3) with advance approval by the Administrator: 
Provided, the measured volume is determined and used for all vehicles 
tested by that manufacturer.
    (iii) TE=Temperature of sample withdrawn, [deg]R.
    (iv) VE=Volume of sample withdrawn, ft3.
    (v) TSHED=Temperature of SHED, [deg]R
    (vi) PB=Barometric pressure at time of sampling, in. Hg.
    (vii) CMS=GC concentration of sample.
    (viii) AV=Volume of absorbing reagent in impinger.
    (ix) i=Initial sample.
    (x) f=Final sample.
    (xi) 1=First impinger.
    (xii) 2=Second impinger.
    (2) For hydrocarbons:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.126
    
    Where:
    (i) MHC=Hydrocarbon mass change, g.
    (ii) CHC=FID hydrocarbon concentration as ppm carbon 
including FID response to methanol in the sample.
    (iii) CCH23OH=Methanol concentration as ppm carbon.
    [GRAPHIC] [TIFF OMITTED] TR06OC93.127
    
    (iv) Vn = Net enclosure volume ft\3\ (m\3\), as 
determined by subtracting 50 ft\3\ (1.42 m\3\) (volume of vehicle with 
trunk and windows open) from the enclosure volume. A manufacturer may 
use the measured volume of the vehicle (instead of the nominal 50 ft\3\) 
with advance approval by the Administrator: Provided, the measured 
volume is determined and used for all vehicles tested by that 
manufacturer.
    (v) r = FID response factor to methanol.
    (vi) PB = Barometric pressure, in Hg (kPa).

[[Page 192]]

    (vii) T = Enclosure temperature, [deg]R([deg]K).
    (viii) i = initial reading.
    (ix) f = final reading.
    (x) 1 = First impinger.
    (xi) 2 = Second impinger.
    (xii)(A) k = 0.208 (12 = H/C).
    (B) For SI units, k = 1.2 (12 = H/C).

Where:
    (xiii) H/C = hydrogen carbon ratio.
    (A) H/C = 2.33 for diurnal emissions.
    (B) H/C = 2.2 for hot soak emissions.
    (3) For total evaporative emissions:
    Total Evaporative Emissions =
    [GRAPHIC] [TIFF OMITTED] TR06OC93.128
    
    (b) The final reported results shall be computed by summing the 
individual evaporative emission results determined for the diurnal 
breathing-loss test, running-loss test and the hot-soak test.

[54 FR 14570, Apr. 11, 1989, as amended at 60 FR 34363, June 30, 1995]



Sec. 86.1243-96  Calculations; evaporative emissions.

    (a) The following equations are used to calculate the evaporative 
emissions from gasoline- and methanol-fueled vehicles, and for gaseous-
fueled vehicles.
    (b) Use the measurements of initial and final concentrations to 
determine the mass of hydrocarbons and methanol emitted. For testing 
with pure gasoline, methanol emissions are assumed to be zero.
    (1) For enclosure testing of diurnal, hot soak, and running loss 
emissions:
    (i) Methanol emissions:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.129
    
Where:
    (A) MCH23OH=Methanol mass change, [mu] g.
    (B) VFn=Net enclosure volume, ft3, as 
determined by subtracting 50 ft3 (1.42 m3) (volume 
of vehicle with trunk and windows open) from the enclosure volume. A 
manufacturer may use the measured volume of the vehicle (instead of the 
nominal 50 ft3) with advance approval by the Administrator: 
Provided, the measured volume is determined and used for all vehicles 
tested by that manufacturer.
    (C) [Reserved]
    (D) VE=Volume of sample withdrawn, ft3. Sample 
volumes must be corrected for differences in temperature to be 
consistent with determination of Vn, prior to being used in 
the equation.
    (E) [Reserved]
    (F) ACMS=GC concentration of sample.
    (G) AV=Volume of absorbing reagent in impinger.
    (H) PB=Barometric pressure at time of sampling, in. Hg.
    (I) i=Initial sample.
    (J) f=Final sample.
    (K) 1=First impinger.
    (L) 2=Second impinger.
    (M) MCH3OH,out=mass of methanol exiting the enclosure, in 
the case of fixed volume enclosures for diurnal emission testing, [mu] 
g,
    (N) MCH3OH,in=mass of methanol entering the enclosure, in 
the case of fixed volume enclosures for diurnal emission testing, [mu] 
g,
    (ii) Hydrocarbon emissions:

[[Page 193]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.130

Where,
    (A) MHC=Hydrocarbon mass change, g.
    (B) CHC=FID hydrocarbon concentration as ppm carbon 
including FID response to methanol (or methane, as applicable) in the 
sample.
    (C) CCH3OH=Methanol concentration as ppm carbon.
    [GRAPHIC] [TIFF OMITTED] TR06OC93.131
    
    (D) Vn=Net enclosure volume ft3 
(m3) as determined by subtracting 50 ft3 (1.42 
m3) (volume of vehicle with trunk and windows open) from the 
enclosure volume. A manufacturer may use the measured volume of the 
vehicle (instead of the nominal 50 ft3) with advance approval 
by the Administrator, provided the measured volume is determined and 
used for all vehicles tested by that manufacturer.
    (E) r=FID response factor to methanol.
    (F) PB=Barometric pressure, in Hg (Kpa).
    (G) T=Enclosure temperature, [deg]R([deg]K).
    (H) i=initial reading.
    (I) f=final reading.
    (J) 1=First impinger.
    (K) 2=Second impinger.
    (L) Assuming a hydrogen to carbon ratio of 2.3:
    (1) k=2.97; and
    (2) For SI units, k=17.16.
    (M) MHC,out=mass of hydrocarbons exiting the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, g.
    (N) MHC,in=mass of hydrocarbons entering the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, g.
    (iii) For variable-volume enclosures, defined in 
Sec. 86.1207(a)(1)(i), the following simplified form of the hydrocarbon 
mass change equation may be used:
[GRAPHIC] [TIFF OMITTED] TR06OC93.132

    (2) For running loss testing by the point-source method, the mass 
emissions of each test phase are calculated below, then summed for a 
total mass emission for the running loss test. If emissions are 
continuously sampled, the following equations can be used in integral 
form.
    (i) Methanol emissions:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.133
    

[[Page 194]]


Where,
    (A) MCH3OH=methanol mass change, [mu] g.
    (B) [rho]CH3OH= 37.71 g/ft3, 
density of pure vapor at 68 [deg]F.
    (C) Vmix=total dilute sample volume, in ft3, 
calculated as appropriate for the collection technique used.
    (D) CCH3OH,rl=methanol concentration of 
diluted running loss sample, in ppm carbon equivalent.
    (E) CCH3OH,d=methanol concentration of 
dilution air, in ppm carbon equivalent.
    (ii) Hydrocarbon emissions:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.134
    
Where,
    (A) MHC=hydrocarbon mass change, g.
    (B) [rho]HC= 16.88 g/ft3, density of pure 
vapor at 68 [deg]F (for hydrogen to carbon ratio of 2.3).
    (C) Vmix=total dilute sample volume, in ft3, 
calculated as appropriate for the collection technique used.
    (D) CHC,rl=hydrocarbon concentration of diluted running 
loss sample, in ppm carbon equivalent.
    (E) CHC,d=hydrocarbon concentration of dilution air, in 
ppm carbon equivalent.
    (c) Calculate the adjusted total mass emissions for each test 
segment.
[GRAPHIC] [TIFF OMITTED] TR06OC93.136

where MDI=mass emissions from the diurnal emission test (see 
Sec. 86.1233), g.
[GRAPHIC] [TIFF OMITTED] TR06OC93.135

where MHS=mass emissions from the hot soak test (see 
Sec. 86.1238), g.
[GRAPHIC] [TIFF OMITTED] TR06OC93.137

where MRL=mass emissions from the running loss test (see 
Sec. 86.1234), g.
    (d)(1) For the full three-diurnal test sequence, there are two final 
results to report:
    (i) The sum of the adjusted total mass emissions for the diurnal and 
hot soak tests (MDI+MHS); and
    (ii) The adjusted total mass emissions for the running loss test, on 
a grams per mile basis=MRL/DRL, where 
DRL=miles driven for the running loss test (see Sec. 86.1234-
96(c)(6)).
    (2) For the supplemental two-diurnal test sequence, there is one 
final result to report: the sum of the adjusted total

[[Page 195]]

mass emissions for the diurnal and hot soak tests 
(MDI+MHS), described in Secs. 86.1233-96(p) and 
86.1238-96(k), respectively.

[58 FR 16062, Mar. 24, 1993, as amended at 59 FR 48525, Sept. 21, 1994; 
60 FR 34364, June 30, 1995; 60 FR 43906, Aug. 23, 1995]



Sec. 86.1246-96  Fuel dispensing spitback procedure.

    (a) The vehicle is fueled at a rate of 10 gal/min to test for fuel 
spitback emissions. All liquid fuel spitback emissions that occur during 
the test are collected in a bag made of a material impermeable to 
hydrocarbons or methanol. The bag shall be designed and used so that 
liquid fuel does not spit back onto the vehicle body, adjacent floor, 
etc., and it must not impede the free flow of displaced gasoline vapor 
from the orifice of the filler pipe. The bag must be designed to permit 
passage of the dispensing nozzle through the bag. If the bag has been 
used for previous testing, sufficient time shall be allowed for the bag 
to dry out. The dispensing nozzle shall be a commercial model, not 
equipped with vapor recovery hardware.
    (b) Ambient temperature levels encountered by the test vehicle shall 
be not less than 68 [deg]F nor more than 86 [deg]F. The temperatures 
monitored during testing must be representative of those experienced by 
the test vehicle. The vehicle shall be approximately level during all 
phases of the test sequence to prevent abnormal fuel distribution.
    (c) Measure and record the mass of the bag to be used for collecting 
spitback emissions to the nearest 0.01 gram.
    (d) Drain the fuel tank(s) and fill with test fuel, as specified in 
Sec. 86.1213, to 10 percent of the reported nominal fuel tank capacity. 
The fuel cap(s) shall be installed immediately after refueling.
    (e) The vehicle shall be soaked at 80[plusmn]6 [deg]F (27[plusmn]3 
[deg]C) for a minimum of six hours, then placed, either by being driven 
or pushed, on a dynamometer and operated through one dynamometer driving 
schedule (specified in Sec. 86.1215 and appendix I of this part). The 
test vehicle may not be used to set the dynamometer horsepower.
    (f) Following the preconditioning drive, the vehicle shall be moved 
or driven at minimum throttle to the refueling area.
    (g) All areas in proximity to the vehicle fuel fill orifice and the 
dispenser nozzle itself shall be completely dry of liquid fuel.
    (h) The fuel filler neck shall be snugly fitted with the vented bag 
to capture any fuel emissions. The fuel nozzle shall be inserted through 
the bag into the filler neck of the test vehicle to its maximum 
penetration. The plane of the nozzle's handle shall be perpendicular to 
the floor of the laboratory.
    (i) The fueling procedure consists of dispensing fuel through a 
nozzle, interrupted by a series of automatic shutoffs. A minimum of 3 
seconds shall elapse between any automatic shutoff and subsequent 
resumption of dispensing. Dispensing may not be manually terminated, 
unless the test vehicle has already clearly failed the test. The vehicle 
shall be fueled according to the following procedure:
    (1) The fueling operation shall be started within 4 minutes after 
the vehicle is turned off and within 8 minutes after completion of the 
preconditioning drive. The average temperature of the dispensed fuel 
shall be 65[plusmn]5 [deg]F (18[plusmn]3 [deg]C).
    (2) The fuel shall be dispensed at a rate of 9.8[plusmn]0.3 gallons/
minute (37.1[plusmn]1.1 l/min) until the automatic shutoff is activated.
    (3) If the automatic shutoff is activated before the nozzle has 
dispensed an amount of fuel equal to 70 percent of the tank's nominal 
capacity, the dispensing may be resumed at a reduced rate. Repeat as 
necessary until the nozzle has dispensed an amount of fuel equal to at 
least 70 percent of the tank's nominal capacity.
    (4) Once the automatic shutoff is activated after the nozzle has 
dispensed an amount of fuel equal to 70 percent of the tank's nominal 
capacity, the fuel shall be dispensed at a rate of 5[plusmn]1 gallons/
minute (19[plusmn]4 []/min) for all subsequent 
dispensing. Dispensing shall be restarted two additional times.
    (5) If the nozzle has dispensed an amount of fuel less than 85 
percent of the tank's nominal capacity after the two additional 
dispensing restarts, dispensing shall be resumed, and shall

[[Page 196]]

continue through as many automatic shutoffs as necessary to achieve this 
level. This completes the fueling procedure.
    (j) Withdraw the nozzle from the vehicle and the bag, holding the 
tip of the nozzle upward to avoid any dripping into the bag.
    (k) Within 1 minute after completion of the fueling event, the bag 
shall be folded to minimize the vapor volume inside the bag. The bag 
shall be folded as quickly as possible to prevent evaporation of 
collected emissions.
    (l) Within 5 minutes after completion of the fueling event, the mass 
of the bag and its contents shall be measured and recorded (consistent 
with paragraph (c) of this section). The bag shall be weighed as quickly 
as possible to prevent evaporation of collected emissions.

[58 FR 16063, Mar. 24, 1993, as amended at 60 FR 43906, Aug. 23, 1995; 
65 FR 59958, Oct. 6, 2000]



Subpart N--Emission Regulations for New Otto-Cycle and Diesel Heavy-Duty 
        Engines; Gaseous and Particulate Exhaust Test Procedures

    Authority: Secs. 202, 206, 207, 208, 301(a), Clean Air Act as 
amended 42 U.S.C. 7521, 7524, 7541, 7542, and 7601.

    Source: 48 FR 52210, Nov. 16, 1983, unless otherwise noted.



Sec. 86.1301-90  Scope; applicability.

    This subpart contains gaseous emission test procedures for Otto-
cycle and diesel heavy-duty engines, and particulate emission test 
procedures for diesel heavy-duty engines. It applies to 1990 and later 
model years.

[54 FR 14571, Apr. 11, 1989]



Sec. 86.1302-84  Definitions.

    The definitions in Sec. 86.084-2 apply to this subpart.



Sec. 86.1303-84  Abbreviations.

    The abbreviations in Sec. 86.084-3 apply to this subpart.



Sec. 86.1304-90  Section numbering; construction.

    (a) Section numbering. The model year of initial applicability is 
indicated by the section number. The two digits following the hyphen 
designate the first model year for which a section is applicable. The 
section continues to apply to subsequent model years unless a later 
model year section is adopted.

    Example: Section 86.13xx-2004 applies to the 2004 and subsequent 
model years. If a Sec. 86.13xx-2007 is promulgated it would apply 
beginning with the 2007 model year; Sec. 86.13xx-2004 would apply to 
model years 2004 through 2006.

    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model year.

[65 FR 59958, Oct. 6, 2000]



Sec. 86.1305-90  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform exhaust emission tests on Otto-cycle and 
diesel heavy-duty engines. Subpart A sets forth the testing requirements 
and test intervals necessary to comply with EPA certification 
procedures.
    (b) Four topics are addressed in this subpart. Sections 86.1306 
through 86.1315 set forth specifications and equipment requirements; 
Secs. 86.1316 through 86.1326 discuss calibration methods and frequency; 
test procedures are listed in Secs. 86.1327 through 86.1341; calculation 
formula are found in Sec. 86.1342; and data requirements are found in 
Sec. 86.1344.

[54 FR 14571, Apr. 11, 1989]



Sec. 86.1305-2004  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform exhaust emissions tests on Otto-cycle and 
diesel-cycle heavy duty engines. Subpart A of this part sets forth the 
emission standards and general testing requirements to comply with EPA 
certification procedures.
    (b) This subpart contains five key sets of requirements, as follows: 
specifications and equipment needs

[[Page 197]]

(Secs. 86.1306 through 86.1314); calibration methods and frequencies 
(Secs. 86.1316 through 86.1326); test procedures (Secs. 86.1327 through 
86.1341 and Secs. 86.1360 through 86.1380); calculation formulas 
(Secs. 86.1342 and 86.1343); and data requirements (Sec. 86.1344).

[65 FR 59958, Oct. 6, 2000]



Sec. 86.1306-07  Equipment required and specifications; overview.

    Section 86.1306-07 includes text that specifies requirements that 
differ from Sec. 86.1306-96. Where a paragraph in Sec. 86.1306-96 is 
identical and applicable to Sec. 86.1306-07, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1306-96.''.
    (a) and (b) [Reserved]. For guidance see Sec. 86.1306-96.
    (c)(1) Upon request, the Administrator may allow a manufacturer to 
use some of the test equipment allowed for model year 2006 and earlier 
engines instead of the test equipment required for model year 2007 and 
later engines, provided that good engineering judgment indicates that it 
would not adversely affect determination of compliance with the 
applicable emission standards of this part.
    (2) A manufacturer may use the test equipment required for model 
year 2007 and later engines for earlier model year engines, provided 
that good engineering judgment indicates that it would not adversely 
affect determination of compliance with the applicable emission 
standards of this part.
    (d) Approval of alternate test system. (1) If on the basis of the 
information described in paragraph (d)(5) of this section, the 
Administrator determines that an alternate test system would 
consistently and reliably produce emission test results that are at 
least equivalent to the results produced using the test systems 
described in this subpart, he/she shall approve the alternate system for 
optional use instead of the test systems described in this subpart.
    (2) Any person may submit an application for approval of an 
alternate test system.
    (3) In approving an alternate test system, the Administrator may 
approve it for general use, or may approve it conditionally.
    (4) The Administrator may revoke the approval on the basis of new 
information that indicates that the alternate test system is not 
equivalent. However, revocation of approval must allow manufacturers 
sufficient lead-time to change the test system to an approved system. In 
determining the amount of lead-time that is required, the Administrator 
will consider relevant factors such as:
    (i) The ease with which the test system can be converted to an 
approved system.
    (ii) The degree to which the alternate system affects the measured 
emission rates.
    (iii) Any relevant conditions included in the approval.
    (5) The application for approval must include:
    (i) An explanation of the theoretical basis of the alternate system. 
This technical description should explain why the detection principle of 
the alternate system would provide equivalent results to the detection 
principle of the prescribed system for the full range of emission 
properties being measured. This description may include equations, 
figures, and references. For example, a NOX measurement 
application should theoretically relate the alternate detection 
principle to the chemiluminescent detection principle of detecting 
nitric oxide for a typical range of NO to NO2 ratios. A PM 
measurement application should explain the principle(s) by which the 
alternate system quantifies PM mass independent of PM composition, and 
how it is impacted by semi-volatile and volatile species= phase 
distributions. For any proportioning or integrating system, the 
application should compare the alternate system's theoretical response 
to the prescribed system's response.
    (ii) A technical description of the alternate system. This section 
shall detail all of the hardware and software included in the alternate 
system. Dimensioned drawings, flow-charts, schematics, and component 
specifications shall be included. Any data manipulation (i.e. 
calculations) that the system performs shall be presented in this 
section.

[[Page 198]]

    (iii) A description of the procedures used to operate the system 
including the level of training that an operator must have to achieve 
acceptable results. This section of the application shall describe all 
of the installation, calibration, operation, and maintenance procedures 
in a step-by-step format. Note that empirical calibration with respect 
to another prescribed or approved measurement system is not acceptable. 
Calibration should be performed with NIST traceable standards, or 
equivalent national standards. Diagrams, schematics, and other graphics 
may be used to enhance the description.
    (iv) A comparison of results from the alternate system and from the 
prescribed system (or other system approved by the Administrator). The 
two systems must be calibrated independently to NIST traceable standards 
or equivalent national standards for this comparison. While other 
statistical analyses may be acceptable, it is recommended that the 
comparison be based on a minimum of 7 collocated and simultaneous tests. 
This comparison shall be performed over the ``hot-start'' portion of the 
FTP test cycle. If the comparison is paired, it must demonstrate that 
the alternate system passes a two-sided, paired t-test described in this 
paragraph. If the test is unpaired, it must demonstrate that the 
alternate system passes a two-sided, unpaired t-test described in this 
paragraph. Other statistical criteria may be set by the Administrator. 
The average of these tests for the reference system must return results 
less than or equal to the applicable emissions standard. The t-test is 
performed as follows, where ``n'' equals the number of tests:
    (A) Calculate the average of the alternate system results; this is 
Aavg.
    (B) Calculate the average of the results of the system to which the 
alternate system was referenced; this is Ravg.
    (C) For an unpaired comparison, calculate the ``n-1'' standard 
deviation for the alternate and reference averages; these are 
Asd and Rsd respectively. Asd must be 
less than or equal to Rsd. If Asd is greater than 
Rsd, the Administrator will not approve the application.
    (D) For an unpaired comparison, calculate the t-value:


tunpaired = (Aavg-Ravg)/
((Asd\2\+Rsd\2\)/n)\1/2\

    (E) For a paired comparison, calculate the ``n-1'' standard 
deviation (squared) of the differences, di, between the 
paired results, where ``i'' represents the i\th\ test of n number of 
tests:


SD\2\ = (Sdi\2\- ((Sdi)\2\/n))/(n-1)

    (F)(1) For a paired comparison, calculate the t-value:


tpaired = (Aavg-Ravg)/
(SD\2\/n)\1/2\

    (2) The absolute value of t must be less than the critical t value, 
tcrit at a 90% confidence interval for ``n-1'' degrees of 
freedom. The following table lists 90% confidence interval 
tcrit values for n-1 degrees of freedom:

------------------------------------------------------------------------
90% Confidence interval critical t values vs. n-1 degrees of freedom for
                       a two-sided, paired t-test
-------------------------------------------------------------------------
                            n -1                                tcrit
------------------------------------------------------------------------
6..........................................................         1.94
7..........................................................         1.89
8..........................................................         1.86
9..........................................................         1.83
10.........................................................         1.81
11.........................................................         1.80
12.........................................................         1.78
13.........................................................         1.77
14.........................................................         1.76
15.........................................................         1.75
16.........................................................         1.75
17.........................................................         1.74
18.........................................................         1.73
19.........................................................         1.73
20.........................................................         1.72
------------------------------------------------------------------------


[66 FR 5168, Jan. 18, 2001]



Sec. 86.1306-90  Equipment required and specifications; overview.

    (a) Exhaust emission tests. All engines subject to this subpart are 
tested for exhaust emissions. Petroleum-fueled, natural gas-fueled, 
liquefied petroleum gas-fueled and methanol-fueled, Otto-cycle and 
diesel engines are tested identically with the exception of the systems 
used to measure hydrocarbon, nitrogen oxide, methanol, formaldehyde and 
particulate; petroleum-fueled diesel engines require a heated, 
continuous hydrocarbon detector and a continuous nitrogen oxide detector 
(Sec. 86.1310); methanol-fueled engines require a heated hydrocarbon 
detector, a methanol detector and a formaldehyde detector; either a 
heated or a non-heated continuous hydrocarbon detector may be used with 
natural gas-fueled

[[Page 199]]

and liquefied petroleum gas-fueled diesel engines; gasoline-fueled, 
natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled 
Otto-cycle engines are not tested for particulate emissions 
(Sec. 86.1309). Necessary equipment and specifications appear in 
Secs. 86.1308, 86.1309, 86.1310 and 86.1311.
    (b) Fuel, analytical gas, and engine cycle specifications. Fuel 
specifications for exhaust emission testing are specified in 
Sec. 86.1313. Analytical gases are specified in Sec. 86.1314. The EPA 
heavy-duty transient engines cycles for use in exhaust testing are 
described in Sec. 86.1333 and specified in appendix I to this part.

[54 FR 14572, Apr. 11, 1989, as amended at 59 FR 48525, Sept. 21, 1994]



Sec. 86.1306-96  Equipment required and specifications; overview.

    (a) Exhaust emission tests. All engines subject to this subpart are 
tested for exhaust emissions. Petroleum-, natural gas-, liquefied 
petroleum gas-, and methanol-fueled Otto-cycle and diesel engines are 
tested identically with two exceptions. First, the systems used to 
measure hydrocarbon, nitrogen oxide, methanol, formaldehyde and 
particulate depend on the type of engine being tested; petroleum-fueled 
diesel engines require a heated, continuous hydrocarbon detector and a 
heated, continuous nitrogen oxide detector (see Sec. 86.1310); methanol-
fueled engines require a heated hydrocarbon detector, a methanol 
detector and a formaldehyde detector; either a heated or non-heated 
continuous hydrocarbon detector may be used with natural gas-fueled and 
liquefied petroleum gas-fueled diesel engines; gasoline-fueled, natural 
gas- fueled, liquefied petroleum gas-fueled and methanol-fueled Otto-
cycle engines are not tested for particulate emissions (see 
Sec. 86.1309). Second, if a gasoline-fueled and methanol-fueled engine 
is to be used in a vehicle equipped with an evaporative canister, the 
test engine must have a loaded evaporative canister attached for the 
exhaust emission test. Necessary equipment and specifications appear in 
Secs. 86.1308, 86.1309, 86.1310 and 86.1311.
    (b) Fuel, analytical gas, and engine cycle specifications. Fuel 
specifications for exhaust emission testing are specified in 
Sec. 86.1313. Analytical gases are specified in Sec. 86.1314. The EPA 
heavy-duty transient engine cycles for use in exhaust testing are 
described in Sec. 86.1333 and specified in appendix I to this part.

[58 FR 16064, Mar. 24, 1993, as amended at 59 FR 48525, Sept. 21, 1994]



Sec. 86.1308-84  Dynamometer and engine equipment specifications.

    (a) Engine dynamometer. The engine dynamometer system must be 
capable of controlling engine torque and rpm simultaneously over 
transient cycles. The transient torque and rpm schedules described in 
Sec. 86.1333-84 and specified in appendix I ((f)(i), (2), and (3)) must 
be followed within the accuracy requirements specified in Sec. 86.1341-
84. In addition to these general requirements, the engine or dynamometer 
readout signals for speed and torque shall meet the following accuracy 
specifications:
    (1) Engine speed readout shall be accurate to within 
[plusmn]2 percent of the absolute standard value, as defined 
in paragraph (d) of this section.
    (2) Engine flywheel torque readout shall be accurate to either 
within [plusmn]3 percent of the NBS ``true'' value torque (as 
defined in paragraph (e) of this section), or the following accuracies:
    (i) [plusmn]2.5 ft-lbs. of the NBS ``true'' value if the 
full scale value is 550 ft-lbs. or less.
    (ii) [plusmn]5 ft-lbs. of the NBS ``true'' value if the 
full scale value is 1050 ft-lbs. or less.
    (iii) [plusmn]10 ft.-lbs., of the NBS ``true'' value if the full 
scale value is greater than 1050 ft.-lbs.
    (3) Option: Internal dynamometer signals (i.e., armature current, 
etc.) may be used for torque measurement provided that it can be shown 
that the engine flywheel torque during the test cycle conforms to the 
accuracy specifications in paragraph (a) of this section. Such a 
measurement system must include compensation for increased or decreased 
flywheel torque due to the armature inertia during accelerations and 
decelerations in the test cycle.
    (b) Cycle verification equipment. In order to verify that the test 
engine has followed the test cycle correctly, the dynamometer or engine 
readout signals for speed and torque must be collected

[[Page 200]]

in a manner that allows a statistical correlation between the actual 
engine performance and the test cycle (See Sec. 86.1341-84). Normally 
this collection process would involve conversion of analog dynamometer 
or engine signals into digital values for storage in a computer. The 
conversion of dynamometer or engine values (computer or other) that are 
used to evaluate the validity of engine performance in relation to the 
test cycle shall be performed in a manner such that:
    (1) Speed values used for cycle evaluation are accurate to within 2 
percent of the dynamometer or engine flywheel torque readout value.
    (2) Engine flywheel torque values used for cycle evaluation are 
accurate to within 2 percent of the dynamometer or engine flywheel 
torque readout value.
    (c) Option: For some systems it may be more convenient to combine 
the tolerances in paragraphs (a) and (b) of this section. This is 
permitted if the root mean square method (RMS) is used. The RMS values 
would then refer to accuracy in relationship to absolute standard or to 
NBS ``true'' values.
    (1) Speed values used for cycle evaluation shall be accurate to 
within [plusmn]2.8 percent of the absolute standard values, 
as defined in paragraph (d) of this section.
    (2) Engine flywheel torque values used for cycle evaluation shall be 
accurate to within [plusmn]3.6 percent of NBS ``true'' 
values, as determined in paragraph (e) of this section.
    (d) Speed calibration equipment. A 60-tooth (or greater) wheel in 
combination with a common mode rejection frequency counter is considered 
an absolute standard for engine or dynamometer speed.
    (e) Torque calibration equipment. Two techniques are allowed for 
torque calibration. Alternate techniques may be used if shown to yield 
equivalent accuracies. The NBS ``true'' value torque is defined as the 
torque calculated by taking the product of an NBS traceable weight or 
force and a sufficiently accurate horizontal lever arm distance, 
corrected for the hanging torque of the lever arm.
    (1) The lever-arm dead-weight technique involves the placement of 
known weights at a known horizontal distance from the center of rotation 
of the torque measuring device. The equipment required is:
    (i) Calibration weights. A minimum of six calibration weights for 
each range of torque measuring device used are required. The weights 
must be approximately equally spaced and each must be traceable to NBS 
weights. Laboratories located in foreign countries may certify 
calibration weights to local government bureau standards. Certification 
of weight by state government Bureau of Weights and Measures is 
acceptable. Effects of changes in gravitational constant at the test 
site may be accounted for if desired.
    (ii) Lever arm. A lever arm with a minimum length of 24 inches is 
required. The horizontal distance from the centerline of the engine 
torque measurement device to the point of weight application shall be 
accurate to within [plusmn]0.10 inches. The arm must be 
balanced, or the hanging torque of the arm must be known to within 
[plusmn]0.1 ft-lbs.
    (2) The transfer technique involves the calibration of a master load 
cell (i.e., dynamometer case load cell). This calibration can be done 
with known calibration weights at known horizontal distances, or by 
using a hydraulically actuated precalibrated master load cell. This 
calibration is then transferred to the flywheel torque measuring device. 
The technique involves the following steps:
    (i) A master load cell shall be either precalibrated or be 
calibrated per paragraph (e)(1)(i) of this section with known weights 
traceable to NBS, and used with the lever arm(s) specified in paragraph 
(e)(2)(ii) of this section. The dynamometer should be either running or 
vibrated during this calibration to minimize static hysteresis.
    (ii) A lever arm(s) with a minimum length of 24 inches is (are) 
required. The horizontal distances from the centerline of the master 
load cell, to the centerline of the dynamometer, and to the point of 
weight or force application shall be accurate to within 
[plusmn]0.10 inches. The arm(s) must be balanced or the net 
hanging torque of the arm(s) must be known to within 
[plusmn]0.1 ft.-lbs.

[[Page 201]]

    (iii) Transfer of calibration from the case or master load cell to 
the flywheel torque measuring device shall be performed with the 
dynamometer operating at a constant speed. The flywheel torque 
measurement device readout shall be calibrated to the master load cell 
torque readout at a minimum of six loads approximately equally spaced 
across the full useful ranges of both measurement devices. (Note that 
good engineering practice requires that both devices have approximately 
equal useful ranges of torque measurement.) The transfer calibration 
shall be performed in a manner such that the accuracy requirements of 
paragraph (a)(2) of this section for the flywheel torque measurement 
device readout be met or exceeded.
    (3) Other techniques may be used if shown to yield equivalent 
accuracy.
    (f) Diesel engines only. If direct measurement of mass fuel 
consumption is chosen as an option in lieu of dilute exhaust CO2 
measurement, the fuel measurement device shall be accurate to within 
[plusmn]2 percent of actual mass fuel flow.

[48 FR 52210, Nov. 16, 1983, as amended at 49 FR 48142, Dec. 10, 1984; 
52 FR 47870, Dec. 16, 1987]



Sec. 86.1309-90  Exhaust gas sampling system; Otto-cycle and non-petroleum-fueled engines.

    (a)(1) General. The exhaust gas sampling system described in this 
paragraph is designed to measure the true mass of gaseous emissions in 
the exhaust of either gasoline-fueled, natural gas-fueled, liquefied 
petroleum gas-fueled or methanol-fueled engines. In the CVS concept of 
measuring mass emissions, two conditions must be satisfied; the total 
volume of the mixture of exhaust and dilution air must be measured, and 
a continuously proportioned volume of sample must be collected for 
analysis. Mass emissions are determined from the sample concentration 
and total flow over the test period.
    (2) Engine exhaust to CVS duct. For methanol-fueled engines, 
reactions of the exhaust gases in the exhaust duct connected to the 
dilution tunnel (for the purposes of this paragraph, the exhaust duct 
excludes the length of pipe representative of the vehicle exhaust pipe) 
shall be minimized. This may be accomplished by:
    (i) Using a duct of unrestricted length maintained at a temperature 
below 599 [deg]F (315 [deg]C). (Cooling capabilities as required); or
    (ii) Using a smooth wall duct less than five feet long with no 
required heating (a maximum of two short flexible connectors are allowed 
under this option); or
    (iii) Omitting the duct and performing the exhaust gas dilution 
function at the engine exhaust manifold, immediately after exhaust 
aftertreatment systems, or after a length of pipe representative of the 
vehicle exhaust pipe; or
    (iv) Partial dilution of the exhaust gas prior to entering the 
dilution tunnel, which lowers the duct temperature below 599 [deg]F (315 
[deg]C).
    (3) Positive displacement pump. The Positive Displacement Pump 
Constant Volume Sampler (PDP-CVS), Figure N90-1 satisfies the first 
condition by metering at a constant temperature and pressure through the 
pump. The total volume is measured by counting the revolutions made by 
the calibrated positive displacement pump. The proportional samples for 
the bag sample, the methanol sample (Figure N90-2), and the formaldehyde 
sample (Figure N90-3), as applicable are achieved by sampling at a 
constant flow rate. For methanol-fueled engines, the sample lines for 
the methanol and formaldehyde samples are heated to prevent 
condensation. (Note: For 1990 through 1994 model year methanol-fueled 
engines, methanol and formaldehyde sampling may be omitted provided the 
bag sample (hydrocarbons and methanol) is analyzed using a HFID 
calibrated with methanol.)

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    (4) Critical flow venturi. The operation of the Critical Flow 
Venturi Constant Volume Sampler (CFV-CVS), Figure N90-4 is based upon 
the principles of fluid dynamics associated with critical flow. The CFV 
system is commonly called a constant volume system (CVS) even though the 
flow varies. It would

[[Page 205]]

be more proper to call the critical flow venturi (CFV) system a constant 
proportion sampling system since proportional sampling throughout 
temperature excursions is maintained by use of a small CFVs in the 
sample lines. For engines requiring measurement of methanol and/or 
formaldehyde, one line supplies sample for the bag sample, another line 
supplies sample for the methanol sample, and a third line supplies 
sample for the formaldehyde sample. The lines for the methanol and 
formaldehyde samples are heated to prevent condensation with care being 
taken to ensure that the CFVs of the sample probes are not heated. 
(Note: For 1990 through 1994 model year methanol-fueled engines, 
methanol and formaldehyde sampling may be omitted provided the bag 
sample (hydrocarbons and methanol) is analyzed using a HFID calibrated 
with methanol. The variable mixture flow rate is maintained at choked 
flow, which is inversely proportional to the square root of the gas 
temperature, and is computed continuously. Since the pressure and 
temperature are the same at all venturi inlets, the sample volume is 
proportional to the total volume.)

[[Page 206]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.190

    (5) Electronic Flow Control. The Electronic Flow Control Critical 
Flow Venturi Constant Volume Sampler (EFC-CFV-CVS) is identical to the 
CFV-CVS system, except that it uses electronic mass flow meters to 
maintain proportional sampling for methanol and

[[Page 207]]

formaldehyde. The flow rate of the exhaust plus dilution air and the 
sample flow rate are measured electronically. Proportionality is 
maintained by electronically controlled metering valves in the methanol 
and formaldehyde sample lines. Control of the valves is based on the 
electronic response of the flow meters. It is recommended that total 
flow sample volumes be measured by separate flow meters. For methanol-
fueled engines, one line supplies sample for the bag sample, another 
line supplies sample for the methanol sample, and a third line supplies 
sample for the formaldehyde sample. The sample lines for methanol and 
for formaldehyde may both draw samples from a single static probe. The 
lines for the methanol and formaldehyde samples are heated to prevent 
condensation.
    (6) Other systems. Other sampling and/or analytical systems 
including the systems described in Sec. 86.1310 for petroleum-fueled 
diesel engines may be used if shown to yield equivalent results, and if 
approved in advance by the Administrator.
    (7) Since various configurations can produce equivalent results, 
exact conformance with these drawings is not required. Additional 
components such as instruments, valves, solenoids, pumps and switches 
may be used to provide additional information and coordinate the 
functions of the component systems. Other components such as snubbers, 
which are not needed to maintain accuracy on some systems, may be 
excluded if their exclusion is based upon good engineering judgment.
    (b) Component description, PDP-CVS. The PDP-CVS, Figure N90-1, 
consists of a dilution air filter and mixing assembly, heat exchanger, 
positive displacement pump, sampling systems (see Figure N90-2 for 
methanol sampling system and Figure N90-3 for formaldehyde sampling 
system) including sampling lines which are heated to prevent 
condensation in the case of the methanol-fueled engine, and associated 
valves, pressure and temperature sensors. The temperature of the sample 
lines shall be more than 5 [deg]F (3 [deg]C) above the maximum dew point 
of the mixture and less than 250 [deg]F (121 [deg]C). (It is recommended 
the they be maintained at 235[plusmn] 15 [deg]F (113 [plusmn]8 [deg]C)). 
Heating of the sample lines may be omitted, provided the methanol and 
formaldehyde sample collection systems are close coupled to the probes 
thereby preventing loss of sample due to cooling and resulting 
condensation in the sample lines. The PDP-CVS shall conform to the 
following requirements:
    (1) Exhaust system backpressure must not be artificially lowered by 
the CVS or dilution air inlet system. Measurements to verify this should 
be made in the raw exhaust immediately upstream of the inlet to the CVS. 
(For diesel engines, this measurement should be made immediately 
upstream of the backpressure set device.) This verification requires the 
continuous measurement and comparison of raw exhaust static pressure 
observed during a transient cycle, both with and without the operating 
CVS. Static pressure measured with the operating CVS system shall remain 
within [plusmn]5 inches of water (1.2 kPa) of the static pressure 
measured without connection to the CVS, at identical moments in the test 
cycle. (Sampling systems capable of maintaining the static pressure to 
within [plusmn]1 inch of water (0.25 kPa) will be used by the 
Administrator if a written request substantiates the need for this 
closer tolerance.) This requirement is essentially a design 
specification for the CVS/dilution air inlet system, and should be 
performed as often as good engineering practice dictates (e.g., after 
installation of an uncharacterized CVS, addition of an unknown inlet 
restriction on the dilution air, etc.).
    (2) The gas mixture temperature, measured at a point immediately 
ahead of the positive displacement pump and after the heat exchanger, 
shall be maintained within [plusmn]10 [deg]F ([plusmn]5.6 [deg]C) of the 
average operating temperature observed during the test. (The average 
operating temperature may be estimated from the average operating 
temperature from similar tests.) The temperature measuring system 
(sensors and readout) shall have an accuracy and precision of 
[plusmn]3.4 [deg]F (1.9 [deg]C).
    (3) The pressure gauges shall have an accuracy and precision of 
[plusmn]3 mm Hg (0.4 kPa).
    (4) The flow capacity of the CVS shall be large enough to eliminate 
water

[[Page 208]]

condensation in the system. This is especially critical for methanol-
fueled engines and may also be of concern with natural gas- and 
liquefied petroleum gas-fueled engines; see ``Calculation of Emissions 
and Fuel Economy When Using Alternative Fuels,'' EPA 460/3-83-009. 
Dehumidifying the dilution air before entering the CVS is allowed. 
Heating is also allowed, provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
250 [deg]F, or 125 [deg]F if particulate emissions are measured;
    (ii) Calculation of the CVS flow rate necessary to prevent water 
condensation is based on the lowest temperature encountered in the CVS 
prior to sampling. (It is recommended that the CVS system be insulated 
when heated dilution air is used.);
    (iii) The dilution ratio is sufficiently high to prevent 
condensation in bag samples as they cool to room temperature.
    (5) Sample collection bags for dilution air and exhaust samples 
shall be of sufficient size so as not to impede sample flow. A single 
dilution air sample, covering the total test period, may be collected 
for the determination of methanol and formaldehyde background (where 
applicable).
    (6) The methanol sample collection system and the formaldehyde 
sample collection system shall each be of sufficient capacity so as to 
collect samples of adequate size for analysis without significant impact 
on the volume of dilute exhaust passing through the PDP. The systems 
shall also comply with the following requirements that apply to the 
design of the systems, not to individual tests:
    (i) The methanol system shall be designed such that, if a test 
engine emitted the maximum allowable level of methanol (based on all 
applicable standards) during the first phase of the test, the measured 
concentration in the primary impinger would exceed either 25 mg/l or a 
concentration equal to 25 times the limit of detection for the GC 
analyzer.
    (ii) The formaldehyde system shall be designed such that, if a test 
engine emitted formaldehyde at a rate equal to twenty percent of the 
maximum allowable level of THCE (i.e., 0.2 g/Bhp-hr for a 1.1 g/Bhp-hr 
THCE standard), or the maximum formaldehyde level allowed by a specific 
formaldehyde standard, whichever is less, during the first phase of the 
test, the concentration of formaldehyde in the DNPH solution of the 
primary impinger, or solution resulting from the extraction of the DNPH 
cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 
times the limit of detection for the HPLC analyzer.
    (iii) The methanol and formaldehyde systems shall be designed such 
that the primary impinger collects at least 90 percent of the analyte in 
the samples. The remaining analyte shall be collected by the secondary 
impinger. Sampling systems shall be identical for all phases.
    (c) Component description, CFV. The CFV sample system, Figure N90-4, 
consists of a dilution air filter (optional) and mixing assembly, 
cyclone particulate separator (optional), unheated sampling venturies 
for the bag, methanol and formaldehyde samples, as applicable, heated 
sample lines to prevent condensation in the case of the methanol-fueled 
engine, critical flow venturi, and associated valves, pressure and 
temperature sensors. The temperature of the sample lines shall be more 
than 5 [deg]F (3 [deg]C) above the maximum dew point of the mixture and 
less than 250 [deg]F (121 [deg]C). (It is recommended the they be 
maintained at 235 [plusmn]15 [deg]F (113 [plusmn] 8 [deg]C)). Heating of 
the sample lines may be omitted, provided the methanol and formaldehyde 
sample collection systems are close coupled to the probes thereby 
preventing loss of sample due to cooling and resulting condensation in 
the sample lines. The CFV sample system shall conform to the following 
requirements:
    (1) Static pressure variations in the raw exhaust shall conform to 
the specifications detailed in paragraph (b)(1) of this section.
    (2) The temperature measuring system (sensors and readout) shall 
have an accuracy and precision of [plusmn]3.4 [deg]F ([plusmn]1.9 
[deg]C). The temperature measuring system used in a CVS without a heat 
exchanger shall have a response time of 1.50 seconds to 62.5 percent of 
a temperature change (as measured in hot silicone oil). There is no 
response time

[[Page 209]]

requirement for a CVS equipped with a heat exchanger.
    (3) The pressure measuring system (sensors and readout) shall have 
an accuracy and precision of [plusmn]3 mm Hg (0.4 kPa).
    (4) The flow capacity of the CVS shall be large enough to eliminate 
water condensation in the system. This is especially critical for 
methanol-fueled engines and may also be of concern with natural gas- and 
liquefied petroleum gas-fueled engines; see ``Calculation of Emissions 
and Fuel Economy When Using Alternative Fuels,'' EPA 460/3-83-009. 
Dehumidifying the dilution air before entering the CVS is allowed. 
Heating is also allowed, provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
250 [deg]F, or 125 [deg]F if particulate emissions are measured.
    (ii) Calculation of the CVS flow rate necessary to prevent water 
condensation is based on the lowest temperature encountered in the CVS 
prior to sampling. (It is recommended that the CVS system be insulated 
when heated dilution air is used.)
    (iii) The dilution ratio is sufficiently high to prevent 
condensation in bag samples as they cool to room temperature.
    (5) Sample collection bags for dilution air and exhaust samples 
shall be of sufficient size so as not to impede sample flow. A single 
dilution air sample, covering the total test period, may be collected 
for the determination of methanol and formaldehyde background (where 
applicable).
    (6) The methanol sample collection system and the formaldehyde 
sample collection system shall each be of sufficient capacity so as to 
collect samples of adequate size for analysis without significant impact 
on the volume of dilute exhaust passing through the CFV. The systems 
shall also comply with the following requirements that apply to the 
design of the systems, not to individual tests:
    (i) The methanol system shall be designed such that, if a test 
engine emitted the maximum allowable level of methanol (based on all 
applicable standards) during the first phase of the test, the measured 
concentration in the primary impinger would exceed either 25 mg/l or a 
concentration equal to 25 times the limit of detection for the GC 
analyzer.
    (ii) The formaldehyde system shall be designed such that, if a test 
engine emitted formaldehyde at a rate equal to twenty percent of the 
maximum allowable level of THCE (i.e., 0.2 g/Bhp-hr for a 1.1 g/Bhp-hr 
THCE standard), or the maximum formaldehyde level allowed by a specific 
formaldehyde standard, whichever is less, during the first phase of the 
test, the concentration of formaldehyde in the DNPH solution of the 
primary impinger, or solution resulting from the extraction of the DNPH 
cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 
times the limit of detection for the HPLC analyzer.
    (iii) The methanol and formaldehyde systems shall be designed such 
that the primary impinger collects at least 90 percent of the analyte in 
the samples. The remaining analyte shall be collected by the secondary 
impinger. Sampling systems shall be identical for all phases of the 
test.
    (d) Component description, EFC-CFV. The EFC-CFV sample system, is 
identical to the CFV system described in paragraph (c) of this section, 
with the addition of electronic flow controllers, metering valves, 
separate flow meters to totalize sample flow volumes (optional), for 
methanol and formaldehyde samples. Both samples may be drawn from a 
single static probe. The EFC sample system shall conform to the 
following requirements:
    (1) All of the requirements of paragraph (c) of this section.
    (2) The ratio of sample flow to CVS flow must not vary by more 
[plusmn]5 percent from the setpoint of the test.
    (3) The sample flow totalizers shall meet the accuracy 
specifications of Sec. 86.1320. Total sample flow volumes may be 
obtained from the flow controllers, with advance approval of the 
Administrator, provided that they can be shown to meet the accuracy 
specifications of Sec. 86.1320.

[54 FR 14572, Apr. 11, 1989, as amended at 59 FR 48525, Sept. 21, 1994; 
60 FR 34364, June 30, 1995; 66 FR 5169, Jan. 18, 2001]

[[Page 210]]



Sec. 86.1310-90  Exhaust gas sampling and analytical system; diesel engines.

    (a) General. The exhaust gas sampling system described in this 
paragraph is designed to measure the true mass of both gaseous and 
particulate emissions in the exhaust of petroleum-fueled, natural gas-
fueled, liquefied petroleum gas-fueled and methanol-fueled heavy-duty 
diesel engines. This system utilizes the CVS concept (described in 
Sec. 86.1309) of measuring the combined mass emissions of HC, 
CH3OH and HCHO from methanol-fueled engines and CO, 
CO2 and particulate from all fuel types. A continuously 
integrated system is required for THC (petroleum-fueled, natural gas-
fueled, and liquefied petroleum gas-fueled engines) and NOX 
(all engines) measurement, and is allowed for all CO and CO2 
measurements plus the combined emissions of CH3OH, HCHO, and 
HC from methanol-fueled engines. Where applicable, separate sampling 
systems are required for methanol and for formaldehyde. The mass of 
gaseous emissions is determined from the sample concentration and total 
flow over the test period. The mass of particulate emissions is 
determined from a proportional mass sample collected on a filter and 
from the sample flow and total flow over the test period. As an option, 
the measurement of total fuel mass consumed over a cycle may be 
substituted for the exhaust measurement of CO2. General 
requirements are as follows:
    (1) This sampling system requires the use of a PDP-CVS and a heat 
exchanger, a CFV-CVS (or an EFC-CFV-CVS) with either a heat exchanger or 
electronic flow compensation. Figure N90-5 is a schematic drawing of the 
PDP system. Figure N90-6 is a schematic drawing of the CFV-CVS system.

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[[Page 212]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.192

    (2) The HC analytical system for petroleum-fueled diesel engines 
requires a heated flame ionization detector (HFID) and heated sample 
system (375 [plusmn]20 [deg]F (191 [plusmn]11 [deg]C)). For natural gas-
fueled and liquefied petroleum gas-fueled diesel engines either a heated 
flame ionization detector and heated sample system as required for 
petroleum fuel or a non-heated flame ionization detector may be used.
    (3) Methanol-fueled engines require the use of a heated flame 
ionization detector (HFID) (235[deg][plusmn]15 [deg]F (113[deg][plusmn]8 
[deg]C)) for hydrocarbon analysis. With a heated FID, the hydrocarbon 
analysis can be made on the bag sample and the methanol and formaldehyde 
analyses are

[[Page 213]]

performed on the samples collected for these purposes (Figures N90-2 and 
N90-3).
    Note: For 1990 through 1994 model year methanol-fueled engines, 
methanol and formaldehyde sampling may be omitted provided the 
hydrocarbon plus methanol analyses are performed using a FID calibrated 
on methanol.
    (4) For methanol-fueled engines, cooling or reaction of the exhaust 
gases in the exhaust duct connected to the dilution tunnel (for the 
purposes of this paragraph, the exhaust duct excludes the length of pipe 
representative of the vehicle exhaust pipe) shall be minimized. This may 
be accomplished by:
    (i) Using a duct of unrestricted length maintained at a temperature 
below 599 [deg]F (315 [deg]C). (Heating and possibly cooling 
capabilities as required); or
    (ii) Using a smooth wall duct less than five feet long with no 
required heating (a maximum of two short flexible connectors are allowed 
under this option); or
    (iii) Omitting the duct and performing the exhaust gas dilution 
function at the engine exhaust manifold or immediately after exhaust 
aftertreatment systems, or after a length of pipe representative of the 
vehicle exhaust pipe; or
    (iv) Partial dilution of the exhaust gas prior to entering the 
dilution tunnel, which lowers the duct temperature below 599 [deg]F (315 
[deg]C).
    (5) Heated sample lines are required for the methanol and 
formaldehyde samples (care must be taken to prevent heating of the 
sample probes unless compensation for varying flow rate is made). The 
sample collection lines shall be heated to a temperature more than 5 
[deg]F (3 [deg]C) above the maximum dew point of the mixture, but below 
250 [deg]F (121 [deg]C).
    (6) The CO and CO2 analytical system requires:
    (i) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) 
capabilities, as shown in Figure N90-5 (or Figure N90-6), or
    (ii) Continuously integrated measurement of diluted CO and 
CO2 meeting the minimum requirements and technical 
specifications contained in paragraph (b)(5) of this section. Unless 
compensation for varying flow is made, a constant flow system must be 
used to ensure a representative sample.
    (7) The NOX analytical system requires a continuously 
integrated measurement of diluted NOX meeting the minimum 
requirements and technical specifications contained in paragraph (b)(5) 
of this section. Unless compensation for varying flow is made, a 
constant flow system must be used to ensure a representative sample.
    (8) The mass of particulate in the exhaust is determined via 
filtration. The particulate sampling system requires dilution of the 
exhaust in either one or two steps to a temperature never greater than 
125 [deg]F (51.7 [deg]C) at the primary sample filter. A backup filter 
provides a confirmation of sufficient filtering efficiency.
    (9) Since various configurations can produce equivalent results, 
exact conformance with these drawings is not required. Additional 
components such as instruments, valves, solenoids, pumps, and switches 
may be used to provide additional information and coordinate the 
functions of the component systems. Other components, such as snubbers, 
which are not needed to maintain accuracy on some systems, may be 
excluded if their exclusion is based upon good engineering judgment.
    (10) Other sampling and/or analytical systems may be used if shown 
to yield equivalent results and if approved in advance by the 
Administrator.
    (b) Component description. The components necessary for exhaust 
sampling shall meet the following requirements:
    (1) Exhaust dilution system. The PDP-CVS shall conform to all of the 
requirements listed for the exhaust gas PDP-CVS in Sec. 86.1309(b). The 
CFV-CVS shall conform to all of the requirements listed for the exhaust 
gas CFV-CVS in Sec. 86.1309(c). The EFC-CFV-CVS shall conform to all of 
the requirements listed for the exhaust gas EFC-CVS in Sec. 86.1309(d). 
In addition, the CFV-CVS and EFC-CFV-CVS must conform to the following 
requirements:
    (i) The flow capacity of the CVS must be sufficient to maintain the 
diluted exhaust stream at or below the temperatures required for the 
measurement of particulate and hydrocarbon emission noted below and at, 
or above, the temperatures where condensation

[[Page 214]]

of water in the exhaust gases could occur. This may be achieved by 
either of the following two methods:
    (A) Single-dilution method. The flow capacity of the CVS must be 
sufficient to maintain the diluted exhaust stream at a temperature of 
125 [deg]F (51.7 [deg]C) or less, at the sampling zone in the primary 
dilution tunnel and as required to prevent condensation at any point in 
the dilution tunnel. Direct sampling of the particulate material may 
then take place (Figure N90-5).
    (B) Double-dilution method. The flow capacity of the CVS must be 
sufficient to maintain the diluted exhaust stream in the primary 
dilution tunnel at a temperature of 375 [deg]F (191 [deg]C) (250 [deg]F 
(121 [deg]C) for methanol fueled engines) or less at the sampling zone 
and as required to prevent condensation at any point in the dilution 
tunnel. Gaseous emission samples may be taken directly from this 
sampling point. An exhaust sample must then be taken at this point to be 
diluted a second time for use in determining particulate emissions. The 
secondary dilution system must provide sufficient secondary dilution air 
to maintain the double-diluted exhaust stream at a temperature of 125 
[deg]F (51.7 [deg]C) or less immediately before the primary particulate 
filter in the secondary dilution tunnel.
    (ii) For the CFV-CVS or EFC-CFV-CVS, either a heat exchanger or 
electronic flow compensation (which also includes the particulate sample 
flows) is required (see Figure N90-6).
    (iii) For the CFV-CVS or EFC-CFV-CVS when a heat exchanger is used, 
the gas mixture temperature, measured at a point immediately ahead of 
the critical flow venturi, shall be within [plusmn]20 [deg]F ([plusmn]11 
[deg]C) of the average operating temperature observed during the test 
with the simultaneous requirement that condensation does not occur. The 
temperature measuring system(sensors and readout) shall have an accuracy 
and precision of [plusmn]3.4 [deg]F (1.9 [deg]C). For systems utilizing 
a flow compensator to maintain proportional sampling, the requirement 
for maintaining constant temperature is not necessary.
    (iv) The primary dilution air and secondary dilution air (if 
applicable):
    (A) Shall have a temperature of 77[deg][plusmn]9 [deg]F 
(25[deg][plusmn]5 [deg]C). For the first l0 seconds this specification 
is 77[deg][plusmn]20 [deg]F (25[deg][plusmn]11 [deg]C).
    (B) May be filtered at the dilution air inlet.
    (C) Primary dilution air may be sampled to determine background 
particulate levels, which can then be subtracted from the values 
measured in the diluted exhaust stream. The primary dilution air shall 
be sampled at the inlet to the primary dilution tunnel, if unfiltered, 
or downstream of any primary dilution air conditioning devices, if used.
    (2) [Reserved]
    (3) Continuous HC measurement system. (i) The continuous HC sample 
system (as shown in Figure N90-7 or N90-8) uses an ``overflow'' zero and 
span system. In this type of system, excess zero or span gas spills out 
of the probe when zero and span checks of the analyzer are made. The 
``overflow'' system may also be used to calibrate the HC analyzer per 
Sec. 86.1321(b), although this is not required.

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[GRAPHIC] [TIFF OMITTED] TR06OC93.193


[[Page 216]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.194

    (ii) No other analyzers may draw a sample from the continuous HC 
sample probe, line or system, unless a common sample pump is used for 
all analyzers and the sample line system design reflects good 
engineering practice.
    (iii) The overflow gas flow rates into the sample line shall be at 
least 105 percent of the sample system flow rate.
    (iv) The overflow gases shall enter the heated sample line as close 
as practicable to the outside surface of the CVS duct or dilution 
tunnel.
    (v) The continuous HC sampling system shall consist of a probe 
(which must raise the sample to the specified temperature) and, where 
used, a sample transfer system (which must maintain

[[Page 217]]

the specified temperature). The continuous hydrocarbon sampling system 
(exclusive of the probe) shall:
    (A) Maintain a wall temperature of 464K [plusmn] 11K (191 [deg]C 
[plusmn] 11 [deg]C) as measured at every separately controlled heated 
component (i.e., filters, heated line sections), using permanent 
thermocouples located at each of the separate components.
    (B) Have a wall temperature of 464K [plusmn] 11K (191 [deg]C 
[plusmn] 11 [deg]C) over its entire length. The temperature of the 
system shall be demonstrated by profiling the thermal characteristics of 
the system at initial installation and after any major maintenance 
performed on the system. The temperature profile of the HC sampling 
system shall be demonstrated by inserting thermocouple wires (typically 
Teflon[reg] coated for ease of insertion) into the sampling 
system assembled in-situ where possible, using good engineering 
judgement. The wire should be inserted up to the HFID inlet. Stabilize 
the sampling system heaters at normal operating temperatures. Withdraw 
the wires in increments of 5 cm to 10 cm (2 inches to 4 inches) 
including all fittings. Record the stabilized temperature at each 
position. The system temperature will be monitored during testing at the 
locations and temperature described in Sec. 86.1310-90(b)(v)(A). 
Comment: It is understood that profiling of the sample line can be done 
under flowing conditions also as required with the probe.
    (C) Maintain a gas temperature of 464K [plusmn]11K (191 [deg]C 
[plusmn]11 [deg]C) immediately before the heated filter and HFID. These 
gas temperatures will be determined by a temperature sensor located 
immediately upstream of each component.
    (vi) The continuous hydrocarbon sampling probe shall:
    (A) Be defined as the first 25.4 cm (10 in) to 76.2 cm (30 in) of 
the continuous hydrocarbon sampling system.
    (B) Have a 0.483 cm (0.19 in) minimum inside diameter.
    (C) Be installed in the primary dilution tunnel at a point where the 
dilution air and exhaust are well mixed (i.e., approximately 10 tunnel 
diameters downstream of the point where the exhaust enters the dilution 
tunnel).
    (D) Be sufficiently distant (radially) from other probes and the 
tunnel wall so as to be free from the influence of any wakes or eddies.
    (E) Increase the gas stream temperature to 464K [plusmn]11K (191 
[deg]C [plusmn]11 [deg]C) by the exit of the probe. The ability of the 
probe to accomplish this shall be demonstrated at typical sample flow 
rates using the insertion thermocouple technique at initial installation 
and after any major maintenance. Compliance with the temperature 
specification shall be demonstrated by monitoring during each test the 
temperature of either the gas stream or the wall of the sample probe at 
its terminus.
    (vii) The response time of the continuous measurement system shall 
be no greater than:
    (A) 1.5 seconds from an instantaneous step change at the port 
entrance to the analyzer to within 90 percent of the step change.
    (B) 20 seconds from an instantaneous step change at the entrance to 
the sample probe or overflow span gas port to within 90 percent of the 
step change. Analysis system response time shall be coordinated with CVS 
flow fluctuations and sampling time/test cycle offsets if necessary.
    (C) For the purpose of verification of response times, the step 
change shall be at least 60 percent of full-scale chart deflection.
    (4) Primary-dilution tunnel. (i) The primary dilution tunnel shall 
be:
    (A) Small enough in diameter to cause turbulent flow (Reynolds 
Number greater than 4000) and of sufficient length to cause complete 
mixing of the exhaust and dilution air;
    (B) At least 18 inches (46 cm) in diameter with a single-dilution 
system or at least 8 inches (20 cm) in diameter with a double-dilution 
system;
    (C) Constructed of electrically conductive material which does not 
react with the exhaust components; and
    (D) Electrically grounded.
    (ii) The temperature of the diluted exhaust stream inside of the 
primary dilution tunnel shall be sufficient to prevent water 
condensation.
    (iii) The engine exhaust shall be directed downstream at the point 
where it is introduced into the primary dilution tunnel.

[[Page 218]]

    (5) Continuously integrated NOX, CO, and CO2 
measurement systems. (i) The sample probe shall:
    (A) Be in the same plane as the continuous HC probe, but shall be 
sufficiently distant (radially) from other probes and the tunnel wall so 
as to be free from the influences of any wakes or eddies.
    (B) Heated and insulated over the entire length, to prevent water 
condensation, to a minimum temperature of 131 [deg]F (55 [deg]C). Sample 
gas temperature immediately before the first filter in the system shall 
be at least 131 [deg]F (55 [deg]C).
    (ii) The continuous NOX, CO, or CO2 sampling 
and analysis system shall conform to the specifications of 40 CFR part 
86, subpart D, with the following exceptions and revisions:
    (A) The system components required to be heated by subpart D need 
only be heated to prevent water condensation, the minimum component 
temperature shall be 131 [deg]F (55 [deg]C).
    (B) The system response defined in Sec. 86.329-79 shall be no 
greater than 20 seconds. Analysis system response time shall be 
coordinated with CVS flow fluctuations and sampling time/test cycle 
offsets, if necessary.
    (C) Alternative NOX measurement techniques outlined in 
Sec. 86.346-79 are not permitted for NOX measurement in this 
subpart.
    (D) All analytical gases shall conform to the specifications of 
Sec. 86.1314.
    (E) Any range on a linear analyzer below 155 ppm shall have and use 
a calibration curve conforming to Sec. 86.330-79.
    (F) The measurement accuracy requirements specified in Sec. 86.338-
79 are superseded by those specified in Sec. 86.1338.
    (iii) The chart deflections or voltage output of analyzers with non-
linear calibration curves shall be converted to concentration values by 
the calibration curve(s) specified in subpart D (Sec. 86.330-79) before 
flow correction (if used) and subsequent integration takes place.
    (6) Particulate sampling system. The particulate collection system 
must be configured in either of two ways. The single-dilution method 
collects a proportional sample from the primary tunnel, and then passes 
this sample through the collection filter. The double-dilution method 
collects a proportional sample from the primary tunnel, and then 
transfers this sample to a secondary dilution tunnel where the sample is 
further diluted; the double-diluted sample is then passed through the 
collection filter. Proportionality (i.e., mass flow ratio) between the 
primary tunnel flow rate and the sample flow rate must be maintained 
within [plusmn]5 percent. The requirements for these two systems are:
    (i) Single dilution method. (A) The particulate sample probe shall 
be:
    (1) Installed facing upstream at a point where the dilution air and 
exhaust air are well mixed (i.e., on the primary tunnel centerline, 
approximately 10 tunnel diameters downstream of the point where the 
exhaust enters the primary dilution tunnel).
    (2) Sufficiently distant (radially) from other sampling probes so as 
to be free from the influence of any wakes or eddies produced by the 
other probes.
    (3) 0.5 in. (1.3 cm) minimum inside diameter.
    (4) The distance from the sampling tip to the filter holder shall be 
at least 5 probe diameters for filters located inside the primary 
dilution tunnel, and not more than 40 inches (102 cm) for filters 
located outside the primary dilution tunnel.
    (5) Designed to minimize the deposition of particulate in the probe 
(i.e., bends should be as gradual as possible, protrusions (due to 
sensors, etc.) should be smooth and not sudden, etc.).
    (B) The particulate sample pump(s) shall be located sufficiently 
distant from the dilution tunnel so that the inlet gas temperature is 
maintained at a constant temperature ([plusmn]5 [deg]F ([plusmn]2.8 
[deg]C)) if flow compensation is not used.
    (C) The gas meters or flow instrumentation shall be located 
sufficiently distant from the tunnel so that the inlet gas temperature 
remains constant ([plusmn]5 [deg]F ([plusmn]2.8 [deg]C)) if flow 
compensation is not used.
    (D) Other sample flow handling and/or measurement systems may be 
used if shown to yield equivalent results and if approved in advance by 
the Administrator.
    (ii) Double-dilution method. (A) The particulate sample transfer 
tube shall be configured and installed so that:

[[Page 219]]

    (1) The inlet faces upstream in the primary dilution tunnel at a 
point where the primary dilution air and exhaust are well mixed (i.e., 
on the primary tunnel centerline, approximately 10 tunnel diameters 
downstream of the point where the exhaust enters the primary dilution 
tunnel).
    (2) The particulate sample exits on the centerline of the secondary 
tunnel and points downstream.
    (B) The particulate sample transfer tube shall be:
    (1) Sufficiently distant (radially) from other sampling probes (in 
the primary dilution tunnel) so as to be free from the influence of any 
wakes or eddies produced by the other probes.
    (2) 0.5 in (1.3 cm) minimum inside diameter.
    (3) No longer than 36 in (91 cm) from inlet plane to exit plane.
    (4) Designed to minimize the deposition of particulate during 
transfer (i.e., bends should be as gradual as possible, protrusions (due 
to sensors, etc.) should be smooth and not sudden, etc.).
    (5) Constructed of electrically conductive material which does not 
react with the exhaust components, and electrically grounded.
    (C) The secondary dilution air shall be at a temperature of 
77[deg][plusmn]9 [deg]F (25[deg][plusmn]5 [deg]C). For the first 10 
seconds this specification is 77[deg][plusmn]20 [deg]F 
(25[deg][plusmn]11 [deg]C).
    (D) The secondary-dilution tunnel shall be:
    (1) 3.0 inches (7.6 cm) minimum inside diameter.
    (2) Of sufficient length so as to provide a residence time of at 
least 0.25 seconds for the double-diluted sample.
    (3) Constructed of electrically conductive material which does not 
react with the exhaust components, and electrically grounded.
    (E) Additional dilution air must be provided so as to maintain a 
sample temperature of 125 [deg]F (51.7 [deg]C) or less immediately 
before the primary sample filter.
    (F) The primary filter holder shall be located within 12.0 in (30.5 
cm) of the exit of the secondary dilution tunnel.
    (G) Other sample flow handling and/or measurement systems may be 
used if shown to yield equivalent results and if approved in advance by 
the Administrator.
    (7) Particulate sampling filters. (i) Fluorocarbon-coated glass 
fiber filters or fluorocarbon-based (membrane) filters are required.
    (ii) Particulate filters must have a minimum diameter of 70 mm (60 
mm stain diameter). Larger diameter filters are acceptable.
    (iii) The dilute exhaust will be simultaneously sampled by a pair of 
filters (one primary and one back-up filter) during the cold-start test 
and by a second pair of filters during the hot-start test. The back-up 
filter holder shall be located no more than 4 inches (10 cm) downstream 
of the primary filter holder. The primary and back-up filters shall not 
be in contact with each other.
    (iv) It is recommended that the filter loading should be maximized 
consistent with other temperature requirements and the requirement to 
avoid moisture condensation. A filter pair loading of 1 mg is typically 
proportional to a 0.1 g/bhp-hr emission level. All particulate filters, 
reference filters, and background filters shall be handled in pairs 
during all weighing operations for emissions testing.
    (8) Methanol sampling system. The methanol sampling system, shown in 
Figure N90-2, consists of impingers (or sample collection capsules) 
containing known volumes of deionized water and sampling pump to draw 
the proportional sample through the impingers.
    (9) Formaldehyde sampling system. The formaldehyde sampling system, 
Figure N90-3, consists of sample collection impingers and sampling pump 
to draw the proportional sample through the impingers.

[54 FR 14578, Apr. 11, 1989, as amended at 59 FR 48525, Sept. 21, 1994; 
60 FR 34370, June 30, 1995; 62 FR 47124, Sept. 5, 1997]



Sec. 86.1310-2007  Exhaust gas sampling and analytical system for gaseous emissions from heavy-duty diesel-fueled engines and particulate emissions from all 
          engines.

    (a) General. The exhaust gas sampling system described in this 
paragraph is designed to measure the true mass of both gaseous and 
particulate emissions in the exhaust of heavy-duty diesel engines, and 
particulate emissions in the exhaust of all heavy-duty engines.

[[Page 220]]

(Gaseous emissions from non-petroleum-fueled diesel engines are measured 
using the system described in Sec. 86.1309.) This system utilizes the 
CVS concept (described in Sec. 86.1309) of measuring the combined mass 
emissions of THC, NOX, CH4 (if applicable) CO, 
CO2 and particulate matter. For all emission measurement 
systems described in this section, multiple or redundant systems may be 
used during a single test. Statistical averages of data from multiple 
systems may be used to calculate test results, consistent with good 
engineering judgment. Weighted averages are allowed, where appropriate 
Statistical outliers may be discarded, but all results must be reported. 
If the Administrator determines that the statistical analysis is not 
consistent with good engineering judgment, he/she may determine 
compliance from the arithmetic mean of the results. A continuously 
integrated system may be used for THC, NOX , CO and 
CO2 measurement. The use of proportional bag sampling for 
sample integration is allowed for THC, NOX, CO, and 
CO2 measurement, but requirements specific to bag sampling 
from diesel exhaust must be met for the THC and NOX emissions 
measurements. CH4 measurement for calculation of NMHC (if 
applicable) is measured using GC-FID analysis of a proportional bag 
sample. The mass of gaseous emissions is determined from the sample 
concentration and total flow over the test period. The mass of 
particulate emissions is determined from a proportional mass sample 
collected on a filter and from the sample flow and total flow over the 
test period. As an option, the measurement of total fuel mass consumed 
over a cycle may be substituted for the exhaust measurement of 
CO2. General requirements are as follows:
    (1) This sampling system requires the use of a CVS The CVS system 
may use a PDP or a CFV. PDP systems must use a heat exchanger. CFV 
systems may use either a heat exchanger or electronic flow compensation. 
When electronic flow compensation is used, the CFV may be replaced by a 
subsonic venturi (SSV) as long as the CVS concept as defined in 
Sec. 86.1309 is maintained (i.e., a constant volumetric flow-rate 
through the CVS is maintained for the duration of the test). Figure N07-
1 is a schematic drawing of the CVS system.
    (2) The THC analytical system for diesel engines requires a heated 
flame ionization detector (HFID) and heated sample system (191 [plusmn] 
11 [deg]C) using either:
    (i) Continuously integrated measurement of diluted THC meeting the 
minimum requirements and technical specifications contained in paragraph 
(b)(3) of this section. Unless compensation for varying mass flow is 
made, a constant mass flow system must be used to ensure a proportional 
sample; or
    (ii) Heated (191 [plusmn] 11 [deg]C) proportional bag sampling 
systems for hydrocarbon measurement will be allowed if the bag sampling 
system meets the performance specifications for outgassing and 
permeability as defined in paragraph (b)(2) of this section.
    (3) CH4 measurement, if applicable, shall be conducted 
using a proportional bag sampling system with subsequent analysis using 
a gas chromatograph and FID. The CH4 measurement shall be 
done in accordance with SAE Recommended Practice J1151, ``Methane 
Measurement Using Gas Chromatography'' (1994 SAE Handbook, Volume 1: 
Materials, Fuels, Emissions, and Noise, Section 13, Page 13.170), which 
is incorporated by reference pursuant to Sec. 86.1(b)(2). As an 
alternative, the manufacturer may choose one of the options set forth in 
Sec. 86.004-28(c)(8).
    (4)-(5) [Reserved]
    (6) The CO and CO2 analytical system requires:
    (i) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) 
capabilities, as shown in Figure N07-1; or
    (ii) Continuously integrated measurement of diluted CO and 
CO2 meeting the minimum requirements and technical 
specifications contained in paragraph (b)(5) of this section. Unless 
compensation for varying flow is made, a constant flow system must be 
used to ensure a proportional sample; and
    (7) The NOX analytical system requires:
    (i) Continuously integrated measurement of diluted NOX 
meeting the minimum requirements and technical specifications contained 
in paragraph (b)(5) of this section. Unless compensation

[[Page 221]]

for varying flow is made, a constant flow system must be used to ensure 
a proportional sample.
    (ii) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) 
capabilities, as shown in Figure N07-1 (or Figure 07-2) will be allowed 
provided that sample gas temperature is maintained above the sample's 
aqueous dewpoint at all times during collection and analysis.
    (8) The mass of particulate in the exhaust is determined via 
filtration. The particulate sampling system requires dilution of the 
exhaust to a temperature of 47 [deg]C [plusmn] 5 [deg]C, measured 
upstream of a single high-efficiency sample filter (as close to the 
filter as practical).
    (9) Since various configurations can produce equivalent results, 
exact conformance with these drawings is not required. Additional 
components such as instruments, valves, solenoids, pumps, and switches 
may be used to provide additional information and coordinate the 
functions of the components of the system. Other components, such as 
snubbers, which are not needed to maintain accuracy on some systems, may 
be excluded if their exclusion is based upon good engineering judgment.
    (10) Other sampling and/or analytical systems may be used if shown 
to yield equivalent results and if approved in advance by the 
Administrator (see Sec. 86.1306-07).
    (b) Component description. The components necessary for exhaust 
sampling shall meet the following requirements:
    (1) Exhaust dilution system. The CVS shall conform to all of the 
requirements listed for the exhaust gas CVS systems in Sec. 86.1309(b), 
(c), and (d). With respect to PM measurement, the intent of this 
measurement procedure is to perform the sample cooling primarily via 
dilution and mixing with air rather than via heat transfer to the 
surfaces of the sampling system. In addition the CVS must conform to the 
following requirements:
    (i) The flow capacity of the CVS must be sufficient to maintain the 
diluted exhaust stream at the temperatures required for the measurement 
of particulate and hydrocarbon emission noted below and at, or above, 
the temperatures where aqueous condensation in the exhaust gases could 
occur. This is achieved by the following method. The flow capacity of 
the CVS must be sufficient to maintain the diluted exhaust stream in the 
primary dilution tunnel at a temperature of 191 [deg]C or less at the 
sampling zone and as required to prevent condensation at any point in 
the dilution tunnel. Gaseous emission samples may be taken directly from 
this sampling point. An exhaust sample must then be taken at this point 
to be diluted a second time for use in determining particulate 
emissions. The secondary dilution system must provide sufficient 
secondary dilution air to maintain the double-diluted exhaust stream at 
a temperature of 47 C [plusmn] 5 C, measured at a point located between 
the filter face and 16 cm upstream of the filter face.
    (ii) For the CVS , either a heat exchanger (i.e. CFV-CVS) or 
electronic flow compensation (i.e. EFC-CFV-CVS), which also includes the 
particulate sample flows is required Refer to Figure N07-1.
    (iii) When a heat exchanger is used, the gas mixture temperature, 
measured at a point immediately ahead of the critical flow venturi, 
shall be within [plusmn]11 [deg]C of the average operating temperature 
observed during the test with the simultaneous requirement that aqueous 
condensation does not occur. The temperature measuring system (sensors 
and readout) shall have an accuracy and precision of [plusmn]1.9 [deg]C. 
For systems utilizing a flow compensator to maintain proportional 
sampling, the requirement for maintaining constant temperature is not 
necessary.
    (iv) The primary dilution air and secondary dilution air:
    (A) Shall have a primary and secondary dilution air temperature 
equal to or greater than 15 [deg]C.
    (B) Primary dilution air shall be filtered at the dilution air 
inlet. The manufacturer of the primary dilution air filter shall state 
that the filter design has successfully achieved a minimum particle 
removal efficiency of 98% (less than 0.02 penetration) as determined 
using ASTM test method F 1471-93 (incorporated by reference at section 
86.1). Secondary dilution air shall be filtered at the dilution air 
inlet using a high-efficiency particulate air filter (HEPA). The HEPA 
filter

[[Page 222]]

manufacturer shall state the HEPA filter design has successfully 
achieved a minimum particle removal efficiency of 99.97% (less than 
0.0003 penetration) as determined using ASTM test method F 1471-93. It 
is recommended that the primary dilution air be filtered using a HEPA 
filter. EPA intends to utilize HEPA filters to condition primary 
dilution air in its test facilities. It is acceptable to use of a 
booster blower upstream or downstream of a HEPA filter in the primary 
dilution tunnel (and upstream of the introduction of engine exhaust into 
the CVS) to compensate for the additional pressure loss associated with 
the filter. The design of any booster blower located downstream of the 
filter should minimize the introduction of additional particulate matter 
into the CVS.
    (C) Primary dilution air may be sampled to determine background 
particulate levels, which can then be subtracted from the values 
measured in the diluted exhaust stream. In the case of primary dilution 
air, the background particulate filter sample shall be taken immediately 
downstream of the dilution air filter and upstream of the engine exhaust 
flow (Figure N07-1). The provisions of paragraphs (b)(7) of this 
section, and of Sec. 86.1312-2007 also apply to the measurement of 
background particulate matter, except that the filter temperature must 
be maintained below 52 [deg]C.
    (2) Heated proportional bag sampling systems. If a heated (191 
[plusmn] 11 [deg]C) proportional bag sampling system is used for THC 
measurement, sample bags must demonstrate minimal outgassing and 
permeability by passing the following performance test:
    (i) Performance test for sample bag HC outgassing and CO2 
permeability. Bring the bag system to its operational temperature. Fill 
the heated sample bag with a nominal mixture of 1% CO2 in 
N2. Perform an initial measurement of CO2 and THC 
from the sample bag, and repeat the measurement after one hour. 
Acceptable performance criteria are <2% decrease of the initial 
CO2 reading and <1 ppmC THC.
    (ii) [Reserved]
    (3) Continuous HC measurement system. (i) The continuous HC sample 
system (as shown in Figure N07-1) uses an ``overflow'' zero and span 
system. In this type of system, excess zero or span gas spills out of 
the probe when zero and span checks of the analyzer are made. The 
``overflow'' system may also be used to calibrate the HC analyzer per 
Sec. 86.1321(b), although this is not required.
    (ii) No other analyzers may draw a sample from the continuous HC 
sample probe, line or system, unless a common sample pump is used for 
all analyzers and the sample line system design reflects good 
engineering practice.
    (iii) The overflow gas flow rates into the sample line shall be at 
least 105% of the sample system flow rate.
    (iv) The overflow gases shall enter the heated sample line as close 
as practicable to the outside surface of the CVS duct or dilution 
tunnel.
    (v) The continuous HC sampling system shall consist of a probe 
(which must raise the sample to the specified temperature) and, where 
used, a sample transfer system (which must maintain the specified 
temperature). The continuous hydrocarbon sampling system (exclusive of 
the probe) shall:
    (A) Maintain a wall temperature of 191 [deg]C [plusmn] 11 [deg]C as 
measured at every separately controlled heated component (i.e., filters, 
heated line sections), using permanent thermocouples located at each of 
the separate components.
    (B) Have a wall temperature of 191 [deg]C [plusmn] 11 [deg]C over 
its entire length. The temperature of the system shall be demonstrated 
by profiling the thermal characteristics of the system at initial 
installation and after any major maintenance performed on the system. 
The temperature profile of the HC sampling system shall be demonstrated 
by inserting thermocouple wires (typically Teflon\TM\ coated for ease of 
insertion) into the sampling system assembled in-situ where possible, 
using good engineering judgment. The wire should be inserted up to the 
HFID inlet. Stabilize the sampling system heaters at normal operating 
temperatures. Withdraw the wires in increments of 5 cm to 10 cm (2 
inches to 4 inches) including all fittings. Record the stabilized 
temperature at each position. The system temperature will be monitored 
during testing at the locations and temperature described in 
Sec. 86.1310-90(b)(3)(v)(A).


[[Page 223]]


    Note: It is understood that profiling of the sample line can be done 
under flowing conditions also as required with the probe. This test may 
be cumbersome if test facilities utilize long transfer lines and many 
fittings; therefore it is recommended that transfer lines be kept as 
short as possible and the use of fittings should be kept minimal.

    (C) Maintain a gas temperature of 191 [deg]C [plusmn]11 [deg]C 
immediately before the heated filter and HFID. These gas temperatures 
will be determined by a temperature sensor located immediately upstream 
of each component.
    (vi) The continuous hydrocarbon sampling probe shall:
    (A) Be defined as the first 25.4 cm (10 in) to 76.2 cm (30 in) of 
the continuous hydrocarbon sampling system;
    (B) Have a 0.483 cm (0.19 in) minimum inside diameter;
    (C) Be installed in the primary dilution tunnel at a point where the 
dilution air and exhaust are well mixed (i.e., approximately 10 tunnel 
diameters downstream of the point where the exhaust enters the dilution 
tunnel);
    (D) Be sufficiently distant (radially) from other probes and the 
tunnel wall so as to be free from the influence of any wakes or eddies; 
and
    (E) Increase the gas stream temperature to 191 [deg]C [plusmn] 11 
[deg]C by the exit of the probe. The ability of the probe to accomplish 
this shall be demonstrated at typical sample flow rates using the 
insertion thermocouple technique at initial installation and after any 
major maintenance. Compliance with the temperature specification shall 
be demonstrated by monitoring during each test the temperature of either 
the gas stream or the wall of the sample probe at its terminus.
    (vii) The response time of the continuous measurement system shall 
be no greater than:
    (A) 1.5 seconds from an instantaneous step change at the port 
entrance to the analyzer to within 90 percent of the step change;
    (B) 10 seconds from an instantaneous step change at the entrance to 
the sample probe or overflow span gas port to within 90 percent of the 
step change. Analysis system response time shall be coordinated with CVS 
flow fluctuations and sampling time/test cycle offsets if necessary; and
    (C) For the purpose of verification of response times, the step 
change shall be at least 60 percent of full-scale chart deflection.
    (4) Primary-dilution tunnel. (i) The primary dilution tunnel shall 
be:
    (A) Small enough in diameter to cause turbulent flow (Reynolds 
Number greater than 4000) and of sufficient length to cause complete 
mixing of the exhaust and dilution air. Good engineering judgment shall 
dictate the use of mixing plates and mixing orifices to ensure a well-
mixed sample. To verify mixing, EPA recommends flowing a tracer gas 
(i.e. propane or CO2) from the raw exhaust inlet of the 
dilution tunnel and measuring its concentration at several points along 
the axial plane at the sample probe. Tracer gas concentrations should 
remain nearly constant (i.e. within 2%) between all of these points.
    (B) At least 8 inches (20 cm) in diameter.
    (C) Constructed of electrically conductive material which does not 
react with the exhaust components.
    (D) Electrically grounded.
    (E) EPA recommends that the tunnel should have minimal thermal 
capacitance such that the temperature of the walls tracks with the 
temperature of the diluted exhaust.
    (ii) The temperature of the diluted exhaust stream inside of the 
primary dilution tunnel shall be sufficient to prevent water 
condensation.
    (iii) The engine exhaust shall be directed downstream at the point 
where it is introduced into the primary dilution tunnel.
    (5) Continuously integrated NOX, CO, and CO2 measurement 
systems. (i) The sample probe shall:
    (A) Be in the same plane as the continuous HC probe, but shall be 
sufficiently distant (radially) from other probes and the tunnel wall so 
as to be free from the influences of any wakes or eddies; and
    (B) Heated and insulated over the entire length, to prevent water 
condensation, to a minimum temperature of 131 [deg]F (55 [deg]C). Sample 
gas temperature immediately before the first filter in the system shall 
be at least 131 [deg]F (55 [deg]C).
    (ii) The continuous NOX, CO, or CO2 sampling and analysis 
system shall

[[Page 224]]

conform to the specifications of subpart D of this part, with the 
following exceptions:
    (A) The system components required to be heated by subpart D need 
only be heated to prevent water condensation, the minimum component 
temperature shall be 131 [deg]F (55 [deg]C);
    (B) The system response defined in Sec. 86.329-79 shall be no 
greater than 10 seconds. Analysis system response time shall be 
coordinated with CVS flow fluctuations and sampling time/test cycle 
offsets, if necessary;
    (C) Alternative NOX measurement techniques outlined in 
Sec. 86.346-79 are not permitted for NOX measurement in this 
subpart;
    (D) All analytical gases shall conform to the specifications of 
Sec. 86.1314;
    (E) Any range on a linear analyzer below 100 ppm shall have and use 
a calibration curve conforming to Sec. 86. 1323-07; and
    (F) The measurement accuracy requirements are specified in Sec. 86. 
1338-07 .
    (iii) The signal output of analyzers with non-linear calibration 
curves shall be converted to concentration values by the calibration 
curve(s) specified in subpart D of this part (Sec. 86.330-79) before 
flow correction (if used) and subsequent integration takes place.
    (6) Particulate sampling system. This method collects a proportional 
sample from the primary tunnel, and then transfers this sample to a 
secondary dilution tunnel where the sample is further diluted. The 
double-diluted sample is then passed through the collection filter. 
Proportionality (i.e., mass flow ratio) between the primary tunnel flow 
rate and the sample flow rate must be maintained within [plusmn]5%, 
excluding the first 10 seconds of the test at start-up. The requirements 
for this system are:
    (i) The particulate sample transfer tube shall be configured and 
installed so that:
    (A) The inlet faces upstream in the primary dilution tunnel at a 
point where the primary dilution air and exhaust are well mixed.
    (B) The particulate sample exits on the centerline of the secondary 
tunnel.
    (ii) The entire particulate sample transfer tube shall be:
    (A) Sufficiently distant (radially) from other sampling probes (in 
the primary dilution tunnel) so as to be free from the influence of any 
wakes or eddies produced by the other probes.
    (B) 0.85 cm minimum inside diameter.
    (C) No longer than 36 in (91 cm) from inlet plane to exit plane.
    (D) Designed to minimize the diffusional and thermophoretic 
deposition of particulate matter during transfer (i.e., sample residence 
time in the transfer tube should be as short as possible, temperature 
gradients between the flow stream and the transfer tube wall should be 
minimized). Double-wall, thin-wall, air-gap insulated, or a controlled 
heated construction for the transfer tube is recommended.
    (E) Constructed such that the surfaces exposed to the sample shall 
be an electrically conductive material, which does not react with the 
exhaust components, and this surface shall be electrically grounded so 
as to minimize electrostatic particulate matter deposition.
    (iii) The secondary dilution air shall be at a temperature equal to 
or greater than 15 [deg]C.
    (iv) The secondary-dilution tunnel shall be constructed such that 
the surfaces exposed to the sample shall be an electrically conductive 
material, which does not react with the exhaust components, and this 
surface shall be electrically grounded so as to minimize electrostatic 
particulate deposition.
    (v) Additional dilution air must be provided so as to maintain a 
sample temperature of 47 [deg]C [plusmn] 5 [deg]C upstream of the sample 
filter. Temperature shall be measured with a thermocouple with a \3/16\' 
shank, having thermocouple wires with a gage diameter 24 AWG or smaller, 
a bare-wire butt-welded junction; or other suitable temperature 
measurement with an equivalent or faster time constant and an accuracy 
and precision of [plusmn] 1.9 [deg]C.
    (vi) The filter holder assembly shall be located within 12.0 in 
(30.5 cm) of the exit of the secondary dilution tunnel.
    (vii) The face velocity through the sample filter shall not exceed 
100 cm/s (face velocity is defined as the standard volumetric sample 
flow rate (i.e.,

[[Page 225]]

scm3/sec) divided by the sample filter stain area (i.e., cm2)).
    (7) Particulate sampling. (i) Filter specifications. (A) 
Polytetrafluoroethylene (PTFE or Teflon\TM\) coated borosilicate glass 
fiber high-efficiency filters or polytetrafluoroethylene (PTFE or 
Teflon\TM\) high-efficiency membrane filters with an integral support 
ring of polymethylpentene (PMP) or equivalent inert material are 
required. Filters shall have a minimum clean filter efficiency of 99% as 
measured by the ASTM D2986-95a DOP test (incorporated by reference at 
Sec. 86.1).
    (B) Particulate filters must have a diameter of 46.50 [plusmn] 0.6 
mm ( 38 mm minimum stain diameter).
    (C) The dilute exhaust is simultaneously sampled by a single high-
efficiency filter during the cold-start test and by a second high 
efficiency filter during the hot-start test.
    (D) It is recommended that the filter loading should be maximized 
consistent with temperature requirements.
    (ii) Filter holder assembly. The filter holder assembly shall comply 
with the specifications set forth for ambient PM measurement in 40 CFR 
Part 50, Appendix L 7.3.5, figures L-25 and L-26, with the following 
exceptions:
    (A) The material shall be 302, 303, or 304 stainless steel instead 
of anodized aluminum.
    (B) The 2.84 cm diameter entrance to the filter holder may be 
adapted, using sound engineering judgment and leak-free construction, to 
an inside diameter no smaller than 0.85 cm, maintaining the 12.5[deg] 
angle from the inlet of the top filter holder to the area near the 
sealing surface of the top of the filter cartridge assembly. Figure N07-
2 shows acceptable variation from the design in 40 CFR Part 50, Appendix 
L. Similar variations using sound engineering design are also acceptable 
provided that they provide even flow distribution across the filter 
media and a similar leak-free seal with the filter cartridge assembly.
    (C) If additional or multiple filter cartridges are stored in a 
particulate sampler as part of an automatic sequential sampling 
capability, all such filter cartridges, unless they are installed in the 
sample flow (with or without flow established) shall be covered or 
sealed to prevent communication of semi-volatile matter from filter to 
filter; contamination of the filters before and after sampling; or loss 
of volatile or semi-volatile particulate matter after sampling.
    (iii) Filter cartridge assembly. The filter cartridge assembly shall 
comply with the specifications set forth for ambient PM measurement in 
40 CFR Part 50, Appendix L 7.3.5, figures L-27, L-28, and L-29, with the 
following exceptions:
    (A) In addition to the specified Delrin TM material, 302, 
303, or 304 stainless steel, polycarbonate or acrylonitrile/butadiene/
styrene (ABS) resin, or a combination of these materials may also be 
used.
    (B) A bevel introduced on the inside diameter of the entrance to the 
filter cartridge, as used by some commercially available automated 
sequential particulate filter cartridge changers, is also acceptable 
(see Figure N07-3).
    (iv) Particle preclassifier. A particle preclassifier shall be 
installed immediately upstream of the filter holder assembly (N07-1). 
The purpose of the preclassifier is to remove coarse, mechanically 
generated particles (e.g., rust from the engine exhaust system or carbon 
sheared from the sampling system walls) from the sample flow stream 
while allowing combustion-generated particles to pass through to the 
filter. The preclassifier may be either an inertial impactor or a 
cyclonic separator. The preclassifier manufacturer 50% cutpoint particle 
diameter shall be between 2.5 [mu]m and 10 [mu]m at the volumetric flow 
rate selected for sampling of particulate matter emissions. Sharpness of 
cut is not specifically defined, but the preclassifier geometry shall 
allow at least 99% of the mass concentration of 1 [mu]m particles to 
pass through the exit of the preclassifier to the filter at the 
volumetric flow rate selected for sampling particulate matter emissions. 
Periodic servicing of the preclassifier will be necessary to prevent a 
buildup of mechanically separated particles. The particle preclassifier 
may be made integral with the top of the filter holder assembly. The 
preclassifier may also be made integral with a mixing-tee for 
introduction of secondary dilution air, thus

[[Page 226]]

replacing the secondary dilution tunnel; provided that the preclassifier 
provides sufficient mixing.
[GRAPHIC] [TIFF OMITTED] TR18JA01.008


[[Page 227]]


[GRAPHIC] [TIFF OMITTED] TR18JA01.009


[[Page 228]]


[GRAPHIC] [TIFF OMITTED] TR18JA01.010


[[Page 229]]



[66 FR 5169, Jan. 18, 2001]



Sec. 86.1311-90  Exhaust gas analytical system; CVS bag sample.

    (a) Schematic drawings. Figure N90-9 is a schematic drawing of the 
exhaust gas analytical system used for analyzing CVS bag samples from 
either Otto-cycle or diesel engines. Since various configurations can 
produce accurate results, exact conformance with the drawing is not 
required. Additional components such as instruments, valves, solenoids, 
pumps and switches may be used to provide additional information and 
coordinate the functions of the component systems. Other components such 
as snubbers, which are not needed to maintain accuracy in some systems, 
may be excluded if their exclusion is based upon good engineering 
judgment.

[[Page 230]]



    (b) Major component description. The analytical system, Figure N90-
9, consists of a flame ionization detector (FID) (heated for methanol-
fueled (235[plusmn]15 [deg]F (113[plusmn]8 [deg]C)) and for petroleum-
fueled diesel (375 [deg][plusmn]10 [deg]F (191 [deg][plusmn]6 [deg]C) 
engines) for the measurement of hydrocarbons, nondispersive infrared 
analyzers (NDIR) for the measurement of carbon monoxide and carbon 
dioxide, and a chemiluminescence analyzer (CL) for the measurement of 
oxides of nitrogen. The analytical system for methanol consists of a gas 
chromatograph (GC), equipped with a flame ionization detector. The 
analysis for formaldehyde is performed using high pressure liquid 
chromatography (HPLC) of 2,4-

[[Page 231]]

dinitrophenylhydrazine (DNPH) derivatives using ultraviolet (UV) 
detection. The exhaust gas analytical system shall conform to the 
following requirements:
    (1) The CL requires that the nitrogen dioxide present in the sample 
be converted to nitric oxide before analysis. Other types of analyzers 
may be used if shown to yield equivalent results and if approved in 
advance by the Administrator.
    (2) The carbon monoxide (NDIR) analyzer may require a sample 
conditioning column containing CaSO4, or dessicating silica 
gel to remove water vapor, and containing ascarite to remove carbon 
dioxide from the CO analysis stream.
    (i) If CO instruments are used which are essentially free of 
CO2 and water vapor interference, the use of the conditioning 
column may be deleted. (See Secs. 86.1322 and 86.1342.)
    (ii) A CO instrument will be considered to be essentially free of 
CO2 and water vapor interference if its response to a mixture 
of 3 percent CO2 in N2, which has been bubbled 
through water at room temperature, produces an equivalent CO response, 
as measured on the most sensitive CO range, which is less than 1 percent 
of full scale CO concentration on ranges above 300 ppm full scale or 
less than 3 ppm on ranges below 300 ppm full scale. (See Sec. 86.1322.)
    (c) Alternate analytical systems. Analysis systems meeting the 
specifications of 40 CFR part 86 subpart D may be used for testing 
required under this subpart, with the exception of Secs. 86.346 and 
86.347, provided that the subpart D systems meet the specifications of 
this subpart. Heated analyzers may be used in their heated 
configuration.
    (d) Other analyzers and equipment. Other types of analyzers and 
equipment may be used if shown to yield equivalent results and if 
approved in advance by the Administrator.

[54 FR 14578, Apr. 11, 1989]



Sec. 86.1311-94  Exhaust gas analytical system; CVS bag sample.

    (a) Schematic drawings. Figure N94-1 is a schematic drawing of the 
exhaust gas analytical system used for analyzing CVS bag samples from 
either Otto-cycle or diesel engines. Since various configurations can 
produce accurate results, exact conformance with the drawing is not 
required. Additional components such as instruments, valves, solenoids, 
pumps and switches may be used to provide additional information and 
coordinate the functions of the component systems. Other components such 
as snubbers, which are not needed to maintain accuracy in some systems, 
may be excluded if their exclusion is based upon good engineering 
judgment.
    (b) Major component description. The analytical system, Figure N94-
1, consists of a flame ionization detector (FID) (heated for methanol-
fueled (235 [plusmn]15 [deg]F (113 [plusmn]8 [deg]C)) and for petroleum-
fueled diesel (375 [plusmn]10 [deg]F (191 [plusmn]6 [deg]C) engines) for 
the measurement of hydrocarbons, a methane analyzer (consisting of a gas 
chromatograph combined with a FID) for the determination of 
CH4 (for engines subject to NMHC standards, where 
applicable), nondispersive infrared analyzers (NDIR) for the measurement 
of carbon monoxide and carbon dioxide, and a chemiluminescence analyzer 
(CL) for the measurement of oxides of nitrogen. The analytical system 
for methanol consists of a gas chromatograph (GC), equipped with a flame 
ionization detector. The analysis for formaldehyde is performed using 
high pressure liquid chromatography (HPLC) of 2,4-dinitrophenylhydrazine 
(DNPH) derivatives using ultraviolet (UV) detection. The exhaust gas 
analytical system shall conform to the following requirements:
    (1) The CL requires that the nitrogen dioxide present in the sample 
be converted to nitric oxide before analysis. Other types of analyzers 
may be used if shown to yield equivalent results and if approved in 
advance by the Administrator.
    (2) The carbon monoxide (NDIR) analyzer may require a sample 
conditioning column containing CaSO4, or desiccating silica 
gel to remove water vapor, and containing ascarite to remove carbon 
dioxide from the CO analysis stream.
    (i) If CO instruments are used which are essentially free of 
CO2 and water vapor interference, the use of the conditioning 
column may be deleted (see Secs. 86.1322 and 86.1342).

[[Page 232]]

    (ii) A CO instrument will be considered to be essentially free of 
CO2 and water vapor interference if its response to a mixture 
of three percent CO2 in N2, which has been bubbled 
through water at room temperature, produces an equivalent CO response, 
as measured on the most sensitive CO range, which is less than one 
percent of full scale CO concentration on ranges above 300 ppm full 
scale or less than 3 ppm on ranges below 300 ppm full scale (see 
Sec. 86.1322).
    (3)(i) Using a methane analyzer consisting of a gas chromatograph 
combined with a FID, the measurement of methane shall be done in 
accordance with SAE Recommended Practice J1151, ``Methane Measurement 
Using Gas Chromatography.'' (Incorporated by reference pursuant to 
Sec. 86.1(b)(2).)
    (ii) For natural gas vehicles, the manufacturer has the option of 
using gas chromatography to measure NMHC through direct quantitation of 
individual hydrocarbon species. The manufacturer shall conform to 
standard industry practices and use good engineering judgement.
    (c) Alternate analytical systems. Analysis systems meeting the 
specifications of subpart D of this part may be used for testing 
required under this subpart, with the exception of Secs. 86.346 and 
86.347, provided that the systems in subpart D of this part meet the 
specifications of this subpart. Heated analyzers may be used in their 
heated configuration.
    (d) Other analyzers and equipment. Other types of analyzers and 
equipment may be used if shown to yield equivalent results and if 
approved in advance by the Administrator.

[59 FR 48525, Sept. 21, 1994, as amended at 59 FR 50073, Sept. 30, 1994; 
61 FR 127, Jan. 3, 1996; 62 FR 54730, Oct. 21, 1997]



Sec. 86.1312-88  Weighing chamber and microgram balance specifications.

    (a) Ambient conditions. (1) Temperature. The ambient temperature of 
the chamber (or room) in which the particulate filters are conditioned 
and weighed shall be maintained at 295 K [plusmn] 3 K (22 [deg]C 
[plusmn] 3 [deg]C) during all filter conditioning and weighing.
    (2) Humidity. The humidity of the chamber (or room) in which the 
particulate filters are conditioned and weighed shall be maintained at a 
dew point temperature of 282.5 K [plusmn] 3 K (9.4 [deg]C [plusmn] 3 
[deg]C) and a relative humidity of 45% [plusmn]8%. Either the dew point 
temperature or the relative humidity or both may be averaged over the 
preceding 10 minute period on a moving average basis.
    (3) The chamber (or room) environment shall be free of any ambient 
contaminates (such as dust) that would settle on the particulate filters 
during their stabilization. It is required that at least two unused 
reference filter pairs remain in the weighing room at all times in 
covered (to reduce dust contamination) but unsealed (to permit humidity 
exchange) petri dishes. These reference filter pairs shall be placed in 
the same general area as the sample filters. These reference filter 
pairs shall be weighed within 4 hours of, but preferably at the same 
time as, the sample filter pair weighings.
    (4) If the average weight of the reference filter pairs changes 
between sample filter weighings by more than 40 micrograms, then all 
sample filters and background filters in the process of stabilization 
shall be discarded and the emissions tests repeated.
    (5) If the room (or chamber) environmental conditions are not met, 
then the filters shall remain in the conditioning room for at least one 
hour after correct conditions are met prior to weighing.
    (6) The reference filter pairs shall be changed at least once a 
month, but never between clean and used weighings of a given sample 
filter pairs. More than one set of reference filter pair may be used. 
The reference filters shall be the same size and material as the sample 
filters.
    (b) Weighing balance specifications. The microgram balance used to 
determine the weights of all filters shall have a precision (standard 
deviation) of 20 micrograms and readability of 10 micrograms.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10702, Mar. 15, 1985, as amended at 52 FR 47871, Dec. 16, 1987; 
62 FR 47124, Sept. 5, 1997]

[[Page 233]]



Sec. 86.1312-2007  Filter stabilization and microbalance workstation environmental conditions, microbalance specifications, and particulate matter filter 
          handling and weighing procedures.

    (a) Ambient conditions for filter stabilization and weighing--(1) 
Temperature and humidity. (i) The filter stabilization environment shall 
be maintained at 22 [deg]C [plusmn] 3 [deg]C and a dewpoint of 9.5 
[deg]C [plusmn] 1 [deg]C. Dewpoint shall be measured with an instrument 
that exhibits an accuracy of at least [plusmn]0.25 [deg]C NIST traceable 
as stated by the instrument manufacturer. Temperature shall be measured 
with an instrument that exhibits an accuracy of at least [plusmn]0.2 
[deg]C or better.
    (ii) The immediate microbalance workstation environment shall be 
maintained at 22 [deg]C [plusmn] 1 [deg]C and a dewpoint of 9.5 [deg]C 
[plusmn] 1 [deg]C. If the microbalance workstation environment freely 
circulates with the filter stabilization environment, and this entire 
environment meets 22 [deg]C [plusmn] 1 [deg]C and a dewpoint of 9.5 
[deg]C [plusmn] 1 [deg]C , then there is no requirement to measure 
temperature and dewpoint at the microbalance separate from the filter 
stabilization location. Otherwise, temperature at the microbalance 
workstation shall be measured with an instrument that exhibits an 
accuracy of at least [plusmn]0.2 [deg]C or better, and dewpoint shall be 
measured with an instrument that exhibits an accuracy of at least 
[plusmn]0.25 [deg]C NIST traceable as stated by the instrument 
manufacturer.
    (2) Cleanliness. (i) The microbalance and filter stabilization 
environments shall be free of ambient contaminants (such as dust or 
other aerosols) that could settle on the particulate filters. It is 
recommended that these environments be built to conform with the Class 
1000 specification (or cleaner) as determined by Federal Standard 209D 
or 209E for clean room classification (Available from the Institute of 
Environmental Standards and Technology website at www.iest.org or phone 
(847) 255-1561). An alternative recommendation would be to equilibrate 
and/or weigh the filters within a separate, smaller, particle-free, 
temperature and humidity-controlled chamber (i.e., ``glove box'').
    (ii) Reference filters shall be used to monitor for gross particle 
contamination. It is required that at least two unused reference filters 
remain in the filter stabilization environment at all times in partially 
covered glass petri dishes, as in paragraph (c) (1) of this section. 
These reference filters shall be placed in the filter stabilization 
environment. The reference filters shall be weighed within 2 hours of, 
but preferably at the same time as, the sample filters. The reference 
filters shall be changed at least once a month, but never while any 
sample filters are between their tare weight (pre-sampling) and gross 
weight (post-sampling) measurements. The reference filters shall be the 
same size and material as the sample filters.
    (3) Quality control of ambient conditions. (i) If, before the start 
of a weighing session, the temperature or dewpoint of the filter 
stabilization environment are not within specifications, then filters 
must remain in the environment for at least 30 minutes after conditions 
are corrected. If the filter stabilization environment changes during a 
weighing session such that the specifications are no longer met, the 
weighing session shall be suspended until the environment has returned 
to within specifications for at least 30 minutes. Once the environment 
has returned to within specifications for at least 30 minutes, the 
reference filters shall be reweighed and the criteria in paragraph 
(a)(3)(ii) of this section shall apply. Note that temperature and 
dewpoint shall be sampled once per second, and an unweighted 5-minute 
moving average of this data shall be calculated once per second. This 
moving average shall be used to determine the environment temperature 
and dewpoint for the purpose of determining whether or not the 
environment is within specifications.
    (ii) If the average change in weight of the reference filters is 
more than 10 micrograms (after correcting for buoyancy as described in 
paragraph (c)(3) of this section), then all filters in the process of 
stabilization shall be discarded and all data collected with respect to 
the discarded filters shall be considered void. Note that more than 2 
reference filters may be used to

[[Page 234]]

achieve a more robust average of the change in weight of the reference 
filters.
    (b) Microbalance specifications. The microbalance used to determine 
the weights of all filters shall have a precision (standard deviation) 
of at least [plusmn]0.25 micrograms or better for repeated weighing of a 
calibration weight, a precision of at least [plusmn]2.5 micrograms or 
better for repeated weighing of a clean filter, and a readability equal 
to or less than 0.1 micrograms. It is recommended that the microbalance 
be installed on a vibration isolation platform to isolate the 
microbalance's load cell from external vibration. It is also recommended 
that the microbalance should be shielded from convective airflow by 
means of an electrically grounded static dissipative draft shield. 
Microbalance manufacturer specifications for all preventive maintenance, 
periodic certification, calibration, and re-zeroing shall be followed. 
All certification and calibration procedures shall be NIST traceable, or 
traceable to an equivalent national standard.
    (c) Particulate matter filter handling and weighing. Care should be 
taken to prevent contamination of the sample filters and to prevent a 
buildup of static charge on the filters that could interfere with filter 
weighing. Static neutralizers, such as Po-210 sources, shall be used to 
neutralize charge on a filter prior to each weighing. A static 
neutralizer should be replaced at the interval recommended by its 
manufacturer, or when it is no longer able to reduce static charge on a 
filter to less than [plusmn]2 VDC as measured with an electrostatic 
monitor at the microbalance workstation. The person weighing filters 
shall be grounded with respect to the microbalance to prevent imparting 
a static charge on the filters. This can be accomplished safely by using 
a grounding strap such as the wrist straps that are commonly used in the 
microelectronics industry, or by connecting a similar grounding strap to 
the tweezers. To prevent electrical shock, a 1-megohm resistor should be 
installed in series between the person weighing filters and ground.
    (1) Within the filter stabilization environment, a pair of clean and 
electrically conductive tweezers shall be used to place a filter in the 
lower half of a filter cassette and the cassette shall be placed in a 
partially open glass petri dish. The petri dish lid should extend over 
the filter to prevent gross contamination, but it should be left 
slightly open on one edge to permit stabilization with the environment 
for at least 30 minutes.
    (2) After at least 30 minutes of stabilization, each filter shall be 
weighed using the specified microbalance. The process of weighing a 
filter may be repeated and a statistical mean weight of a single filter 
may be calculated. Sound engineering judgment shall dictate the use of 
statistics to discard outliers and the weighting of averages. For a 
clean filter its single weight or statistical mean weight shall be 
considered the uncorrected tare weight of the filter.
    (3) All filter weights shall be corrected for filter buoyancy in 
air. For the uncorrected tare weight of a filter, this calculated value 
is the corrected tare weight of the filter, and it must be recorded (see 
Sec. 86.1344(e)(18)). Barometric pressure of the microbalance 
environment shall be measured with an instrument that exhibits 
[plusmn]0.01% full-scale accuracy and 0.01% per-year full scale 
stability, and the full-scale value used for such a specification shall 
not exceed 200 kPa.
    (i) Buoyancy correction calculation. (A) Calculate vapor pressure of 
liquid water using the dewpoint temperature in the Magnus formula:

Pw = 0.6113 x 10[caret] ((7.5 x Tdp)/(237.3 + 
Tdp))

Where:

Pw=vapor pressure of liquid water, kPa.
Tdp=dewpoint temperature, [deg]C.

    (B) Calculate air density using the ideal gas relationship and 
molecular weights of standard air and water:


A=(3.484xP-1.317xPw)/(T+273.15)


Where:

A=air density, kg/m\3\.
P=barometric pressure, kPa.
Pw=vapor pressure of liquid water, kPa.
T=temperature, [deg]C.

    (C) Buoyancy correction:


M=Rx(1-(A/[rho]w))/(1-(A/[rho]s)).


[[Page 235]]


Where:

M=corrected mass in units of the balance display.
R=uncorrected filter weight in units of the balance display.
A=calculated air density, kg/m\3\.
[rho]w=density of calibration weight used to calibrate the 
balance, kg/m\3\.
[rho]s=density of filter material used to sample PM 
emissions, kg/m\3\.


    (ii) For determining [rho]s note that PTFE (Teflon\TM\) 
and borosilicate glass both have densities in the range of 2,200 to 
2,400 kg/m\3\. Therefore, for PTFE-coated borosilicate glass fiber 
filters, an acceptable [rho]s is 2,300 kg/m\3\. Note also 
that polymethylpentene has a density of 850 kg/m\3\. Because Teflon PTFE 
membrane filters have an integral polymethylpentene support ring that 
accounts for 95% of the filter mass, an acceptable [rho]s for 
these filters is 920 kg/m\3\. Other [rho]s values for other 
filters may be obtained similarly. Information about ``[rho]s 
should be available from the calibration weight manufacturer.
    (iii) This paragraph (c)(3)(iii) shows an example of the buoyancy 
correction. This example assumes the following inputs: Barometric 
pressure (P)=101.325 kPa, temperature (T)=22.0 [deg]C, dewpoint 
temperature (Tdp)=9.5 [deg]C, balance display (R)=100.0000 
mg, calibration weight density ([rho]w)=8,000 kg/m\3\, and 
filter material density ([rho]s)=2,300 kg/m\3\. Then:
    (A) The water vapor pressure (Pw) is calculated as:


Pw = 0.6113 x 10 ((7.5 x 9.5)/(237.3 + 9.5)) = 1.186 kPa.

    (B) The air density (A) is calculated as:


A = (3.484 x101.325 - 1.317 x 1.186)/(22.0 + 273.15) = 1.191 kg/m\3\.

    (C) The corrected mass (M) is calculated as:


M=100.0000 x (1 - (1.191/8000))/(1 - (1.191/2300)) = 100.0369 mg.

    (4) The uncorrected weight, corrected weight, barometric pressure, 
temperature and humidity, of the filter shall be recorded. Afterward the 
filter shall be returned to the lower half of the filter cassette, and 
the upper half of the cassette shall be set in place. The cassette-with 
filter-shall then be stored in a covered glass petri dish or a sealed 
(i.e., ends plugged) filter holder assembly, either of which shall 
remain in the filter stabilization environment until needed for testing. 
It is recommended that the filter be transported between the filter 
stabilization environment and the location of the emissions test within 
a sealed filter holder assembly.
    (5) After the emissions test, the filter cassette shall be removed 
from the filter holder assembly. If this removal is performed in the 
filter stabilization environment, the upper half of the cassette shall 
be removed using a properly designed separator tool, the lower half of 
the cassette-with filter-shall be placed in a partially covered petri 
dish, and allowed to stabilize for at least 30 minutes. Otherwise, the 
cassette and filter shall be placed in a closed petri dish until it can 
be returned to the filter stabilization environment. Once the closed 
petri dish is returned to the filter stabilization environment, the 
petri dish shall be opened, the upper half of the cassette shall be 
removed using a properly designed separator tool, the lower half of the 
cassette-with filter-shall be placed in a partially covered petri dish, 
and allowed to stabilize for at least one hour.
    (6) After at least 30 minutes, but no more than 60 hours of 
stabilization, each filter may be weighed using the specified 
microbalance. The process of weighing a filter may be repeated and a 
statistical mean may be calculated. Sound engineering judgment shall 
dictate the use of statistics to discard outliers and the weighting of 
averages. For a used filter, its single weight or statistical mean 
weight shall be identified as the uncorrected gross weight of the 
filter. The uncorrected gross weight shall be corrected for filter 
buoyancy using the procedure in (c)(3) of this section. The uncorrected 
gross filter weight, corrected gross filter weight, barometric pressure, 
temperature, and dewpoint shall be recorded.
    (7) The net particulate matter weight (Pf) of each filter shall be 
equal to the corrected gross filter weight minus the corrected tare 
filter weight.
    (8) Should the particulate matter on the filters contact the petri 
dish, tweezers, microbalance or any other

[[Page 236]]

surface, the data with respect to that filter is void.

[66 FR 5177, Jan. 18, 2001]



Sec. 86.1313-91  Fuel specifications.

    (a) Otto-cycle test fuel. (1) Gasoline having the specifications 
listed in table N91-1 will be used by the Administrator in exhaust 
emission testing petroleum-fueled substantially equivalent 
specifications approved by the Administrator, shall be used by the 
manufacturer in exhaust emission testing, except that the octane 
specification does not apply.

                               Table N91-1
------------------------------------------------------------------------
             Item                                 ASTM         Value
------------------------------------------------------------------------
Octane, research, min........  ...............  D2699...              93
Sensitivity, min.............  ...............  ........             7.5
Lead (organic)...............  g/U.S. gal. (g/  D3237...     \1\ (0.050)
                                liter).                      \1\ (0.013)
Distillation range:
  IBP........................   [deg]F........  D86.....           75-95
                               ( [deg]C)......  ........       (23.9-35)
  10 pct. point..............   [deg]F........  D86.....         120-135
                               ( [deg]C)......  ........     (48.9-57.2)
  50 pct. point..............   [deg]F........  D86.....         200-230
                               ( [deg]C)......  ........      (93.3-110)
  90 pct. point..............   [deg]F........  D86.....         300-325
                               ( [deg]C)......  ........   (148.9-162.8)
  EP.........................  max. [deg]F,...  D86.....             415
                               ( [deg]C)......  ........         (212.8)
Sulphur......................  max. wt. pct...  D1266...            0.10
Phosphorus, max..............  g/U.S. gal. (g/  D3231...           0.005
                                liter).                         (0.0013)
RVP..........................  psi, (kPa).....  D323....         8.0-9.2
                                                             (60.0-63.4)
Hydrocarbon composition:
  Olefins....................  max. pct.......  D1319...              10
  Aromatics..................  max. pct.......  D1319...              35
  Saturates..................  ...............  D1319...           (\2\)
------------------------------------------------------------------------
\1\ Maximum.
\2\ Remainder.

    (2) Unleaded gasoline representative of commercial gasoline which 
will be generally available through retail outlets shall be used in 
service accumulation.
    (i) The octane rating of the gasoline used shall be not higher than 
one Research octane number above the minimum recommended by the 
manufacturer and have a minimum sensitivity of 7.5 octane numbers, where 
sensitivity is defined as the Research octane number minus the Motor 
octane number.
    (ii) The Reid Vapor Pressure of the gasoline used shall be 
characteristic of the motor fuel used during the season in which the 
service accumulation takes place.
    (3) Methanol fuel used for exhaust and evaporative emission testing 
and in service accumulation of methanol-fueled Otto-cycle engines shall 
be representative of commercially available methanol fuel and shall 
consist of at least 50 percent methanol by volume.
    (i) Manufacturers shall recommend the methanol fuel to be used for 
testing and service accumulation in accordance with paragraph (a)(3) of 
this section.
    (ii) The Administrator shall determine the methanol fuel to be used 
for testing and service accumulation.
    (4) Other methanol fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available, and
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service, 
and
    (iii) Use of a fuel listed under paragraph (a)(3) of this section 
would have a detrimental effect on emissions or durability, and
    (iv) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (5) The specification range of the fuels to be used under paragraphs 
(a)(2), (a)(3), and (a)(4) of this section shall be reported in 
accordance with Sec. 86.090-21(b)(3).
    (b) Diesel Test fuel. (1) The petroleum fuels for testing diesel 
engines employed for testing shall be clean and bright, with pour and 
cloud points adequate for operability. The petroleum fuel may contain 
nonmetallic additives as follows: Cetane improver, metal deactivator, 
antioxidant, dehazer, antirust, pour depressant, dye, dispersant, and 
biocide. Except for the sulfur content of ``Type 2-D'' fuel, fuels 
specified for emissions testing are intended to be representative of 
commercially available in-use fuels.
    (2) Petroleum fuel for diesel engines meeting the specifications in 
Table

[[Page 237]]

N91-2, or substantially equivalent specifications approved by the 
Administrator, shall be used in exhaust emissions testing. The grade of 
petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated as ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator.

                                                   Table N91-2
----------------------------------------------------------------------------------------------------------------
                   Item                                   ASTM                    Type 1-D          Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number............................  D613                                          48-54             42-50
Cetane Index.............................  D86                                           40-54             40-48
Distillation range:
    IBP [deg]F...........................  D86                                         330-390           340-400
    ( [deg]C)............................  .................................     (165.6-198.9)     (171.1-204.4)
    10 percent point, [deg]F.............  D86                                         370-430           400-460
    ( [deg]C)............................  .................................     (187.8-221.1)     (204.4-237.8)
    50 percent point, [deg]F.............  D86                                         410-480           470-540
    ( [deg]C)............................  .................................       (210-248.9)     (243.3-282.2)
    90 percent point, [deg]F.............  D86                                         460-520           560-630
    ( [deg]C)............................  .................................     (237.8-271.1)     (293.3-332.2)
    EP, [deg]F...........................  D86                                         500-560           610-690
    ( [deg]C)............................  .................................     (260.0-293.3)     (321.1-365.6)
Gravity, [deg]API........................  D287                                          40-44             32-37
Total Sulfur, percent....................  D2622                                     0.08-0.12         0.08-0.12
Hydrocarbon composition:
    Aromatics, pct.......................  D1319 or D5186                                \1\ 8            \1\ 27
    Paraffins, Naphthenes, Olefins.......  D1319                                       ( \2\ )           ( \2\ )
Flashpoint, [deg]F.......................  D93                                             120               130
    ( [deg]C)............................  .................................            (48.9)            (54.4)
    (minimum)............................  .................................  ................  ................
Viscosity, Centistokes...................  D445                                        1.6-2.0           2.0-3.2
----------------------------------------------------------------------------------------------------------------
\1\ Minimum.
\2\ Remainder.

    (3) Petroleum fuel for diesel engines meeting the specifications in 
table N91-3, or substantially equivalent specifications approved by the 
Administrator, shall be used in service accumulation. The grade of 
petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated as ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator.

                                                   Table N91-3
----------------------------------------------------------------------------------------------------------------
                               Item                                  ASTM        Type 1-D           Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number....................................................     D613              42-56              30-58
Distillation range:
  90 pct. point, [deg]F..........................................      D86            440-530            540-630
    ( [deg]C)....................................................  .......      (226.7-276.7)      (282.2-332.2)
Gravity, [deg]API................................................     D287              39-45              30-42
Total sulfur, pct................................................    D2622          0.08-0.12          0.08-0.12
Flashpoint, min., [deg]F.........................................      D93                120                130
  ( [deg]C)......................................................  .......             (48.9)             (54.4)
Viscosity, centistokes...........................................     D455            1.2-2.2            1.5-4.5
----------------------------------------------------------------------------------------------------------------


[[Page 238]]

    (4) Methanol fuel used for exhaust and evaporative emission testing 
and in service accumulation of methanol-fueled diesel engines shall be 
representative of commercially available methanol fuel and shall consist 
of at least 50 percent methanol by volume.
    (i) Manufacturers shall recommend the methanol fuel to be used for 
testing and service accumulation in accordance with paragraph (b)(4) of 
this section.
    (ii) The Administrator shall determine the methanol fuel to be used 
for testing and service accumulation.
    (5) Other fuels may be used for testing and service accumulation 
provided:
    (i) They are commercially available, and
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service, 
and
    (iii) Use of a fuel listed under paragraphs (b)(2) and (b)(3) or 
(b)(4) of this section would have a detrimental effect on emissions or 
durability, and
    (iv) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (6) The specification range of the fuels to be used under paragraphs 
(b)(2), (b)(3), (b)(4), and (b)(5) of this section shall be reported in 
accordance with Sec. 86.090-21(b)(3).
    (c) Fuels not meeting the specifications set forth in this section 
may be used only with the advance approval of the Administrator.
    (d) Mixtures of petroleum and methanol fuels for flexible fuel 
vehicles. (1) Mixtures of petroleum and methanol fuels used for exhaust 
and evaporative emission testing and service accumulation for flexible 
fuel vehicles shall be within the range of fuel mixtures for which the 
vehicle was designed.
    (2) Manufacturer testing and service accumulation may be performed 
using only those mixtures (mixtures may be different for exhaust 
testing, evaporative testing, and service accumulation) expected to 
result in the highest emissions, provided:
    (i) The fuels which constitute the mixture will be used in customer 
service, and
    (ii) Information, acceptable to the Administrator, is provided by 
the manufacturer to show that the designated fuel mixtures would result 
in the highest emissions, and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the fuels to be used under paragraph 
(d)(2) of this section shall be reported in accordance with Sec. 86.090-
21(b)(3).

[55 FR 34147, Aug. 21, 1990, as amended at 58 FR 21401, Apr. 21, 1993; 
62 FR 47125, Sept. 5, 1997]



Sec. 86.1313-94  Fuel specifications.

    (a) Gasoline fuel. (1) Gasoline having the specifications listed in 
table N94-1 will be used by the Administrator in exhaust emission 
testing. Gasoline having these specifications or substantially 
equivalent specifications approved by the Administrator, shall be used 
by the manufacturer in exhaust emission testing, except that the octane 
specification does not apply.

                               Table N94-1
------------------------------------------------------------------------
                        Item                           ASTM      Value
------------------------------------------------------------------------
Octane, research, min..............................    D2699          93
Sensitivity, min...................................  .......         7.5
Lead (organic), g/U.S. gal. (g/liter)..............    D3237  \1\ (0.050
                                                                       )
                                                              \1\ (0.013
                                                                       )
Distillation range:
    IBP, [deg]F ( [deg]C)..........................      D86       75-95
                                                               (23.9-35)
    10 pct. point, [deg]F ( [deg]C)................      D86     120-135
                                                                  (48.9-
                                                                   57.2)
    50 pct. point, [deg]F ( [deg]C)................      D86     200-230
                                                              (93.3-110)
    90 pct. point, [deg]F ( [deg]C)................      D86     300-325
                                                                 (148.9-
                                                                  162.8)
    EP, max. [deg]F ( [deg]C)......................      D86         415
                                                                 (212.8)
    Sulphur, Max., wt. pct.........................    D1266        0.10
    Phosphorus, max., g/U.S. gal. (g/liter)........    D3231       0.005
                                                                (0.0013)
    RVP, psi (kPa).................................     D323     8.0-9.2
                                                                  (60.0-
                                                                   63.4)
Hydrocarbon composition:
    Olefins, max. pct..............................    D1319          10
    Aromatics, max. pct............................    D1319          35
    Saturates......................................    D1319       (\2\)
------------------------------------------------------------------------
\1\ Maximum.
\2\ Remainder.

    (2)(i) Unleaded gasoline representative of commercial gasoline which 
will be generally available through retail

[[Page 239]]

outlets shall be used in service accumulation.
    (ii) The octane rating of the gasoline used shall not be higher than 
one Research octane number above the minimum recommended by the 
manufacturer and have a minimum sensitivity of 7.5 octane numbers, where 
sensitivity is defined as the Research octane number minus the Motor 
octane number.
    (iii) The Reid Vapor Pressure of the gasoline used shall be 
characteristic of the motor fuel used during the season in which the 
service accumulation takes place.
    (3) The specification range of the gasoline to be used under 
paragraph (a) of this section shall be reported in accordance with 
Sec. 86.094-21(b)(3).
    (b) Petroleum diesel test fuel. (1) The petroleum fuels for testing 
diesel engines employed for testing shall be clean and bright, with pour 
and cloud points adequate for operability. The petroleum diesel fuel may 
contain nonmetallic additives as follows: Cetane improver, metal 
deactivator, antioxidant, dehazer, antirust, pour depressant, dye, 
dispersant and biocide. Fuels specified for emissions testing are 
intended to be representative of commercially available in-use fuels.
    (2) Petroleum fuel for diesel engines meeting the specifications in 
Table N94-2, or substantially equivalent specifications approved by the 
Administrator, shall be used in exhaust emissions testing. The grade of 
petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated at ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator.

                                                   Table N94-2
----------------------------------------------------------------------------------------------------------------
                   Item                                   ASTM                    Type 1-D          Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number............................  D613                                          40-54             40-48
Cetane Index.............................  D976                                          40-54             40-48
Distillation range:
    IBP [deg]F...........................  D86                                         330-390           340-400
    ( [deg]C)............................  .................................     (165.6-198.9)     (171.1-204.4)
    10 percent point, [deg]F.............  D86                                         370-430           400-460
    ( [deg]C)............................  (187.8-221.1)                         (204.4-237.8)
    50 percent point, [deg]F.............  D86                                         410-480           470-540
    ( [deg]C)............................  .................................       (210-248.9)     (243.3-282.2)
    90 percent point, [deg]F.............  D86                                         460-520           560-630
    ( [deg]C)............................  .................................     (237.8-271.1)     (293.3-332.2)
    EP, [deg]F...........................  D86                                         500-560           610-690
    ( [deg]C)............................  .................................     (260.0-293.3)     (321.1-365.6)
Gravity, [deg]API........................  D287                                          40-44             32-37
Total Sulfur, percent....................  D2622                                     0.03-0.05         0.03-0.05
Hydrocarbon composition:
    Aromatics, pct.......................  D1319 or D5186                                \1\ 8            \1\ 27
    Paraffins, Naphthenes, Olefins.......  D1319                                       ( \2\ )           ( \2\ )
Flashpoint, [deg]F.......................  D93                                             120               130
    ( [deg]C)............................  .................................            (48.9)            (54.4)
    (minimum)............................  .................................  ................  ................
Viscosity, Centistokes...................  D445                                        1.6-2.0           2.0-3.2
----------------------------------------------------------------------------------------------------------------
\1\ Minimum.
\2\ Remainder.

    (3) Petroleum diesel fuel for diesel engines meeting the 
specifications in table N94-3, or substantially equivalent 
specifications approved by the Administrator, shall be used in service 
accumulation. The grade of petroleum diesel fuel used shall be 
commercially designated as ``Type 2-D'' grade diesel fuel except that 
fuel commercially designated as ``Type 1-D'' grade diesel fuel may be 
substituted provided that the manufacturer has submitted evidence

[[Page 240]]

to the Administrator demonstrating to the Administrator's satisfaction 
that this fuel will be the predominant in-use fuel. Such evidence could 
include such things as copies of signed contracts from customers 
indicating the intent to purchase and use ``Type 1-D'' grade diesel fuel 
as the primary fuel for use in the engines or other evidence acceptable 
to the Administrator.

                                                   Table N94-3
----------------------------------------------------------------------------------------------------------------
                               Item                                  ASTM        Type 1-D           Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number....................................................     D613              40-56              30-58
Cetane Index.....................................................     D976            Min. 40            Min. 40
Distillation range:
    90 pct. point [deg]F ( [deg]C)...............................      D86            440-530            540-630
                                                                                (226.7-276.7)      (282.2-332.2)
Gravity [deg]API.................................................     D287              39-45              30-42
Total sulfur, min. pct...........................................    D2622          0.03-0.05          0.03-0.05
Flashpoint, min. [deg]F ( [deg]C)................................      D93                120                130
                                                                                       (48.9)               54.4
Viscosity, centistokes...........................................     D445            1.2-2.2            1.5-4.5
----------------------------------------------------------------------------------------------------------------

    (4) Other petroleum distillate fuels may be used for testing and 
service accumulation provided:
    (i) They are commercially available; and
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Use of a fuel listed under paragraphs (b)(2) and (b)(3) of 
this section would have a detrimental effect on emissions or durability; 
and
    (iv) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (5) The specification range of the fuels to be used under paragraph 
(b) of this section shall be reported in accordance with Sec. 86.094-
21(b)(3).
    (c) Methanol-fuel. (1) Methanol fuel used for exhaust and 
evaporative emission testing and in service accumulation of methanol-
fueled engines shall be representative of commercially available 
methanol fuel and shall consist of at least 50 percent methanol by 
volume.
    (i) Manufacturers shall recommend the methanol fuel to be used for 
testing and service accumulation.
    (ii) The Administrator shall determine the methanol fuel to be used 
for testing and service accumulation.
    (2) Other methanol fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available; and
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Use of a fuel listed under paragraph (b)(4)(c)(1) of this 
section would have a detrimental effect on emissions or durability; and
    (iv) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the fuels to be used under paragraphs 
(c)(1) and (c)(2) of this section shall be reported in accordance with 
Sec. 86.094-21(b)(3).
    (d) Mixtures of petroleum and methanol fuels for flexible fuel 
vehicles. (1) Mixtures of petroleum and methanol fuels used for exhaust 
emission testing and service accumulation for flexible fuel vehicles 
shall consist of the methanol and petroleum fuels listed in paragraph 
(a) or (b) of this section, and shall be within the range of fuel 
mixtures for which the vehicle was designed, as reported in accordance 
with Sec. 86.94-21. The Administrator may use any fuel mixture within 
this range for testing.
    (2) The fuel mixtures used by the manufacturers shall be sufficient 
to demonstrate compliance over the full design range, and shall include:
    (i) For emission testing:
    (A) A petroleum fuel specified in paragraph (a) or paragraph (b) of 
this section;

[[Page 241]]

    (B) A methanol fuel representative of the methanol fuel expected to 
the found in use.
    (ii) For service accumulation, an alternating combination of the 
fuels specified in paragraphs (a) or (b), and (c) of this section that, 
based on good engineering judgement, demonstrates the durability of the 
emissions control system. The combination shall be selected such that 
the cumulative volumes of both the methanol fuel and the petroleum fuel 
used shall be at least 25 percent of the total fuel volume. The fuels 
shall be or alternated at intervals not to exceed 500 hours.
    (iii) Or, other combinations for testing and/or service accumulation 
which demonstrate compliance with the standards over the entire design 
range of the vehicle, provided that written approval is obtained from 
the Administrator prior to the start of testing.
    (3) The specification range of the fuels to be used under this 
paragraph (d) shall be reported in accordance with Sec. 86.094-21.
    (e) Natural gas-fuel. (1) Natural gas-fuel having the following 
specifications will be used by the Administrator for exhaust and 
evaporative emission testing of natural gas-fueled engines:

              Natural Gas Certification Fuel Specifications
------------------------------------------------------------------------
                                                           ASTM
                                                           test
               Item                                       method   Value
                                                           No.
------------------------------------------------------------------------
Methane...........................  min. mole pct.         D1945    89.0
Ethane............................  max. mole pct.         D1945     4.5
C3 and higher.....................  max. mole pct.         D1945     2.3
C6 and higher.....................  max. mole pct.         D1945     0.2
Oxygen............................  max. mole pct.         D1945     0.6
Inert gases:
  Sum of CO2 and N2...............  max. mole pct.         D1945     4.0
Odorant 1
------------------------------------------------------------------------
\1\ The natural gas at ambient conditions must have a distinctive odor
  potent enough for its presence to be detected down to a concentration
  in air of not over \1/5\ (one-fifth) of the lower limit of
  flammability.

    (2) Natural gas-fuel representative of commercial natural gas-fuel 
and which will be generally available through retail outlets shall be 
used in service accumulation.
    (3) Other natural gas-fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (4) The specification range of the fuels to be used under paragraphs 
(e)(1) and (e)(2) of this section shall be reported in accordance with 
Sec. 86.094-21(b)(3).
    (f) Liquified petroleum gas-fuel. (1) Liquified petroleum gas-fuel 
used for exhaust and evaporative emission testing and in service 
accumulation shall be commercially available liquefied petroleum gas-
fuel.
    (i) Manufacturers shall recommend the liquefied petroleum gas-fuel 
to be used for testing and service accumulation.
    (ii) The Administrator shall determine the liquefied petroleum gas-
fuel to be used for testing and service accumulation.
    (2) Other liquefied petroleum gas-fuels may be used for testing and 
service accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the fuels to be used under paragraphs 
(f)(1) and (f)(2) of this section shall be measured in accordance with 
ASTM D2163-91 and reported in accordance with Sec. 86.094-21(b)(3).
    (g) Fuels not meeting the specifications set forth in this section 
may be used only with the advance approval of the Administrator.

[59 FR 48528, Sept. 21, 1994, as amended at 60 FR 34371, June 30, 1995; 
62 FR 47125, Sept. 5, 1997]



Sec. 86.1313-98  Fuel specifications.

    Section 86.1313-98 includes text that specifies requirements that 
differ from Sec. 86.1313-94. Where a paragraph in Sec. 86.1313-94 is 
identical and applicable to Sec. 86.1313-98, this may be indicated by

[[Page 242]]

specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1313-94''.
    (a) through (b)(1) [Reserved]. For guidance see Sec. 86.1313-94.
    (b)(2) Petroleum fuel for diesel engines meeting the specifications 
in Table N98-2, or substantially equivalent specifications approved by 
the Administrator, shall be used in exhaust emissions testing. The grade 
of petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated at ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator.

                                                   Table N98-2
----------------------------------------------------------------------------------------------------------------
             Item                                       ASTM test method No.      Type 1-D          Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number.................                         D 613                             40-54             40-50
Cetane Index..................                         D 976                             40-54             40-50
Distillation range:
  IBP.........................  [deg]F                 D 86                            330-390           340-400
                                ([deg]C)                                         (165.6-198.9)     (171.1-204.4)
  10 pct. point...............  [deg]F                 D 86                            370-430           400-460
                                ([deg]C)                                         (187.8-221.1)     (204.4-237.8)
  50 pct. point...............  [deg]F                 D 86                            410-480           470-540
                                ([deg]C)                                         (210.0-248.9)     (243.3-282.2)
  90 pct. point...............  [deg]F                 D 86                            460-520           560-630
                                ([deg]C)                                         (237.8-271-1)     (293.3-332.2)
  EP..........................  [deg]F                 D 86                            500-560           610-690
                                ([deg]C)                                         (260.0-293.3)     (321.1-365.6)
Gravity.......................  [deg]API               D 287                             40-44             32-37
Total sulfur..................  pct.                   D 2622                        0.03-0.05         0.03-0.05
Hydrocarbon composition:
  Aromatics, minimum..........  pct.                   D 5186                                8                27
  Paraffins, Naphthenes,                               D 1319                                1                 1
   Olefins.
Flashpoint, min...............  [deg]F                 D 93                                120               130
                                ([deg]C)                                                (48.9)            (54.4)
Viscosity.....................  centistokes            D 445                           1.6-2.0          2.0-3.2
----------------------------------------------------------------------------------------------------------------
1 Remainder.

    (b)(3) through (e) [Reserved]. For guidance see Sec. 86.1313-94.

[62 FR 47126, Sept. 5, 1997, as amended at 65 FR 8278, Feb. 18, 2000]



Sec. 86.1313-2004  Fuel specifications.

    Section 86.1313-04 includes text that specifies requirements that 
differ from Sec. 86.1313-94 and Sec. 86.1313-98. Where a paragraph in 
Sec. 86.1313-94 or Sec. 86.1313-98 is identical and applicable to 
Sec. 86.1313-04, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1313-
94.'' or ``[Reserved]. For guidance see Sec. 86.1313-98.''.
    (a) Gasoline fuel. (1) Gasoline having the following specifications 
will be used by the Administrator in exhaust and evaporative emission 
testing of petroleum-fueled Otto-cycle engines, except that the 
Administrator will not use gasoline having a sulfur specification higher 
than 0.0045 weight percent. Gasoline having the following specification 
or substantially equivalent specifications approved by the 
Administrator, must be used by the manufacturer in exhaust and 
evaporative testing except that octane specifications do not apply:

----------------------------------------------------------------------------------------------------------------
                  Item                      ASTM test method No.                        Value
----------------------------------------------------------------------------------------------------------------
(i) Octane, Research, Min..............  D2699                       93
(ii) Sensitivity, Min..................  ..........................  7.5

[[Page 243]]

 
(iii) Lead (organic), maximum: g/U.S.    D3237                       0.050 (0.013)
 gal. (g/liter).
(iv) Distillation Range:...............  D86
(A) IBP \1\: [deg]F ( [deg]C)..........  ..........................  75-95 (23.9-35)
(B) 10 pct. point: [deg]F ( [deg]C)....  ..........................  120-135 (48.9-57.2)
(C) 50 pct. point: [deg]F ( [deg]C)....  ..........................  200-230 (93.3-110)
(D) 90 pct. point: [deg]F ( [deg]C)....  ..........................  300-325 (148.9-162.8)
(E) EP, max: [deg]F ( [deg]C)..........  ..........................  415 (212.8)
(v) Sulfur, weight pct.................  D1266                       0.0015-0.008
(vi) Phosphorous, max. g/U.S. gal (g/    D3231                       0.005 (0.0013)
 liter).
(vii) RVP \2\, \3\.....................  D3231                       8.7-9.2 (60.0-63.4)
(viii) Hydrocarbon composition:........  D1319
(A) Olefins, max. pct..................  ..........................  10
(B) Aromatics, max, pct................  ..........................  35
(C) Saturates..........................  ..........................  Remainder
----------------------------------------------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m (4000 feet), the specified range is 75-105 deg. F (23.9-40.6 deg. C).
 
\2\ For testing which is unrelated to evaporative emission control, the specified range is 8.0-9.2 psi (55.2-
  63.4 kPa).
\3\ For testing at altitudes above 1,219 m (4000 feet), the specified range is 7.6-8.0 psi (52-55 kPa).

    (2) For engines certified for sale in the 50 United States, 
``California Phase 2'' gasoline having the specifications listed in the 
table in this section may be used in exhaust emission testing as an 
option to the specifications in paragraph (a)(1) of this section. If a 
manufacturer elects to utilize this option, the manufacturer must 
conduct exhaust emission testing with gasoline having the specifications 
listed in the table in this paragraph (a)(2). However, the Administrator 
may use or require the use of test fuel meeting the specifications in 
paragraph (a)(1) of this section for certification confirmatory testing, 
selective enforcement auditing and in-use testing. All fuel property 
test methods for this fuel are contained in Chapter 4 of the California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996). These requirements are incorporated by 
reference (see Sec. 86.1). The table follows:

------------------------------------------------------------------------
          Fuel property                            Limit
------------------------------------------------------------------------
(i) Octane, (R+M)/2 (min)........  91
(ii) Sensitivity (min)...........  7.5
(iii) Lead, g/gal (max) (No lead   0-0.01
 added).
(iv) Distillation Range, [deg]F:.  .....................................
(A) 10 pct. point,...............  130-150
(B) 50 pct. point,...............  200-210
(C) 90 pct. point,...............  290-300
(D) EP, maximum..................  390
(v) Residue, vol % (max).........  2.0
(vi) Sulfur, ppm by wt...........  15-40, except that Administrator may
                                    use and approve for use, lower
                                    ranges where such ranges are
                                    consistent with current California
                                    requirements.
(vii) Phosphorous, g/gal (max)...  0.005
(viii) RVP, psi..................  6.7-7.0
(ix) Olefins, vol %..............  4.0-6.0
(x) Total Aromatic Hydrocarbons    22-25
 (vol %).
(xi) Benzene, vol %..............  0.8-1.0
(xii) Multi-Substituted Alkyl      12-14
 Aromatic Hydrocarbons, vol %.
(xiii) MTBE, vol %...............  10.8-11.2
(xiv) Additives..................  See Chapter 4 of the California
                                    Regulatory Requirements Applicable
                                    to the National Low Emission Vehicle
                                    Program (October, 1996). These
                                    procedures are incorporated by
                                    reference (see Sec.  86.1).
(xv) Copper Corrosion............  No. 1
(xvi) Gum, Washed, mg/100 ml       3.0
 (max).
(xvii) Oxidation Stability,        1000
 minutes (min).
(xviii) Specific Gravity.........  No limit; report to purchaser
                                    required
(xix) Heat of Combustion.........  No limit; report to purchaser
                                    required
(xx) Carbon, wt %................  No limit; report to purchaser
                                    required

[[Page 244]]

 
(xxi) Hydrogen, wt %.............  No limit; report to purchaser
                                    required
------------------------------------------------------------------------

    (3)(i) Unless otherwise approved by the Administrator, unleaded 
gasoline representative of commercial gasoline that will be generally 
available through retail outlets must be used in service accumulation. 
Unless otherwise approved by the Administrator, this gasoline must have 
a minimum sulfur content of 15 ppm. Unless otherwise approved by the 
Administrator, fuel used for evaporative emission durability 
demonstration must contain ethanol as required by Sec. 86.1824-
01(a)(2)(iii). Leaded gasoline must not be used in service accumulation.
    (ii) Unless otherwise approved by the Administrator, the octane 
rating of the gasoline used must be no higher than 1.0 Retail octane 
number above the lowest octane rating that meets the fuel grade the 
manufacturer will recommend to the ultimate purchaser for the relevant 
production vehicles. If the manufacturer recommends a Retail octane 
number rather than a fuel grade, then the octane rating of the service 
accumulation gasoline can be no higher than 1.0 Retail octane number 
above the recommended Retail octane number. The service accumulation 
gasoline must also have a minimum sensitivity of 7.5 octane numbers, 
where sensitivity is defined as the Research octane number minus the 
Motor octane number.
    (iii) The Reid Vapor Pressure of the gasoline used must be 
characteristic of the motor fuel used during the season in which the 
service accumulation takes place.
    (4) The specification range of the gasoline to be used under 
paragraph (a) of this section must be reported in accordance with 
Sec. 86.094-21(b)(3).
    (b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313-94.
    (b)(2) [Reserved]. For guidance see Sec. 86.1313-98.
    (b)(3) through (g) [Reserved]. For guidance see Sec. 86.1313-94.

[66 FR 5178, Jan. 18, 2001]



Sec. 86.1313-2007  Fuel specifications.

    Section 86.1313-2007 includes text that specifies requirements that 
differ from Sec. 86.1313-94 and Sec. 86.1313-2004. Where a paragraph in 
Sec. 86.1313-94 or Sec. 86.1313-2004 is identical and applicable to 
Sec. 86.1313-2007, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.1313-
94.'' or ``[Reserved]. For guidance see Sec. 86.1313-04.''.
    (a) [Reserved]. For guidance see Sec. 86.1313-2004.
    (b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313-94.
    (b)(2) Petroleum fuel for diesel engines meeting the specifications 
in Table N07-2, or substantially equivalent specifications approved by 
the Administrator, shall be used in exhaust emissions testing. The grade 
of petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated as ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator. (Note: 
Vehicles certified under Sec. 86.007-11(f) must be tested using the test 
fuel specified in Sec. 86.1313-2004, unless otherwise allowed by the 
Administrator.) Table N07-2 follows:

[[Page 245]]



                                                   Table N07-2
----------------------------------------------------------------------------------------------------------------
            Item                                    ASTM test method No.        Type 1-D            Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number...........  ....................  D613................  40-54...............            40-50
(ii) Cetane Index...........  ....................  D976................  40-54...............           40-50
(iii) Distillation range:
    (A) IBP.................   [deg]F.............  D86.................  330-390.............          340-400
                              ( [deg]C)...........  ....................  (165.6-198.9).......     (171.1-204.4)
    (B) 10 pct. point.......   [deg]F.............  D86.................  370-430.............          400-460
                              ( [deg]C)...........  ....................  (187.8-221.1).......     (204.4-237.8)
    (C) 50 pct. point.......   [deg]F.............  D86.................  410-480.............          470-540
                              ( [deg]C)...........  ....................  (210.0-248.9).......     (243.3-282.2)
    (D) 90 pct. point.......   [deg]F.............  D86.................  460-520.............          560-630
                              ( [deg]C)...........  ....................  (237.8-271-1).......     (293.3-332.2)
    (E) EP..................   [deg]F.............  D86.................  500-560.............          610-690
                              ( [deg]C)...........  ....................  (260.0-293.3).......     (321.1-365.6)
(iv) Gravity................  [deg]API............  D287................  40-44...............            32-37
(v) Total sulfur............  ppm.................  D2622...............  7-15................             7-15
(vi) Hydrocarbon
 composition:.
    (A) Aromatics, minimum    pct.................  D5186...............  8...................               27
     (Remainder shall be
     paraffins, naphthenes,
     and olefins).
(vii) Flashpoint, min.......   [deg]F.............  D93.................  120.................              130
                              ( [deg]C)...........  ....................  (48.9)..............            (54.4)
(viii) Viscosity............  centistokes.........  D445................  1.6-2.0.............          2.0-3.2
----------------------------------------------------------------------------------------------------------------


[[Page 246]]

    (3) Petroleum Diesel fuel for diesel engines meeting the 
specifications in table N07-3, or substantially equivalent 
specifications approved by the Administrator, shall be used in service 
accumulation. The grade of petroleum diesel fuel used shall be 
commercially designated as Type 2-D'' grade diesel fuel except that fuel 
commercially designated as ``Type 1-D'' grade Diesel fuel may be 
substituted provided that the manufacturer has submitted evidence to the 
Administrator demonstrating to the Administrator's satisfaction that 
this fuel will be the predominant in-use fuel. Such evidence could 
include such things as copies of signed contracts from customers 
indicating the intent to purchase and use ``Type 1-D'' grade diesel fuel 
as the primary fuel for use in the engines or other evidence acceptable 
to the Administrator. Table N07-03 follows:

[[Page 247]]



                                                   Table N07-3
----------------------------------------------------------------------------------------------------------------
            Item                                    ASTM test method No.        Type 1-D            Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number...........  ....................  D613................  40-56...............            38-58
(ii) Cetane Index...........  ....................  D976................  min. 40.............         min. 40
(iii) Distillation range:
    90 pct. point...........   [deg]F.............  D86.................  440-530.............          540-630
                              ( [deg]C)...........  ....................  (226.7-276-7).......     (293.3-332.2)
(iv) Gravity................  [deg]API............  D287................  39-45...............            30-39
(v) Total sulfur............  ppm.................  D2622...............  7-15................             7-15
(vi) Flashpoint, min........   [deg]F.............  D93.................  130.................              130
                              ( [deg]C)...........  ....................  (54.4)..............            (54.4)
(vii) Viscosity.............  centistokes.........  D445................  1.2-2.2.............          1.5-4.5
----------------------------------------------------------------------------------------------------------------


[[Page 248]]

    (b)(4) through (g) [Reserved]. For guidance see Sec. 86.1313-94.

[66 FR 5180, Jan. 18, 2001]



Sec. 86.1314-84  Analytical gases.

    (a) Gases for the CO and CO2 analyzers shall be single 
blends of CO and CO2, respectively, using nitrogen as the 
diluent.
    (b) Gases for the hydrocarbon analyzer shall be single blends of 
propane using air as the diluent.
    (c) Gases for the NOX analyzer shall be single blends of 
NO named as NOX with a maximum NO2 concentration 
of 5 percent of the nominal value using nitrogen as the diluent.
    (d) Fuel for the FID shall be a blend of 40[plusmn]2 percent 
hydrogen with the balance being helium. The mixture shall contain less 
than 1 ppm equivalent carbon response; 98 to 100 percent hydrogen fuel 
may be used with advance approval of the Administrator.
    (e) The allowable zero gas (air or nitrogen) impurity concentrations 
shall not exceed 1 ppm equivalent carbon response, 1 ppm carbon 
monoxide, 0.04 percent (400 ppm) carbon dioxide and 0.1 ppm nitric 
oxide.
    (f)(1) ``Zero-grade air'' includes artificial ``air'' consisting of 
a blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (2) Calibration gases shall be accurate to within [plusmn]1 percent 
of NBS gas standards, or other gas standards which have been approved by 
the Administrator.
    (3) Span gases shall be accurate to within [plusmn]2 percent of NBS 
gas standards, or other gas standards which have been approved by the 
Administrator.
    (g) The use of precision blending devices (gas dividers) to obtain 
the required calibration gas concentrations is acceptable, provided that 
the blended gases are accurate to within [plusmn]1.5 percent of NBS gas 
standards, or other gas standards which have been approved by the 
Administrator. This accuracy implies that primary gases used for 
blending must be ``named'' to an accuracy of at least [plusmn]1 percent, 
traceable to NBS or other approved gas standards.

[48 FR 52210, Nov. 16, 1983, as amended at 49 FR 48144, Dec. 10, 1984]



Sec. 86.1314-94  Analytical gases.

    (a) Gases for the CO and CO2 analyzers shall be single 
blends of CO and CO2, respectively, using nitrogen as the 
diluent.
    (b) Gases for the hydrocarbon analyzer shall be:
    (1) Single blends of propane using air as the diluent; and
    (2) Optionally, for response factor determination, single blends of 
methanol using air as the diluent.
    (c) Gases for the methane analyzer shall be single blends of methane 
using air as the diluent.
    (d) Gases for the NOX analyzer shall be single blends of 
NO named as NOX with a maximum NO2 concentration 
of five percent of the nominal value using nitrogen as the diluent.
    (e) Fuel for FIDs and HFIDs and methane analyzers shall be a blend 
of 40 [plusmn]2 percent hydrogen with the balance being helium. The 
mixture shall contain less than 1 ppm equivalent carbon response. 98 to 
100 percent hydrogen fuel may be used with advance approval by the 
Administrator.
    (f) The allowable zero gas (air or nitrogen) impurity concentrations 
shall not exceed 1 ppm equivalent carbon response, 1 ppm carbon 
monoxide, 0.04 percent (400 ppm) carbon dioxide and 0.1 ppm nitric 
oxide.
    (g)(1) ``Zero-grade air'' includes artificial ``air'' consisting of 
a blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (2) Calibration gases (not including methanol) shall be traceable to 
within one percent of NIST (formerly NBS) gas standards, or other gas 
standards which have been approved by the Administrator.
    (3) Span gases (not including methanol) shall be accurate to within 
two percent of true concentration, where true concentration refers to 
NIST (formerly NBS) gas standards, or other gas standards which have 
been approved by the Administrator.
    (4) Methanol in air gases used for response factor determination 
shall:

[[Page 249]]

    (i) Be traceable to within [plusmn]2 percent of NIST (formerly NBS) 
gas standards, or other standards which have been approved by the 
Administrator; and
    (ii) Remain within [plusmn]2 percent of the labeled concentration. 
Demonstration of stability shall be based on a quarterly measurement 
procedure with a precision of [plusmn]2 percent (two standard 
deviations), or other method approved by the Administrator. The 
measurement procedure may incorporate multiple measurements. If the true 
concentration of the gas changes by more than two percent, but less than 
ten percent, the gas may be relabeled with the new concentration.
    (h) The use of precision blending devices (gas dividers) to obtain 
the required calibration gas concentrations is acceptable, provided that 
the blended gases are accurate to within [plusmn]1.5 percent of NBS gas 
standards, or other gas standards which have been approved by the 
Administrator. This accuracy implies that primary gases used for 
blending must be ``named'' to an accuracy of at least [plusmn]1 percent, 
traceable to NBS or other approved gas standards.

[59 FR 48530, Sept. 21, 1994, as amended at 60 FR 34371, June 30, 1995]



Sec. 86.1316-90  Calibrations; frequency and overview.

    (a) Calibrations shall be performed as specified in Secs. 86.1318 
through 86.1326.
    (b) At least monthly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) Calibrate the hydrocarbon analyzer, carbon dioxide analyzer, 
carbon monoxide analyzer, oxides of nitrogen analyzer, methanol analyzer 
and formaldehyde analyzer (certain analyzers may require more frequent 
calibration depending on the equipment and use). New calibration curves 
need not be generated each month if the existing curve meets the 
requirements of Secs. 86.1321 through 86.1324.
    (2) Calibrate the engine dynamometer flywheel torque and speed 
measurement transducers, and calculate the feedback signals to the cycle 
verification equipment.
    (3) Check the oxides of nitrogen converter efficiency.
    (c) At least weekly or after any maintenance which could alter 
calibration, the following checks shall be performed:
    (1) [Reserved]
    (2) Perform a CVS system verification.
    (3) Check the shaft torque feedback signal at steady-state 
conditions by comparing:
    (i) Shaft torque feedback to dynamometer beam load, or
    (ii) By comparing in-line torque to armature current, or
    (iii) By checking the in-line torque meter with a dead weight per 
Sec. 86.1308(e).
    (d) The CVS positive displacement pump or critical flow venturi 
shall be calibrated following initial installation, major maintenance or 
as necessary when indicated by the CVS system verification (described in 
Sec. 86.1319).
    (e) Sample conditioning columns, if used in the CO analyzer train, 
should be checked at a frequency consistent with observed column life or 
when the indicator of the column packing begins to show deterioration.
    (f) For diesel fuel testing only. The carbon monoxide analyzer shall 
be calibrated at least every two months or after any maintenance which 
could alter calibration.

[54 FR 14591, Apr. 11, 1989, as amended at 58 FR 58426, Nov. 1, 1993; 62 
FR 47126, Sept. 5, 1997]



Sec. 86.1316-94  Calibrations; frequency and overview.

    (a) Calibrations shall be performed as specified in Secs. 86.1318 
through 86.1326.
    (b) At least monthly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) Calibrate the hydrocarbon analyzer, carbon dioxide analyzer, 
carbon monoxide analyzer, and oxides of nitrogen analyzer (certain 
analyzers may require more frequent calibration depending on the 
equipment and use). New calibration curves need not be generated each 
month if the existing curve meets the requirements of Secs. 86.1321 
through 86.1324.
    (2) Calibrate the engine dynamometer flywheel torque and speed 
measurement transducers, and calculate the

[[Page 250]]

feedback signals to the cycle verification equipment.
    (3) Check the oxides of nitrogen converter efficiency.
    (c) At least weekly or after any maintenance which could alter 
calibration, the following checks shall be performed:
    (1) Perform a CVS system verification.
    (2) Check the shaft torque feedback signal at steady-state 
conditions by comparing:
    (i) Shaft torque feedback to dynamometer beam load; or
    (ii) By comparing in-line torque to armature current; or
    (iii) By checking the in-line torque meter with a dead weight per 
Sec. 86.1308(e).
    (d) The CVS positive displacement pump or critical flow venturi 
shall be calibrated following initial installation, major maintenance or 
as necessary when indicated by the CVS system verification (described in 
Sec. 86.1319).
    (e) Sample conditioning columns, if used in the CO analyzer train, 
should be checked at a frequency consistent with observed column life or 
when the indicator of the column packing begins to show deterioration.
    (f) For diesel fuel testing only. The carbon monoxide analyzer shall 
be calibrated at least every two months or after any maintenance which 
could alter calibration.

[59 FR 48530, Sept. 21, 1994, as amended at 60 FR 34371, June 30, 1995; 
62 FR 47126, Sept. 5, 1997]



Sec. 86.1318-84  Engine dynamometer system calibrations.

    (a) The engine flywheel torque and engine speed measurement 
transducers shall be calibrated at least once each month with the 
calibration equipment described in Sec. 86.1308-84.
    (b) The engine flywheel torque feedback signals to the cycle 
verification equipment shall be electronically checked before each test, 
and adjusted as necessary.
    (c) Other engine dynamometer system calibrations shall be performed 
as dictated by good engineering practice.
    (d) When calibrating the engine flywheel torque transducer, any 
lever arm used to convert a weight or a force through a distance into a 
torque shall be used in a horizontal position ([plusmn]5 degrees).
    (e) Calibrated resistors may not be used for engine flywheel torque 
transducer calibration, but may be used to span the transducer prior to 
engine testing.



Sec. 86.1319-84  CVS calibration.

    (a) The CVS is calibrated using an accurate flowmeter and restrictor 
valve. The flowmeter calibration shall be traceable to the NBS, and will 
serve as the reference value (NBS ``true'' value) for the CVS 
calibration. (Note: In no case should an upstream screen or other 
restriction which can affect the flow be used ahead of the flowmeter 
unless calibrated throughout the flow range with such a device.) The CVS 
calibration procedures are designed for use of a ``metering venturi'' 
type flowmeter. Large radius or ASME flow nozzles are considered 
equivalent if traceable to NBS measurements. Other measurement systems 
may be used if shown to be equivalent under the test conditions in this 
action and traceable to NBS measurements. Measurements of the various 
flowmeter parameters are recorded and related to flow through the CVS. 
Procedures used by EPA for both PDP- and CFV-CVS's are outlined below. 
Other procedures yielding equivalent results may be used if approved in 
advance by the Administrator.
    (b) After the calibration curve has been obtained, verification of 
the entire system may be performed by injecting a known mass of gas into 
the system and comparing the mass indicated by the system to the true 
mass injected. An indicated error does not necessarily mean that the 
calibration is wrong, since other factors can influence the accuracy of 
the system (e.g., analyzer calibration, leaks, or HC hangup). A 
verification procedure is found in paragraph (e) of this section.
    (c) PDP calibration. (1) The following calibration procedure 
outlines the equipment, the test configuration, and the various 
parameters which must be measured to establish the flow rate of the CVS 
pump.
    (i) All the parameters related to the pump are simultaneously 
measured

[[Page 251]]

with the parameters related to a flowmeter which is connected in series 
with the pump.
    (ii) The calculated flow rate, ft3/min. (at a pump inlet 
absolute pressure and temperature), can then be plotted versus a 
correlation function which is the value of a specific combination of 
pump parameters.
    (iii) The linear equation which relates the pump flow and the 
correlation function is then determined.
    (iv) In the event that a CVS has a multiple speed drive, a 
calibration for each range used must be performed.
    (2) This calibration procedure is based on the measurement of the 
absolute values of the pump and flowmeter parameters that relate the 
flow rate at each point. Two conditions must be maintained to assure the 
accuracy and integrity of the calibration curve:
    (i) The temperature stability must be maintained during calibration. 
(Flowmeters are sensitive to inlet temperature oscillations; this can 
cause the data points to be scattered. Gradual changes in temperature 
are acceptable as long as they occur over a period of several minutes.)
    (ii) All connections and ducting between the flowmeter and the CVS 
pump must be absolutely void of leakage.
    (3) During an exhaust emission test the measurement of these same 
pump parameters enables the user to calculate the flow rate from the 
calibration equation.
    (4) Connect a system as shown in Figure N84-6. Although particular 
types of equipment are shown, other configurations that yield equivalent 
results may be used if approved in advance by the Administrator. For the 
system indicated, the following measurements and accuracies are 
required:



                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
             Parameter                    Symbol                 Units               Sensor-readout tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)...  PB...............  In. Hg (kPa).............  [plusmn].10 in. Hg
                                                                                   ([plusmn].340 kPa).
Ambient temperature...............  TA...............   [deg]F ( [deg]C)........  [plusmn].5 [deg]F ([plusmn].28
                                                                                   [deg]C).
Air temperature into metering       ETI..............   [deg]F ( [deg]C)........  [plusmn]2.0 [deg]F
 venturi.                                                                          ([plusmn]1.11 [deg]C).
Pressure drop between the inlet     EDP..............  In. H2O (kPa)............  [plusmn].05 in. H2O
 and throat of metering venturi.                                                   ([plusmn].012 kPa).
Air flow..........................  QS...............  Ft3/min. (m3/min.).......  [plusmn].5% of NBS ``true''
                                                                                   value.
Air temperature at CVS pump inlet.  PTI..............   [deg]F ( [deg]C)........  [plusmn]2.0 [deg]F
                                                                                   ([plusmn]1.11 [deg]C).
Pressure depression at CVS pump     PPI..............  In. Fluid (kPa)..........  [plusmn].13 in. Fluid
 inlet.                                                                            ([plusmn].055 kPa).

[[Page 252]]

 
Specific gravity of manometer       Sp. G............  .........................  ..............................
 fluid (1.75 oil).
Pressure head at CVS pump outlet..  PPO..............  In. Fluid (kPa)..........  [plusmn].13 in. Fluid
                                                                                   ([plusmn].055 kPa).
Air temperature at CVS pump outlet  PTO..............   [deg]F ( [deg]C)........  [plusmn]2.0 [deg]F
 (optional).                                                                       ([plusmn]1.11 [deg]C).
Pump revolutions during test        N................  Revs.....................  [plusmn]1 Rev.
 period.
Elapsed time for test period......  t................  s........................  [plusmn].5 s.
----------------------------------------------------------------------------------------------------------------

    (5) After the system has been connected as shown in Figure N84-6, 
set the variable restrictor in the wide open position and run the CVS 
pump for 20 minutes. Record the calibration data.
    (6) Reset the restrictor valve to a more restricted condition in an 
increment of pump inlet depression that will yield a minimum of six data 
points for the total calibration. Allow the system to stabilize for 3 
minutes and repeat the data acquisition.
    (7) Data analysis: (i) The air flow rate, Qs, at each 
test point is calculated in standard cubic feet per minute (68 [deg]F, 
29.92[dprime] Hg) from the flowmeter data using the manufacturer's 
prescribed method.
    (ii) The air flow rate is then converted to pump flow, 
Vo, in cubic feet per revolution at absolute pump inlet 
temperature and pressure:
[GRAPHIC] [TIFF OMITTED] TR06OC93.204

Where:
Vo=Pump flow, ft3/revolution (m3/
          revolution) at Tp, Pp
Qs=Meter air flow rate in standard cubic feet per minute, 
standard conditions are 68 [deg]F, 29.92 inches Hg (20 [deg]C, 101.3 
kPa)
n=Pump speed in revolutions per minute
Tp=Pump inlet temperature [deg]R([deg]K)
=PTI + 460 ([deg]R), or
=PTI + 273 ([deg]K)
Pp=Absolute pump inlet pressure, inches Hg (kPa)
=PB - PPI (Sp. Gr./13.5955) and
=PB - PPI for SI units
Where:
PB=barometric pressure, inches Hg (kPa)
PPI=Pump inlet depression, inches fluid (kPa)
Sp. Gr.=Specific gravity of manometer fluid

    (iii) The correlation function at each test point is then calculated 
from the calibration data.
[GRAPHIC] [TIFF OMITTED] TR06OC93.205

Where:

Xo = correlation function.
[Delta]P = The pressure differential from pump inlet to pump 
outlet, inches Hg (kPa).
 = Pe - Pp
Pe = Absolute pump outlet pressure, inches Hg (kPa)
 = PB + PPO(Sp. Gr.[sol]13.5955) and
 = PB for SI units

Where:

PPO = Pressure head at pump outlet, inches fluid (kPa).

    (iv) A linear least squares fit is performed to generate the 
calibration equation which has the form:

    Vo=Do - M(Xo)

    Do and M are the intercept and slope constants, 
respectively, describing the regression lines.
    (8) A CVS system that has multiple speeds should be calibrated on 
each speed used. The calibration curves generated for the ranges will be 
approximately parallel and the intercept values, Do, will 
increase as the pump flow range decreases.
    (9) If the calibration has been performed carefully, the calculated 
values from the equation will be within [plusmn]0.50 percent of the 
measured value of Vo. Values of M will vary from one pump to 
another, but values of Do for pumps of the same make, model 
and range should agree within [plusmn]3 percent of each other. 
Particulate influx over time will cause the pump slip to decrease, as 
reflected by lower values for M. Calibrations should be performed at 
pump start-up and after major maintenance to assure the stability of the 
pump slip rate. Analysis of mass injection data will also reflect pump 
slip stability.

[[Page 253]]

    (d) CFV calibration. (1) Calibration of the CFV is based upon the 
flow equation for a critical venturi. Gas flow is a function of inlet 
pressure and temperature:
[GRAPHIC] [TIFF OMITTED] TR06OC93.206


The calibration procedure described in paragraph (d)(3) of this section 
establishes the value of the calibration coefficient at measured values 
of pressure, temperature and air flow.
    (2) The manufacturer's recommended procedure shall be followed for 
calibrating electronic portions of the CFV.
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
               Parameter                        Symbol                    Units                 Tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected).......  Pb                      Inches Hg (kPa).........  [plusmn].01 in Hg
                                                                                           ([plusmn].034 kPa).
Air temperature, flowmeter............  ETI                      [deg]F ( [deg]C).......  [plusmn].25 [deg]F
                                                                                           ([plusmn].14 [deg]C).
Pressure depression upstream of LFE...  EPI                     Inches H2O (kPa)........  [plusmn].05 in H2O
                                                                                           ([plusmn].012 kPa).
Pressure drop across LFE matrix.......  EDP                     Inches H2O (kPa)........  [plusmn].005 in H2O
                                                                                           ([plusmn].001 kPa).
Air flow..............................  Qs                      Ft\3\/min. (m\3\/min,)..  [plusmn].5 pct.
CFV inlet depression..................  PPI                     Inches fluid (kPa)......  [plusmn].13 in fluid
                                                                                           ([plusmn].055 kPa).
Temperature at venturi inlet..........  Tv                       [deg]F ( [deg]C).......  [plusmn]0.5 [deg]F
                                                                                           ([plusmn]0.28
                                                                                           [deg]C).
Specific gravity of manometer fluid     Sp. Gr
 (1.75 oil).
----------------------------------------------------------------------------------------------------------------

    (4) Set up equipment as shown in Figure N84-7 and eliminate leaks. 
(Leaks between the flow measuring devices and the critical flow venturi 
will seriously affect the accuracy of the calibration.)
    (5) Set the variable flow restrictor to the open position, start the 
blower, and allow the system to stabilize. Record data from all 
instruments.
    (6) Vary the flow restrictor and make at least eight readings across 
the critical flow range of the venturi.
    (7) Data analysis. The data recorded during the calibration are to 
be used in the following calculations:
    (i) The air flow rate, Qs, at each test point is calculated in 
standard cubic feet per minute from the flow meter data using the 
manufacturer's prescribed method.
    (ii) Calculate values of the calibration coefficient for each test 
point:
[GRAPHIC] [TIFF OMITTED] TR06OC93.207

    (iii) Plot Kv as a function of venturi inlet pressure. 
For choked flow, Kv will have a relatively constant value. As 
pressure decreases (vacuum increases), the venturi becomes unchoked and 
Kv decreases. (See Figure N84-8.)

[[Page 254]]



    (iv) For a minimum of 8 points in the critical region calculate an 
average Kv and the standard deviation.
    (v) If the standard deviation exceeds 0.3 percent of the average 
Kv, take corrective action.
    (e) CVS system verification. The following ``gravimetric'' technique 
can be used to verify that the CVS and analytical instruments can 
accurately measure a mass of gas that has been injected into the system. 
(Verification can also be accomplished by constant flow metering using 
critical flow orifice devices.)
    (1) Obtain a small cylinder that has been charged with pure propane.
    (2) Determine the weight of the reference propane cylinder to an 
accuracy of [plusmn]0.2 percent or less of the actual amount of propane 
discharged into the system.
    (3) Operate the CVS in the normal manner and release a quantity of 
pure propane into the system during the sampling period (approximately 5 
minutes).
    (4) The calculations of Sec. 86.1342 are performed in the normal way 
except in the case of propane. The density of propane (17.30 g/
ft3/carbon atom (0.6109 kg/m3/carbon atom)) is 
used in place of the density of exhaust hydrocarbons.
    (5) The gravimetric mass is subtracted from the CVS measured mass 
and then divided by the gravimetric mass to determine the percent 
accuracy of the system.
    (6) Good engineering practice requires that the cause for any 
discrepancy greater than [plusmn] 2 percent must be found and corrected.

[48 FR 52210, Nov. 16, 1983, as amended at 49 FR 48144, Dec. 10, 1984; 
52 FR 47871, Dec. 16, 1987; 63 FR 24449, May 4, 1998]



Sec. 86.1319-90  CVS calibration.

    (a) The CVS is calibrated using an accurate flowmeter and restrictor 
valve. The flowmeter calibration shall be traceable to the NBS, and will 
serve as the reference value (NBS ``true'' value) for the CVS 
calibration. (Note: In no case should an upstream screen or other 
restriction which can affect the

[[Page 255]]

flow be used ahead of the flowmeter unless calibrated throughout the 
flow range with such a device.) The CVS calibration procedures are 
designed for use of a ``metering venturi'' type flowmeter. Large radius 
or ASME flow nozzles are considered equivalent if traceable to NBS 
measurements. Other measurement systems may be used if shown to be 
equivalent under the test conditions in this section and traceable to 
NBS measurements. Measurements of the various flowmeter parameters are 
recorded and related to flow through the CVS. Procedures used by EPA for 
both PDP-CVS and CFV-CVS are outlined below. Other procedures yielding 
equivalent results may be used if approved in advance by the 
Administrator.
    (b) After the calibration curve has been obtained, verification of 
the entire system may be performed by injecting a known mass of gas into 
the system and comparing the mass indicated by the system to the true 
mass injected. An indicated error does not necessarily mean that the 
calibration is wrong, since other factors can influence the accuracy of 
the system (e.g., analyzer calibration, leaks, or HC hangup). A 
verification procedure is found in paragraph (e) of this section.
    (c) PDP calibration. (1) The following calibration procedure 
outlines the equipment, the test configuration, and the various 
parameters which must be measured to establish the flow rate of the CVS 
pump.
    (i) All the parameters related to the pump are simultaneously 
measured with the parameters related to a flowmeter which is connected 
in series with the pump.
    (ii) The calculated flow rate, ft \3\/min, (at pump inlet absolute 
pressure and temperature) can then be plotted versus a correlation 
function which is the value of a specific combination of pump 
parameters.
    (iii) The linear equation which relates the pump flow and the 
correlation function is then determined.
    (iv) In the event that a CVS has a multiple speed drive, a 
calibration for each range used must be performed.
    (2) This calibration procedure is based on the measurement of the 
absolute values of the pump and flowmeter parameters that relate the 
flow rate at each point. Two conditions must be maintained to assure the 
accuracy and integrity of the calibration curve:
    (i) The temperature stability must be maintained during calibration. 
(Flowmeters are sensitive to inlet temperature oscillations; this can 
cause the data points to be scattered. Gradual changes in temperature 
are acceptable as long as they occur over a period of several minutes.)
    (ii) All connections and ducting between the flowmeter and the CVS 
pump must be absolutely void of leakage.
    (3) During an exhaust emission test the measurement of these same 
pump parameters enables the user to calculate the flow rate from the 
calibration equation.
    (4) Connect a system as shown in Figure N84-6. Although particular 
types of equipment are shown, other configurations that yield equivalent 
results may be used if approved in advance by the Administrator. For the 
system indicated, the following measurements and accuracies are 
required:

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
                                                                                              Sensor-readout
              Parameter                        Symbol                    Units                  tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)......  PB                      in. Hg (kPa).............  [plusmn]0.10 in. Hg
                                                                                           ([plusmn]0.340 kPa).
Ambient temperature..................  TA                       [deg]F ( [deg]C)........  [plusmn]0.5 [deg]F
                                                                                           ([plusmn]0.28
                                                                                           [deg]C).
Air temperature into metering venturi  ETI                      [deg]F ( [deg]C)........  [plusmn]2.0 [deg]F
                                                                                           ([plusmn]1.1 [deg]C).
Pressure drop between the inlet and    EDP                     in. H20 (kPa)............  [plusmn]0.05 in H2O
 throat of metering venturi.                                                               ([plusmn]0.012 kPa).
Air flow.............................  QS                      ft\3\/min (m3/min).......  [plusmn]0.5% of NBS
                                                                                           ``true'' value.

[[Page 256]]

 
Air temperature at CVS pump inlet....  PTI                      [deg]F ( [deg]C)........  [plusmn]2.0 [deg]F
                                                                                           ([plusmn]1.1 [deg]C).
Pressure depression at CVS pump inlet  PPI                     in. Fluid (kPa)..........  [plusmn]0.13 in. Fluid
                                                                                           ([plusmn]0.055 kPa).
Specific gravity of manometer fluid    Sp.Gr.                  .........................  .
 (1.75 oil).
Pressure head at CVS pump outlet.....  PPO                     in. Fluid (kPa)..........  [plusmn]0.13 in. Fluid
                                                                                           ([plusmn]0.055 kPa).
Air temperature at CVS pump outlet     PTO                      [deg]F ( [deg]C)........  [plusmn]2.0 [deg]F
 (optional).                                                                               ([plusmn]1.1 [deg]C).
Pump revolutions during test period..  N                       Revs.....................  [plusmn] 1 Rev..
Elapsed time for test period.........  t                       sec......................  [plusmn]0.5 sec.
----------------------------------------------------------------------------------------------------------------

    (5) After the system has been connected as shown in Figure N84-6, 
set the variable restrictor in the wide open position and run the CVS 
pump for 20 minutes. Record the calibration data.
    (6) Reset the restrictor valve to a more restricted condition in an 
increment of pump inlet depression that will yield a minimum of six data 
points for the total calibration. Allow the system to stabilize for 3 
minutes and repeat the data acquisition.
    (7) Data analysis:
    (i) The air flow rate, Qs, at each test point is 
calculated in standard cubic feet per minute (68[deg], 29.92 in. Hg.) 
from the flowmeter data using the manufacturer's prescribed method.
    (ii) The air flow rate is then converted to pump flow, 
Vo, in cubic feet per revolution at absolute pump inlet 
temperature and pressure:

Vo = (Qs[sol]n) x (Tp/528) x (29.92/
Pp)

Where:
    (A) Vo = Pump flow, ft\3\/rev (m\3\/rev) at 
Tp, Pp.
    (B) Qs = Meter air flow rate in standard cubic feet per 
minute, standard conditions are 68 [deg]F, 29.92 in. Hg (20 [deg]C, 
101.3 kPa).
    (C) n = Pump speed in revolutions per minute.
    (D) Tp = Pump inlet temperature [deg]R([deg]K) = PTI + 
460 ([deg]R), or = PTI + 273 ([deg]K).
    (E) Pp = Absolute pump inlet pressure, in. Hg. (kPa)
    = PB - PPI(Sp.Gr./13.5955) and
    = PB - PPI for SI units.

Where:
    (F) PB = barometric pressure, in. Hg. (kPa).
    (G) PPI = Pump inlet depression, in. fluid (kPa).
    (H) Sp.Gr. = Specific gravity of manometer fluid.
    (iii) The correlation function at each test point is then calculated 
from the calibration data:
[GRAPHIC] [TIFF OMITTED] TR06OC93.209


Where:
    (A) Xo = correlation function.
    (B) Dp = The pressure differential from pump inlet to 
pump outlet, in. Hg. (kPa).
    = Pe-Pp.
    (C) Pe = Absolute pump outlet pressure, in. Hg. (kPa)
    = PB + PPO (Sp.Gr./13.5955) and
    = PB + PPO for SI units.

Where:
    (D) PPO = Pressure head at pump outlet, in. fluid (kPa).
    (iv) A linear least squares fit is performed to generate the 
calibration equation which has the form:
    Vo = Do - M(Xo)
    Do and M are the intercept and slope constants, 
respectively, describing the regression line.
    (8) A CVS system that has multiple speeds should be calibrated on 
each speed used. The calibration curves generated for the ranges will be 
approximately parallel and the intercept values, Do, will 
increase as the pump flow range decreases.
    (9) If the calibration has been performed carefully, the calculated 
values from the equation will be within [plusmn]0.50 percent of the 
measured value of Vo.

[[Page 257]]

Values of M will vary from one pump to another, but values of 
Do for pumps of the same make, model and range should agree 
within [plusmn]3 percent of each other. Particulate influx over time 
will cause the pump slip to decrease, as reflected by lower values for 
M. Calibrations should be performed at pump start-up and after major 
maintenance to assure the stability of the pump slip rate. Analysis of 
mass injection data will also reflect pump slip stability.
    (d) CFV calibration. (1) Calibration of the CFV is based upon the 
flow equation for a critical venturi. Gas flow is a function of inlet 
pressure and temperature:
[GRAPHIC] [TIFF OMITTED] TR06OC93.210


Where:
    (i) Qs = flow.
    (ii) Kv = calibration coefficient.
    (iii) P = absolute pressure.
    (iv) T = absolute temperature.
    The calibration procedure described in paragraph (d)(3) of this 
section establishes the value of the calibration coefficient at measured 
values of pressure, temperature and air flow.
    (2) The manufacturer's recommended procedure shall be followed for 
calibrating electronic portions of the CFV.
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
             Parameter                     Symbol                Units              Sensor-readout tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)....  Pb                 in Hg (kPa)...........  [plusmn].01 in Hg ([plusmn].034
                                                                                 kPa).
Air temperature, into flowmeter....  ETI                [deg]F ([deg]C).......  [plusmn]0.5 [deg]F ([plusmn].28
                                                                                 [deg]C).
Pressure drop between the inlet and  EDP                Inches H2O (kPa)......  [plusmn]0.05 in H2O
 throat of metering venturi.                                                     ([plusmn].012 kPa).
Air flow...........................  Qs                 Ft3/min. (m3/min).....  [plusmn].5 % of NBS ``true''
                                                                                 value.
CFV inlet depression...............  PPI                Inches fluid (kPa)....  [plusmn].13 in fluid
                                                                                 ([plusmn].055 kPa).
CFV outlet pressure................  PPO                Inches Hg (kPa).......  [plusmn].05 in Hg ([plusmn].17
                                                                                 kPa) 1.
Temperature at venturi inlet.......  Tv                 [deg]F ([deg]C).......  [plusmn]4.0 [deg]F ([plusmn]2.22
                                                                                 [deg]C).
Specific gravity of manometer fluid  Sp. Gr
 (1.75 oil).
----------------------------------------------------------------------------------------------------------------
1 Requirement begins August 20, 2001.

    (4) Set up equipment as shown in Figure N84-7 and eliminate leaks. 
(Leaks between the flow measuring devices and the critical flow venturi 
will seriously affect the accuracy of the calibration.)
    (5) Set the variable flow restrictor to the open position, start the 
blower, and allow the system to stabilize. Record data from all 
instruments.
    (6) Vary the flow restrictor and make at least eight readings across 
the critical flow range of the venturi.
    (7) Data analysis. The data recorded during the calibration are to 
be used in the following calculations:
    (i) The air flow rate, Qs, at each test point is 
calculated in standard cubic feet per minute from the flow meter data 
using the manufacturer's prescribed method.
    (ii) Calculate values of the calibration coefficient for each test 
point:
[GRAPHIC] [TIFF OMITTED] TC07JA94.021


Where:
    (A) Qs = Flow rate in standard cubic feet per minute, at 
the standard conditions of 68 [deg]F, 29.92 in Hg (20 [deg]C, 101.3 
kPa).
    (B) Tv = Temperature at venturi inlet, [deg]R([deg]K).
    (C) Pv = Pressure at venturi inlet, in. Hg. (kPA)
     = PB - PPI (Sp.GR./13.5955), and
     = PB - PPI for SI units.

Where:
    (D) PPI = Venturi inlet pressure depression, in. fluid (kPa).
    (E) Sp.Gr. = Specific gravity of manometer fluid.
    (iii) Plot Kv as a function of venturi inlet pressure. 
For choked flow, Kv will have a relatively constant value. As 
pressure decreases (vacuum increases),

[[Page 258]]

the venturi becomes unchoked and Kv decreases. (See Figure 
N84-8.)
    (iv) For a minimum of 8 points in the critical region calculate an 
average Kv and the standard deviation.
    (v) If the standard deviation exceeds 0.3 percent of the average 
Kv, take corrective action.
    (8) Calculation of a parameter for monitoring sonic flow in the CFV 
during exhaust emissions tests:
    (i) Option 1. (A) CFV pressure ratio. Based upon the calibration 
data selected to meet the criteria for paragraphs (d)(7)(iv) and (v) of 
this section, in which Kv is constant, select the data values 
associated with the calibration point with the lowest absolute venturi 
inlet pressure. With this set of calibration data, calculated the 
following CFV pressure ratio limit, Prratio-lim:
[GRAPHIC] [TIFF OMITTED] TR18FE00.024


Where:
Pin-cal = Venturi inlet pressure (PPI in absolute pressure 
    units), and
Pout-cal = Venturi outlet pressure (PPO in absolute pressure 
    units), measured at the exit of the venturi diffuser outlet.

    (B) The venturi pressure ratio (Prratio-i) during all 
emissions tests must be less than, or equal to, the calibration pressure 
ratio limit (Prratio-lim) derived from the CFV calibration 
data, such that:
[GRAPHIC] [TIFF OMITTED] TR18FE00.025



Where:
Pin-i and Pout-i are the venturi inlet and outlet 
    pressures, in absolute pressure units, at each i-th interval during 
    the emissions test.

    (ii) Option 2. Other methods: With prior Administrator approval, any 
other method may be used that assure that the venturi operates at sonic 
conditions during emissions tests, provided the method is based upon 
sound engineering principles.
    (e) SSV calibration. (1) The calibration of the SSV located in the 
tunnel shall be conducted in a similar manner as the CFV or PDP 
calibration. Gas flow within the SSV is a function of inlet pressure, 
P1, the inlet temperature, T1, and the pressure 
drop between the throat and the inlet, DP. Note that the following 
procedure is consistent with SAE J244. The calibration procedure 
described in paragraph (e)(3) of this section establishes the values of 
the coefficients at measured values of pressure, temperature and 
airflow.
    (i) The flow rate for a subsonic venturi is calculated as a 
volumetric flow rate (Qs) or a mass flow rate (Qm) 
as follows: or
[GRAPHIC] [TIFF OMITTED] TR18JA01.011

[GRAPHIC] [TIFF OMITTED] TR18JA01.012

Where:
Kq = 0.0021074 (SI units).
Qs = Air Volume Flow, SCFM (m3/min).
Qm = Air Mass Flow, lbm/min (kg/min).
[rho]s = Density at Standard Conditions, lbm/ft3 
(kg/m3) as specified in paragraph (e)(1)(v) of this section.
[rho]s = Density at inlet conditions, lbm/ft3 (kg/
m3), as specified in paragraph (e)(1)(iii) of this section.
Cd = Coefficient of Discharge = Actual Air Flow/Theoretical 
Air Flow.
Y = Expansion factor, as specified in paragraph (e)(1)(ii) of this 
section.
d = Throat diameter, inch (mm).
[beta] = Ratio of venturi throat diameter to approach pipe diameter.
[Delta]P = Pressure drop between inlet and throat, in. H2O 
(kPa).

    (ii) The expansion factor (Y) is calculated as follows:

[[Page 259]]

[GRAPHIC] [TIFF OMITTED] TR18JA01.013

    (iii) The inlet density ([rho]1) is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18JA01.068
    
Where:
Pabs = P1+PB
Tabs = T1 + 2731
Rmix = Ru/[bond]MWmix
Ru = 8.3144 kJ/kg-mole-K
MWmix = the molecular weight of the mix, as calculated in 
paragraph (e)(1)(iv) of this section.

    (iv) The molecular weight of the mix, is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18JA01.014
    
Where:
PV = Vapor pressure, in Hg (kPa)
MWAIR = 28.964 kg/kg-mole
MWH20 = 18.015 kg/kg-mole

    (v) The density at standard conditions of 101.33 kPa and 20 [deg]C 
is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18JA01.015

    (2) The venturi manufacturer's recommended procedure shall be 
followed for calibrating electronic portions of the SSV.
    (3) Measurements necessary for flow calibration of the SSV are as 
follows:

                                          Calibration Data Measurement
----------------------------------------------------------------------------------------------------------------
             Parameter                      Sym                  Units                      Tolerance
----------------------------------------------------------------------------------------------------------------
(i) Barometric pressure (corrected   PB                 in. Hg (kPa)...........  [plusmn] .01in. Hg ([plusmn]
 to 32 [deg]F).                                                                   .034kPa)
(ii) Air temperature, into           ETI                 [deg]F ( [deg]C)......  [plusmn].5 [deg]F (.28 [deg]C)
 calibration venturi.
(iii) Pressure drop between the      EDP                in. H2O (kPA)..........  [plusmn] .05 in. H2O
 inlet and throat of calibration                                                  ([plusmn].012kPa)
 venturi (corrected to 68 [deg]F)..

[[Page 260]]

 
(iv) Air Flow......................  QS                 Std ft\3\/min (m\3\/     [plusmn] 5% of NIST ``true''
                                                         min).                    value
(v) SSV inlet depression...........  P1                 in. H2O (kPa)..........  [plusmn] .23 in. H2O
                                                                                  ([plusmn].057kPa)
(vi) Pressure drop between the       DP                 in. H2O (kPa)..........  [plusmn].05 in. H2O
 inlet and throat of SSV.                                                         ([plusmn].012kPa)
(vii) Water vapor pressure of inlet  PV                 in. Hg (kPa)...........  [plusmn].10 in. Hg ([plusmn]
 air.                                                                             .34kPa)
(vii) Temperature at SSV inlet.....  T1                  [deg]F ( [deg]C)......  [plusmn]4.0 [deg]F (2.2 [deg]C)
----------------------------------------------------------------------------------------------------------------

    (4) Set up equipment similar to CFV or PDP calibration except the 
variable flow restrictor valve can be deleted or set in the open 
position, and the pressure drop reading device must be added. The 
calibration test must be conducted with the test subsonic venturi in 
place in its permanent position. Any subsequent changes in upstream or 
downstream configuration could cause a shift in calibration. Leaks 
between the calibration metering device and the SSV must be eliminated.
    (5) Adjust the variable flow blower or restrictor valve to its 
maximum in-use flow rate. Allow the system to stabilize and record data 
from all instruments. Be sure to avoid choke condition.
    (6) Vary the flow through a minimum of eight steps covering the 
intended in-use operating range of the SSV.
    (7) Data analyses. If the calibration venturi is used at the tunnel 
inlet (free standing), then assume a value of [beta]=0. If the SSV 
installed in the CVS tunnel, use the actual inside tunnel diameter and 
the throat diameter to compute [beta].
    (i) Assume an initial value for Cd = 0.98 to calculate Qm 
for the calculation of Reynolds number, Re,:
[GRAPHIC] [TIFF OMITTED] TR18JA01.016

Where: [mu] = viscosity of air, centipoise
[GRAPHIC] [TIFF OMITTED] TR18JA01.017

K[mu]=1.458E-3
TK=(T1 [deg]C+273.16)

    (ii) From the initial calibration of the venturi, establish an 
equation of Cd as a function of Re. The following functional forms 
should be reviewed, but a power series, least-squares fit polynomial 
equation may result in the best fit. Many factors involved in the 
installation of SSV and the operating range of the Reynolds number can 
affect the functional relationship of the Cd with Re. Calculate Cd based 
on this initial equation of Re. Compute a final Qm based on 
this calculated Cd for both the calibration nozzle and the inline SSV.
    (8)(i) Compute the percent difference in air flow between the 
calibration venturi and the inline SSV. If the difference in percent of 
point is greater than 1%, compute a new Cd and Re for the in-tunnel 
venturi as follows:

Cdnew=Actual Air Flow/Theoretical Air Flow=Qmact /
    Qmtheo
    [GRAPHIC] [TIFF OMITTED] TR18JA01.018
    
    (ii) Qmact is flow measured by the calibration venturi 
and Qmtheo is the theoretical calculated flow based on the 
in-tunnel SSV conditions with Cd set equal to 1. Renew is 
based on the calibrated venturi flow, but the in-tunnel SSV properties. 
Recalculate a new curve fit of Cdnew for the inline venturi 
as a function of Renew following the guidelines in paragraph 
(e)(7) of this section. Agreement of the fit should be within 1.0% of 
point. Install the new Cd curve fit in the test cell flow computing 
device and conduct the propane injection, flow verification test.
    (f) CVS system verification. The following ``gravimetric'' technique 
can be used to verify that the CVS and analytical instruments can 
accurately measure a mass of gas that has been injected into the system. 
(Verification can also be accomplished by constant flow metering using 
critical flow orifice devices.)
    (1) Obtain a small cylinder that has been charged with pure propane 
or carbon monoxide gas (CAUTION--carbon monoxide is poisonous).

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    (2) Determine a reference cylinder weight to the nearest 0.01 grams.
    (3) Operate the CVS in the normal manner and release a quantity of 
pure propane into the system during the sampling period (approximately 5 
minutes).
    (4) Following completion of step (3) above (if methanol injection is 
required), continue to operate the CVS in the normal manner and release 
a known quantity of pure methanol (in gaseous form) into the system 
during the sampling period (approximately five minutes). This step does 
not need to be performed with each verification, provided that it is 
performed at least twice annually.
    (5) The calculations of Sec. 86.1342 are performed in the normal way 
except in the case of propane. The density of propane (17.30 g/ft\3\/
carbon atom (0.6109 kg/m\3\/carbon atom)) is used in place of the 
density of exhaust hydrocarbons. In the case of methanol, the density of 
37.71 g/ft\3\ (1.332 kg/m\3\) is used.
    (6) The gravimetric mass is subtracted from the CVS measured mass 
and then divided by the gravimetric mass to determine the percent 
accuracy of the system.
    (7) The cause for any discrepancy greater than [plusmn]2 percent 
must be found and corrected. (For 1991-1995 calendar years, 
discrepancies greater than [plusmn]2 percent are allowed for the 
methanol test, provided that they do not exceed [plusmn]6 percent.)
    (8) The Administrator, upon request, may waive the requirement to 
comply with [plusmn]2 percent methanol recovery tolerance, and instead 
require compliance with a higher tolerance (not to exceed [plusmn]6 
percent), provided that:
    (i) The Administrator determines that compliance with these 
specified tolerances is not practically feasible; and
    (ii) The manufacturer makes information available to the 
Administrator which indicates that the calibration tests and their 
results are consistent with good laboratory practice, and that the 
results are consistent with the results of calibration testing conducted 
by the Administrator.

[54 FR 14591, Apr. 11, 1989, as amended at 60 FR 34371, June 30, 1995; 
63 FR 24449, May 4, 1998; 65 FR 8279, Feb. 18, 2000; 66 FR 5181, Jan. 
18, 2001]



Sec. 86.1320-90  Gas meter or flow instrumentation calibration; particulate, methanol, and formaldehyde measurement.

    (a) Sampling for particulate, methanol and formaldehyde emissions 
requires the use of gas meters or flow instrumentation to determine flow 
through the particulate filters, methanol impingers and formaldehyde 
impingers. These instruments shall receive initial and periodic 
calibrations as follows:
    (1)(i) Install a calibration device in series with the instrument. A 
critical flow orifice, a bellmouth nozzle, or a laminar flow element or 
an NBS traceable flow calibration device is required as the standard 
device.
    (ii) The flow system should be checked for leaks between the 
calibration and sampling meters, including any pumps that may be part of 
the system, using good engineering practice.
    (2) Flow air through the calibration system at the sample flow rate 
used for particulate, methanol, and formaldehyde testing and at the 
backpressure which occurs during the sample test.
    (3) When the temperature and pressure in the system have stabilized, 
measure the indicated gas volume over a time period of at least five 
minutes or until a gas volume of at least [plusmn]1 percent accuracy can 
be determined by the standard device. Record the stabilized air 
temperature and pressure upstream of the instrument and as required for 
the standard device.
    (4) Calculate air flow at standard conditions as measured by both 
the standard device and the instrument(s). (Standard conditions are 
defined as 68 [deg]F (20 [deg]C) and 29.92 in Hg (101.3 kPa).)
    (5) Repeat the procedures of paragraphs (a) (2) through (4) of this 
section using at least two flow rates which bracket the typical 
operating range.

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    (6) If the air flow at standard conditions measured by the 
instrument differs by [plusmn]1.0 percent of the maximum operating range 
or [plusmn]2.0 percent of the point (whichever is smaller), then a 
correction shall be made by either of the following two methods:
    (i) Mechanically adjust the instrument so that it agrees with the 
calibration measurement at the specified flow rates using the criteria 
of paragraph (a)(6) of this section, or
    (ii) Develop a continuous best fit calibration curve for the 
instrument (as a function of the calibration device flow measurement) 
from the calibration points to determine corrected flow. The points on 
the calibration curve relative to the calibration device measurements 
must be within [plusmn]1.0 percent of the maximum operating range of 
[plusmn]2.0 percent of the point (whichever is smaller).
    (7) For double dilution systems, the accuracy of the secondary 
dilution flow measurement device should be within [plusmn]1.0 percent of 
the total flow through the filter.
    (b) Other systems. A bell prover may be used to calibrate the 
instrument if the procedure outlined in ANSI B109.1-1973 is used. Prior 
approval by the Administrator is not required to use the bell prover.

[54 FR 14593, Apr. 11, 1989]



Sec. 86.1321-90  Hydrocarbon analyzer calibration.

    The FID hydrocarbon analyzer shall receive the following initial and 
periodic calibration. The HFID used with petroleum-fueled diesel engines 
shall be operated to a set point [plusmn]10 [deg]F ([plusmn]5.5 [deg]C) 
between 365 and 385 [deg]F (185 and 197 [deg]C). The HFID used with 
methanol-fueled engines shall be operated at 235[plusmn]15 [deg]F 
(113[plusmn]8 [deg]C).
    (a) Initial and periodic optimization of detector response. Prior to 
introduction into service and at least annually thereafter, the FID 
hydrocarbon analyzer shall be adjusted for optimum hydrocarbon response.
    (1) Follow good engineering practices for initial instrument start-
up and basic operating adjustment using the appropriate fuel (see 
Sec. 86.1314) and zero-grade air.
    (2) Optimize the FID's response on the most common operating range. 
The response is to be optimized with respect to fuel pressure or flow 
while meeting the analyzer response time given in 
Sec. 86.1310(b)(3)(vii)(A) for continuous HC measurement. Efforts shall 
be made to minimize response variations to different hydrocarbon species 
that are expected to be in the exhaust. Good engineering judgement is to 
be used to trade off optimal FID response to propane-in-air against 
reductions in relative responses to other hydrocarbons. A good example 
of trading off response on propane for relative responses to other 
hydrocarbon species is given in Society of Automotive Engineers (SAE) 
Paper No. 770141, ``Optimization of Flame Ionization Detector for 
Determination of Hydrocarbon in Diluted Automotive Exhausts''; author 
Glenn D. Reschke. It is also required that the response be set to 
optimum condition with respect to air flow and sample flow. Heated Flame 
Ionization Detectors (HFIDs) must be at their specified operating 
temperature.
    (3) One of the following procedures is to be used for FID or HFID 
optimization:
    (i) Use the procedures outlined in Society of Automotive Engineers 
(SAE) paper No. 770141, ``Optimization of Flame Ionization Detector for 
Determination of Hydrocarbons in Diluted Automobile Exhaust''; author, 
Glenn D. Reschke, as an example.
    (ii) The HFID optimization procedures outlined in 40 CFR part 86, 
subpart D, Sec. 86.331-79(c).
    (iii) Alternative procedures may be used if approved in advance by 
the Administrator.
    (iv) The procedures specified by the manufacturer of the FID or 
HFID.
    (4) After the optimum fuel, air, and sample pressures or flow rates 
have been determined, they shall be recorded for future reference.
    (b) Initial and periodic calibration. Prior to introduction into 
service and monthly thereafter, the FID or HFID hydrocarbon analyzer 
shall be calibrated on all normally used instrument ranges. Use the same 
flow rate and pressures as when analyzing samples. Calibration gases 
shall be introduced directly at the analyzer, unless the

[[Page 263]]

``overflow'' calibration option of Sec. 86.1310(b)(3)(i) for the HFID is 
taken.
    (1) Adjust analyzer to optimize performance.
    (2) Zero the hydrocarbon analyzer with zero-grade air.
    (3) Calibrate on each used operating range with a minimum of 6, 
approximately equally spaced, propane-in-air calibration gases (e.g., 
15, 30, 45, 60, 75, and 90 percent of that range). For each range 
calibrated, if the deviation from a least-squares best-fit straight line 
is within [plusmn]2 percent of the value at each non-zero data point and 
within [plusmn]0.3 percent of full scale on the zero data point, then 
concentration values may be calculated by using the linear calibration 
equation for that range. If the deviation exceeds these limits, then the 
best-fit non-linear equation which represents the data within these 
limits shall be used to determine c