[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2004 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Part 86 (Sec. Sec. 86.1--86.599-99)
Revised as of July 1, 2004
Protection of Environment
________________________
Containing a codification of documents of general
applicability and future effect
As of July 1, 2004
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 : 2004
For sale by the Superintendent of Documents, U.S. Government Printing
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency 3
Finding Aids:
Material Approved for Incorporation by Reference........ 699
Table of CFR Titles and Chapters........................ 703
Alphabetical List of Agencies Appearing in the CFR...... 721
List of CFR Sections Affected........................... 731
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 86.1 refers
to title 40, part 86,
section 1.
----------------------------
[[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
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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EFFECTIVE AND EXPIRATION DATES
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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
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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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
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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
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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) 741-6010.
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
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the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2004.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty 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 (63.1200-63.1439),
part 63 (63.1440-63.8830), part 63 (63.8980-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, 2004.
Chapter I--Environmental Protection Agency appears in all thirty
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in
parts 150-189. 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.
For this volume, Robert J. Sheehan was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 86, Sec. Sec. 86.1--86.599-99)
--------------------------------------------------------------------
Part
chapter i--Environmental Protection Agency (Continued)...... 86
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: 1. Subchapter C--Air programs is contained in volumes
40 CFR parts 50-51, part 52.01-52.1018, part 52.1019-end, parts 53-59,
part 60, parts 61-62, part 63 (63.1-63.599), part 63 (63.600-63.1199),
part (63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86
(86.1-86.599-99), part 86 (86.600-1 to end) and parts 87-99.
2. 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--Table of Contents
Sec.
86.1 Reference materials.
Subpart A_General Provisions for Emission Regulations for 1977 and Later
Model Year New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty
Engines, and for 1985 and Later Model Year New Gasoline Fueled, Natural
Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled Heavy-
Duty Vehicles
86.000-2 Definitions.
86.000-3 Abbreviations.
86.000-7 Maintenance of records; submittal of information; right of
entry.
86.000-8 Emission standards for 2000 and later model year light-duty
vehicles.
86.000-9 Emission standards for 2000 and later model year light-duty
trucks.
86.000-15 NOX and particulate averaging, trading, and banking
for heavy-duty engines.
86.000-16 Prohibition of defeat devices.
86.000-21 Application for certification.
86.000-23 Required data.
86.000-24 Test vehicles and engines.
86.000-25 Maintenance.
86.000-26 Mileage and service accumulation; emission measurements.
86.000-28 Compliance with emission standards.
86.001-1 General applicability.
86.001-2 Definitions.
86.001-9 Emission standards for 2001 and later model year light-duty
trucks.
86.001-21 Application for certification.
86.001-22 Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment
for certification and Selective Enforcement Audit, adequacy of
limits, and physically adjustable ranges.
86.001-23 Required data.
86.001-24 Test vehicles and engines.
86.001-25 Maintenance.
86.001-26 Mileage and service accumulation; emission measurements.
86.001-28 Compliance with emission standards.
86.001-30 Certification.
86.001-35 Labeling.
86.004-2 Definitions.
86.004-9 Emission standards for 2004 and later model year light-duty
trucks.
86.004-11 Emission standards for 2004 and later model year diesel heavy-
duty engines and vehicles.
86.004-15 NOX plus NMHC and particulate averaging, trading,
and banking for heavy-duty engines.
86.004-16 Prohibition of defeat devices.
86.004-21 Application for certification.
86.004-25 Maintenance.
86.004-26 Mileage and service accumulation; emission measurements.
86.004-28 Compliance with emission standards.
86.004-30 Certification.
86.004-38 Maintenance instructions.
86.004-40 Heavy-duty engine rebuilding practices.
86.005-1 General applicability.
86.005-10 Emission standards for 2005 and later model year Otto-cycle
heavy-duty engines and vehicles.
86.005-17 On-board diagnostics.
86.007-11 Emission standards and supplemental requirements for 2007 and
later model year diesel heavy-duty engines and vehicles.
86.007-15 NOX and particulate averaging, trading, and banking
for heavy-duty engines.
86.007-21 Application for certification.
86.007-23 Required data.
86.007-25 Maintenance.
86.007-35 Labeling.
86.007-38 Maintenance instructions.
86.008-10 Emission standards for 2008 and later model year Otto-cycle
heavy-duty engines and vehicles.
86.078-3 Abbreviations.
86.078-6 Hearings on certification.
86.079-31 Separate certification.
86.079-32 Addition of a vehicle or engine after certification.
86.079-33 Changes to a vehicle or engine covered by certification.
86.079-36 Submission of vehicle identification numbers.
86.079-39 Submission of maintenance instructions.
86.080-12 Alternative certification procedures.
86.082-2 Definitions.
86.082-34 Alternative procedure for notification of additions and
changes.
86.084-2 Definitions.
86.084-4 Section numbering; construction.
86.084-40 Automatic expiration of reporting and recordkeeping
requirements.
86.085-1 General applicability.
86.085-2 Definitions.
86.085-13 Alternative Durability Program.
86.085-20 Incomplete vehicles, classification.
86.085-37 Production vehicles and engines.
86.087-2 Definitions.
[[Page 6]]
86.087-38 Maintenance instructions.
86.088-2 Definitions.
86.088-10 Emission standards for 1988 and 1989 model year gasoline-
fueled heavy-duty engines and vehicles.
86.090-1 General applicability.
86.090-2 Definitions.
86.090-3 Abbreviations.
86.090-5 General standards; increase in emissions; unsafe conditions.
86.090-8 Emission standards for 1990 and later model year light-duty
vehicles.
86.090-9 Emission standards for 1990 and later model year light-duty
trucks.
86.090-14 Small-volume manufacturers certification procedures.
86.090-21 Application for certification.
86.090-22 Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment
for certification and Selective Enforcement Audit, adequacy of
limits, and physically adjustable ranges.
86.090-24 Test vehicles and engines.
86.090-25 Maintenance.
86.090-26 Mileage and service accumulation; emission requirements.
86.090-27 Special test procedures.
86.091-2 Definitions.
86.091-7 Maintenance of records; submittal of information; right of
entry.
86.091-9 Emission standards for 1991 and later model year light-duty
trucks.
86.091-10 Emission standards for 1991 and later model year Otto-cycle
heavy-duty engines and vehicles.
86.091-11 Emission standards for 1991 and later model year diesel heavy-
duty engines.
86.091-15 NOX and particulate averaging, trading, and banking
for heavy-duty engines.
86.091-21 Application for certification.
86.091-23 Required data.
86.091-28 Compliance with emission standards.
86.091-29 Testing by the Administrator.
86.091-30 Certification.
86.091-35 Labeling.
86.092-1 General applicability.
86.092-2 Definitions.
86.092-14 Small-volume manufacturers certification procedures.
86.092-15 NOX and particulate averaging, trading, and banking
for heavy-duty engines.
86.092-23 Required data.
86.092-24 Test vehicles and engines.
86.092-26 Mileage and service accumulation; emission measurements.
86.092-35 Labeling.
86.093-2 Definitions.
86.093-11 Emission standards for 1993 and later model year diesel heavy-
duty engines.
86.093-35 Labeling.
86.094-1 General applicability.
86.094-2 Definitions.
86.094-3 Abbreviations.
86.094-7 Maintenance of records; submittal of information; right of
entry.
86.094-8 Emission standards for 1994 and later model year light-duty
vehicles.
86.094-9 Emission standards for 1994 and later model year light-duty
trucks.
86.094-11 Emission standards for 1994 and later model year diesel heavy-
duty engines and vehicles.
86.094-13 Light-duty exhaust durability programs.
86.094-14 Small-volume manufacturers certification procedures.
86.094-15 NOX and particulate averaging, trading, and banking
for heavy-duty engines.
86.094-16 Prohibition of defeat devices.
86.094-17 Emission control diagnostic system for 1994 and later light-
duty vehicles and light-duty trucks.
86.094-21 Application for certification.
86.094-22 Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment
for certification and Selective Enforcement Audit, adequacy of
limits, and physically adjustable ranges.
86.094-23 Required data.
86.094-24 Test vehicles and engines.
86.094-25 Maintenance.
86.094-26 Mileage and service accumulation; emission requirements.
86.094-28 Compliance with emission standards.
86.094-30 Certification.
86.094-35 Labeling.
86.094-38 Maintenance instructions.
86.095-14 Small-volume manufacturers certification procedures.
86.095-23 Required data.
86.095-24 Test vehicles and engines.
86.095-26 Mileage and service accumulation; emission measurements.
86.095-30 Certification.
86.095-35 Labeling.
86.096-2 Definitions.
86.096-3 Abbreviations.
86.096-7 Maintenance of records; submittal of information; right of
entry.
86.096-8 Emission standards for 1996 and later model year light-duty
vehicles.
86.096-9 Emission standards for 1996 and later model year light-duty
trucks.
86.096-10 Emission standards for 1996 and later model year Otto-cycle
heavy-duty engines and vehicles.
86.096-11 Emission standards for 1996 and later model year diesel heavy-
duty engines and vehicles.
86.096-14 Small-volume manufacturer certification procedures.
86.096-21 Application for certification.
86.096-23 Required data.
86.096-24 Test vehicles and engines.
[[Page 7]]
86.096-26 Mileage and service accumulation; emission measurements.
86.096-30 Certification.
86.096-35 Labeling.
86.096-38 Maintenance instructions.
86.097-9 Emission standards for 1997 and later model year light-duty
trucks.
86.098-2 Definitions.
86.098-3 Abbreviations.
86.098-7 Maintenance of records; submittal of information; right of
entry.
86.098-8 Emission standards for 1998 and later model year light-duty
vehicles.
86.098-10 Emission standards for 1998 and later model year Otto-cycle
heavy-duty engines and vehicles.
86.098-11 Emission standards for 1998 and later model year diesel heavy-
duty engines and vehicles.
86.098-14 Small-volume manufacturers certification procedures.
86.098-15 NOX and particulate averaging, trading, and banking
for heavy-duty engines.
86.098-17 Emission control diagnostic system for 1998 and later light-
duty vehicles and light-duty trucks.
86.098-21 Application for certification.
86.098-22 Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment
for certification and Selective Enforcement Audit, adequacy of
limits, and physically adjustable ranges.
86.098-23 Required data.
86.098-24 Test vehicles and engines.
86.098-25 Maintenance.
86.098-26 Mileage and service accumulation; emission measurements.
86.098-28 Compliance with emission standards.
86.098-30 Certification.
86.098-35 Labeling.
86.099-1 General applicability.
86.099-8 Emission standards for 1999 and later model year light-duty
vehicles.
86.099-9 Emission standards for 1999 and later model year light-duty
trucks.
86.099-10 Emission standards for 1999 and later model year Otto-cycle
heavy-duty engines and vehicles.
86.099-11 Emission standards for 1999 and later model year diesel heavy-
duty engines and vehicles.
86.099-17 Emission control diagnostic system for 1999 and later light-
duty vehicles and light-duty trucks.
86.099-30 Certification.
Subpart B_Emission Regulations for 1977 and Later Model Year New Light-
Duty Vehicles and New Light-Duty Trucks and New Otto-Cycle Complete
Heavy-Duty Vehicles; Test Procedures
86.101 General applicability.
86.102 Definitions.
86.103 Abbreviations.
86.104 Section numbering; construction.
86.105 Introduction; structure of subpart.
86.106-00 Equipment required; overview.
86.106-90 Equipment required; overview.
86.106-94 Equipment required; overview.
86.106-96 Equipment required; overview.
86.107-90 Sampling and analytical system; evaporative emissions.
86.107-96 Sampling and analytical systems; evaporative emissions.
86.107-98 Sampling and analytical system.
86.108-00 Dynamometer.
86.108-79 Dynamometer.
86.109-90 Exhaust gas sampling system; Otto-cycle vehicles.
86.109-94 Exhaust gas sampling system; Otto-cycle vehicles not requiring
particulate emission measurements.
86.110-90 Exhaust gas sampling system; diesel vehicles.
86.110-94 Exhaust gas sampling system; diesel-cycle vehicles, and Otto-
cycle vehicles requiring particulate emissions measurements.
86.111-90 Exhaust gas analytical system.
86.111-94 Exhaust gas analytical system.
86.112-91 Weighing chamber (or room) and microgram balance
specifications.
86.113-04 Fuel specifications.
86.113-07 Fuel specifications.
86.113-91 Fuel specifications.
86.113-94 Fuel specifications.
86.114-79 Analytical gases.
86.114-94 Analytical gases.
86.115-00 EPA urban dynamometer driving schedules.
86.115-78 EPA urban dynamometer driving schedule.
86.116-90 Calibrations, frequency and overview.
86.116-94 Calibrations, frequency and overview.
86.117-90 Evaporative emission enclosure calibrations.
86.117-96 Evaporative emission enclosure calibrations.
86.118-00 Dynamometer calibrations.
86.118-78 Dynamometer calibration.
86.119-90 CVS calibration.
86.120-82 Gas meter or flow instrumentation calibration; particulate
measurement.
86.120-94 Gas meter or flow instrumentation calibration; particulate,
methanol and formaldehyde measurement.
86.121-82 Hydrocarbon analyzer calibration.
86.121-90 Hydrocarbon analyzer calibration.
86.122-78 Carbon monoxide analyzer calibration.
86.123-78 Oxides of nitrogen analyzer calibration.
86.124-78 Carbon dioxide analyzer calibration.
86.125-94 Methane analyzer calibration.
86.126-90 Calibration of other equipment.
86.127-00 Test procedures; overview.
86.127-90 Test procedures; overview.
[[Page 8]]
86.127-94 Test procedures; overview.
86.127-96 Test procedures; overview.
86.128-00 Transmissions.
86.128-79 Transmissions.
86.129-00 Road load power, test weight, and inertia weight class
determination.
86.129-80 Road load power, test weight, and inertia weight class
determination.
86.129-94 Road load power, test weight, inertia weight class
determination, and fuel temperature profile.
86.130-00 Test sequence; general requirements.
86.130-78 Test sequence; general requirements.
86.130-96 Test sequence; general requirements.
86.131-00 Vehicle preparation.
86.131-90 Vehicle preparation.
86.131-96 Vehicle preparation.
86.132-00 Vehicle preconditioning.
86.132-90 Vehicle preconditioning.
86.132-96 Vehicle preconditioning.
86.133-90 Diurnal breathing loss test.
86.133-96 Diurnal emission test.
86.134-96 Running loss test.
86.135-00 Dynamometer procedure.
86.135-90 Dynamometer procedure.
86.135-94 Dynamometer procedure.
86.136-90 Engine starting and restarting.
86.137-90 Dynamometer test run, gaseous and particulate emissions.
86.137-94 Dynamometer test run, gaseous and particulate emissions.
86.137-96 Dynamometer test run, gaseous and particulate emissions.
86.138-90 Hot-soak test.
86.138-96 Hot soak test.
86.139-90 Particulate filter handling and weighing.
86.140-82 Exhaust sample analysis.
86.140-90 Exhaust sample analysis.
86.140-94 Exhaust sample analysis.
86.142-90 Records required.
86.143-90 Calculations; evaporative emissions.
86.143-96 Calculations; evaporative emissions.
86.144-90 Calculations; exhaust emissions.
86.144-94 Calculations; exhaust emissions.
86.145-82 Calculations; particulate emissions.
86.146-96 Fuel dispensing spitback procedure.
86.150-98 Refueling test procedure; overview.
86.151-98 General requirements; refueling test.
86.152-98 Vehicle preparation; refueling test.
86.153-98 Vehicle and canister preconditioning; refueling test.
86.154-98 Measurement procedure; refueling test.
86.155-98 Records required; refueling test.
86.156-98 Calculations; refueling test.
86.157-98 Refueling test procedures for liquefied petroleum gas-fueled
vehicles.
86.158-00 Supplemental Federal Test Procedures; overview.
86.159-00 Exhaust emission test procedures for US06 emissions.
86.160-00 Exhaust emission test procedure for SC03 emissions.
86.161-00 Air conditioning environmental test facility ambient
requirements.
86.162-00 Approval of alternative air conditioning test simulations and
descriptions of AC1 and AC2.
86.162-03 Approval of alternative air conditioning test simulations.
86.163-00 Spot check correlation procedures for vehicles tested using a
simulation of the environmental test cell for air conditioning
emission testing.
86.164-00 Supplemental Federal Test Procedure calculations.
Subpart C_Emission Regulations for 1994 and Later Model Year Gasoline-
Fueled New Light-Duty Vehicles, New Light-Duty Trucks and New Medium-
Duty Passenger Vehicles; Cold Temperature Test Procedures
86.201-94 General applicability.
86.202-94 Definitions.
86.203-94 Abbreviations.
86.204-94 Section numbering; construction.
86.205-94 Introduction; structure of this subpart.
86.206-94 Equipment required; overview.
86.207-94 [Reserved]
86.208-94 Dynamometer.
86.209-94 Exhaust gas sampling system; gasoline-fueled vehicles.
86.210-94 [Reserved]
86.211-94 Exhaust gas analytical system.
86.212-94 [Reserved]
86.213-04 Fuel specifications.
86.213-94 Fuel specifications.
86.214-94 Analytical gases.
86.215-94 EPA urban dynamometer driving schedule.
86.216-94 Calibrations, frequency and overview.
86.217-94 [Reserved]
86.218-94 Dynamometer calibration.
86.219-94 CVS calibration.
86.220-94 [Reserved]
86.221-94 Hydrocarbon analyzer calibration.
86.222-94 Carbon monoxide analyzer calibration.
86.223-94 Oxides of nitrogen analyzer calibration.
86.224-94 Carbon dioxide analyzer calibration.
86.225-94 [Reserved]
86.226-94 Calibration of other equipment.
86.227-94 Test procedures; overview.
86.228-94 Transmissions.
86.229-94 Road load force, test weight, and inertia weight class
determination.
86.230-94 Test sequence; general requirements.
[[Page 9]]
86.231-94 Vehicle preparation.
86.232-94 Vehicle preconditioning.
86.233-94--86.234-94 [Reserved]
86.235-94 Dynamometer procedure.
86.236-94 Engine starting and restarting.
86.237-94 Dynamometer test run, gaseous emissions.
86.238-94--86.239-94 [Reserved]
86.240-94 Exhaust sample analysis.
86.241-94 [Reserved]
86.242-94 Records required.
86.243-94 [Reserved]
86.244-94 Calculations; exhaust emissions.
86.245-94 [Reserved]
86.246-94 Intermediate temperature testing.
Subpart D_Emission Regulations for New Gasoline-Fueled and Diesel-Fueled
Heavy-Duty Engines; Gaseous Exhaust Test Procedures
86.301-79 Scope; applicability.
86.302-79 Definitions.
86.303-79 Abbreviations.
86.304-79 Section numbering; construction.
86.305-79 Introduction; structure of subpart.
86.306-79 Equipment required and specifications; overview.
86.307-82 Fuel specifications.
86.308-79 Gas specifications.
86.309-79 Sampling and analytical system; schematic drawing.
86.310-79 Sampling and analytical system; component specifications.
86.311-79 Miscellaneous equipment; specifications.
86.312-79 Dynamometer and engine equipment specifications.
86.313-79 Air flow measurement specifications; diesel engines.
86.314-79 Fuel flow measurement specifications.
86.315-79 General analyzer specifications.
86.316-79 Carbon monoxide and carbon dioxide analyzer specifications.
86.317-79 Hydrocarbon analyzer specifications.
86.318-79 Oxides of nitrogen analyzer specifications.
86.319-79 Analyzer checks and calibrations; frequency and overview.
86.320-79 Analyzer bench check.
86.321-79 NDIR water rejection ratio check.
86.322-79 NDIR CO2 rejection ratio check.
86.327-79 Quench check; NOX analyzer.
86.328-79 Leak checks.
86.329-79 System response time; check procedure.
86.330-79 NDIR analyzer calibration.
86.331-79 Hydrocarbon analyzer calibration.
86.332-79 Oxides of nitrogen analyzer calibration.
86.333-79 Dynamometer calibration.
86.334-79 Test procedure overview.
86.335-79 Gasoline-fueled engine test cycle.
86.336-79 Diesel engine test cycle.
86.337-79 Information.
86.338-79 Exhaust measurement accuracy.
86.339-79 Pre-test procedures.
86.340-79 Gasoline-fueled engine dynamometer test run.
86.341-79 Diesel engine dynamometer test run.
86.342-79 Post-test procedures.
86.343-79 Chart reading.
86.344-79 Humidity calculations.
86.345-79 Emission calculations.
86.346-79 Alternative NOX measurement technique.
86.347-79 Alternative calculations for diesel engines.
86.348-79 Alternative to fuel H/C analysis.
Subpart E_Emission Regulations for 1978 and Later New Motorcycles,
General Provisions
86.401-90 General applicability.
86.401-97 General applicability.
86.401-2006 General applicability.
86.402-78 Definitions.
86.402-98 Definitions.
86.403-78 Abbreviations.
86.404-78 Section numbering.
86.405-78 Measurement system.
86.406-78 Introduction, structure of subpart, further information.
86.407-78 Certificate of conformity required.
86.408-78 General standards; increase in emissions; unsafe conditions.
86.409-78 Defeat devices, prohibition.
86.410-80 Emission standards for 1980 and later model year motorcycles.
86.410-90 Emission standards for 1990 and later model year motorcycles.
86.410-2006 Emission standards for 2006 and later model year
motorcycles.
86.411-78 Maintenance instructions, vehicle purchaser.
86.412-78 Maintenance instructions, submission to Administrator.
86.413-78 Labeling.
86.414-78 Submission of vehicle identification number.
86.415-78 Production vehicles.
86.416-80 Application for certification.
86.417-78 Approval of application for certification.
86.418-78 Test fleet selection.
86.419-78 Engine displacement, motorcycle classes.
86.419-2006 Engine displacement, motorcycle classes.
86.420-78 Engine families.
86.421-78 Test fleet.
86.422-78 Administrator's fleet.
86.423-78 Test vehicles.
86.425-78 Test procedures.
86.426-78 Service accumulation.
86.427-78 Emission tests.
86.428-80 Maintenance, scheduled; test vehicles.
86.429-78 Maintenance, unscheduled; test vehicles.
[[Page 10]]
86.430-78 Vehicle failure.
86.431-78 Data submission.
86.432-78 Deterioration factor.
86.434-78 Testing by the Administrator.
86.435-78 Extrapolated emission values.
86.436-78 Additional service accumulation.
86.437-78 Certification.
86.438-78 Amendments to the application.
86.439-78 Alternative procedure for notification of additions and
changes.
86.440-78 Maintenance of records.
86.441-78 Right of entry.
86.442-78 Denial, revocation, or suspension of certification.
86.443-78 Request for hearing.
86.444-78 Hearings on certification.
86.445-2006 What temporary provisions address hardship due to unusual
circumstances?
86.446-2006 What are the provisions for extending compliance deadlines
for small-volume manufacturers under hardship?
86.447-2006 What are the provisions for exempting motorcycles under 50
cc from the requirements of this part if they use engines
certified under other programs?
86.448-2006 What are the provisions for producing motorcycles under 50
cc with engines already certified under other programs?
86.449 Averaging provisions.
Subpart F_Emission Regulations for 1978 and Later New Motorcycles, Test
Procedures
86.501-78 Applicability.
86.502-78 Definitions.
86.503-78 Abbreviations.
86.504-78 Section numbering.
86.505-78 Introduction; structure of subpart.
86.505-2004 Introduction; structure of subpart.
86.508-78 Dynamometer.
86.509-90 Exhaust gas sampling system.
86.511-90 Exhaust gas analytical system.
86.513-87 Fuel and engine lubricant specifications.
86.513-90 Fuel and engine lubricant specifications.
86.513-94 Fuel and engine lubricant specifications.
86.513-2004 Fuel and engine lubricant specifications.
86.514-78 Analytical gases.
86.515-78 EPA urban dynamometer driving schedule.
86.516-90 Calibrations, frequency and overview.
86.518-78 Dynamometer calibration.
86.519-78 Constant volume sampler calibration.
86.519-90 Constant volume sampler calibration.
86.521-90 Hydrocarbon analyzer calibration.
86.522-78 Carbon monoxide analyzer calibration.
86.523-78 Oxides of nitrogen analyzer calibration.
86.524-78 Carbon dioxide analyzer calibration.
86.526-90 Calibration of other equipment.
86.527-90 Test procedures, overview.
86.528-78 Transmissions.
86.529-78 Road load force and inertia weight determination.
86.529-98 Road load force and inertia weight determination.
86.530-78 Test sequence, general requirements.
86.531-78 Vehicle preparation.
86.532-78 Vehicle preconditioning.
86.535-90 Dynamometer procedure.
86.536-78 Engine starting and restarting.
86.537-90 Dynamometer test runs.
86.540-90 Exhaust sample analysis.
86.542-90 Records required.
86.544-90 Calculations; exhaust emissions.
Authority: 42 U.S.C. 7401-7671q.
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 and 69 FR 18803, Apr. 9, 2004.
Sec. 86.1 Reference materials.
(a) The documents in paragraph (b) of this section have been
incorporated by reference. The incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be inspected at U.S. EPA, OAR, 401
M St., SW., Washington, DC 20460, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(b) The following paragraphs and tables set forth the material that
has been incorporated by reference in this part.
(1) ASTM material. The following table sets forth material from the
American Society for Testing and Materials that has been incorporated by
reference. The first column lists the
[[Page 11]]
number and name of the material. The second column lists the section(s)
of this part, other than this section, in which the matter is
referenced. Copies of these materials may be obtained from American
Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
------------------------------------------------------------------------
Document number and name 40 CFR part 86 reference
------------------------------------------------------------------------
ASTM E29-67 (Reapproved 1980), Standard 86.1105-87.
Recommended Practice for Indicating Which
Places of Figures Are To Be Considered
Significant in Specified Limiting Values.
ASTM E29-90, Standard Practice for Using 86.609-84; 86.609-96;
Significant Digits in Test Data to 86.609-97; 86.609-98;
Determine Conformance with Specifications. 86.1009-84; 86.1009-96;
86.1442; 86.1708-99;
86.1709-99; 86.1710-99;
86.1728-99.
ASTM D5186-91, Standard Test Method for 86.113-07; 86.1313-91;
Determination of Aromatic Content of 86.1313-94; 86.1313-98;
Diesel Fuels by Supercritical Fluid 1313-2007.
Chromatography.
ASTM D2163-91, Standard Test Method for 86.113-94; 86.1213-94;
Analysis of Liquefied Petroleum (LP) Gases 86.1313-94.
and Propane Concentrates by Gas
Chromatography.
ASTM D1945-91, Standard Test Method for 86.113-94; 86.513-94;
Analysis of Natural Gas By Gas 86.1213-94; 86.1313-94.
Chromatography.
ASTM E29-93a, Standard Practice for Using 86.098-15; 86.004-15;
Significant Digits in Test Data to 86.007-11; 86.007-15;
Determine Conformance with Specifications. 86.1803-01; 86.1823-01;
86.1824-01; 86.1825-01;
86.1837-01.
ASTM D2986-95a, (Reapproved 1999) Standard 86.1310-2007.
Practice for Evaluation of Air Assay Media
by the Monodisperse DOP (Dioctyl
Phthalate) Smoke Test.
ASTM F1471-93, Standard Test Method for Air 86.1310-2007.
Cleaning Performance of a High-Efficiency
Particulate Air-Filter System.
------------------------------------------------------------------------
(2) SAE material. The following table sets forth material from the
Society of Automotive Engineers that has been incorporated by reference.
The first column lists the number and name of the material. The second
column lists the section(s) of this part, other than Sec. 86.1, in
which the matter is referenced. The second column is presented for
information only and may not be all inclusive. Copies of these materials
may be obtained from Society of Automotive Engineers International, 400
Commonwealth Dr., Warrendale, PA, 15096-0001.
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
SAE J1349, June 1990, Engine Power Test 86.094-8; 86.096-8
Code--Spark Ignition and Compression
Ignition.
SAE J1850 July 1995, Class B Data 86.099-17; 86.1806-01
Communication Network Interface.
SAE J1877, July 1994 Recommended Practice 86.095-35; 86.1806-01
for Bar-Coded Vehicle Identification
Number Label.
SAE J1892 October 1993, Recommended 86.095-35; 86.1806-01
Practice for Bar-Coded Vehicle Emission
Configuration Label.
SAE J1939-11, December 1994, Physical 86.005-17; 86.1806-05
Layer-250K bits/s, Shielded Twisted Pair.
SAE J1939-13, July 1999, Off-Board 86.005-17; 86.1806-05
Diagnostic Connector.
SAE J1939-21, July 1994, Data Link Layer.. 86.005-17; 86.1806-05
SAE J1939-31, December 1997, Network Layer 86.005-17; 86.1806-05
SAE J1939-71, May 1996, Vehicle 86.005-17; 86.1806-05
Application Layer.
SAE J1939-73, February 1996, Application 86.005-17; 86.1806-05
Layer-Diagnostics.
SAE J1939-81, July 1997, Recommended 86.005-17; 86.1806-05
Practice for Serial Control and
Communications Vehicle Network--Part 81--
Network Management.
SAE J1962 January 1995, Diagnostic 86.099-17; 86.1806-01
Connector.
SAE J1979 July 1996, E/E Diagnostic Test 86.099-17; 86.1806-01
Modes.
SAE J2012 July 1996, Recommended Practice 86.099-17; 86.1806-01
for Diagnostic Trouble Code Definitions.
SAE Recommended Practice J1151, December 86.111-94; 86.1311-94.
1991, Methane Measurement Using Gas
Chromatography, 1994 SAE Handbook--SAE
International Cooperative Engineering
Program, Volume 1: Materials, Fuels,
Emissions, and Noise; Section 13 and page
170 (13.170).
SAE Recommended Practice J1937, November 86.1330-84; 86.1330-90.
1989, Engine Testing with Low Temperature
Charge Air Cooler Systems in a
Dynamometer Test Cell.
[[Page 12]]
SAE J1850, Class B Data Communication 86.005-17; 86.1806-04;
Network Interface. (Revised, May 2001). 86.1806-05
SAE J1930, Electrical/Electronic Systems 86.005-17; 86.1806-04;
Diagnostic Terms, Definitions, 86.1806-05
Abbreviations, and Acronyms--Equivalent
to ISO/TR 15031-2: April 30, 2002.
(Revised, April 2002).
SAE J1939-11, Physical Layer--250K bits/s, 86.005-17; 86.1806-04;
Shielded Twisted Pair. (Revised, October 86.1806-05
1999).
SAE J1939-13, Off-Board Diagnostic 86.005-17; 86.1806-04;
Connector. (July 1999). 86.1806-05
SAE J1939-21, Data Link Layer. (Revised, 86.005-17; 86.1806-04;
April 2001). 86.1806-05
SAE J1939-31, Network Layer. (Revised, 86.005-17; 86.1806-04;
December 1997). 86.1806-05
SAE J1939-71, Vehicle Application Layer-- 86.005-17; 86.1806-04;
J1939-71 (through 1999). (Revised, August 86.1806-05
2002).
SAE J1939-73, Application Layer- 86.005-17; 86.1806-04;
Diagnostics. (Revised, June 2001). 86.1806-05
SAE J1939-81, Recommended Practice for 86.005-17; 86.1806-04; --
Serial Control and Communications Vehicle 86.1806-05
Network Part 81--Network Management.
(July 1997).
SAE J1962, Diagnostic Connector-- 86.005-17;86.1806-04;
Equivalent to ISO/DIS 15031-3:December 86.1806-05
14, 2001. (Revised, April 2002).
SAE J1978, OBD II Scan Tool--Equivalent to 86.005-17;86.1806-04;
ISO/DIS 15031-4; December 14, 2001. 86.1806-05
(Revised, April 2002).
SAE J1979, E/E Diagnostic Test Modes-- 86.099-17;86.005-17; 86.1806-
Equivalent to ISO/DIS 15031-5: April 30, 01; 86.1806-04; 86.1806-05
2002. (Revised, April 2002).
SAE J2012, Diagnostic Trouble Code 86.005-17; 86.1806-04;
Definitions--Equivalent to ISO/DIS 15031- 86.1806-05
6: April 30, 2002. (Revised, April 2002,).
SAE Recommended Practice J1930 (Revised, 86.096-38; 86.004-38; 86.007-
May, 1998), Electrical/ Electronic 38; 86.1808-01; 86.1808-07.
Systems Diagnostic Terms, Definitions,
Abbreviations, and Acronyms.
SAE Recommended Practice J1979 (Revised, 86.096-38; 86.004-38; 86.007-
September, 1997), E/E Diagnostic Test 38; 86.1808-01; 86.1808-07.
Modes.
SAE Recommended Practice J2284-3 (May, 86.096-38; 86.004-38; 86.007-
2001), High Speed CAN (HSC) for Vehicle 38; 86.1808-01; 86.1808-07.
Applications at 500 KBPS.
SAE Recommended Practice J2534 (February, 86.096-38;86.004-38; 86.007-
2002), Recommended Practice for Pass-Thru 38; 86.1808-01; 86.1808-07.
Vehicle Programming.
------------------------------------------------------------------------
(3) ANSI material. The following table sets forth material from the
American National Standards Institute that has been incorporated by
reference. The first column lists the number and name of the material.
The second column lists the section(s) of this part, other than Sec.
86.1, in which the matter is referenced. The second column is presented
for information only and may not be all inclusive. Copies of these
materials may be obtained from the American National Standards
Institute, 11 West 42nd Street, 13th Floor, New York, NY 10036.
------------------------------------------------------------------------
Document number and name 40 CFR part 86 reference
------------------------------------------------------------------------
ANSI/AGA NGV1-1994, Standard for 86.001-9; 86.004-9; 86.098-
Compressed Natural Gas Vehicle (NGV) 8; 86.099-8; 86.099-9;
Fueling Connection Devices. 86.1810-01
------------------------------------------------------------------------
(4) California regulatory requirements. The following table sets
forth California regulatory requirements that have been incorporated by
reference. The first column lists the name and date of the material. The
second column lists the sections of the part, other than Sec. 86.1, in
which the matter is referenced. The second column is presented for
information only and may not be all-inclusive. Copies of these materials
may be obtained from U.S. EPA, Office of Air and Radiation, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
California Regulatory Requirements
Applicable to the ``LEV II'' Program,
including:.
1. California Exhaust Emission 86.1806-01; 86.1811-04;
Standards and Test Procedures for 86.1844-01.
2003 and Subsequent Model Zero-
Emission Vehicles and 2001 and
Subsequent Model Hybrid Electric
Vehicles, in the Passenger Car, Light-
duty Truck and Medium-duty Vehicle
Classes. August 5, 1999.
[[Page 13]]
2. California Non-Methane Organic Gas 86.1803-01; 86.1810-01;
Test Procedures. August 5, 1999. 86.1811-04.
California Regulatory Requirements 86.113-004; 86.612-97;
Applicable to the National Low Emission 86.1012-97; 86.1702-99;
Vehicle Program, October 1996. 86.1708-99; 86.1709-99;
86.1717-99; 86.1735-99;
86.1771-99; 86.1775-99;
86.1776-99; 86.1777-99;
Appendix XVI; Appendix
XVII.
------------------------------------------------------------------------
(5) ISO material. The following table sets forth material from the
International Organization of Standardization that has been incorporated
by reference. The first column lists the number and name of the
material. The second column lists the section(s) of this part, other
than Sec. 86.1, in which the matter is referenced. The second column is
presented for information only and may not be all inclusive. Copies of
these materials may be obtained from the International Organization for
Standardization, Case Postale 56, CH-1211 Geneva 20, Switzerland.
------------------------------------------------------------------------
Document No. and name 40 CFR part 86 reference
------------------------------------------------------------------------
ISO 9141-2, February 1, 1994, 86.099-17; 86.1806-01; 86.1806-04;
Road vehicles--Diagnostic 86.005-17; 86.1806-05
systems--Part 2: CARB
requirements for interchange of
digital information.
ISO 14230-4:2000(E) ``Road 86.099-17; 86.1806-01; 86.1806-04;
vehicles--Diagnostic systems-- 86.005-17; 86.1806-05
KWP 2000 requirements for
Emission-related systems'',
(June 1, 2000).
ISO 15765-4.3:2001, December 14, 86.005-17; 86.1806-04; 86.1806-05
2001, Road Vehicles--Diagnostics
on Controller Area Network
(CAN)--Part 4: Requirements for
emission-related systems.
------------------------------------------------------------------------
[58 FR 16019, Mar. 24, 1993, as amended at 58 FR 58417, Nov. 1, 1993; 59
FR 48491, 59 FR 48491, Sept. 21, 1994; 59 FR 50073, Sept. 30, 1994; 60
FR 43887, Aug. 23, 1995; 61 FR 54877, Oct. 22, 1996; 62 FR 31232, June
6, 1997; 62 FR 47119, Sept. 5, 1997; 62 FR 54715, Oct. 21, 1997; 63 FR
965, Jan. 7, 1998; 63 FR 70694, Dec. 22, 1998; 64 FR 23920, May 4, 1999;
65 FR 6848, Feb. 10, 2000; 65 FR 59944, Oct. 6, 2000; 66 FR 5159, Jan.
18, 2001; 68 FR 35798, June 17, 2003; 68 FR 35798, June 17, 2003]
Subpart A_General Provisions for Emission Regulations for 1977 and Later
Model Year New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty
Engines, and for 1985 and Later Model Year New Gasoline Fueled, Natural
Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled Heavy-
Duty Vehicles
Source: 42 FR 32907, June 28, 1977, unless otherwise noted.
Sec. 86.000-2 Definitions.
The definitions of Sec. 86.098-2 continue to apply to 1998 and
later model year vehicles. The definitions listed in this section apply
beginning with the 2000 model year.
AC1 means a test procedure as described in Sec. 86.162-00 which
simulates testing with air conditioning operating in an environmental
test cell by adding the air conditioning compressor load to the normal
dynamometer forces.
AC2 means a test procedure as described in Sec. 86.162-00 which
simulates testing with air conditioning operating in an environmental
test cell by adding a heat load to the passenger compartment.
Alternative fuels means any fuel other than gasoline and diesel
fuels, such as methanol, ethanol, and gaseous fuels.
866 Cycle means the test cycle that consists of the last 866 seconds
(seconds 505 to 1372) of the EPA Urban Dynamometer Driving Schedule,
described in Sec. 86.115-00 and listed in appendix I, paragraph (a), of
this part.
Environmental test cell means a test cell capable of wind-speed,
solar thermal load, ambient temperature, and humidity control or
simulation which meets the requirements of Sec. 86.161-00 for running
emission tests with the air conditioning operating.
Federal Test Procedure, or FTP means the test procedure as described
in Sec. 86.130-00 (a) through (d) and (f) which is designed to measure
urban driving
[[Page 14]]
tail pipe exhaust emissions and evaporative emissions over the Urban
Dynamometer Driving Schedule as described in appendix I to this part.
505 Cycle means the test cycle that consists of the first 505
seconds (seconds 1 to 505) of the EPA Urban Dynamometer Driving
Schedule, described in Sec. 86.115-00 and listed in appendix I,
paragraph (a), of this part.
SC03 means the test cycle, described in Sec. 86.160-00 and listed
in appendix I, paragraph (h), of this part, which is designed to
represent driving immediately following startup.
Supplemental FTP, or SFTP means the additional test procedures
designed to measure emissions during aggressive and microtransient
driving, as described in Sec. 86.159-00 over the US06 cycle, and also
the test procedure designed to measure urban driving emissions while the
vehicle's air conditioning system is operating, as described in Sec.
86.160-00 over the SC03 cycle.
US06 means the test cycle, described in Sec. 86.159-00 and listed
in appendix I, paragraph (g), of this part, which is designed to
evaluate emissions during aggressive and microtransient driving.
[61 FR 54878, Oct. 22, 1996]
Sec. 86.000-3 Abbreviations.
The abbreviations in Sec. 86.098-3 continue to apply to 1998 and
later model year vehicles. The abbreviations in this section apply
beginning with the 2000 model year:
A/C--Air conditioning
FTP--Federal Test Procedure
SFTP--Supplemental Federal Test Procedure
WOT--Wide Open Throttle
[61 FR 54878, Oct. 22, 1996]
Sec. 86.000-7 Maintenance of records; submittal of information; right
of entry.
Section 86.000-7 includes text that specifies requirements that
differ from Sec. 86.091-7, Sec. 86.094-7 or Sec. 86.096-7. Where a
paragraph in Sec. 86.091-7, Sec. 86.094-7 or Sec. 86.096-7 is
identical and applicable to Sec. 86.000-7, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.091-7.'' or ``[Reserved]. For guidance see
Sec. 86.094-7.'' or ``[Reserved]. For guidance see Sec. 86.096-7.''
(a) introductory text through (a)(2) [Reserved]. For guidance see
Sec. 86.091-7.
(a)(3) [Reserved]. For guidance see Sec. 86.094-7.
(b)-(c)(2) [Reserved]. For guidance see Sec. 86.091-7.
(c)(3) [Reserved]. For guidance see Sec. 86.094-7.
(c)(4)-(d)(1)(v) [Reserved]. For guidance see Sec. 86.091-7.
(d)(1)(vi)-(d)(2)(iv) [Reserved]. For guidance see Sec. 86.094-7.
(d)(3)-(g) [Reserved]. For guidance see Sec. 86.091-7.
(h)(1) The manufacturer (or contractor for the manufacturer, if
applicable) of any model year 2000 through 2002 light-duty vehicle or
light light-duty truck or model year 2002 through 2004 heavy light-duty
truck that is certified shall establish, maintain, and retain the
following adequately organized and indexed records for each such
vehicle:
(i) EPA engine family;
(ii) Vehicle identification number;
(iii) Model year and production date;
(iv) Shipment date;
(v) Purchaser; and
(vi) Purchase contract.
(h)(2)-(h)(5) [Reserved]. For guidance see Sec. 86.094-7.
(h)(6) Voiding a certificate. (i) EPA may void ab initio a
certificate for a vehicle certified to Tier 1 certification standards or
to the respective evaporative and/or refueling test procedure and
accompanying evaporative and/or refueling standards as set forth or
otherwise referenced in Sec. Sec. 86.000-8, 86.000-9, or 86.098-10 for
which the manufacturer fails to retain the records required in this
section or to provide such information to the Administrator upon
request.
(h)(6)(ii)-(h)(7)(vi) [Reserved]. For guidance see Sec. 86.096-7.
(h)(7)(vii) EPA evaporative/refueling family.
[61 FR 54878, Oct. 22, 1996]
Sec. 86.000-8 Emission standards for 2000 and later model year light-duty
vehicles.
Section 86.000-8 includes text that specifies requirements that
differ from
[[Page 15]]
Sec. 86.096-8 or Sec. 86.099-8. Where a paragraph in Sec. 86.096-8 or
Sec. 86.099-8 is identical and applicable to Sec. 86.000-8, this may
be indicated by specifying the corresponding paragraph and the statement
``[Reserved]. For guidance see Sec. 86.096-8.'' or ``[Reserved]. For
guidance see Sec. 86.099-8.''
(a)(1) introductory text through (a)(1)(ii)(B) [Reserved]. For
guidance see Sec. 86.096-8.
(a)(1)(iii)-(b)(4) [Reserved]. For guidance see Sec. 86.099-8.
(b)(5) [Reserved]. For guidance see Sec. 86.096-8.
(b)(6) [Reserved]. For guidance see Sec. 86.099-8.
(c) [Reserved]. For guidance see Sec. 86.096-8.
(d) [Reserved]. For guidance see Sec. 86.099-8.
(e) SFTP Standards. (1) Exhaust emissions from 2000 and later model
year light-duty vehicles shall meet the additional SFTP standards of
table A00-2 (defined by useful life, fuel type, and test type) according
to the implementation schedule in table A00-1. The standards set forth
in table A00-2 refer to exhaust emissions emitted over the Supplemental
Federal Test Procedure (SFTP) as set forth in subpart B of this part and
collected and calculated in accordance with those procedures. Compliance
with these standards are an additional requirement to the required
compliance with Tier 1 standards as defined in Sec. Sec. 86.096-8
(a)(1) introductory text through (a)(1)(ii)(B) and 86.099-8 (a)(1)(iii)-
(a)(3):
Table A00-1--Implementation Schedule for Light-Duty Vehicles for
(NMHC=NOX) and CO
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
2000....................................................... 40
2001....................................................... 80
2002....................................................... 100
------------------------------------------------------------------------
Table A00-2--Useful Life Standards (G/MI) for Light-Duty Vehicles for (NMHC=NOX) and CO
----------------------------------------------------------------------------------------------------------------
CO
NMHC=NOX --------------------------------------
Useful life Fuel type composite Composite
A/C test US06 test option
----------------------------------------------------------------------------------------------------------------
Intermediate..................... Gasoline................. 0.65 3.0 9.0 3.4
Diesel................... 1.48 NA 9.0 3.4
Full............................. Gasoline................. 0.91 3.7 11.1 4.2
Diesel................... 2.07 NA 11.1 4.2
----------------------------------------------------------------------------------------------------------------
(i) A minimum of the percentage shown in table A00-1 of a
manufacturer's sales of the applicable model year's light-duty vehicles
shall not exceed the applicable SFTP standards in table A00-2 when
tested under the procedures in subpart B of this part indicated for 2000
and later model year light-duty vehicles.
(ii) Optionally, a minimum of the percentage shown in table A00-1 of
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the
applicable SFTP standards. Under this option, the light-duty vehicles
shall not exceed the applicable SFTP standards in table A00-2, and the
light light-duty trucks shall not exceed the applicable SFTP standards
in table A00-4 of Sec. 86.000-9.
(iii) Sales percentages for the purposes of determining compliance
with this paragraph (e)(1) shall be based on total actual U.S. sales of
light-duty vehicles of the applicable model year by a manufacturer to a
dealer, distributor, fleet operator, broker, or any other entity which
comprises the point of first sale. If the option of paragraph (e)(1)(ii)
of this section is taken, such sales percentages shall be based on the
total actual combined U.S. sales of light-duty vehicles and light light-
duty trucks of the applicable model year by a manufacturer to a dealer,
distributor, fleet operator, broker, or any other entity which comprises
the point of first sale.
(iv) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sale to be used in lieu of actual U.S. sales
for purposes of determining compliance with the
[[Page 16]]
implementation schedule sales percentages of table A00-1. Such petition
shall be submitted within 30 days of the end of the model year to the
Vehicle Programs and Compliance Division. For the petition to be
granted, the manufacturer must establish to the satisfaction of the
Administrator that actual production volume is functionally equivalent
to actual sales volume.
(2) These SFTP standards do not apply to vehicles certified on
alternative fuels, but the standards do apply to the gasoline and diesel
fuel operation of flexible fuel vehicles and dual fuel vehicles.
(3) These SFTP standards do not apply to vehicles tested at high
altitude.
(4) The air to fuel ratio shall not be richer at any time than the
leanest air to fuel mixture required to obtain maximum torque (lean best
torque), plus a tolerance of six (6) percent. The Administrator may
approve a manufacturer's request for additional enrichment if it can be
shown that additional enrichment is needed to protect the engine or
emissions control hardware.
(5) The requirement to use a single roll dynamometer (or a
dynamometer which produces equivalent results), discussed in Sec. Sec.
86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test
elements as set forth in subpart B of this part for families which are
designated as SFTP compliant under the implementation schedule in table
A00-1.
(6) Small volume manufacturers, as defined in Sec. 86.094-14(b)(1)
and (2), are exempt from the requirements of this paragraph (e) until
model year 2002, when 100 percent compliance with the standards of this
paragraph (e) is required. This exemption does not apply to small volume
engine families as defined in Sec. 86.094-14(b)(5).
(7) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain the required
implementation schedule sales percentages for certification purposes.
(8) A manufacturer cannot use one set of engine families to meet its
intermediate useful life standards and another to meet its full useful
life standards. The same families which are used to meet the
intermediate useful life standards will be required without deviation to
meet the corresponding full useful life standards.
(9) Compliance with composite standards shall be demonstrated using
the calculations set forth in Sec. 86.164-00.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see Sec. 86.096-8.
[61 FR 54878, Oct. 22, 1996]
Sec. 86.000-9 Emission standards for 2000 and later model year light-duty
trucks.
Section 86.000-9 includes text that specifies requirements that
differ from Sec. 86.097-9 or Sec. 86.099-9. Where a paragraph in Sec.
86.097-9 or Sec. 86.099-9 is identical and applicable to Sec. 86.000-
9, this may be indicated by specifying the corresponding paragraph and
the statement ``[Reserved]. For guidance see Sec. 86.097-9.'' or
``[Reserved]. For guidance see Sec. 86.099-9.''
(a)(1) introductory text through (a)(1)(iii) [Reserved]. For
guidance see Sec. 86.097-9.
(a)(1)(iv)-(b)(4) [Reserved]. For guidance see Sec. 86.099-9.
(b)(5) [Reserved]
(c) [Reserved]. For guidance see Sec. 86.097-9.
(d) [Reserved]
(e) SFTP Standards. (1) Light light-duty trucks. (i) Exhaust
emissions from 2000 and later model year light light-duty trucks shall
meet the additional SFTP standards of table A00-4 (defined by useful
life, fuel type, truck type, loaded vehicle weight (LVW), and test type)
according to the implementation schedule in table A00-3. The standards
set forth in table A00-4 refer to exhaust emissions emitted over the
Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of
this part and collected and calculated in accordance with those
procedures. Compliance with these standards are an additional
requirement to the required compliance with Tier 1 standards as defined
in Sec. Sec. 86.097-9(a)(1) introductory text through (a)(1)(iii) and
86.099-9(a)(1)(iv)-(a)(3):
[[Page 17]]
Table A00-3--Implementation Schedule for Light Light-Duty Trucks for
(NMHC+NOX) and CO
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
2000....................................................... 40
2001....................................................... 80
2002....................................................... 100
------------------------------------------------------------------------
Table A00-4--Useful Life Standards (G/MI) for Light Light-Duty Trucks for (NMHC+NOX) and CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
CO
NMHC+NOX -----------------------------------
Useful life Fuel type Truck type LVW (lbs) Composite Composite
A/C test US06 test option
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intermediate.......................... Gasoline................. LDT1..................... 0-3750 0.65 3.0 9.0 3.4
LDT2..................... 3751-5750 1.02 3.9 11.6 4.4
Diesel................... LDT1..................... 0-3750 1.48 NA 9.0 3.4
LDT2..................... 3751-5750 NA NA NA NA
Full.................................. Gasoline................. LDT1..................... 0-3750 0.91 3.7 11.1 4.2
LDT2..................... 3751-5750 1.37 4.9 14.6 5.5
Diesel................... LDT1..................... 0-3750 2.07 NA 11.1 4.2
LDT2..................... 3751-5750 NA NA NA NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A) A minimum of the percentage shown in table A00-3 of a
manufacturer's sales of the applicable model year's light light-duty
trucks shall not exceed the applicable SFTP standards in table A00-4
when tested under the procedures in subpart B of this part indicated for
2000 and later model year light light-duty trucks.
(B) Optionally, a minimum of the percentage shown in table A00-3 of
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the
applicable SFTP standards. Under this option, the light-duty vehicles
shall not exceed the applicable SFTP standards in table A00-2 of Sec.
86.000-8, and the light light-duty trucks shall not exceed the
applicable SFTP standards in table A00-4.
(C) Sales percentages for the purposes of determining compliance
with paragraph (e)(1)(i)(A) of this section shall be based on total
actual U.S. sales of light light-duty trucks of the applicable model
year by a manufacturer to a dealer, distributor, fleet operator, broker,
or any other entity which comprises the point of first sale. If the
option of Sec. 86.097-9(a)(1)(i)(B) is taken, such sales percentages
shall be based on the total actual combined U.S. sales of light-duty
vehicles and light light-duty trucks of the applicable model year by a
manufacturer to a dealer, distributor, fleet operator, broker, or any
other entity which comprises the point of first sale.
(D) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sale to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of table A000-3. Such petition shall be submitted
within 30 days of the end of the model year to the Vehicle Programs and
Compliance Division. For the petition to be granted, the manufacturer
must establish to the satisfaction of the Administrator that actual
production volume is functionally equivalent to actual sales volume.
(ii) These SFTP standards do not apply to light light-duty trucks
certified on alternative fuels, but the standards do apply to the
gasoline and diesel fuel operation of flexible fuel vehicles and dual
fuel vehicles.
(iii) These SFTP standards do not apply to light light-duty trucks
tested at high altitude.
(iv) The air to fuel ratio shall not be richer at any time than the
leanest air to fuel mixture required to obtain maximum torque (lean best
torque), plus a tolerance of six (6) percent. The Administrator may
approve a manufacturer's request for additional enrichment if it can be
shown that additional enrichment is needed to protect the engine or
emissions control hardware.
[[Page 18]]
(v) The requirement to use a single roll dynamometer (or a
dynamometer which produces equivalent results), discussed in Sec. Sec.
86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test
elements as set forth in subpart B of this part for engine families
which are designated as SFTP compliant under the implementation schedule
in table A00-3.
(vi) Small volume manufacturers, as defined in Sec. 86.094-14(b)
(1) and (2), are exempt from the requirements of this paragraph (e)
until model year 2002, when 100 percent compliance with the standards of
this paragraph (e) is required. This exemption does not apply to small
volume engine families as defined in Sec. 86.094-14(b)(5).
(vii) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which engine families will be used to attain the required
implementation schedule sales percentages for certification purposes.
(viii) A manufacturer cannot use one set of engine families to meet
its intermediate useful life standards and another to meet its full
useful life standards. The same engine families which are used to meet
the intermediate useful life standards will be required without
deviation to meet the corresponding full useful life standards.
(ix) Compliance with composite standards shall be demonstrated using
the calculations set forth in Sec. 86.164-00.
(2) Heavy light-duty trucks. (i) Exhaust emissions from 2002 and
later model year heavy light-duty trucks shall meet the SFTP standards
of table A00-6 (defined by useful life, fuel type, truck type, adjusted
loaded vehicle weight (ALVW), and test type) according to the
implementation schedule in table A00-5. The standards set forth in table
A00-6 refer to exhaust emissions emitted over the Supplemental Federal
Test Procedure (SFTP) as set forth in subpart B of this part and
collected and calculated in accordance with those procedures. Compliance
with these standards are an additional requirement to the required
compliance with Tier 1 standards as defined in Sec. Sec. 86.097-9(a)(1)
introductory text through (a)(1)(iii) and 86.099-9(a)(1)(iv)-(a)(3):
Table A00-5--Implementation Schedule for Heavy Light-Duty Trucks for
(NMHC+NOX) and CO
------------------------------------------------------------------------
Model year Percentage
------------------------------------------------------------------------
2002....................................................... 40
2003....................................................... 80
2004....................................................... 100
------------------------------------------------------------------------
Table A00-6--Useful Life Standards (G/MI) for Heavy Light-Duty Trucks for (NMHC+NOX) and CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
CO
NMHC+NOX -----------------------------------
Useful life Fuel type Truck type ALVW (lbs) composite Composite
A/C test US06 test option
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intermediate.......................... Gasoline................. LDT3..................... 3751-5750 1.02 3.9 11.6 4.4
LDT4..................... 5750
Diesel................... LDT3..................... 3751-5750 NA NA NA NA
LDT4..................... 5750
Full.................................. Gasoline................. LDT3..................... 3751-5750 1.44 5.6 16.9 6.4
LDT4..................... 5750
Diesel................... LDT3..................... 3751-5750 NA NA NA NA
LDT4..................... 5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A) A minimum of the percentage shown in table A00-5 of a
manufacturer's sales of the applicable model year's heavy light-duty
trucks shall not exceed the applicable SFTP standards in table A00-6
when tested under the procedures in subpart B of this part indicated for
2002 and later model year heavy light-duty trucks.
(B) Sales percentages for the purposes of determining compliance
with paragraph (e)(1)(ii)(A) of this section shall be based on total
actual U.S. sales of heavy light-duty trucks of the applicable model
year by a manufacturer to a dealer, distributor, fleet operator, broker,
or any other entity which comprises the point of first sale.
[[Page 19]]
(C) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sale to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of table A00-5. Such petition shall be submitted
within 30 days of the end of the model year to the Vehicle Programs and
Compliance Division. For the petition to be granted, the manufacturer
must establish to the satisfaction of the Administrator that actual
production volume is functionally equivalent to actual sales volume.
(ii) These SFTP standards do not apply to heavy light-duty trucks
certified on alternative fuels, but the standards do apply to the
gasoline fuel operation of flexible fuel vehicles and dual fuel
vehicles.
(iii) These SFTP standards do not apply to heavy light-duty trucks
tested at high altitude.
(iv) The air to fuel ratio shall not be richer at any time than the
leanest air to fuel mixture required to obtain maximum torque (lean best
torque), plus a tolerance of six (6) percent. The Administrator may
approve a manufacturer's request for additional enrichment if it can be
shown that additional enrichment is needed to protect the engine of
emissions control hardware.
(v) The requirement to use a single roll dynamometer (or a
dynamometer which produces equivalent results), discussed in Sec. Sec.
86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test
elements for families which are designated as SFTP compliant under the
implementation schedule in table A00-5.
(vi) Small volume manufacturers, as defined in Sec. 86.094-14(b)
(1) and (2), are exempt from the requirements of paragraph (e) of this
section until model year 2004, when 100 percent compliance with the
standards of this paragraph (e) is required. This exemption does not
apply to small volume engine families as defined in Sec. 86.094-
14(b)(5).
(vii) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain the required
implementation schedule sales percentages for certification purposes.
(viii) A manufacturer cannot use one set of engine families to meet
its intermediate useful life standards and another to meet its full
useful life standards. The same families which are used to meet the
intermediate useful life standards will be required without deviation to
meet the corresponding full useful life standard.
(ix) The NOX averaging program is not applicable for
determining compliance with the standards of table A00-6.
(x) Compliance with composite standards shall be demonstrated using
the calculations set forth in Sec. 86.164-00.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see Sec. 86.097-9.
[61 FR 54879, Oct. 22, 1996]
Sec. 86.000-15 NOX and particulate averaging, trading, and
banking for heavy-duty engines.
Section 86.000-15 includes text that specifies requirements that
differ from Sec. 86.094-15 or Sec. 86.098-15. Where a paragraph in
Sec. 86.094-15 or Sec. 86.098-15 is identical and applicable to Sec.
86.000-15, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
15.'' or ``[Reserved]. For guidance see Sec. 86.098-15.''.
(a)(1) Heavy-duty engines eligible for NOX and
particulate averaging, trading and banking programs are described in the
applicable emission standards sections in this subpart. All heavy-duty
engine families which include any engines labeled for use in clean-fuel
vehicles as specified in 40 CFR part 88 are not eligible for these
programs. For manufacturers selecting Option 1 Otto-cycle engine
standards contained in Sec. 86.005-10(f)(1), the ABT program
requirements in Sec. 86.004-15 apply for 2003 model year Otto-cycle
engines, rather than the provisions contained in this Sec. 86.000-15.
Participation in these programs is voluntary.
(a)(2)-(b) [Reserved]. For guidance see Sec. 86.094-15.
(c) [Reserved]. For guidance see Sec. 86.098-15.
(d)-(i) [Reserved]. For guidance see Sec. 86.094-15.
[[Page 20]]
(j) Optional program for early banking for diesel engines.
Provisions set forth in Sec. Sec. 86.094-15 (a), (b), (d)-(i), and
86.098-15 (c) apply except as specifically stated otherwise in Sec.
86.098-15 (j)(1)-(j)(3)(iii).
(j)(1)-(j)(3)(iii) [Reserved]. For guidance see Sec. 86.098-15.
(k) Optional program for early banking for Otto-cycle engines.
Provisions set forth in Sec. Sec. 86.094-15(a), (b), (d)-(i), and
86.098-15(c) apply except as specifically stated otherwise in this
paragraph (k).
(1) To be eligible for the optional program described in this
paragraph (k), the following must apply:
(i) Credits are generated from Otto-cycle heavy-duty engines which
have been certified using certification durability demonstration
procedures which meet the criteria contained in Sec. 86.004-26 and with
deterioration factors calculated in accordance with Sec. 86.004-28.
(ii) During certification, the manufacturer shall declare its intent
to include specific engine families in the program described in this
paragraph. Separate declarations are required for each program and no
engine families may be included in both programs in the same model year.
(2) Credit generation and use. (i) Credits shall only be generated
by 2000 and later model year engine families.
(ii) Except as provided in paragraph (k)(2)(iii) of this section,
credits generated under this paragraph (k) may only be used for 2003 and
later model year heavy-duty Otto-cycle engines subject to NOX
or NOX plus NMHC standards more stringent than 4.0 g/bhp-hr.
When used with 2003 and later model year engines, NOX credits
may be used to meet an applicable NOX plus NMHC standard,
except as otherwise provided in Sec. 86.004-10(a)(1)(i)(C).
(iii) If a manufacturer chooses to use credits generated under this
paragraph (k) for engine families subject to the NOX standard
contained in Sec. 86.098-10 (4.0 g/bhp-hr) the averaging, trading, and
banking of such credits shall be governed by the program provided in
Sec. Sec. 86.094-15(a), (b), (d)-(i) and 86.098-15(c) and shall be
subject to all discounting, credit life limits and all other provisions
contained in Sec. Sec. 86.094-15(a), (b), (d)-(i) and 86.098-15(c). In
the case where the manufacturer can demonstrate that the credits were
discounted under the program provided in this paragraph (k), that
discount may be accounted for in the calculation of credits described in
Sec. 86.098-15(c).
(iv) For NOX credits generated under this paragraph (k),
a Std value of 2.0 grams per brake horsepower-hour shall be used in
place of the current and applicable NOX standard in the
credit availability equation in Sec. 86.098-15(c)(1).
(3) Program flexibilities. (i) NOX credits that are
banked under this paragraph (k) and not used as provided by paragraph
(k)(2)(iii) of this section may be used without being forfeited due to
credit age. The requirement in this paragraph (k)(3) applies instead of
the requirements in Sec. 86.094-15(f)(2)(i).
(ii) There are no regional category restraints for averaging,
trading, and banking of credits generated under the program described in
this paragraph (k) except if they are used under paragraph (k)(2)(iii)
of this section. This applies instead of the regional category
provisions described in the introductory text of Sec. 86.094-15(d) and
(e).
(iii) Credit discounting. (A) For NOX credits generated
under this paragraph (k) from engine families with NOX FELs
greater than 1.0 grams per brake horsepower-hour for oxides of nitrogen,
a Discount value of 0.9 shall be used instead of 0.8 in the credit
availability equation in Sec. 86.098-15(c)(1).
(B) For NOX credits generated under this paragraph (k)
from engine families with NOX FELs less than or equal to 1.0
grams per brake horsepower-hour for oxides of nitrogen, a Discount value
of 1.0 shall be used in place of 0.8 in the credit availability equation
in Sec. 86.098-15 (c)(1).
(4) 2003 model year. Manufacturers selecting Option 1, described in
Sec. 86.005-10(f)(1), may not generate or bank early credits under this
paragraph (k) for the 2003 model year. Credit generation and banking
provisions contained in Sec. 86.004-15 apply for the 2003 model year.
(l) Credit apportionment. At the manufacturer's option, credits
generated under the provisions described in paragraph (j) or (k) of this
section may be sold to or otherwise provided to another party for use in
programs other than the averaging, trading and banking program described
in this section.
[[Page 21]]
(1) The manufacturer shall pre-identify two emission levels per
engine family for the purposes of credit apportionment. One emission
level shall be the FEL and the other shall be the level of the standard
that the engine family is required to certify to under Sec. 86.098-10
or Sec. 86.098-11, as applicable. For each engine family, the
manufacturer may report engine sales in two categories, ``ABT-only
credits'' and ``non-manufacturer-owned credits.''
(i) For engine sales reported as ``ABT-only credits'', the credits
generated must be used solely in the ABT program described in this
section.
(ii) The engine manufacturer may declare a portion of engine sales
``non-manufacturer-owned credits'' and this portion of the credits
generated between the standard and the FEL, based on the calculation in
Sec. 86.098-15(c)(1), would belong to another party. For ABT, the
manufacturer may not generate any credits for the engine sales reported
as ``non-manufacturer-owned credits.'' Engines reported as ``non-
manufacturer-owned credits'' shall comply with the FEL and the
requirements of the ABT program in all other respects.
(2) Only manufacturer-owned credits reported as ``ABT-only credits''
shall be used in the averaging, trading, and banking provisions
described in this section.
(3) Credits shall not be double-counted. Credits used in the ABT
program may not be provided to an engine purchaser for use in another
program.
(4) Manufacturers shall determine and state the number of engines
sold as ``ABT-only credits'' and ``non-manufacturer-owned credits'' in
the end-of-model year reports required under Sec. 86.098-23.
[65 FR 59944, Oct. 6, 2000]
Sec. 86.000-16 Prohibition of defeat devices.
Section 86.000-16 includes text that specifies requirements that
differ from Sec. 86.094-16. Where a paragraph in Sec. 86.094-16 is
identical and applicable to Sec. 86.000-16, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-16.''
(a) No new light-duty vehicle, light-duty truck, heavy-duty vehicle,
or heavy-duty engine shall be equipped with a defeat device.
(b) The Administrator may test or require testing on any vehicle or
engine at a designated location, using driving cycles and conditions
which may reasonably be expected to be encountered in normal operation
and use, for the purpose of investigating a potential defeat device.
(c) [Reserved]. For guidance see Sec. 86.094-16.
(d) For vehicle and engine designs designated by the Administrator
to be investigated for possible defeat devices:
(1) The manufacturer must show to the satisfaction of the
Administrator that the vehicle or engine design does not incorporate
strategies that unnecessarily reduce emission control effectiveness
exhibited during the Federal emissions test procedure when the vehicle
or engine is operated under conditions which may reasonably be expected
to be encountered in normal operation and use.
(d)(2)-(d)(2)(ii) [Reserved]. For guidance see Sec. 86.094-16.
[61 FR 54881, Oct. 22, 1996, as amended at 65 FR 59945, Oct. 6, 2000]
Sec. 86.000-21 Application for certification.
Section 86.000-21 includes text that specifies requirements that
differ from Sec. 86.094-21, Sec. 86.096-21 or Sec. 86.098-21. Where a
paragraph in Sec. 86.094-21, Sec. 86.096-21 or Sec. 86.098-21 is
identical and applicable to Sec. 86.000-21, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-21.'' or ``[Reserved]. For guidance see
Sec. 86.096-21.'' or ``[Reserved]. For guidance see Sec. 86.098-21.''
(a)-(b)(1)(i)(B) [Reserved]. For guidance see Sec. 86.094-21.
(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance
in the application for certification which attests to the fact that they
have assured themselves that the engine family is designed to comply
with the intermediate temperature cold testing criteria of subpart C of
this part, and does not unnecessarily reduce emission control
effectiveness of vehicles operating at high altitude or other conditions
not experienced within the US06
[[Page 22]]
(aggressive driving) and SC03 (air conditioning) test cycles.
(b)(1)(i)(C)(1)-(b)(1)(ii)(C) [Reserved]. For guidance see Sec.
86.094-21.
(b)(2) Projected U.S. sales data sufficient to enable the
Administrator to select a test fleet representative of the vehicles (or
engines) for which certification is requested, and data sufficient to
determine projected compliance with the standards implementation
schedules of Sec. Sec. 86.000-8 and 86.000-9. Volume projected to be
produced for U.S. sale may be used in lieu of projected U.S. sales.
(b)(3) A description of the test equipment and fuel proposed to be
used.
(b)(4)(i) [Reserved]. For guidance see Sec. 86.098-21.
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
(b)(5)(v) [Reserved]. For guidance see Sec. 86.098-21.
(b)(6)-(b)(8) [Reserved]. For guidance see Sec. 86.094-21.
(b)(9)-(b)(10)(iii) [Reserved]. For guidance see Sec. 86.098-21.
(c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
(k) and (l) [Reserved]. For guidance see Sec. 86.096-21.
[61 FR 54882, Oct. 22, 1996]
Sec. 86.000-23 Required data.
Section 86.000-23 includes text that specifies requirements that
differ from Sec. 86.095-23 or Sec. 86.098-23. Where a paragraph in
Sec. 86.095-23 or Sec. 86.098-23 is identical and applicable to Sec.
86.000-23, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.095-
23.'' or ``[Reserved]. For guidance see Sec. 86.098-23.''
(a)-(b)(1)(ii) [Reserved]. For guidance see Sec. 86.095-23.
(b)(2) [Reserved]. For guidance see Sec. 86.098-23.
(b)(3)-(b)(4)(ii) [Reserved]. For guidance see Sec. 86.095-23.
(b)(4)(iii) [Reserved]. For guidance see Sec. 86.098-23.
(c)-(e)(1) [Reserved]. For guidance see Sec. 86.095-23.
(e)(2)-(e)(3) [Reserved]. For guidance see Sec. 86.098-23.
(f)-(k) [Reserved]. For guidance see Sec. 86.095-23.
(l) Additionally, manufacturers certifying vehicles shall submit for
each model year 2000 through 2002 light-duty vehicle and light light-
duty truck engine family and each model year 2002 through 2004 heavy
light-duty truck engine family the information listed in paragraphs (l)
(1) and (2) of this section.
(1) Application for certification. In the application for
certification, the manufacturer shall submit the projected sales volume
of engine families certifying to the respective standards. Volume
projected to be produced for U.S. sale may be used in lieu of projected
U.S. sales.
(2) End-of-year reports for each engine family.
(i) These end-of-year reports shall be submitted within 90 days of
the end of the model year to: Director, Vehicle Programs and Compliance
Division, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
(ii) These reports shall indicate the model year, engine family, and
the actual U.S. sales volume. The manufacturer may petition the
Administrator to allow volume produced for U.S. sale to be used in lieu
of U.S. sales. Such petition shall be submitted within 30 days of the
end of the model year to the Manufacturers Operations Division. For the
petition to be granted, the manufacturer must establish to the
satisfaction of the Administrator that production volume is functionally
equivalent to sales volume.
(iii) The U.S. sales volume for end-of-year reports shall be based
on the location of the point of sale to a dealer, distributor, fleet
operator, broker, or any other entity which comprises the point of first
sale.
(iv) Failure by a manufacturer to submit the end-of-year report
within the specified time may result in certificate(s) for the engine
family(ies) certified to Tier 1 certification standards being voided ab
initio plus any applicable civil penalties for failure to submit the
required information to the Agency.
(v) These reports shall include the information required under Sec.
86.000-
[[Page 23]]
7(h)(1). The information shall be organized in such a way as to allow
the Administrator to determine compliance with the SFTP standards
implementation schedules of Sec. Sec. 86.000-8 and 86.000-9.
(m) [Reserved]. For guidance see Sec. 86.098-23.
[61 FR 54882, Oct. 22, 1996]
Sec. 86.000-24 Test vehicles and engines.
Section 86.000-24 includes text that specifies requirements that
differ from Sec. 86.096-24 or Sec. 86.098-24. Where a paragraph in
Sec. 86.096-24 or Sec. 86.098-24 is identical and applicable to Sec.
86.000-24, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.096-
24.'' or ``[Reserved]. For guidance see Sec. 86.098-24.''
(a) introductory text through (a)(4) [Reserved]. For guidance see
Sec. 86.096-24.
(a)(5)-(a)(7) [Reserved]. For guidance see Sec. 86.098-24.
(a)(8)-(b)(1) introductory text [Reserved]. For guidance see Sec.
86.096-24.
(b)(1)(i) Vehicles are chosen to be operated and tested for emission
data based upon engine family groupings. Within each engine family, one
test vehicle is selected. If air conditioning is projected to be
available on any vehicles within the engine family, the Administrator
will limit selections to engine codes which have air conditioning
available and will require that any vehicle selected under this section
has air conditioning installed and operational. The Administrator
selects as the test vehicle the vehicle with the heaviest equivalent
test weight (including options) within the family which meets the air
conditioning eligibility requirement discussed earlier in this section.
If more than one vehicle meets this criterion, then within that vehicle
grouping, the Administrator selects, in the order listed, the highest
road-load power, largest displacement, the transmission with the highest
numerical final gear ratio (including overdrive), the highest numerical
axle ratio offered in that engine family, and the maximum fuel flow
calibration.
(ii) The Administrator selects one additional test vehicle from
within each engine family. The additional vehicle selected is the
vehicle expected to exhibit the highest emissions of those vehicles
remaining in the engine family. The selected vehicle will include an air
conditioning engine code unless the Administrator chooses a worst
vehicle configuration that is not available with air conditioning. If
all vehicles within the engine family are similar, the Administrator may
waive the requirements of this paragraph.
(b)(1)(iii)-(b)(1)(vi) [Reserved]. For guidance see Sec. 86.096-24.
(b)(1)(vii)(A)-(b)(1)(viii)(A) [Reserved]. For guidance see Sec.
86.098-24.
(b)(1)(viii)(B)-(e)(2) [Reserved]. For guidance see Sec. 86.096-24.
(f) [Reserved]. For guidance see Sec. 86.098-24.
(g)(1)-(g)(2) [Reserved]. For guidance see Sec. 86.096-24.
(g)(3) Except for air conditioning, where it is expected that 33
percent or less of a carline, within an engine-system combination, will
be equipped with an item (whether that item is standard equipment or an
option) that can reasonably be expected to influence emissions, that
item may not be installed on any emission data vehicle or durability
data vehicle of that carline within that engine-system combination,
unless that item is standard equipment on that vehicle or specifically
required by the Administrator.
(4) Air conditioning must be installed and operational on any
emission data vehicle of any vehicle configuration that is projected to
be available with air conditioning regardless of the rate of
installation of air conditioning within the carline. Section 86.096-
24(g) (1) and (2) and paragraph (g)(3) of this section will be used to
determine whether the weight of the air conditioner will be included in
equivalent test weight calculations for emission testing.
(h) [Reserved]. For guidance see Sec. 86.096-24.
[61 FR 54882, Oct. 22, 1996]
Sec. 86.000-25 Maintenance.
Section 86.000-25 includes text that specifies requirements that
differ from Sec. 86.094-25 or Sec. 86.098-25. Where a paragraph in
Sec. 86.094-25 or Sec. 86.098-25 is identical and applicable to Sec.
86.000-25, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see
[[Page 24]]
Sec. 86.094-25.'' or ``[Reserved]. For guidance see Sec. 86.098-25.''
(a)(1) Applicability. This section applies to light-duty vehicles,
light-duty trucks, and heavy-duty engines.
(a)(2) Maintenance performed on vehicles, engines, subsystems, or
components used to determine exhaust, evaporative or refueling emission
deterioration factors is classified as either emission-related or non-
emission-related and each of these can be classified as either scheduled
or unscheduled. Further, some emission-related maintenance is also
classified as critical emission-related maintenance.
(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance
see Sec. 86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec.
86.098-25.
(b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see Sec. 86.094-
25.
(b)(6)(i)(F) [Reserved]. For guidance see Sec. 86.098-25.
(b)(6)(i)(G)-(H) [Reserved]. For guidance see Sec. 86.094-25.
(i) When air conditioning SFTP exhaust emission tests are required,
the manufacturer must document that the vehicle's air conditioning
system is operating properly and that system parameters are within
operating design specifications prior to test. Required air conditioning
system maintenance is performed as unscheduled maintenance and does not
require the Administrator's approval.
[61 FR 54883, Oct. 22, 1996]
Sec. 86.000-26 Mileage and service accumulation; emission measurements.
Section 86.000-26 includes text that specifies requirements that
differ from Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26 or Sec.
86.098-26. Where a paragraph in Sec. 86.094-26, Sec. 86.095-26, Sec.
86.096-26 or Sec. 86.098-26 is identical and applicable to Sec.
86.000-26, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
26.'' or ``[Reserved]. For guidance see Sec. 86.095-26.'' or
``[Reserved]. For guidance see Sec. 86.096-26.'' or ``[Reserved]. For
guidance see Sec. 86.098-26.''
(a)(1) [Reserved]. For guidance see Sec. 86.094-26.
(a)(2) The standard method of whole-vehicle service accumulation for
durability data vehicles and for emission data vehicles shall be mileage
accumulation using the Durability Driving Schedule as specified in
appendix IV to this part. A modified procedure may also be used if
approved in advance by the Administrator. Except with the advance
approval of the Administrator, all vehicles will accumulate mileage at a
measured curb weight which is within 100 pounds of the estimated curb
weight. If the loaded vehicle weight is within 100 pounds of being
included in the next higher inertia weight class as specified in Sec.
86.129, the manufacturer may elect to conduct the respective emission
tests at higher loaded vehicle weight.
(3) Emission data vehicles. Unless otherwise provided for in Sec.
86.000-23(a), emission-data vehicles shall be operated and tested as
described in paragraph (a)(3)(i)(A) of this section; Sec. 86.094-
26(a)(3)(i)(B) and (D), Sec. 86.098-26(a)(3)(i)(C) and (a)(3)(ii)(C),
and Sec. 86.094-26(a)(3)(ii) (A), (B) and (D).
(i) Otto-cycle. (A) The manufacturer shall determine, for each
engine family, the mileage at which the engine-system combination is
stabilized for emission-data testing. The manufacturer shall maintain,
and provide to the Administrator if requested, a record of the rationale
used in making this determination. The manufacturer may elect to
accumulate 4,000 miles on each test vehicle within an engine family
without making a determination. The manufacturer must accumulate a
minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an
engine family. All test vehicle mileage must be accurately determined,
recorded, and reported to the Administrator. Any vehicle used to
represent emission-data vehicle selections under Sec. 86.000-24(b)(1)
shall be equipped with an engine and emission control system that has
accumulated the mileage the manufacturer chose to accumulate on the test
vehicle. Fuel economy data generated from certification vehicles
selected in accordance with Sec. 86.000-24(b)(1) with engine-system
combinations that have accumulated more than 10,000 kilometers (6,200
miles) shall be factored in accordance with 40 CFR
[[Page 25]]
600.006-87(c). Complete exhaust (FTP and SFTP tests), evaporative and
refueling (if required) emission tests shall be conducted for each
emission-data vehicle selection under Sec. 86.000-24(b)(1). The
Administrator may determine under Sec. 86.000-24(f) that no testing is
required.
(a)(3)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
(a)(3)(i)(C) [Reserved]. For guidance see Sec. 86.098-26.
(a)(3)(i)(D)-(a)(3)(ii)(B)[Reserved]. For guidance see Sec. 86.094-
26.
(a)(3)(ii)(C) [Reserved]. For guidance see Sec. 86.098-26.
(a)(3)(ii)(D)-(a)(4)(i)(B)(4)[Reserved]. For guidance see Sec.
86.094-26.
(a)(4)(i)(C) Complete exhaust emission tests shall be made at
nominal test point mileage intervals that the manufacturer determines.
Unless the Administrator approves a manufacturer's request to develop
specific deterioration factors for aggressive driving (US06) and air
conditioning (SC03) test cycle results, tail pipe exhaust emission
deterioration factors are determined from only FTP test cycle data. At a
minimum, two complete exhaust emission tests shall be made. The first
test shall be made at a distance not greater than 6,250 miles. The last
shall be made at the mileage accumulation endpoint determined in Sec.
86.094-26 (a)(4)(i) (A) or (B), whichever is applicable.
(a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see Sec. 86.094-
26.
(a)(6)(iii) The results of all emission tests shall be rounded to
the number of places to the right of the decimal point indicated by
expressing the applicable emission standard of this subpart to one
additional significant figure, in accordance with the Rounding-Off
Method specified in ASTM E29-90, Standard Practice for Using Significant
Digits in Test Data to Determine Conformance with Specifications
(incorporated by reference; see Sec. 86.1).
(a)(7)-(a)(9)(i) [Reserved]. For guidance see Sec. 86.094-26.
(a)(9)(ii) The test procedures in Sec. Sec. 86.106 through 86.149
and Sec. 86.158 will be followed by the Administrator. The
Administrator may test the vehicles at each test point. Maintenance may
be performed by the manufacturer under such conditions as the
Administrator may prescribe.
(a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see
Sec. 86.094-26.
(b)(2)(i) This paragraph (b)(2)(i) applies to service accumulation
conducted under the Standard Self-Approval Durability Program of Sec.
86.094-13(f). The manufacturer determines the form and extent of this
service accumulation, consistent with good engineering practice, and
describes it in the application for certification. Service accumulation
under the Standard Self-Approval Durability Program is conducted on
vehicles, engines, subsystems, or components selected by the
manufacturer under Sec. 86.000-24(c)(2)(i).
(ii) This paragraph (b)(2)(ii) applies to service accumulation
conducted under the Alternative Service Accumulation Durability Program
of Sec. 86.094-13(e). The service accumulation method is developed by
the manufacturer to be consistent with good engineering practice and to
accurately predict the deterioration of the vehicle's emissions in
actual use over its full useful life. The method is subject to advance
approval by the Administrator and to verification by an in-use
verification program conducted by the manufacturer under Sec. 86.094-
13(e)(5).
(b)(2)(iii)-(b)(4)(i)(C) [Reserved]. For guidance see Sec. 86.094-
26.
(b)(4)(i)(D)-(b)(4)(ii)(D) [Reserved]. For guidance see Sec.
86.095-26.
(b)(4)(iii) [Reserved]
(b)(4)(iv)-(c)(3) [Reserved]. For guidance see Sec. 86.094-26.
(c)(4) [Reserved]. For guidance see Sec. 86.096-26.
(d) introductory text through (d)(2)(i) [Reserved]. For guidance see
Sec. 86.094-26.
(d)(2)(ii) The results of all emission tests shall be recorded and
reported to the Administrator. These test results shall be rounded, in
accordance with the Rounding-Off Method specified in ASTM E29-90,
Standard Practice for Using Significant Digits in Test Data to Determine
Conformance with Specifications (incorporated by reference; see Sec.
86.1), to the number of decimal places contained in the applicable
emission standard expressed to one additional significant figure.
[[Page 26]]
(d)(3)-(d)(6) [Reserved]. For guidance see Sec. 86.094-26.
[61 FR 54883, Oct. 22, 1996]
Sec. 86.000-28 Compliance with emission standards.
Section 86.000-28 includes text that specifies requirements that
differ from Sec. 86.094-28 or Sec. 86.098-28. Where a paragraph in
Sec. 86.094-28 or Sec. 86.098-28 is identical and applicable to Sec.
86.000-28, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
28.'' or ``[Reserved]. For guidance see Sec. 86.098-28.''
(a)(1) This paragraph (a) applies to light duty vehicles.
(2) Each exhaust, evaporative and refueling emission standard (and
family particulate emission limits, as appropriate) of Sec. 86.000-8
applies to the emissions of vehicles for the appropriate useful life as
defined in Sec. Sec. 86.000-2 and 86.000-8.
(a)(3) [Reserved]. For guidance see Sec. 86.094-28.
(a)(4) Introductory text [Reserved]. For guidance see Sec. 86.098-
28.
(a)(4)(i) Separate emission deterioration factors for each regulated
exhaust constituent shall be determined from the FTP exhaust emission
results of the durability-data vehicle(s) for each engine-system
combination. Unless the Administrator approves a manufacturer's request
to develop specific deterioration factors for US06 and air conditioning
(SC03) test results, applicable FTP deterioration factors will also be
used to estimate intermediate and full useful life emissions for all
SFTP regulated emission levels. Separate evaporative and/or refueling
emission deterioration factors shall be determined for each evaporative/
refueling emission family-emission control system combination from the
testing conducted by the manufacturer (gasoline-fueled and methanol-
fueled vehicles only). Separate refueling emission deterioration factors
shall be determined for each evaporative/refueling emission family-
emission control system combination from the testing conducted by the
manufacturer (petroleum-fueled diesel cycle vehicles not certified under
the provisions of Sec. 86.098-28(g) only).
(a)(4)(i)(A)-(a)(4)(i)(B)(2)(i) [Reserved]. For guidance see Sec.
86.094-28.
(a)(4)(i)(B)(2)(ii) These interpolated values shall be carried out
to a minimum of four places to the right of the decimal point before
dividing one by the other to determine the deterioration factor. The
results shall be rounded to three places to the right of the decimal
point in accordance with the Rounding-Off Method specified in ASTM E29-
90, Standard Practice for Using Significant Digits in Test Data to
Determine Conformance with Specifications (incorporated by reference;
see Sec. 86.1).
(a)(4)(i)(B)(2)(iii)-(a)(4)(i)(B)(2)(iv) [Reserved]. For guidance
see Sec. 86.094-28.
(a)(4)(i)(C)-(a)(4)(i)(D)(2) [Reserved]. For guidance see Sec.
86.098-28.
(a)(4)(ii)(A)(1) The official exhaust emission test results for each
applicable exhaust emission standard for each emission data vehicle at
the selected test point shall be multiplied by the appropriate
deterioration factor: Provided, that if a deterioration factor as
computed in paragraph (a)(4)(i)(B)(2)(ii) of this section is less than
one, that deterioration factor shall be one for the purposes of this
paragraph. For the SFTP composite standard of (NMHC+NOX), the
measured results of NMHC and NOX must each be multiplied by
their corresponding deterioration factors before the composite
(NMHC+NOX) standard is calculated.
(2) The calculation specified in paragraph (a)(4)(ii)(A)(1) of this
section may be modified with advance approval of the Administrator for
engine-system combinations which are certified under the Alternative
Service Accumulation Durability Program specified in Sec. 86.094-13(e).
(a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see Sec.
86.098-28.
(a)(4)(iii) The emissions to compare with the standard (or the
family particulate emission limit, as appropriate) shall be the adjusted
emissions of Sec. 86.098-28 (a)(4)(ii)(B) and (C) and paragraph
(a)(4)(ii)(A) of this section 211a for each emission-data vehicle. For
the SFTP composite (NMHC+NOX) results, the individual
deterioration factors must be applied to the applicable NMHC and
NOX test results prior to calculating the adjusted composite
[[Page 27]]
(NMHC+NOX) level that is compared with the standard. The
additional composite calculations that are required by the SFTP are
discussed in Sec. 86.164-00 (Supplemental federal test procedure
calculations). Before any emission value is compared with the standard
(or the family particulate emission limit, as appropriate), it shall be
rounded to two significant figures in accordance with the Rounding-Off
Method specified in ASTM E29-90, Standard Practice for Using Significant
Digits in Test Data to Determine Conformance with Specifications
(incorporated by reference; see Sec. 86.1). The rounded emission values
may not exceed the standard (or the family particulate emission limit,
as appropriate).
(a)(4)(iv) [Reserved]. For guidance see Sec. 86.094-28.
(a)(4)(v) [Reserved]. For guidance see Sec. 86.098-28.
(a)(5)-(a)(6) [Reserved]. For guidance see Sec. 86.094-28.
(a)(7) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
(a)(7)(i) Separate deterioration factors shall be determined from
the exhaust emission results of the durability data vehicles for each
emission standard applicable under Sec. 86.000-8, for each engine
family group. Unless the Administrator approves a manufacturer's request
to develop specific deterioration factors for US06 and air conditioning
(SC03) test results, applicable deterioration factors determined from
FTP exhaust emission results will also be used to estimate intermediate
and full useful life emissions for all SFTP regulated emission levels.
The evaporative and/or refueling emission deterioration factors for each
evaporative/refueling family will be determined and applied in
accordance with Sec. 86.098-28 (a)(4) introductory text, (a)(4)(i)(C)
and (D), (a)(4)(ii)(B) and (C), and (a)(4)(v) and Sec. 86.094-28
(a)(4)(i)(A)-(a)(4)(i)(B)(2)(i), (a)(4)(i)(B)(2)(iii) and (iv), and
(a)(4)(iv) and paragraphs (a)(4) (i) introductory, (a)(4)(i)(B)(2)(ii),
(a)(4)(ii)(A), and (a)(4)(iii) of this section.
(a)(7)(ii)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-28.
(b)(4)(ii) Separate exhaust emission deterioration factors for each
regulated exhaust constituent, determined from tests of vehicles,
engines, subsystems, or components conducted by the manufacturer, shall
be supplied for each standard and for each engine-system combination.
Unless the Administrator approves a manufacturer's request to develop
specific deterioration factors for US06 and air conditioning (SC03) test
results, applicable deterioration factors determined from FTP exhaust
emission results will also be used to estimate intermediate and full
useful life emissions for all SFTP regulated emission levels.
(iii) The official exhaust emission results for each applicable
exhaust emission standard for each emission data vehicle at the selected
test point shall be adjusted by multiplication by the appropriate
deterioration factor. However, if the deterioration factor supplied by
the manufacturer is less than one, it shall be one for the purposes of
this paragraph (b)(4)(iii).
(iv) The emissions to compare with the standard(s) (or the family
particulate emission limit, as appropriate) shall be the adjusted
emissions of paragraph (b)(4)(iii) of this section for each emission-
data vehicle. For the SFTP composite (NMHC+NOX) results, the
individual deterioration factors must be applied to the applicable NMHC
and NOX test results prior to calculating the adjusted
composite (NMHC+NOX) level that is compared with the
standard. The additional composite calculations that are required by the
SFTP are discussed in Sec. 86.164-00 (Supplemental federal test
procedure calculations). Before any emission value is compared with the
standard, it shall be rounded to two significant figures in accordance
with the Rounding-Off Method specified in ASTM E29-90, Standard Practice
for Using Significant Digits in Test Data to Determine Conformance with
Specifications (incorporated by reference; see Sec. 86.1).
(5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only
to manufacturers electing to participate in the particulate averaging
program.
(A) If a manufacturer chooses to change the level of any family
particulate emission limit(s), compliance with the new limit(s) must be
based upon existing certification data.
[[Page 28]]
(B) The production-weighted average of the family particulate
emission limits of all applicable engine families, rounded to two
significant figures in accordance with the Rounding-Off Method specified
in ASTM E29-90, Standard Practice for Using Significant Digits in Test
Data to Determine Conformance with Specifications (incorporated by
reference; see Sec. 86.1), must comply with the particulate standards
in Sec. 86.099-9 (a)(1)(iv) or (d)(1)(iv), or the composite particulate
standard as defined in Sec. 86.094-2, as appropriate, at the end of the
product year.
(ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to
manufacturers electing to participate in the NOX averaging
program.
(A) If a manufacturer chooses to change the level of any family
NOX emission limit(s), compliance with the new limit(s) must
be based upon existing certification data.
(B) The production-weighted average of the family FTP NOX
emission limits of all applicable engine families, rounded to two
significant figures in accordance with the Rounding-Off Method specified
in ASTM E29-90, Standard Practice for Using Significant Digits in Test
Data to Determine Conformance with Specifications (incorporated by
reference; see Sec. 86.1), must comply with the NOX
standards of Sec. 86.099-9(a)(1)(iii) (A) or (B), or the composite
NOX standard as defined in Sec. 86.094-2, at the end of the
product year.
(b)(6) [Reserved]
(b)(7)(i)-(b)(7)(iii) [Reserved]. For guidance see Sec. 86.094-28.
(b)(7)(iv) The emission value for each evaporative emission data
vehicle to compare with the standards shall be the adjusted emission
value of Sec. 86.094-28 (b)(7)(iii) rounded to two significant figures
in accordance with the Rounding-Off Method specified in ASTM E29-90,
Standard Practice for Using Significant Digits in Test Data to Determine
Conformance with Specifications (incorporated by reference; see Sec.
86.1).
(b)(8)-(c)(4)(iii)(B)(3) [Reserved]. For guidance see Sec. 86.094-
28.
(c)(4)(iv) The emission values for each emission data engine to
compare with the standards (or family emission limits, as appropriate)
shall be the adjusted emission values of Sec. 86.094-28 (c)(4)(iii),
rounded to the same number of significant figures as contained in the
applicable standard in accordance with the Rounding-Off Method specified
in ASTM E29-90, Standard Practice for Using Significant Digits in Test
Data to Determine Conformance with Specifications (incorporated by
reference; see Sec. 86.1).
(c)(5)-(d)(4) [Reserved]. For guidance see Sec. 86.094-28.
(d)(5) The emission level to compare with the standard shall be the
adjusted emission level of Sec. 86.094-28 (d)(4). Before any emission
value is compared with the standard it shall be rounded to two
significant figures, in accordance with the Rounding-Off Method
specified in ASTM E29-90, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications (incorporated
by reference; see Sec. 86.1). The rounded emission values may not
exceed the standard.
(6) Every test vehicle of an evaporative emission family must comply
with the evaporative emission standard, as determined in paragraph
(d)(5) of this section, before any vehicle in that family may be
certified.
(e)-(h) [Reserved]. For guidance see Sec. 86.098-28.
[61 FR 54884, Oct. 22, 1996]
Sec. 86.001-1 General applicability.
(a) The provisions of this subpart generally apply to 2001 and later
model year new Otto-cycle and diesel-cycle heavy-duty engines. In cases
where a provision applies only to a certain vehicle group based on its
model year, vehicle class, motor fuel, engine type, or other
distinguishing characteristics, the limited applicability is cited in
the appropriate section or paragraph. The provisions of this subpart
continue to generally apply to 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty vehicles and 2000 and earlier model
year new Otto-cycle and diesel-cycle light-duty trucks produced.
Provisions generally applicable to all 2001 and later model year new
Otto-cycle and diesel-cycle light-duty vehicles and 2001 and later model
year new Otto-cycle and diesel-cycle light-
[[Page 29]]
duty trucks are located in Subpart S of this part.
(b) Optional applicability. (1) A manufacturer may request to
certify any heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight
Rating or less in accordance with the light-duty truck provisions
located in subpart S of this part through the 2004 model year (through
the 2003 model year for manufacturers choosing Otto-cycle HDE Option 2
in Sec. 86.005-1(c)(2), or through the 2002 model year for
manufacturers choosing Otto-cycle HDE Option 1 in Sec. 86.005-1(c)(1)).
Heavy-duty engine or vehicle provisions of this subpart A do not apply
to such a vehicle.
(2) Beginning with the 2000 model year, a manufacturer may certify
any Otto-cycle heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight
Rating or less in accordance with the provisions for Otto-cycle complete
heavy-duty vehicles located in subpart S of this part for purposes of
generating credits in the heavy-duty vehicle averaging, banking, and
trading program contained in Sec. 86.1817-05. Heavy-duty engine or
heavy-duty vehicle provisions of this subpart A do not apply to such a
vehicle.
(c)-(d) [Reserved]
(e) Small volume manufacturers. Special certification procedures are
available for any manufacturer whose projected combined U.S. sales of
light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-
duty engines in its product line (including all vehicles and engines
imported under the provisions of Sec. Sec. 85.1505 and 85.1509 of this
chapter) are fewer than 10,000 units for the model year in which the
manufacturer seeks certification. To certify its product line under
these optional procedures, the small-volume manufacturer must first
obtain the Administrator's approval. The manufacturer must meet the
eligibility criteria specified in Sec. 86.092-14(b) before the
Administrator's approval will be granted. The small-volume
manufacturer's certification procedures are described in Sec. 86.092-
14.
(f) Optional procedures for determining exhaust opacity. (1) The
provisions of subpart I of this part apply to tests which are performed
by the Administrator, and optionally, by the manufacturer.
(2) Measurement procedures, other than those described in subpart I
of this part, may be used by the manufacturer provided the manufacturer
satisfies the requirements of Sec. 86.091-23(f).
(3) When a manufacturer chooses to use an alternative measurement
procedure it has the responsibility to determine whether the results
obtained by the procedure will correlate with the results which would be
obtained from the measurement procedure in subpart I of this part.
Consequently, the Administrator will not routinely approve or disapprove
any alternative opacity measurement procedure or any associated
correlation data which the manufacturer elects to use to satisfy the
data requirements for subpart I of this part.
(4) If a confirmatory test(s) is performed and the results indicate
there is a systematic problem suggesting that the data generated under
an optional alternative measurement procedure do not adequately
correlate with data obtained in accordance with the procedures described
in subpart I of this part, EPA may require that all certificates of
conformity not already issued be based on data obtained from procedures
described in subpart I of this part.
[64 FR 23920, May 4, 1999, as amended at 65 FR 59945, Oct. 6, 2000]
Sec. 86.001-2 Definitions.
The definitions of Sec. 86.000-2 continue to apply to 2000 and
later model year vehicles. The definitions listed in this section apply
beginning with the 2001 model year.
Useful life means:
(1) For light-duty vehicles, and for light light-duty trucks not
subject to the Tier 0 standards of Sec. 86.094-9(a), intermediate
useful life and/or full useful life. Intermediate useful life is a
period of use of 5 years or 50,000 miles, whichever occurs first. Full
useful life is a period of use of 10 years or 100,000 miles, whichever
occurs first, except as otherwise noted in Sec. 86.094-9. The useful
life of evaporative and/or refueling emission control systems on the
portion of these vehicles subject to the evaporative emission test
requirements
[[Page 30]]
of Sec. 86.130-96, and/or the refueling emission test requirements of
Sec. 86.151-2001, is defined as a period of use of 10 years or 100,000
miles, whichever occurs first.
(2) For light light-duty trucks subject to the Tier 0 standards of
Sec. 86.094-9(a), and for heavy light-duty truck engine families,
intermediate and/or full useful life. Intermediate useful life is a
period of use of 5 years or 50,000 miles, whichever occurs first. Full
useful life is a period of use of 11 years or 120,000 miles, whichever
occurs first. The useful life of evaporative emission and/or refueling
control systems on the portion of these vehicles subject to the
evaporative emission test requirements of Sec. 86.130-96, and/or the
refueling emission test requirements of Sec. 86.151-2001, is also
defined as a period of 11 years or 120,000 miles, whichever occurs
first.
(3) For an Otto-cycle heavy-duty engine family:
(i) For hydrocarbon and carbon monoxide standards, a period of use
of 8 years or 110,000 miles, whichever first occurs.
(ii) For the oxides of nitrogen standard, a period of use of 10
years or 110,000 miles, whichever first occurs.
(iii) For the portion of evaporative emission control systems
subject to the evaporative emission test requirements of Sec. 86.1230-
96, a period of use of 10 years or 110,000 miles, whichever occurs
first.
(4) For a diesel heavy-duty engine family:
(i) For light heavy-duty diesel engines, for hydrocarbon, carbon
monoxide, and particulate standards, a period of use of 8 years or
110,000 miles, whichever first occurs.
(ii) For light heavy-duty diesel engines, for the oxides of nitrogen
standard, a period of use of 10 years or 110,000 miles, whichever first
occurs.
(iii) For medium heavy-duty diesel engines, for hydrocarbon, carbon
monoxide, and particulate standards, a period of use of 8 years or
185,000 miles, whichever first occurs.
(iv) For medium heavy-duty diesel engines, for the oxides of
nitrogen standard, a period of use of 10 years or 185,000 miles,
whichever first occurs.
(v) For heavy heavy-duty diesel engines, for hydrocarbon, carbon
monoxide, and particulate standards, a period of use of 8 years or
290,000 miles, whichever first occurs, except as provided in paragraph
(4)(vii) of this definition.
(vi) For heavy heavy-duty diesel engines, for the oxides of nitrogen
standard, a period of use of 10 years or 290,000 miles, whichever first
occurs.
(vii) For heavy heavy-duty diesel engines used in urban buses, for
the particulate standard, a period of use of 10 years or 290,000 miles,
whichever first occurs.
[59 FR 16281, Apr. 6, 1994, as amended at 61 FR 54886, Oct. 22, 1996]
Sec. 86.001-9 Emission standards for 2001 and later model year light-duty
trucks
Section 86.001-9 includes text that specifies requirements that
differ from Sec. 86.097-9, Sec. 86.099-9 or Sec. 86.000-9. Where a
paragraph in Sec. 86.097-9, Sec. 86.099-9 or Sec. 86.000-9 is
identical and applicable to Sec. 86.001-9, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.097-9.'' or ``[Reserved]. For guidance see
Sec. 86.099-9.'' or ``[Reserved]. For guidance see Sec. 86.000-9.''
(a)(1) introductory text through (a)(1)(iii) [Reserved]. For
guidance see Sec. 86.097-9.
(a)(1)(iv)-(b)(4) [Reserved]. For guidance see Sec. 86.099-9.
(b)(5) [Reserved]
(b)(6) Vehicles certified to the refueling standards set forth in
paragraph (d) of this section are not required to demonstrate compliance
with the fuel dispensing spitback standards contained in Sec. 86.096-9
(b)(1)(iii) and (b)(2)(iii): Provided, that they meet the requirements
of Sec. 86.001-28(f).
(c) [Reserved]. For guidance see Sec. 86.097-9.
(d) Refueling emissions from 2001 and later model year gasoline-
fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-
fueled diesel-cycle light duty trucks of 6,000 pounds or less GVWR shall
not exceed the following standards. The standards apply equally to
certification and in-use vehicles.
(1) Standards--(i) Hydrocarbons (for gasoline-fueled Otto-cycle and
petroleum-fueled diesel-cycle vehicles). 0.20
[[Page 31]]
gram per gallon (0.053 gram per liter) of fuel dispensed.
(ii) Total Hydrocarbon Equivalent (for methanol-fueled vehicles).
0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.
(iii) Hydrocarbons (for liquefied petroleum gas-fueled vehicles).
0.15 gram per gallon (0.04 gram per liter) of fuel dispensed.
(iv) Refueling receptacle (for natural gas-fueled vehicles).
Refueling receptacles on natural gas-fueled vehicles shall comply with
the receptacle provisions of the ANSI/AGA NGV1-1994 standard (as
incorporated by reference in Sec. 86.1).
(2)(i) The standards set forth in paragraphs (d)(1)(i) and (ii) of
this section refer to a sample of refueling emissions collected under
the conditions as set forth in subpart B of this part and measured in
accordance with those procedures.
(ii) For vehicles powered by petroleum-fueled diesel-cycle engines,
the provisions set forth in paragraph (d)(1)(i) of this section may be
waived: Provided, that the manufacturer complies with the provisions of
Sec. 86.001-28(f).
(3) A minimum of the percentage shown in table A01-09 of a
manufacturer's sales of the applicable model year's gasoline- and
methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled
diesel-cycle light-duty trucks of 6,000 pounds or less GVWR shall be
tested under the procedures in subpart B of this part indicated for 2001
and later model years, and shall not exceed the standards described in
paragraph (d)(1) of this section. Vehicles certified in accordance with
paragraph (d)(2)(ii) of this section, as determined by the provisions of
Sec. 86.001-28(g), shall not be counted in the calculation of the
percentage of compliance:
Table A01-09--Implementation Schedule for Light-Duty Truck Refueling
Emission Testing
------------------------------------------------------------------------
Sales
Model year percentage
------------------------------------------------------------------------
2001....................................................... 40
2002....................................................... 80
2003 and subsequent........................................ 100
------------------------------------------------------------------------
(e) [Reserved]. For guidance see Sec. 86.000-9.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see Sec. 86.097-9.
[61 FR 54886, Oct. 22, 1996]
Sec. 86.001-21 Application for certification.
Section 86.001-21 includes text that specifies requirements that
differ from Sec. 86.094-21 or Sec. 86.096-21. Where a paragraph in
Sec. 86.094-21 or Sec. 86.096-21 is identical and applicable to Sec.
86.001-21, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
21.'' or ``[Reserved]. For guidance see Sec. 86.096-21.''
(a)-(b)(1)(i)(B) [Reserved]. For guidance see Sec. 86.094-21.
(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance
in the application for certification which attests to the fact that they
have assured themselves that the engine family is designed to comply
with the intermediate temperature cold testing criteria of subpart C of
this part, and does not unnecessarily reduce emission control
effectiveness of vehicles operating at high altitude or other conditions
not experienced within the US06 (aggressive driving) and SC03 (air
conditioning) test cycles.
(b)(1)(i)(C)(1)-(b)(1)(ii)(C) [Reserved]. For guidance see Sec.
86.094-21.
(b)(2) Projected U.S. sales data sufficient to enable the
Administrator to select a test fleet representative of the vehicles (or
engines) for which certification is requested, and data sufficient to
determine projected compliance with the standards implementation
schedules of Sec. 86.000-8 and 86.000-9. Volume projected to be
produced for U.S. sale may be used in lieu of projected U.S. sales.
(b)(3) A description of the test equipment and fuel proposed to be
used.
(b)(4)(i) For light-duty vehicles and light-duty trucks, a
description of the test procedures to be used to establish the
evaporative emission and/or refueling emission deterioration factors, as
appropriate, required to be determined and supplied in Sec. 86.001-
23(b)(2).
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
[[Page 32]]
(b)(5)(v) For light-duty vehicles and applicable light-duty trucks
with non-integrated refueling emission control systems, the number of
continuous UDDS cycles, determined from the fuel economy on the UDDS
applicable to the test vehicle of that evaporative/refueling emission
family-emission control system combination, required to use a volume of
fuel equal to 85% of fuel tank volume.
(b)(6)-(b)(8) [Reserved]. For guidance see Sec. 86.094-21.
(b)(9) For each light-duty vehicle, light-duty truck, evaporative/
refueling emission family or heavy-duty vehicle evaporative emission
family, a description of any unique procedures required to perform
evaporative and/or refueling emission tests, as applicable, (including
canister working capacity, canister bed volume, and fuel temperature
profile for the running loss test) for all vehicles in that evaporative
and/or evaporative/refueling emission family, and a description of the
method used to develop those unique procedures.
(10) For each light-duty vehicle or applicable light-duty truck
evaporative/refueling emission family, or each heavy-duty vehicle
evaporative emission family:
(i) Canister working capacity, according to the procedures specified
in Sec. 86.132-96(h)(1)(iv);
(ii) Canister bed volume; and
(iii) Fuel temperature profile for the running loss test, according
to the procedures specified in Sec. 86.129-94(d).
(c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
(k) and (l) [Reserved]. For guidance see Sec. 86.096-21.
[61 FR 54886, Oct. 22, 1996]
Sec. 86.001-22 Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment for
certification and Selective Enforcement Audit, adequacy of limits, and
physically adjustable ranges.
Section 86.001-22 includes text that specifies requirements that
differ from Sec. 86.094-22. Where a paragraph in Sec. 86.094-22 is
identical and applicable to Sec. 86.001-22, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-22.''.
(a)-(c) [Reserved]. For guidance see Sec. 86.094-22.
(d) Approval of test procedures. (1) The Administrator does not
approve the test procedures for establishing the evaporative or
refueling emission deterioration factors for light-duty vehicles and
light-duty trucks. The manufacturer shall submit the procedures as
required in Sec. 86.098-21(b)(4)(i) prior to the Administrator's
selection of the test fleet under Sec. 86.098-24(b)(1), and if such
procedures will involve testing of durability data vehicles selected by
the Administrator or elected by the manufacturer under Sec. 86.098-
24(c)(1), prior to initiation of such testing.
(d)(2)-(g) [Reserved]. For guidance see Sec. 86.094-22.
[59 FR 16283, Apr. 6, 1994]
Sec. 86.001-23 Required data.
Section 86.001-23 includes text that specifies requirements that
differ from Sec. 86.095-23, Sec. 86.098-23 or Sec. 86.000-23. Where a
paragraph in Sec. 86.095-23, Sec. 86.098-23 or Sec. 86.000-23 is
identical and applicable to Sec. 86.001-23, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.095-23.'' or ``[Reserved]. For guidance see
Sec. 86.098-23.'' or ``[Reserved]. For guidance see Sec. 86.000-23.''
(a)-(b)(1) [Reserved]. For guidance see Sec. 86.098-23.
(b)(2) For light-duty vehicles and light-duty trucks, the
manufacturer shall submit evaporative emission and/or refueling emission
deterioration factors for each evaporative/refueling emission family-
emission control system combination and all test data that are derived
from testing described under Sec. 86.001-21(b)(4)(i) designed and
conducted in accordance with good engineering practice to assure that
the vehicles covered by a certificate issued under Sec. 86.001-30 will
meet the evaporative and/or refueling emission standards in Sec.
86.099-8 or Sec. 86.001-9, as appropriate, for the useful life of the
vehicle.
(b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.098-23.
(c)(1) [Reserved]. For guidance see Sec. 86.095-23.
[[Page 33]]
(c)(2)-(e)(1) [Reserved]. For guidance see Sec. 86.098-23.
(e)(2) For evaporative and refueling emissions durability, or light-
duty truck or HDE exhaust emissions durability, a statement of
compliance with paragraph (b)(2) of this section or Sec. 86.098-23
(b)(1)(ii), (b)(3), or (b)(4) as applicable.
(3) For certification of vehicles with non-integrated refueling
systems, a statement that the drivedown used to purge the refueling
canister was the same as described in the manufacturer's application for
certification. Furthermore, a description of the procedures used to
determine the number of equivalent UDDS miles required to purge the
refueling canisters, as determined by the provisions of Sec. 86.001-
21(b)(5)(v) and subpart B of this part. Furthermore, a written statement
to the Administrator that all data, analyses, test procedures,
evaluations and other documents, on which the above statement is based,
are available to the Administrator upon request.
(f)-(g) [Reserved]. For guidance see Sec. 86.095-23.
(h)-(m) [Reserved]. For guidance see Sec. 86.098-23.
[61 FR 54887, Oct. 22, 1996, as amended at 62 FR 54720, Oct. 21, 1997]
Sec. 86.001-24 Test vehicles and engines.
Section 86.001-24 includes text that specifies requirements that
differ from Sec. 86.096-24, Sec. 86.098-24 or Sec. 86.000-24. Where a
paragraph in Sec. 86.096-24, Sec. 86.098-24 or Sec. 86.000-9 is
identical and applicable to Sec. 86.001-24, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.096-24.'' or ``[Reserved]. For guidance see
Sec. 86.098-24.'' or ``[Reserved]. For guidance see Sec. 86.000-24.''
(a)-(a)(4) [Reserved]. For guidance see Sec. 86.096-24.
(a)(5)-(a)(7) [Reserved]. For guidance see Sec. 86.098-24.
(a)(8)-(b)(1) introductory text [Reserved]. For guidance see Sec.
86.096-24.
(b)(1)(i)-(b)(1)(ii) [Reserved]. For guidance see Sec. 86.000-24.
(b)(1)(iii)-(b)(1)(vi) [Reserved]. For guidance see Sec. 86.096-24.
(b)(1)(vii)(A)-(b)(1)(viii)(A) [Reserved]. For guidance see Sec.
86.098-24.
(b)(1)(viii)(B)-(e)(2) [Reserved]. For guidance see Sec. 86.096-24.
(f) Carryover and carryacross of durability and emission data. In
lieu of testing an emission-data or durability vehicle (or engine)
selected under Sec. 86.096-24(b)(1) introductory text, (b)(1)(iii)-
(b)(1)(vi) and Sec. 86.000-24(b)(1)(i)-(b)(1)(ii) and Sec. 86.098-
24(b)(1)(vii)(A)-(b)(1)(viii)(A) or Sec. 86.096-24(c), and submitting
data therefor, a manufacturer may, with the prior written approval of
the Administrator, submit exhaust emission data, evaporative emission
data and/or refueling emission data, as applicable, on a similar vehicle
(or engine) for which certification has been obtained or for which all
applicable data required under Sec. 86.001-23 has previously been
submitted.
(g)(1)-(g)(2) [Reserved]. For guidance see Sec. 86.096-24.
(g)(3)-(g)(4) [Reserved]. For guidance see Sec. 86-000-24.
(h) [Reserved]. For guidance see Sec. 86.096-24.
[61 FR 54887, Oct. 22, 1996]
Sec. 86.001-25 Maintenance.
Section 86.001-25 includes text that specifies requirements that
differ from Sec. 86.094-25 or Sec. 86.098-25. Where a paragraph in
Sec. 86.094-25 or Sec. 86.098-25 is identical and applicable to Sec.
86.001-25, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
25.'' or ``[Reserved]. For guidance see Sec. 86.098-25.''
(a)(1) Applicability. This section applies to light-duty vehicles,
light-duty trucks, and heavy-duty engines.
(2) Maintenance performed on vehicles, engines, subsystems, or
components used to determine exhaust, evaporative or refueling emission
deterioration factors, as appropriate, is classified as either emission-
related or non-emission-related and each of these can be classified as
either scheduled or unscheduled. Further, some emission-related
maintenance is also classified as critical emission-related maintenance.
(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance
see Sec. 86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec.
86.098-25.
[[Page 34]]
(b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see Sec. 86.094-
25.
(b)(6)(i)(F) [Reserved]. For guidance see Sec. 86.098-25.
(b)(6)(i)(G)-(H) [Reserved]. For guidance see Sec. 86.094-25.
(i) [Reserved]. For guidance see Sec. 86.000-25.
[61 FR 54887, Oct. 22, 1996]
Sec. 86.001-26 Mileage and service accumulation; emission measurements.
Section 86.001-26 includes text that specifies requirements that
differ from Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26, Sec.
86.098-26 or Sec. 86.000-26. Where a paragraph in Sec. 86.094-26,
Sec. 86.095-26, Sec. 86.096-26, Sec. 86.098-26 or Sec. 86.000-26 is
identical and applicable to Sec. 86.001-26, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-26.'' or ``[Reserved]. For guidance see
Sec. 86.095-26.'' or ``[Reserved]. For guidance see Sec. 86.096-26.''
or ``[Reserved]. For guidance see Sec. 86.098-26.'' or ``[Reserved].
For guidance see Sec. 86.000-26.''
(a)(1) [Reserved]. For guidance see Sec. 86.094-26.
(a)(2)-(a)(3)(i)(A) [Reserved]. For guidance see Sec. 86.000-26.
(a)(3)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
(a)(3)(i)(C) [Reserved]. For guidance see Sec. 86.098-26.
(a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see Sec.
86.094-26.
(a)(3)(ii)(C) [Reserved]. For guidance see Sec. 86.098-26.
(a)(3)(ii)(D)-(a)(4)(i)(B)(4) [Reserved]. For guidance see Sec.
86.094-26.
(a)(4)(i)(C) [Reserved]. For guidance see Sec. 86.000-26.
(a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see Sec. 86.094-
26.
(a)(6)(iii) [Reserved]. For guidance see Sec. 86.000-26.
(a)(7)-(a)(9)(i) [Reserved]. For guidance see Sec. 86.094-26.
(a)(9)(ii) [Reserved]. For guidance see Sec. 86.000-26.
(a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see
Sec. 86.094-26.
(b)(2)(i)-(b)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
(b)(2)(iii) [Reserved]. For guidance see Sec. 86.094-26.
(b)(2)(iv) Service or mileage accumulation which may be part of the
test procedures used by the manufacturer to establish evaporative and/or
refueling emission deterioration factors.
(b)(3)-(b)(4)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
(b)(4)(i)(C) Exhaust, evaporative and/or refueling emission tests
for emission-data vehicle(s) selected for testing under Sec. 86.096-
24(b)(1)(ii), (iii) or (iv)(A) or Sec. 86.098-24(b)(1)(vii) shall be
conducted at the mileage (2,000 mile minimum) at which the engine-system
combination is stabilized for emission testing or at 6,436 kilometer
(4,000 mile) test point under low-altitude conditions.
(b)(4)(i)(D)-(b)(4)(ii)(B) [Reserved]. For guidance see Sec.
86.095-26.
(b)(4)(ii)(C) Exhaust, evaporative and/or refueling emission tests
for emission data vehicle(s) selected for testing under Sec. 86.094-
24(b)(1)(ii), (iii), and (iv) shall be conducted at the mileage (2,000
mile minimum) at which the engine-system combination is stabilized for
emission testing or at the 6,436 kilometer (4,000 mile) test point under
low-altitude conditions.
(b)(4)(ii)(D) [Reserved]. For guidance see Sec. 86.095-26.
(b)(4)(iii) [Reserved]
(b)(4)(iv)-(c)(3) [Reserved]. For guidance see Sec. 86.094-26.
(c)(4) [Reserved]. For guidance see Sec. 86.096-26.
(d)-(d)(2)(i) [Reserved]. For guidance see Sec. 86.094-26.
(d)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
(d)(3)-(d)(6) [Reserved]. For guidance see Sec. 86.094-26.
[61 FR 54888, Oct. 22, 1996]
Sec. 86.001-28 Compliance with emission standards.
Section 86.001-28 includes text that specifies requirements that
differ from Sec. 86.094-28, Sec. 86.098-28 or Sec. 86.000-28. Where a
paragraph in Sec. 86.094-28, Sec. 86.098-28 or Sec. 86.000-28 is
identical and applicable to Sec. 86.001-28, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-28.'' or ``[Reserved]. For guidance see
Sec. 86.098-28.'' or ``[Reserved]. For guidance see Sec. 86.000-28.''
(a)(1)-(a)(2) [Reserved]. For guidance see Sec. 86.000-28.
[[Page 35]]
(a)(3) [Reserved]. For guidance see Sec. 86.094-28.
(a)(4) [Reserved]. For guidance see Sec. 86.098-28.
(a)(4)(i) introductory text [Reserved]. For guidance see Sec.
86.000-28.
(a)(4)(i)(A)-(a)(4)(i)(B)(2)(i) [Reserved]. For guidance see Sec.
86.094-28.
(a)(4)(i)(B)(2)(ii) [Reserved]. For guidance see Sec. 86.000-28.
(a)(4)(i)(B)(2)(iii)-(a)(4)(i)(B)(2)(iv) [Reserved]. For guidance
see Sec. 86.094-28.
(a)(4)(i)(C)-(a)(4)(i)(D)(2) [Reserved]. For guidance see Sec.
86.098-28.
(a)(4)(ii)(A)(1)-(a)(4)(ii)(A)(2) [Reserved]. For guidance see Sec.
86.000-28.
(a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see Sec.
86.098-28.
(a)(4)(iii) [Reserved]. For guidance see Sec. 86.000-28.
(a)(4)(iv) [Reserved]. For guidance see Sec. 86.094-28.
(a)(4)(v) [Reserved]. For guidance see Sec. 86.098-28.
(a)(5)-(a)(6) [Reserved]. For guidance see Sec. 86.094-28.
(a)(7) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
(a)(7)(i) [Reserved]. For guidance see Sec. 86.000-28.
(a)(7)(ii) [Reserved]. For guidance see Sec. 86.094-28.
(b)(1) This paragraph (b) applies to light-duty trucks.
(2) Each exhaust, evaporative and refueling emission standard (and
family emission limits, as appropriate) of Sec. 86.001-9 applies to the
emissions of vehicles for the appropriate useful life as defined in
Sec. Sec. 86.098-2 and 86.001-9.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-28.
(b)(4)(ii)-(b)(6) [Reserved]. For guidance see Sec. 86.000-28.
(b)(7)(i) This paragraph (b)(7) describes the procedure for
determining compliance of a new vehicle with evaporative emission
standards. The procedure described here shall be used for all vehicles
in applicable model years.
(ii) The manufacturer shall determine, based on testing described in
Sec. 86.001-21(b)(4)(i)(A), and supply an evaporative emission
deterioration factor for each evaporative/refueling emission family-
emission control system combination. The factor shall be calculated by
subtracting the emission level at the selected test point from the
emission level at the useful life point.
(iii) The official evaporative emission test results for each
evaporative/refueling emission-data vehicle at the selected test point
shall be adjusted by the addition of the appropriate deterioration
factor. However, if the deterioration factor supplied by the
manufacturer is less than zero, it shall be zero for the purposes of
this paragraph (b)(7)(iii).
(iv) The evaporative emission value for each emission-data vehicle
to compare with the standards shall be the adjusted emission value of
paragraph (b)(7)(iii) of this section rounded to two significant figures
in accordance with the Rounding-Off Method specified in ASTM E29-90,
Standard Practice for Using Significant Digits in Test Data to Determine
Conformance with Specifications (incorporated by reference; see Sec.
86.1).
(8)(i) This paragraph (b)(8) describes the procedure for determining
compliance of a new vehicle with refueling emission standards. The
procedure described here shall be used for all applicable vehicles in
the applicable model years.
(ii) The manufacturer shall determine, based on testing described in
Sec. 86.001-21(b)(4)(i)(B), and supply a refueling emission
deterioration factor for each evaporative/refueling emission family-
emission control system combination. The factor shall be calculated by
subtracting the emission level at the selected test point from the
emission level at the useful life point.
(iii) The official refueling emission test results for each
evaporative/refueling emission-data vehicle at the selected test point
shall be adjusted by the addition of the appropriate deterioration
factor. However, if the deterioration factor supplied by the
manufacturer is less than zero, it shall be zero for the purposes of
this paragraph (b)(8)(iii).
(iv) The emission value for each evaporative emission-data vehicle
to compare with the standards shall be the adjusted emission value of
paragraph (b)(8)(iii) of this section rounded to two significant figures
in accordance with the Rounding-Off Method specified in ASTM E29-90,
Standard Practice
[[Page 36]]
for Using Significant Digits in Test Data to Determine Conformance with
Specifications (incorporated by reference; see Sec. 86.1).
(9) Every test vehicle of an engine family must comply with all
applicable standards (and family emission limits, as appropriate), as
determined in Sec. 86.000-28(b)(4)(iv) and paragraphs (b)(7)(iv) and
(b)(8)(iv) of this section, before any vehicle in that family will be
certified.
(c) Introductory text through (c)(4)(iii)(B)(3) [Reserved]. For
guidance see Sec. 86.094-28.
(c)(4)(iv) [Reserved]. For guidance see Sec. 86.000-28.
(c)(5)-(d)(4) [Reserved]. For guidance see Sec. 86.094-28.
(d)(5)-(d)(6) [Reserved]. For guidance see Sec. 86.000-28.
(e) [Reserved]
(f) Fuel dispensing spitback testing waiver. (1) Vehicles certified
to the refueling emission standards set forth in Sec. 86.098-8, 86.099-
8 and 86.001-9 are not required to demonstrate compliance with the fuel
dispensing spitback standards contained in these sections: Provided,
that--
(i) The manufacturer certifies that the vehicle inherently meets the
Dispensing Spitback Standard as part of compliance with the refueling
emission standard.
(ii) This certification is provided in writing and applies to the
full useful life of the vehicle.
(2) EPA retains the authority to require testing to enforce
compliance and to prevent non-compliance with the Fuel Dispensing
Spitback Standard.
(g) Inherently low refueling emission testing waiver. (1) Vehicles
using fuels/fuel systems inherently low in refueling emissions are not
required to conduct testing to demonstrate compliance with the refueling
emission standards set forth in Sec. Sec. 86.098-8, 86.099-8 or 86.001-
9: Provided, that--
(i) This provision is only available for petroleum diesel fuel. It
is only available if the Reid Vapor Pressure of in-use diesel fuel is
equal to or less than 1 psi (7 Kpa) and for diesel vehicles whose fuel
tank temperatures do not exceed 130 [deg]F (54 [deg]C); and
(ii) To certify using this provision the manufacturer must attest to
the following evaluation: ``Due to the low vapor pressure of diesel fuel
and the vehicle tank temperatures, hydrocarbon vapor concentrations are
low and the vehicle meets the 0.20 grams/gallon refueling emission
standard without a control system.''
(2) The certification required in paragraph (g)(1)(ii) of this
section must be provided in writing and must apply for the full useful
life of the vehicle.
(3) EPA reserves the authority to require testing to enforce
compliance and to prevent noncompliance with the refueling emission
standard.
(4) Vehicles certified to the refueling emission standard under this
provision shall not be counted in the sales percentage compliance
determinations for the 2001, 2002 and subsequent model years.
(h) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled
vehicles which contain fixed liquid level gauges or other gauges or
valves which can be opened to release fuel or fuel vapor during
refueling, and which are being tested for refueling emissions, are not
required to be tested with such gauges or valves open, as outlined in
Sec. 86.157-98(d)(2), provided the manufacturer can demonstrate, to the
satisfaction of the Administrator, that such gauges or valves would not
be opened during refueling in-use due to inaccessibility or other design
features that would prevent or make it very unlikely that such gauges or
valves could be opened.
[61 FR 54888, Oct. 22, 1996]
Sec. 86.001-30 Certification.
Section 86.001-30 includes text that specifies requirements that
differ from Sec. 86.094-30, Sec. 86.095-30 or Sec. 86.098-30. Where a
paragraph in Sec. 86.094-30, Sec. 86.095-30 or Sec. 86.098-30 is
identical and applicable to Sec. 86.001-30, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-30.'' or ``[Reserved]. For guidance see
Sec. 86.095-30.'' or ``[Reserved]. For guidance see Sec. 86.098-30.''.
(a)(1) and (a)(2) [Reserved]. For guidance see Sec. 86.094-30.
(a)(3)(i) [Reserved]. For guidance see Sec. 86.098-30.
[[Page 37]]
(a)(3)(ii)-(a)(4)(ii) [Reserved]. For guidance see Sec. 86.095-30.
(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For
guidance see Sec. 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see Sec.
86.095-30.
(a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec. 86.094-30.
(a)(10) and (a)(11) [Reserved]. For guidance see Sec. 86.098-30.
(a)(12) [Reserved]. For guidance see Sec. 86.094-30.
(a)(13) [Reserved]. For guidance see Sec. 86.095-30.
(a)(14) [Reserved]. For guidance see Sec. 86.094-30.
(a) (15)-(18) [Reserved]. For guidance see Sec. 86.096-30.
(a)(19) [Reserved]. For guidance see Sec. 86.098-30.
(a)(20) For all light-duty trucks certified to refueling emission
standards under Sec. 86.001-9, the provisions of paragraphs (a)(20)
(i)-(iii) this section apply.
(i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec. 86.001-9 both during and after
model year production.
(ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec. 86.001-9 will be considered to be a
failure to satisfy the conditions upon which the certificate(s) was
issued and the individual vehicles sold in violation of the
implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied.
(b)(1) introductory text through (b)(1)(i) [Reserved]. For guidance
see Sec. 86.094-30.
(b)(1)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
(b)(1)(ii)(B) The emission data vehicle(s) selected under Sec.
86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the same
evaporative/refueling control system within the evaporative/refueling
family.
(b)(1)(ii)(C) [Reserved]. For guidance see Sec. 86.094-30.
(b)(1)(ii)(D) The emission-data vehicle(s) selected under Sec.
86.098-24(b)(1)(viii) shall represent all vehicles of the same
evaporative/refueling control system within the evaporative/refueling
emission family, as applicable.
(b)(1) (iii) and (iv) [Reserved]. For guidance see Sec. 86.094-30.
(b)(2) [Reserved]. For guidance see Sec. 86.098-30.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-30.
(b)(4)(ii) introductory text [Reserved]. For guidance see Sec.
86.098-30.
(b)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
(b)(4)(ii)(B)-(iv) [Reserved]. For guidance see Sec. 86.098-30.
(b)(5)-(e) [Reserved]. For guidance see Sec. 86.094-30.
(f) introductory text through (f)(3) [Reserved]. For guidance see
Sec. 86.095-30.
(f)(4) [Reserved]. For guidance see Sec. 86.098-30.
[59 FR 16285, Apr. 6, 1994, as amended at 62 FR 54720, Oct. 21, 1997]
Sec. 86.001-35 Labeling.
Section 86.001-35 includes text that specifies requirements that
differ from Sec. 86.095-35, Sec. 86.096-35 and Sec. 86.098-35. Where
a paragraph in Sec. 86.095-35, Sec. 86.096-35 or Sec. 86.098-35 is
identical and applicable to Sec. 86.001-35, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.095-35.'' or [Reserved]. For guidance see
Sec. 86.096-35. or ``[Reserved]. For guidance see Sec. 86.098-28.''.
(a) introductory text through (a)(1)(iii)(B) [Reserved]. For
guidance see Sec. 86.095-35.
(a)(1)(iii)(C) [Reserved]. For guidance see Sec. 86.098-35.
(a)(1)(iii)(D)-(L) [Reserved]. For guidance see Sec. 86.095-35.
(a)(1)(iii)(M) [Reserved]. For guidance see Sec. 86.098-35.
(a)(1)(iii)(N) [Reserved]. For guidance see Sec. 86.096-35.
(a)(2) heading through (a)(2)(iii)(B) [Reserved]. For guidance see
Sec. 86.095-35.
(a)(2)(iii)(C) Engine displacement (in cubic inches or liters),
engine family identification and evaporative/refueling family
identification.
(a)(2)(iii)(D)-(a)(2)(iii)(E) [Reserved]. For guidance see Sec.
86.095-35.
[[Page 38]]
(a)(2)(iii)(F) [Reserved]
(a)(2)(iii)(G)-(a)(2)(iii)(K) [Reserved]. For guidance see Sec.
86.095-35.
(a)(2)(iii)(L) [Reserved]
(a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see Sec.
86.095-35.
(a)(2)(iii) (O)-(P) [Reserved]. For guidance see Sec. 86.096-35.
(a)(3) heading through (a)(4)(iii)(F) [Reserved]. For guidance see
Sec. 86.095-35.
(a)(4)(ii)(G) [Reserved]. For guidance see Sec. 86.096-35.
(b)-(i) [Reserved]. For guidance see Sec. 86.095-35.
[59 FR 16285, Apr. 6, 1994]
Sec. 86.004-2 Definitions.
The definitions of Sec. 86.001-2 continue to apply to 2001 and
later model year vehicles. The definitions listed in this section apply
beginning with the 2004 model year.
Defeat device means an auxiliary emission control device (AECD) that
reduces the effectiveness of the emission control system under
conditions which may reasonably be expected to be encountered in normal
vehicle operation and use, unless:
(1) Such conditions are substantially included in the applicable
Federal emission test procedure for heavy-duty vehicles and heavy-duty
engines described in subpart N of this part;
(2) The need for the AECD is justified in terms of protecting the
vehicle against damage or accident; or
(3) The AECD does not go beyond the requirements of engine starting.
U.S.-directed production means the engines and/or vehicles (as
applicable) produced by a manufacturer for which the manufacturer has
reasonable assurance that sale was or will be made to ultimate
purchasers in the United States, excluding engines and/or vehicles that
are certified to state emission standards different than the emission
standards in this part.
Useful life means:
(1) For light-duty vehicles, and for light light-duty trucks not
subject to the Tier 0 standards of Sec. 86.094-9(a), intermediate
useful life and/or full useful life. Intermediate useful life is a
period of use of 5 years or 50,000 miles, whichever occurs first. Full
useful life is a period of use of 10 years or 100,000 miles, whichever
occurs first, except as otherwise noted in Sec. 86.094-9. The useful
life of evaporative and/or refueling emission control systems on the
portion of these vehicles subject to the evaporative emission test
requirements of Sec. 86.130-96, and/or the refueling emission test
requirements of Sec. 86.151-98, is defined as a period of use of 10
years or 100,000 miles, whichever occurs first.
(2) For light light-duty trucks subject to the Tier 0 standards of
Sec. 86.094-9(a), and for heavy light-duty truck engine families,
intermediate and/or full useful life. Intermediate useful life is a
period of use of 5 years or 50,000 miles, whichever occurs first. Full
useful life is a period of use of 11 years or 120,000 miles, whichever
occurs first. The useful life of evaporative emission and/or refueling
control systems on the portion of these vehicles subject to the
evaporative emission test requirements of Sec. 86.130-96, and/or the
refueling emission test requirements of Sec. 86.151-98, is also defined
as a period of 11 years or 120,000 miles, whichever occurs first.
(3) For an Otto-cycle HDE family:
(i) For hydrocarbon and carbon monoxide standards, a period of use
of 10 years or 110,000 miles, whichever first occurs.
(ii) For the oxides of nitrogen standard, a period of use of 10
years or 110,000 miles, whichever first occurs.
(iii) For the portion of evaporative emission control systems
subject to the evaporative emission test requirements of Sec. 86.1230-
96, a period of use of 10 years or 110,000 miles, whichever first
occurs.
(4) For a diesel HDE family:
(i) For light heavy-duty diesel engines, for carbon monoxide,
particulate, and oxides of nitrogen plus non-methane hydrocarbons
emissions standards, a period of use of 10 years or 110,000 miles,
whichever first occurs.
(ii) For medium heavy-duty diesel engines, for carbon monoxide,
particulate, and oxides of nitrogen plus non-methane hydrocarbons
emission standards, a period of use of 10 years or 185,000 miles,
whichever first occurs.
(iii) For heavy heavy-duty diesel engines, for carbon monoxide,
particulate, and oxides of nitrogen plus non-methane hydrocarbon
emissions standards, a period of use of 10 years or 435,000 miles, or
22,000 hours, whichever
[[Page 39]]
first occurs, except as provided in paragraphs (4)(iv) and (4)(v) of
this definition.
(iv) The useful life limit of 22,000 hours in paragraph (4)(iii) of
this definition is effective as a limit to the useful life only when an
accurate hours meter is provided by the manufacturer with the engine and
only when such hours meter can reasonably be expected to operate
properly over the useful life of the engine.
(v) For an individual engine, if the useful life hours limit of
22,000 hours is reached before the engine reaches 10 years or 100,000
miles, the useful life shall become 10 years or 100,000 miles, whichever
occurs first, as required under Clean Air Act section 202(d).
(5) As an option for both light-duty trucks under certain conditions
and HDE families, an alternative useful life period may be assigned by
the Administrator under the provisions of Sec. 86.094-21(f).
Warranty period, for purposes of HDE emissions defect warranty and
emissions performance warranty, shall be a period of 5 years/50,000
miles, whichever occurs first, for Otto-cycle HDEs and light heavy-duty
diesel engines. For all other heavy-duty diesel engines the
aforementioned period shall be 5 years/100,000 miles, whichever occurs
first. However, in no case may this period be less than the basic
mechanical warranty period that the manufacturer provides (with or
without additional charge) to the purchaser of the engine. Extended
warranties on select parts do not extend the emissions warranty
requirements for the entire engine but only for those parts. In cases
where responsibility for an extended warranty is shared between the
owner and the manufacturer, the emissions warranty shall also be shared
in the same manner as specified in the warranty agreement.
[62 FR 54720, Oct. 21, 1997, as amended at 65 FR 59945, Oct. 6, 2000; 66
FR 5159, Jan. 18, 2001]
Sec. 86.004-9 Emission standards for 2004 and later model year light-duty
trucks.
Section 86.004-9 includes text that specifies requirements that
differ from Sec. 86.097-9, Sec. 86.099-9, Sec. 86.000-9 or Sec.
86.001-9. Where a paragraph in Sec. 86.097-9, Sec. 86.099-9, Sec.
86.000-9 or Sec. 86.001-9 is identical and applicable to Sec. 86.004-
9, this may be indicated by specifying the corresponding paragraph and
the statement ``[Reserved]. For guidance see Sec. 86.097-9.'' or
``[Reserved]. For guidance see Sec. 86.099-9.'' or ``[Reserved]. For
guidance see Sec. 86.000-9.'' or ``[Reserved]. For guidance see Sec.
86.001-9.''
(a)(1) introductory text through (a)(1)(iii) [Reserved]. For
guidance see Sec. 86.097-9.
(a)(1)(iv)-(b)(4) [Reserved]. For guidance see Sec. 86.099-9.
(b)(5) [Reserved]
(b)(6) [Reserved]. For guidance see Sec. 86.001-9.
(c) [Reserved]. For guidance see Sec. 86.097-9.
(d) Refueling emissions from 2004 and later model year gasoline-
fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-
fueled diesel-cycle light-duty trucks shall not exceed the following
standards. The standards apply equally to certification and in-use
vehicles.
(d)(1)-(d)(2)(ii) [Reserved]. For guidance see Sec. 86.001-9.
(d)(2)(iii) Heavy-duty vehicles certified as light-duty trucks under
the provisions of Sec. 86.085-1 shall comply with the provisions of
Sec. 86.001-9 (d)(1)(i) and (ii).
(3)(i) All light-duty trucks of a GVWR equal to 6,000 pounds or less
(100%) must meet the refueling emission standard.
(ii) A minimum of the percentage shown in table A04-09 of a
manufacturer's sales of the applicable model year's gasoline- and
methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled
diesel-cycle light-duty trucks of 6,001 to 8,500 pounds GVWR shall be
tested under the procedures in subpart B of this part indicated for 2004
and later model years, and shall not exceed the standards described in
Sec. 86.001-9 (d)(1). Vehicles certified in accordance with Sec.
86.001-9 (d)(2)(ii), as determined by the provisions of Sec. 86.001-
28(g), shall not be counted in the calculation of the percentage of
compliance:
[[Page 40]]
Table A04-09--Implementation Schedule for Light-Duty Truck Refueling
Emission Testing
------------------------------------------------------------------------
Sales
Model year percentage
------------------------------------------------------------------------
2004....................................................... 40
2005....................................................... 80
2006 and subsequent........................................ 100
------------------------------------------------------------------------
(e) [Reserved]. For guidance see Sec. 86.000-9.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see Sec. 86.097-9.
[61 FR 54889, Oct. 22, 1996]
Sec. 86.004-11 Emission standards for 2004 and later model year diesel
heavy-duty engines and vehicles.
This section applies to 2004 and later model year diesel HDEs.
(a)(1) Exhaust emissions from new 2004 and later model year diesel
HDEs shall not exceed the following:
(i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NOX +NMHC)
for engines fueled with either petroleum fuel, natural gas, or liquefied
petroleum gas, 2.4 grams per brake horsepower-hour (0.89 gram per
megajoule), as measured under transient operating conditions.
(B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent
(NOX+NMHCE) for engines fueled with methanol, 2.4 grams per brake
horsepower-hour (0.89 gram per megajoule), as measured under transient
operating conditions.
(C) Optional standard. Manufacturers may elect to certify to an
Oxides of Nitrogen plus Non-methane Hydrocarbons (or equivalent for
methanol-fueled engines) standard of 2.5 grams per brake horsepower-hour
(0.93 gram per megajoule), as measured under transient operating
conditions, provided that Non-methane Hydrocarbons (or equivalent for
methanol-fueled engines) do not exceed 0.5 grams per brake horsepower-
hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled
engines), as measured under transient operating conditions.
(D) A manufacturer may elect to include any or all of its diesel HDE
families in any or all of the emissions ABT programs for HDEs, within
the restrictions described in Sec. 86.004-15 or superseding applicable
sections. If the manufacturer elects to include engine families in any
of these programs, the NOX plus NMHC (or NOX plus
NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per
brake horsepower-hour (1.7 grams per megajoule). This ceiling value
applies whether credits for the family are derived from averaging,
banking, or trading programs. Additionally, families certified to the
optional standard contained in paragraph (a)(1)(i)(C) of this section
shall not exceed 0.50 grams per brake horsepower-hour (0.19 gram per
megajoule) NMHC (or NMHCE for methanol-fueled engines) through the use
of credits.
(E) [Reserved]
(ii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour (5.77
grams per megajoule), as measured under transient operating conditions.
(B) 0.50 percent of exhaust gas flow at curb idle (methanol-,
natural gas-, and liquefied petroleum gas-fueled diesel HDEs only).
(iii) Particulate. (A) For diesel engines to be used in urban buses,
0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for
certification testing and selective enforcement audit testing, and 0.07
gram per brake horsepower-hour (0.026 gram per megajoule) for in-use
testing, as measured under transient operating conditions.
(B) For all other diesel engines, 0.10 gram per brake horsepower-
hour (0.037 gram per megajoule), as measured under transient operating
conditions.
(C) A manufacturer may elect to include any or all of its diesel HDE
families in any or all of the particulate ABT programs for HDEs, within
the restrictions described in Sec. 86.004-15 or superseding applicable
sections. If the manufacturer elects to include engine families in any
of these programs, the particulate FEL may not exceed 0.25 gram per
brake horsepower-hour (0.093 gram per megajoule).
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(2) of appendix I to this part, and measured and calculated
in accordance with the procedures set forth in subpart N or P
[[Page 41]]
of this part, except as noted in Sec. 86.098-23(c)(2) or superceding
sections.
(b)(1) The opacity of smoke emission from new 2004 and later model
year diesel HDEs shall not exceed:
(i) 20 percent during the engine acceleration mode.
(ii) 15 percent during the engine lugging mode.
(iii) 50 percent during the peaks in either mode.
(2) The standards set forth in paragraph (b)(1) of this section
refer to exhaust smoke emissions generated under the conditions set
forth in subpart I of this part and measured and calculated in
accordance with those procedures.
(3) Evaporative emissions (total of non-oxygenated hydrocarbons plus
methanol) from heavy-duty vehicles equipped with methanol-fueled diesel
engines shall not exceed the following standards. The standards apply
equally to certification and in-use vehicles. The spitback standard also
applies to newly assembled vehicles.
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
lbs:
(A)(1) For the full three-diurnal test sequence described in Sec.
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 3.5 grams per
test.
(B) Running loss test: 0.05 grams per mile.
(C) Fuel dispensing spitback test: 1.0 gram per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs:
(A)(1) For the full three-diurnal test sequence described in Sec.
86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.5 grams per
test.
(B) Running loss test: 0.05 grams per mile.
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 lbs, the standards set forth in paragraph (b)(3) of this section
refer to a composite sample of evaporative emissions collected under the
conditions and measured in accordance with the procedures set forth in
subpart M of this part. For certification vehicles only, manufacturers
may conduct testing to quantify a level of nonfuel background emissions
for an individual test vehicle. Such a demonstration must include a
description of the source(s) of emissions and an estimated decay rate.
The demonstrated level of nonfuel background emissions may be subtracted
from emission test results from certification vehicles if approved in
advance by the Administrator.
(B) For vehicles with a Gross Vehicle Weight Rating of greater than
26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this
section refer to the manufacturer's engineering design evaluation using
good engineering practice (a statement of which is required in Sec.
86.091-23(b)(4)(ii)).
(iv) All fuel vapor generated during in-use operations shall be
routed exclusively to the evaporative control system (e.g., either
canister or engine purge). The only exception to this requirement shall
be for emergencies.
(4) Evaporative emissions from 2004 and later model year heavy-duty
vehicles equipped with natural gas-fueled or liquefied petroleum gas-
fueled HDEs shall not exceed the following standards. The standards
apply equally to certification and in-use vehicles.
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
pounds for the full three-diurnal test sequence described in Sec.
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 pounds for the full three-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per
test.
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 pounds, the standards set forth in paragraph (b)(4) of this
section refer to a composite sample of evaporative emissions collected
under the conditions set forth in subpart M of this part and measured in
accordance with those procedures.
(B) For vehicles with a Gross Vehicle Weight Rating greater than
26,000
[[Page 42]]
pounds, the standards set forth in paragraphs (b)(3)(ii) and (b)(4)(ii)
of this section refer to the manufacturer's engineering design
evaluation using good engineering practice (a statement of which is
required in Sec. 86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any new 2004 or later model year methanol-, natural gas-
, or liquefied petroleum gas-fueled diesel, or any naturally-aspirated
diesel HDE. For petroleum-fueled engines only, this provision does not
apply to engines using turbochargers, pumps, blowers, or superchargers
for air induction.
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart I or N of this part to ascertain that such test engines meet the
requirements of this section.
(e) The standards described in this section do not apply to diesel-
fueled medium-duty passenger vehicles (MDPVs) that are subject to
regulation under subpart S of this part, except as specified in subpart
S of this part. The standards described in this section also do not
apply to diesel engines used in such MDPVs, except as specified in the
regulations in subpart S of this part. The term ``medium-duty passenger
vehicle'' is defined in Sec. 86.1803.
[62 FR 54721, Oct. 21, 1997, as amended at 65 FR 6848, Feb. 10, 2000; 65
FR 59945, Oct. 6, 2000]
Sec. 86.004-15 NOX plus NMHC and particulate averaging, trading,
and banking for heavy-duty engines.
(a)(1) Heavy-duty engines eligible for NOX plus NMHC and
particulate averaging, trading and banking programs are described in the
applicable emission standards sections in this subpart. All heavy-duty
engine families which include any engines labeled for use in clean-fuel
vehicles as specified in 40 CFR part 88 are not eligible for these
programs. For manufacturers not selecting Options 1 or 2 contained in
Sec. 86.005-10(f), the ABT program requirements contained in Sec.
86.000-15 apply for 2004 model year Otto-cycle engines, rather than the
provisions contained in this Sec. 86.004-15. Participation in these
programs is voluntary.
(2)(i) Engine families with FELs exceeding the applicable standard
shall obtain emission credits in a mass amount sufficient to address the
shortfall. Credits may be obtained from averaging, trading, or banking,
within the averaging set restrictions described in this section.
(ii) Engine families with FELs below the applicable standard will
have emission credits available to average, trade, bank or a combination
thereof. Credits may not be used for averaging or trading to offset
emissions that exceed an FEL. Credits may not be used to remedy an in-
use nonconformity determined by a Selective Enforcement Audit or by
recall testing. However, credits may be used to allow subsequent
production of engines for the family in question if the manufacturer
elects to recertify to a higher FEL.
(b) Participation in the NOX plus NMHC and/or particulate
averaging, trading, and banking programs shall be done as follows:
(1) During certification, the manufacturer shall:
(i) Declare its intent to include specific engine families in the
averaging, trading and/or banking programs. Separate declarations are
required for each program and for each pollutant (i.e., NOX
plus NMHC, and particulate).
(ii) Declare an FEL for each engine family participating in one or
more of these two programs.
(A) The FEL must be to the same level of significant digits as the
emission standard (one-tenth of a gram per brake horsepower-hour for
NOX plus NMHC emissions and one-hundredth of a gram per brake
horsepower-hour for particulate emissions).
(B) In no case may the FEL exceed the upper limit prescribed in the
section concerning the applicable heavy-duty engine NOX plus
NMHC and particulate emission standards.
(iii) Calculate the projected emission credits (positive or
negative) based on quarterly production projections for each
participating family and for each pollutant, using the applicable
equation in paragraph (c) of this section
[[Page 43]]
and the applicable factors for the specific engine family.
(iv)(A) Determine and state the source of the needed credits
according to quarterly projected production for engine families
requiring credits for certification.
(B) State where the quarterly projected credits will be applied for
engine families generating credits.
(C) Credits may be obtained from or applied to only engine families
within the same averaging set as described in paragraph (d) or (e) of
this section. Credits available for averaging, trading, or banking as
defined in Sec. 86.090-2, may be applied exclusively to a given engine
family, or reserved as defined in Sec. 86.091-2.
(2) Based on this information each manufacturer's certification
application must demonstrate:
(i) That at the end of model year production, each engine family has
a net emissions credit balance of zero or more using the methodology in
paragraph (c) of this section with any credits obtained from averaging,
trading or banking.
(ii) The source of the credits to be used to comply with the
emission standard if the FEL exceeds the standard, or where credits will
be applied if the FEL is less than the emission standard. In cases where
credits are being obtained, each engine family involved must state
specifically the source (manufacturer/engine family) of the credits
being used. In cases where credits are being generated/supplied, each
engine family involved must state specifically the designated use
(manufacturer/engine family or reserved) of the credits involved. All
such reports shall include all credits involved in averaging, trading or
banking.
(3) During the model year manufacturers must:
(i) Monitor projected versus actual production to be certain that
compliance with the emission standards is achieved at the end of the
model year.
(ii) Provide the end-of-model year reports required under Sec.
86.001-23.
(iii) For manufacturers participating in emission credit trading,
maintain the quarterly records required under Sec. 86.091-7(c)(8).
(4) Projected credits based on information supplied in the
certification application may be used to obtain a certificate of
conformity. However, any such credits may be revoked based on review of
end-of-model year reports, follow-up audits, and any other compliance
measures deemed appropriate by the Administrator.
(5) Compliance under averaging, banking, and trading will be
determined at the end of the model year. Engine families without an
adequate amount of NOX, NOX plus NMHC, and/or
particulate emission credits will violate the conditions of the
certificate of conformity. The certificates of conformity may be voided
ab initio for engine families exceeding the emission standard.
(6) If EPA or the manufacturer determines that a reporting error
occurred on an end-of-year report previously submitted to EPA under this
section, the manufacturer's credits and credit calculations will be
recalculated. Erroneous positive credits will be void. Erroneous
negative balances may be adjusted by EPA for retroactive use.
(i) If EPA review of a manufacturer's end-of-year report indicates a
credit shortfall, the manufacturer will be permitted to purchase the
necessary credits to bring the credit balance for that engine family to
zero, using the discount specified in paragraph (c)(1) of this section
on the ratio of credits purchased for every credit needed to bring the
balance to zero. If sufficient credits are not available to bring the
credit balance for the family in question to zero, EPA may void the
certificate for that engine family ab initio.
(ii) If within 180 days of receipt of the manufacturer's end-of-year
report, EPA review determines a reporting error in the manufacturer's
favor (i.e., resulting in a positive credit balance) or if the
manufacturer discovers such an error within 180 days of EPA receipt of
the end-of-year report, the credits will be restored for use by the
manufacturer.
(c)(1) For each participating engine family, NOX plus
NMHC, and particulate emission credits (positive or negative) are to be
calculated according to one of the following equations and rounded, in
accordance with ASTM
[[Page 44]]
E29-93a (incorporated by reference at Sec. 86.1), to the nearest one-
tenth of a Megagram (Mg). Consistent units are to be used throughout the
equation.
(i) For determining credit need for all engine families and credit
availability for engine families generating credits for averaging
programs only:
Emission credits = (Std - FEL) x (CF) x (UL) x (Production) x
(10-6)
(ii) For determining credit availability for engine families
generating credits for trading or banking programs:
Emission credits = (Std - FEL) x (CF) x (UL) x (Production) x
(10-6) x (Discount)
(iii) For purposes of the equation in paragraphs (c)(1)(i) and (ii)
of this section:
Std = the current and applicable heavy-duty engine NOX plus
NMHC or particulate emission standard in grams per brake horsepower hour
or grams per Megajoule.
FEL = the NOX plus NMHC, or particulate family emission limit
for the engine family in grams per brake horsepower hour or grams per
Megajoule.
CF = a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given
in paragraph (c)(2) of this section.
UL = the useful life described in Sec. 86.004-2, or alternative life as
described in Sec. 86.004-21(f), for the given engine family in miles.
Production = the number of engines produced for U.S. sales within the
given engine family during the model year. Quarterly production
projections are used for initial certification. Actual production is
used for end-of-year compliance determination.
Discount = a one-time discount applied to all credits to be banked or
traded within the model year generated. Except as otherwise allowed in
paragraphs (k) and (l) of this section, the discount applied here is
0.9. Banked credits traded in a subsequent model year will not be
subject to an additional discount. Banked credits used in a subsequent
model year's averaging program will not have the discount restored.
(2)(i) The transient cycle conversion factor is the total
(integrated) cycle brake horsepower-hour or Megajoules, divided by the
equivalent mileage of the applicable transient cycle. For Otto-cycle
heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel
heavy-duty engines, the equivalent mileage is 6.5 miles.
(ii) When more than one configuration is chosen by EPA to be tested
in the certification of an engine family (as described in Sec. 86.085-
24), the conversion factor used is to be based upon a production
weighted average value of the configurations in an engine family to
calculate the conversion factor.
(d) Averaging sets for NOX plus NMHC emission credits. The averaging
and trading of NOX plus NMHC emission credits will only be
allowed between heavy-duty engine families in the same averaging set.
The averaging sets for the averaging and trading of NOX plus
NMHC emission credits for heavy-duty engines are defined as follows:
(1) For NOX+NMHC credits from Otto-cycle heavy-duty
engines:
(i) Otto-cycle heavy-duty engines constitute an averaging set.
Averaging and trading among all Otto-cycle heavy-duty engine families is
allowed. There are no subclass restrictions.
(ii) Otto-cycle heavy-duty vehicles certified under the chassis-
based provisions of Subpart S of this Part may not average or trade with
heavy-duty Otto-cycle engines except as allowed in Sec. 86.1817-05(o).
(2) For NOX plus NMHC credits from diesel-cycle heavy-
duty engines:
(i) Each of the three primary intended service classes for heavy-
duty diesel engines, as defined in Sec. 86.004-2, constitute an
averaging set. Averaging and trading among all diesel-cycle engine
families within the same primary service class is allowed.
(ii) Urban buses are treated as members of the primary intended
service class where they otherwise would fall.
(e) Averaging sets for particulate emission credits. The averaging
and trading of particulate emission credits will only be allowed between
diesel cycle heavy-duty engine families in the same averaging set. The
averaging sets for the averaging and trading of particulate emission
credits for diesel cycle heavy-duty engines are defined as follows:
(1) Engines intended for use in urban buses constitute a separate
averaging set from all other heavy-duty engines. Averaging and trading
between diesel cycle bus engine families is allowed.
(2) For heavy-duty engines, exclusive of urban bus engines, each of
the three
[[Page 45]]
primary intended service classes for heavy-duty diesel cycle engines, as
defined in Sec. 86.004-2, constitute an averaging set. Averaging and
trading between diesel-cycle engine families within the same primary
service class is allowed.
(3) Otto cycle engines may not participate in particulate averaging,
trading, or banking.
(f) Banking of NOX plus NMHC, and particulate emission credits. (1)
Credit deposits. (i) NOX plus NMHC, and particulate emission
credits may be banked from engine families produced in any model year.
(ii) Manufacturers may bank credits only after the end of the model
year and after actual credits have been reported to EPA in the end-of-
year report. During the model year and before submittal of the end-of-
year report, credits originally designated in the certification process
for banking will be considered reserved and may be redesignated for
trading or averaging.
(2) Credit withdrawals. (i) NOX plus NMHC and particulate
credits generated in 2004 and later model years do not expire.
NOX plus NMHC credits generated by Otto-cycle engines in the
2003 model year for manufacturers selecting Option 1 contained in Sec.
86.005-10(f)(1) also do not expire.
(ii) Manufacturers withdrawing banked NOX plus NMHC, and/
or particulate credits shall indicate so during certification and in
their credit reports, as described in Sec. 86.091-23.
(3) Use of banked emission credits. The use of banked credits shall
be within the averaging set and other restrictions described in
paragraphs (d) and (e) of this section, and only for the following
purposes:
(i) Banked credits may be used in averaging, or in trading, or in
any combination thereof, during the certification period. Credits
declared for banking from the previous model year but not reported to
EPA may also be used. However, if EPA finds that the reported credits
can not be proven, they will be revoked and unavailable for use.
(ii) Banked credits may not be used for NOX plus NMHC or
particulate averaging and trading to offset emissions that exceed an
FEL. Banked credits may not be used to remedy an in-use nonconformity
determined by a Selective Enforcement Audit or by recall testing.
However, banked credits may be used for subsequent production of the
engine family if the manufacturer elects to recertify to a higher FEL.
(iii) NOX credits banked under paragraph Sec. 86.098-
15(j) or Sec. 86.000-15(k) may be used in place of NOX plus
NMHC credits in 2004 and later model years provided that they are used
in the correct averaging set. NOX credits banked under
paragraph Sec. 86.000-15(k) may also be used in place of NOX
plus NMHC credits in the 2003 model year for manufacturers selecting
Option 1 contained in Sec. 86.005-10(f)(1), provided that they are used
in the correct averaging set.
(iv) Except for early credits banked under Sec. 86.000-15(k),
NOX credits banked in accordance with Sec. 86.000-15 may not
be used to meet the Otto-cycle engine standards contained in Sec.
86.005-10.
(g)(1) This paragraph (g) assumes NOX plus NMHC, and
particulate nonconformance penalties (NCPs) will be available for the
2004 and later model year HDEs.
(2) Engine families using NOX plus NMHC and/or
particulate NCPs but not involved in averaging:
(i) May not generate NOX plus NMHC or particulate credits
for banking and trading.
(ii) May not use NOX plus NMHC or particulate credits
from banking and trading.
(3) If a manufacturer has any engine family to which application of
NCPs and banking and trading credits is desired, that family must be
separated into two distinct families. One family, whose FEL equals the
standard, must use NCPs only while the other, whose FEL does not equal
the standard, must use credits only.
(4) If a manufacturer has any engine family in a given averaging set
which is using NOX plus NMHC and/or particulate NCPs, none of
that manufacturer's engine families in that averaging set may generate
credits for banking and trading.
(h) In the event of a negative credit balance in a trading
situation, both the buyer and the seller would be liable.
(i) Certification fuel used for credit generation must be of a type
that is
[[Page 46]]
both available in use and expected to be used by the engine purchaser.
Therefore, upon request by the Administrator, the engine manufacturer
must provide information acceptable to the Administrator that the
designated fuel is readily available commercially and would be used in
customer service.
(j) Credit apportionment. At the manufacturer's option, credits
generated under the provisions described in this section may be sold to
or otherwise provided to another party for use in programs other than
the averaging, trading and banking program described in this section.
(1) The manufacturer shall pre-identify two emission levels per
engine family for the purposes of credit apportionment. One emission
level shall be the FEL and the other shall be the level of the standard
that the engine family is required to certify to under Sec. 86.005-10
or Sec. 86.004-11. For each engine family, the manufacturer may report
engine sales in two categories, ``ABT-only credits'' and
``nonmanufacturer-owned credits''.
(i) For engine sales reported as ``ABT-only credits'', the credits
generated must be used solely in the ABT program described in this
section.
(ii) The engine manufacturer may declare a portion of engine sales
``nonmanufacturer-owned credits'' and this portion of the credits
generated between the standard and the FEL, based on the calculation in
(c)(1) of this section, would belong to the engine purchaser. For ABT,
the manufacturer may not generate any credits for the engine sales
reported as ``nonmanufacturer-owned credits''. Engines reported as
``nonmanufacturer-owned credits'' shall comply with the FEL and the
requirements of the ABT program in all other respects.
(2) Only manufacturer-owned credits reported as ``ABT-only credits''
shall be used in the averaging, trading, and banking provisions
described in this section.
(3) Credits shall not be double-counted. Credits used in the ABT
program may not be provided to an engine purchaser for use in another
program.
(4) Manufacturers shall determine and state the number of engines
sold as ``ABT-only credits'' and ``nonmanufacturer-owned credits'' in
the end-of-model year reports required under Sec. 86.001-23.
(k) Additional flexibility for diesel-cycle engines. If a diesel-
cycle engine family meets the conditions of either paragraph (k)(1) or
(2) of this section, a Discount of 1.0 may be used in the trading and
banking calculation, for both NOX plus NMHC and for
particulate, described in paragraph (c)(1) of this section.
(1) The engine family certifies with a certification level of 1.9 g/
bhp-hr NOX plus NMHC or lower for all diesel-cycle engine
families.
(2) All of the following must apply to the engine family:
(i) Diesel-cycle engines only;
(ii) 2004, 2005, and 2006 model years only;
(iii) Must be an engine family using carry-over certification data
from prior to model year 2004 where the NOX plus the HC
certification level prior to model year 2004 is below the NOX
plus NMHC or NOX plus NMHCE standard set forth in Sec.
86.004-11. Under this option, the NOX credits generated from
this engine family prior to model year 2004 may be used as
NOX plus NMHC credits.
(l) Additional flexibility for Otto-cycle engines. If an Otto-cycle
engine family meets the conditions of paragraph (l)(1) or (2) of this
section, a discount of 1.0 may be used in the trading and banking
credits calculation for NOX plus NMHC described in paragraph
(c)(1) of this section, as follows:
(1) The engine family has a FEL of 0.5 g/bhp-hr NOX plus
NMHC or lower;
(2) All of the following conditions are met:
(i) For first three consecutive model years that the engine family
is certified to a NOX plus NMHC standard contained in Sec.
86.005-10;
(ii) The engine family is certified using carry-over data from an
engine family which was used to generate early NOX credits
per Sec. 86.000-15(k) where the sum of the NOX FEL plus the
HC (or hydrocarbon equivalent where applicable) certification level is
below 1.0 g/bhp-hr.
[62 FR 54722, Oct. 21, 1997, as amended at 65 FR 59946, Oct. 6, 2000]
[[Page 47]]
Sec. 86.004-16 Prohibition of defeat devices.
(a) No new heavy-duty vehicle or heavy-duty engine shall be equipped
with a defeat device.
(b) The Administrator may test or require testing on any vehicle or
engine at a designated location, using driving cycles and conditions
which may reasonably be expected to be encountered in normal operation
and use, for the purpose of investigating a potential defeat device.
(c) [Reserved]
(d) For vehicle and engine designs designated by the Administrator
to be investigated for possible defeat devices:
(1) General. The manufacturer must show to the satisfaction of the
Administrator that the vehicle or engine design does not incorporate
strategies that reduce emission control effectiveness exhibited during
the Federal emissions test procedures, described in subpart N of this
part, when the vehicle or engine is operated under conditions which may
reasonably be expected to be encountered in normal operation and use,
unless one of the specific exceptions set forth in the definition of
``defeat device'' in Sec. 86.004-2 has been met.
(2) Information submissions required. The manufacturer will provide
an explanation containing detailed information (including information
which the Administrator may request to be submitted) regarding test
programs, engineering evaluations, design specifications, calibrations,
on-board computer algorithms, and design strategies incorporated for
operation both during and outside of the Federal emission test procedure
described in subpart N of this part.
[65 FR 59947, Oct. 6, 2000]
Sec. 86.004-21 Application for certification.
Section 86.004-21 includes text that specifies requirements that
differ from Sec. 86.094-21 or Sec. 86.096-21. Where a paragraph in
Sec. 86.094-21 or Sec. 86.096-21 is identical and applicable to Sec.
86.004-21, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
21.'' or ``[Reserved]. For guidance see Sec. 86.096-21.''.
(a)-(b)(3) [Reserved]. For guidance see Sec. 86.094-21.
(b)(4)(i) For light-duty vehicles and light-duty trucks, a
description of the test procedures to be used to establish the
evaporative emission and/or refueling emission deterioration factors, as
appropriate, required to be determined and supplied in Sec. 86.001-
23(b)(2).
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
(b)(5)(v) For light-duty vehicles and applicable light-duty trucks
with non-integrated refueling emission control systems, the number of
continuous UDDS cycles, determined from the fuel economy on the UDDS
applicable to the test vehicle of that evaporative/ refueling emission
family-emission control system combination, required to use a volume of
fuel equal to 85% of fuel tank volume.
(6) Participation in averaging programs--(i) Particulate averaging.
(A) If the manufacturer elects to participate in the particulate
averaging program for diesel light-duty vehicles and/or diesel light-
duty trucks or the particulate averaging program for heavy-duty diesel
engines, the application must list the family particulate emission limit
and the projected U.S. production volume of the family for the model
year.
(B) The manufacturer shall choose the level of the family
particulate emission limits, accurate to hundredth of a gram per mile or
hundredth of a gram per brake horsepowerhour for HDEs.
(C) The manufacturer may at any time during production elect to
change the level of any family particulate emission limit(s) by
submitting the new limit(s) to the Administrator and by demonstrating
compliance with the limit(s) as described in Sec. Sec. 86.090-2 and
86.094-28(b)(5)(i).
(ii) NOX and NOX plus NMHC averaging. (A) If the manufacturer elects
to participate in the NOX averaging program for light-duty
trucks or otto-cycle HDEs or the NOX plus NMHC averaging
program for diesel-cycle HDEs, the application must list the
[[Page 48]]
family emission limit and the projected U.S. production volume of the
family for the model year.
(B) The manufacturer shall choose the level of the family emission
limits, accurate to one-tenth of a gram per mile or to one-tenth of a
gram per brake horsepower-hour for HDEs.
(C) The manufacturer may at any time during production elect to
change the level of any family emission limit(s) by submitting the new
limits to the Administrator and by demonstrating compliance with the
limit(s) as described in Sec. Sec. 86.088-2 and 86.094-28(b)(5)(ii).
(b)(7) and (b)(8) [Reserved]. For guidance see Sec. 86.094-21.
(b)(9) For each light-duty vehicle, light-duty truck, evaporative/
refueling emission family or heavy-duty vehicle evaporative emission
family, a description of any unique procedures required to perform
evaporative and/or refueling emission tests, as applicable, (including
canister working capacity, canister bed volume, and fuel temperature
profile for the running loss test) for all vehicles in that evaporative
and/or evaporative/refueling emission family, and a description of the
method used to develop those unique procedures.
(10) For each light-duty vehicle or applicable light-duty truck
evaporative/refueling emission family, or each heavy-duty vehicle
evaporative emission family:
(i) Canister working capacity, according to the procedures specified
in Sec. 86.132-96(h)(1)(iv);
(ii) Canister bed volume; and
(iii) Fuel temperature profile for the running loss test, according
to the procedures specified in Sec. 86.129-94(d).
(c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
(k) and (l) [Reserved]. For guidance see Sec. 86.096-21.
(m) For model years 2004 through 2007, within 180 days after
submission of the application for certification of a heavy-duty diesel
engine, the manufacturer must provide emission test results from the
Load Response Test conducted according to Sec. 86.1380-2004, including,
at a minimum, test results conducted at each of the speeds identified in
Sec. 86.1380-2004. Load Response Test data submissions are not
necessary for carry-over engine families for which Load Response Test
data has been previously submitted. In addition, upon approval of the
Administrator, manufacturers may carry Load Response Test data across
from one engine family to other engine families, provided that the
carry-across engine families use similar emission control technology
hardware which would be expected to result in the generation of similar
emission data when run over the Load Response Test.
(n) Upon request from EPA, a manufacturer must provide to EPA any
hardware (including scan tools), passwords, and/or documentation
necessary for EPA to read, interpret, and store (in engineering units if
applicable) any information broadcast by an engine's on-board computers
and electronic control modules which relates in any way to emission
control devices and auxiliary emission control devices, provided that
such hardware, passwords, or documentation exists and is not otherwise
commercially available. Passwords include any information necessary to
enable generic scan tools or personal computers access to proprietary
emission related information broadcast by an engine's on-board computer,
if such passwords exist. This requirement includes access by EPA to any
proprietary code information which may be broadcast by an engine's on-
board computer and electronic control modules. Information which is
confidential business information must be marked as such. Engineering
units refers to the ability to read, interpret, and store information in
commonly understood engineering units, for example, engine speed in
revolutions per minute or per second, injection timing parameters such
as start of injection in degree's before top-dead center, fueling rates
in cubic centimeters per stroke, vehicle speed in miles per hour or
kilometers per hour. This paragraph (n) does not restrict EPA authority
to take any action authorized by section 208 of the Clean Air Act.
[62 FR 54724, Oct. 21, 1997, as amended at 65 FR 59947, Oct. 6, 2000]
Sec. 86.004-25 Maintenance.
Section 86.004-25 includes text that specifies requirements that
differ from
[[Page 49]]
Sec. 86.094-25 or Sec. 86.098-25. Where a paragraph in Sec. 86.094-25
or Sec. 86.098-25 is identical and applicable to Sec. 86.004-25, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec. 86.094-25.'' or
``[Reserved]. For guidance see Sec. 86.098-25.''.
(a)(1) Applicability. This section applies to light-duty vehicles,
light-duty trucks, and HDEs.
(2) Maintenance performed on vehicles, engines, subsystems, or
components used to determine exhaust, evaporative or refueling emission
deterioration factors, as appropriate, is classified as either emission-
related or non-emission-related and each of these can be classified as
either scheduled or unscheduled. Further, some emission-related
maintenance is also classified as critical emission-related maintenance.
(b) Introductory text through (b)(3)(ii) [Reserved]. For guidance
see Sec. 86.094-25.
(b)(3)(iii) For otto-cycle heavy-duty engines, the adjustment,
cleaning, repair, or replacement of the items listed in paragraphs
(b)(3)(iii) (A)-(E) of this section shall occur at 50,000 miles (or
1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals
thereafter.
(A) Positive crankcase ventilation valve.
(B) Emission-related hoses and tubes.
(C) Ignition wires.
(D) Idle mixture.
(E) Exhaust gas recirculation system related filters and coolers.
(iv) For otto-cycle light-duty vehicles, light-duty trucks and otto-
cycle heavy-duty engines, the adjustment, cleaning, repair, or
replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400
hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter.
(v) For otto-cycle heavy-duty engines, the adjustment, cleaning,
repair, or replacement of the items listed in paragraphs (b)(3)(v) (A)-
(H) of this section shall occur at 100,000 miles (or 3,000 hours) of use
and at 100,000-mile (or 3,000-hour) intervals thereafter.
(A) Catalytic converter.
(B) Air injection system components.
(C) Fuel injectors.
(D) Electronic engine control unit and its associated sensors
(except oxygen sensor) and actuators.
(E) Evaporative emission canister.
(F) Turbochargers.
(G) Carburetors.
(H) Exhaust gas recirculation system (including all related control
valves and tubing) except as otherwise provided in paragraph
(b)(3)(iii)(E) of this section.
(b)(3)(vi)(A)-(b)(3)(vi)(D) [Reserved]. For guidance see Sec.
86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec.
86.098-25.
(4) For diesel-cycle light-duty vehicles, light-duty trucks, and
HDEs, emission-related maintenance in addition to or at shorter
intervals than that listed in paragraphs (b)(4) (i)-(iv) of this section
will not be accepted as technologically necessary, except as provided in
paragraph (b)(7) of this section.
(i) For diesel-cycle heavy-duty engines, the adjustment, cleaning,
repair, or replacement of the items listed in paragraphs (b)(4)(i) (A)-
(C) of this section shall occur at 50,000 miles (or 1,500 hours) of use
and at 50,000-mile (or 1,500-hour) intervals thereafter.
(A) Exhaust gas recirculation system related filters and coolers.
(B) Positive crankcase ventilation valve.
(C) Fuel injector tips (cleaning only).
(ii) For diesel-cycle light-duty vehicles and light-duty trucks, the
adjustment, cleaning, repair, or replacement of the positive crankcase
ventilation valve shall occur at 50,000 miles of use and at 50,000-mile
intervals thereafter.
(iii) The adjustment, cleaning, repair, or replacement of items
listed in paragraphs (b)(4)(iii) (A)-(G) of this section shall occur at
100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-
hour) intervals thereafter for light heavy-duty diesel engines, or, at
150,000 miles (or 4,500 hours) intervals thereafter for medium and heavy
heavy-duty diesel engines.
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and
actuators.
(D) Particulate trap or trap-oxidizer system (including related
components).
[[Page 50]]
(E) Exhaust gas recirculation system (including all related control
valves and tubing) except as otherwise provided in paragraph
(b)(4)(i)(A) of this section.
(F) Catalytic converter.
(G) Any other add-on emissions-related component (i.e., a component
whose sole or primary purpose is to reduce emissions or whose failure
will significantly degrade emissions control and whose function is not
integral to the design and performance of the engine.)
(iv) For disel-cycle light-duty vehicles and light-duty trucks, the
adjustment, cleaning, repair, or replacement shall occur at 100,000
miles of use and at 100,000-mile intervals thereafter of the items
listed in paragraphs (b)(4)(iv) (A)-(G) of this section.
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and
actuators.
(D) Particulate trap or trap-oxidizer system (including related
components).
(E) Exhaust gas recirculation system including all related filters
and control valves.
(F) Catalytic converter.
(G) Superchargers.
(5) [Reserved]
(6)(i) The components listed in paragraphs (b)(6)(i) (A)-(H) of this
section are currently defined as critical emission-related components.
(A) Catalytic converter.
(B) Air injection system components.
(C) Electronic engine control unit and its associated sensors
(including oxygen sensor if installed) and actuators.
(D) Exhaust gas recirculation system (including all related filters,
coolers, control valves, and tubing).
(E) Positive crankcase ventilation valve.
(F) Evaporative and refueling emission control system components
(excluding canister air filter).
(G) Particulate trap or trap-oxidizer system.
(H) Any other add-on emissions-related component (i.e., a component
whose sole or primary purpose is to reduce emissions or whose failure
will significantly degrade emissions control and whose function is not
integral to the design and performance of the engine.)
(ii) All critical emission-related scheduled maintenance must have a
reasonable likelihood of being performed in-use. The manufacturer shall
be required to show the reasonable likelihood of such maintenance being
performed in-use, and such showing shall be made prior to the
performance of the maintenance on the durability data vehicle. Critical
emission-related scheduled maintenance items which satisfy one of the
conditions defined in paragraphs (b)(6)(ii) (A)-(F) of this section will
be accepted as having a reasonable likelihood of the maintenance item
being performed in-use.
(A) Data are presented which establish for the Administrator a
connection between emissions and vehicle performance such that as
emissions increase due to lack of maintenance, vehicle performance will
simultaneously deteriorate to a point unacceptable for typical driving.
(B) Survey data are submitted which adequately demonstrate to the
Administrator that, at an 80 percent confidence level, 80 percent of
such engines already have this critical maintenance item performed in-
use at the recommended interval(s).
(C) A clearly displayed visible signal system approved by the
Administrator is installed to alert the vehicle driver that maintenance
is due. A signal bearing the message ``maintenance needed'' or ``check
engine'', or a similar message approved by the Administrator, shall be
actuated at the appropriate mileage point or by component failure. This
signal must be continuous while the engine is in operation and not be
easily eliminated without performance of the required maintenance.
Resetting the signal shall be a required step in the maintenance
operation. The method for resetting the signal system shall be approved
by the Administrator. For HDEs, the system must not be designed to
deactivate upon the end of the useful life of the engine or thereafter.
(D) A manufacturer may desire to demonstrate through a survey that a
critical maintenance item is likely to be performed without a visible
signal on a maintenance item for which there
[[Page 51]]
is no prior in-use experience without the signal. To that end, the
manufacturer may in a given model year market up to 200 randomly
selected vehicles per critical emission-related maintenance item without
such visible signals, and monitor the performance of the critical
maintenance item by the owners to show compliance with paragraph
(b)(6)(ii)(B) of this section. This option is restricted to two
consecutive model years and may not be repeated until any previous
survey has been completed. If the critical maintenance involves more
than one engine family, the sample will be sales weighted to ensure that
it is representative of all the families in question.
(E) The manufacturer provides the maintenance free of charge, and
clearly informs the customer that the maintenance is free in the
instructions provided under Sec. 86.087-38.
(F) Any other method which the Administrator approves as
establishing a reasonable likelihood that the critical maintenance will
be performed in-use.
(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of
this section are considered an element of design of the emission control
system. Therefore, disabling, resetting, or otherwise rendering such
signals inoperative without also performing the indicated maintenance
procedure is a prohibited act under section 203(a)(3) of the Clean Air
Act (42 U.S.C. 7522(a)(3)).
(b)(7)-(h) [Reserved]. For guidance see Sec. 86.094-25.
[62 FR 54725, Oct. 21, 1997]
Sec. 86.004-26 Mileage and service accumulation; emission measurements.
Section 86.004-26 includes text that specifies requirements that
differ from Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26, Sec.
86.098-26, Sec. 86.000-26, or Sec. 86.001-26. Where a paragraph in
Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26, Sec. 86.098-26,
Sec. 86.000-26 or Sec. 86.001-26 is identical and applicable to Sec.
86.004-26, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
26.'' or [Reserved]. For guidance see Sec. 86.095-26.'' or
``[Reserved]. For guidance see Sec. 86.096-26.'' or ``[Reserved]. For
guidance see Sec. 86.098-26.'' or ``[Reserved]. For guidance see Sec.
86.000-26.'' or ``[Reserved]. For guidance see Sec. 86.001-26.''.
(a)(1) [Reserved]. For guidance see Sec. 86.094-26.
(a)(2)-(a)(3)(i)(A) [Reserved]. For guidance see Sec. 86.000-26.
(a)(3)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
(a)(3)(i)(C) [Reserved]. For guidance see Sec. 86.098-26.
(a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see Sec.
86.094-26.
(a)(3)(ii)(C) [Reserved]. For guidance see Sec. 86.098-26.
(a)(3)(ii)(D)-(a)(4)(i)(B)(4) [Reserved]. For guidance see Sec.
86.094-26.
(a)(4)(i)(C) [Reserved]. For guidance see Sec. 86.000-26.
(a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see Sec. 86.094-
26.
(a)(6)(iii) [Reserved]. For guidance see Sec. 86.000-26.
(a)(7)-(a)(9)(i) [Reserved]. For guidance see Sec. 86.094-26.
(a)(9)(ii) [Reserved]. For guidance see Sec. 86.000-26.
(a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see
Sec. 86.094-26.
(b)(2)(i)-(b)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
(b)(2)(iii) [Reserved]. For guidance see Sec. 86.094-26.
(b)(2)(iv) [Reserved]. For guidance see Sec. 86.001-26.
(b)(3)-(b)(4)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
(b)(4)(i)(C) [Reserved]. For guidance see Sec. 86.001-26.
(b)(4)(i)(D)-(b)(4)(ii)(B) [Reserved]. For guidance see Sec.
86.095-26.
(b)(4)(ii)(C) [Reserved]. For guidance see Sec. 86.001-26.
(b)(4)(ii)(D) [Reserved]. For guidance see Sec. 86.095-26.
(b)(4)(iii) [Reserved]
(b)(4)(iv) [Reserved]. For guidance see Sec. 86.094-26.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) Two types of service accumulation are applicable to heavy-duty
engines, as described in paragraphs (c)(2)(i) and (ii) of this section.
For Otto-cycle heavy-duty engines exhaust emissions, the service
accumulation method used by a manufacturer must be designed to
effectively predict the deterioration of emissions in actual use over
the full useful life of the of the candidate in-
[[Page 52]]
use vehicles and must cover the breadth of the manufacturer's product
line that will be covered by the durability procedure. Manufacturers not
selecting Options 1 or 2 described in Sec. 86.005-10(f) may certify
Otto-cycle engines using the provisions contained in Sec. 86.094-
26(c)(2) rather than those contained in this paragraph (c)(2) for 2004
model year engine families certified using carry-over durability data,
except for those engines used for early credit banking as allowed in
Sec. 86.000-15(k).
(i) Service accumulation on engines, subsystems, or components
selected by the manufacturer under Sec. 86.094-24(c)(3)(i). The
manufacturer determines the form and extent of this service
accumulation, consistent with good engineering practice, and describes
it in the application for certification.
(ii) Dynamometer service accumulation on emission data engines
selected under Sec. 86.094-24(b)(2) or (3). The manufacturer determines
the engine operating schedule to be used for dynamometer service
accumulation, consistent with good engineering practice. A single engine
operating schedule shall be used for all engines in an engine family-
control system combination. Operating schedules may be different for
different combinations.
(3) Exhaust emission deterioration factors will be determined on the
basis of the service accumulation described in Sec. 86.000-26(b)(2)(i)
and related testing, according to the manufacturer's procedures.
(c)(4) [Reserved]. For guidance see Sec. 86.096-26.
(d)(1)-(d)(2)(i) [Reserved]. For guidance see Sec. 86.094-26.
(d)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
(d)(3) [Reserved]. For guidance see Sec. 86.094-26.
(d)(4) and (5) [Reserved].
(d)(6) [Reserved]. For guidance see Sec. 86.094-26.
[65 FR 59947, Oct. 6, 2000]
Sec. 86.004-28 Compliance with emission standards.
Section 86.004-28 includes text that specifies requirements that
differ from Sec. 86.094-28, Sec. 86.098-28, Sec. 86.000-28 or Sec.
86.001-28. Where a paragraph in Sec. 86.094-28, Sec. 86.098-28, Sec.
86.000-28 or Sec. 86.001-28 is identical and applicable to Sec.
86.004-28, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
28.'' or ``[Reserved]. For guidance see Sec. 86.098-28.'' or
``[Reserved]. For guidance see Sec. 86.000-28.'' or ``[Reserved]. For
guidance see Sec. 86.001-28.''
(a)(1)-(a)(2) [Reserved. For guidance see Sec. 86.000-28.
(a)(3) [Reserved]. For guidance see Sec. 86.094-28.
(a)(4) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
(a)(4)(i) [Reserved]. For guidance see Sec. 86.000-28.
(a)(4)(i)(A)-(a)(4)(i)(B)(2)(i) [Reserved. For guidance see Sec.
86.094-28.
(a)(4)(i)(B)(2)(ii) [Reserved]. For guidance see Sec. 86.000-28.
(a)(4)(i)(B)(2)(iii)-(a)(4)(i)(B)(2)(iv) [Reserved]. For guidance
see Sec. 86.094-28.
(a)(4)(i)(C)-(a)(4)(i)(D)(2) [Reserved]. For guidance see Sec.
86.098-28.
(a)(4)(ii)(A)(1)-(a)(4)(ii)(A)(2) [Reserved]. For guidance see Sec.
86.000-28.
(a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see Sec.
86.098-28.
(a)(4)(iii) [Reserved]. For guidance see Sec. 86.000-28.
(a)(4)(iv) [Reserved]. For guidance see Sec. 86.094-28.
(a)(4)(v) [Reserved]. For guidance see Sec. 86.098-28.
(a)(5)-(a)(6) [Reserved]. For guidance see Sec. 86.094-28.
(a)(7) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
(a)(7)(i) [Reserved]. For guidance see Sec. 86.000-28.
(a)(7)(ii) [Reserved]. For guidance see Sec. 86.094-28.
(b)(1) This paragraph (b) applies to light-duty trucks.
(2) Each exhaust, evaporative and refueling emission standard (and
family emission limits, as appropriate) of Sec. 86.004-9 applies to the
emissions of vehicles for the appropriate useful life as defined in
Sec. Sec. 86.098-2 and 86.004-9.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-28.
(b)(4)(ii)-(b)(6) [Reserved]. For guidance see Sec. 86.000-28.
(b)(7)(i)-(b)(9) [Reserved]. For guidance see Sec. 86.001-28.
[[Page 53]]
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) The applicable exhaust emission standards (or family emission
limits, as appropriate) for Otto-cycle engines and for diesel-cycle
engines apply to the emissions of engines for their useful life.
(3) Since emission control efficiency generally decreases with the
accumulation of service on the engine, deterioration factors will be
used in combination with emission data engine test results as the basis
for determining compliance with the standards.
(4)(i) Paragraph (c)(4) of this section describes the procedure for
determining compliance of an engine with emission standards (or family
emission limits, as appropriate), based on deterioration factors
supplied by the manufacturer. Deterioration factors shall be established
using applicable emissions test procedures. NOX plus NMHC
deterioration factors shall be established based on the sum of the
pollutants. When establishing deterioration factors for NOX
plus NMHC, a negative deterioration (emissions decrease from the
official exhaust emissions test result) for one pollutant may not offset
deterioration of the other pollutant. Where negative deterioration
occurs for NOX and/or NMHC, the official exhaust emission
test result shall be used for purposes of determining the NOX
plus NMHC deterioration factor.
(ii) Separate exhaust emission deterioration factors, determined
from tests of engines, subsystems, or components conducted by the
manufacturer, shall be supplied for each engine-system combination. For
Otto-cycle engines, separate factors shall be established for transient
NMHC (NMHCE), CO, NOX, NOX plus NMHC, and idle CO,
for those engines utilizing aftertreatment technology (e.g., catalytic
converters). For diesel-cycle engines, separate factors shall be
established for transient NMHC (NMHCE), CO, NOX,
NOX plus NMHC and exhaust particulate. For diesel-cycle smoke
testing, separate factors shall also be established for the acceleration
mode (designated as ``A''), the lugging mode (designated as ``B''), and
peak opacity (designated as ``C'').
(iii)(A) Paragraphs (c)(4)(iii)(A) (1) and (2) of this section apply
to Otto-cycle HDEs.
(1) Otto-cycle HDEs not utilizing aftertreatment technology (e.g.,
catalytic converters). For transient NMHC (NMHCE), CO, NOX,
the official exhaust emission results for each emission data engine at
the selected test point shall be adjusted by the addition of the
appropriate deterioration factor. However, if the deterioration factor
supplied by the manufacturer is less than zero, it shall be zero for the
purposes of this paragraph.
(2) Otto-cycle HDEs utilizing aftertreatment technology (e.g.,
catalytic converters). For transient NMHC (NMHCE), CO, NOX,
and for idle CO, the official exhaust emission results for each emission
data engine at the selected test point shall be adjusted by
multiplication by the appropriate deterioration factor, except as
otherwise provided in paragraph (c)(4)(iii)(A)(3) of this section. The
deterioration factor must be calculated by dividing the exhaust
emissions at full useful life by the stabilized mileage emission level
(reference Sec. 86.096-26(c)(4), e.g., 125 hours). However, if the
deterioration factor supplied by the manufacturer is less than one, it
shall be one for purposes of this paragraph (c)(4)(iii)(A)(2).
(3) An Otto-cycle heavy-duty engine manufacturer who believes that a
deterioration factor derived using the calculation methodology described
in paragraph (c)(4)(iii)(4)(A)(2) of this section are significantly
unrepresentative for one or more engine families (either too high or too
low) may petition the Administrator to allow for the use of an additive
rather than a multiplicative deterioration factor. This petition must
include full rationale behind the request together with any supporting
data or other evidence. Based on this or other information the
Administration may allow for an alternative procedure. Any petition
should be submitted in a timely manner, to allow adequate time for a
thorough evaluation. Manufacturers using an additive deterioration
factor under this paragraph (c)(4)(iii)(A)(3) must perform in-use
verification testing to determine if
[[Page 54]]
the additive deterioration factor reasonably predicts actual in-use
emissions. The plan for the in-use verification testing must be approved
by the Administrator as part of the approval process described in this
paragraph (c)(4)(iii)(4)(A)(3) prior to the use of the additive
deterioration factor. The Administrator may consider the results of the
in-use verification testing both in certification and in-use compliance
programs.
(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle
HDEs.
(1) Diesel-cycle HDEs not utilizing aftertreatment technology (e.g.,
particulate traps). For transient NMHC (NMHCE), CO, NOX,
NOX plus NMHC, and exhaust particulate, the official exhaust
emission results for each emission data engine at the selected test
point shall be adjusted by the addition of the appropriate deterioration
factor. However, if the deterioration factor supplied by the
manufacturer is less than zero, it shall be zero for the purposes of
this paragraph.
(2) Diesel-cycle HDEs utilizing aftertreatment technology (e.g.,
particulate traps). For transient NMHC (NMHCE), CO, NOX,
NOX plus NMHC, and exhaust particulate, the official exhaust
emission results for each emission data engine at the selected test
point shall be adjusted by multiplication by the appropriate
deterioration factor. However, if the deterioration factor supplied by
the manufacturer is less than one, it shall be one for the purposes of
this paragraph.
(3) Diesel-cycle HDEs only. For acceleration smoke (``A''), lugging
smoke (``B''), and peak smoke (``C''), the official exhaust emission
results for each emission data engine at the selected test point shall
be adjusted by the addition of the appropriate deterioration factor.
However, if the deterioration factor supplied by the manufacturer is
less than zero, it shall be zero for the purposes of this paragraph.
(iv) The emission values to compare with the standards (or family
emission limits, as appropriate) shall be the adjusted emission values
of paragraph (c)(4)(iii) of this section, rounded to the same number of
significant figures as contained in the applicable standard in
accordance with ASTM E 29-93a (as referenced in Sec. 86.094-28
(a)(4)(i)(B)(2)(ii)), for each emission data engine.
(5) and (6) [Reserved]
(7) Every test engine of an engine family must comply with all
applicable standards (or family emission limits, as appropriate), as
determined in paragraph (c)(4)(iv) of this section, before any engine in
that family will be certified.
(8) For the purposes of setting an NMHC plus NOX
certification level or FEL for a diesel-fueled engine family, the
manufacturer may use one of the following options for the determination
of NMHC for an engine family. The manufacturer must declare which option
is used in its application for certification of that engine family.
(i) THC may be used in lieu of NMHC for the standards set forth in
Sec. 86.004-11.
(ii) The manufacturer may choose its own method to analyze methane
with prior approval of the Administrator.
(iii) The manufacturer may assume that two percent of the measured
THC is methane (NMHC =0.98 x THC).
(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles
equipped with gasoline-fueled or methanol-fueled engines.
(2) The applicable evaporative emission standards in this subpart
apply to the emissions of vehicles for their useful life.
(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it
is expected that emission control efficiency will change during the
useful life of the vehicle, an evaporative emission deterioration factor
shall be determined from the testing described in Sec. 86.098-23(b)(3)
for each evaporative emission family-evaporative emission control system
combination to indicate the evaporative emission control system
deterioration during the useful life of the vehicle (minimum 50,000
miles). The factor shall be established to a minimum of two places to
the right of the decimal.
(ii) For vehicles with a GVWR of greater than 26,000 pounds, because
it is expected that emission control efficiency will change during the
useful life of the vehicle, each manufacturer's statement as required in
Sec. 86.098-23(b)(4)(ii) shall include, in accordance
[[Page 55]]
with good engineering practice, consideration of control system
deterioration.
(4) The evaporative emission test results, if any, shall be adjusted
by the addition of the appropriate deterioration factor, provided that
if the deterioration factor as computed in paragraph (d)(3) of this
section is less than zero, that deterioration factor shall be zero for
the purposes of this paragraph.
(5) The emission level to compare with the standard shall be the
adjusted emission level of paragraph (d)(4) of this section. Before any
emission value is compared with the standard, it shall be rounded, in
accordance with ASTM E 29-93a (as referenced in Sec. 86.094-28
(a)(4)(i)(B)(2)(ii)), to two significant figures. The rounded emission
values may not exceed the standard.
(6) Every test vehicle of an evaporative emission family must comply
with the evaporative emission standard, as determined in paragraph
(d)(5) of this section, before any vehicle in that family may be
certified.
(e) [Reserved]
(f)-(g)(3) [Reserved]. For guidance see Sec. 86.001-28.
(g)(4) Vehicles certified to the refueling emission standard under
this provision shall not be counted in the sales percentage compliance
determinations for the 2004, 2005 and subsequent model years.
(h) [Reserved]. For guidance see Sec. 86.001-28.
(i) Emission results from heavy-duty engines equipped with exhaust
aftertreatment may need to be adjusted to account for regeneration
events. This provision only applies for engines equipped with emission
controls that are regenerated on an infrequent basis. For the purpose of
this paragraph (i), the term ``regeneration'' means an event during
which emissions levels change while the aftertreatment performance is
being restored by design. Examples of regenerations are increasing
exhaust gas temperature to remove sulfur from an adsorber or increasing
exhaust gas temperature to oxidize PM in a trap. For the purpose of this
paragraph (i), the term ``infrequent'' means having an expected
frequency of less than once per transient test cycle. Calculation and
use of adjustment factors are described in paragraphs (i)(1)-(i)(5) of
this section.
(1) Development of adjustment factors. Manufacturers must develop
separate pairs of adjustment factors (an upward adjustment factor and a
downward adjustment factor) for each pollutant based on measured
emission data and observed regeneration frequency. Adjustment factors
may be carried-over to subsequent model years or carried-across to other
engine families only where the Administrator determines that such carry-
over or carry-across is consistent with good engineering judgment.
Adjustment factors should generally apply to an entire engine family,
but manufacturers may develop separate adjustment factors for different
engine configurations within an engine family. All adjustment factors
for regeneration are additive.
(2) Calculation of adjustment factors. The adjustment factors are
calculated from the following parameters: the measured emissions from a
test in which the regeneration occurs (EFH), the measured
emissions from a test in which the regeneration does not occur
(EFL), and the frequency of the regeneration event in terms
of fraction of tests during which the regeneration occurs (F). The
average emission rate (EFA) is calculated as:
EFA = (F)(EFH) + (1 - F)(EFL)
(i) The upward adjustment factor (UAF) is calculated as: UAF =
EFA - EFL.
(ii) The downward adjustment factor (DAF) is calculated as: DAF =
EFA - EFH.
(3) Use of adjustment factors. Upward adjustment factors are added
to measured emission rates for all tests in which the regeneration does
not occur. Downward adjustment factors are added to measured emission
rates for all tests in which the regeneration occurs. The occurrence of
the regeneration must be identified in a manner that is readily apparent
during all testing. Where no regeneration is identified, the upward
adjustment factor shall be applied.
(4) Sample calculation. If EFL is 0.10 g/bhp-hr,
EFH is 0.50 g/bhp-hr, and F is 0.1 (i.e., the regeneration
occurs once for each ten tests), then:
[[Page 56]]
EFA = (0.1)(0.5 g/bhp-hr) + (1.0 - 0.1)(0.1 g/bhp-hr) = 0.14
g/bhp-hr
UAF = 0.14 g/bhp-hr - 0.10 g/bhp-hr = 0.04 g/bhp-hr
DAF = 0.14 g/bhp-hr - 0.50 g/bhp-hr = -0.36 g/bhp-hr
(5) Options. (i) A manufacturer may elect to omit adjustment factors
for one or more of its engine families (or configurations) because the
effect of the regeneration is small, or because it is not practical to
identify when regenerations occur. In these cases, no upward or downward
adjustment factor shall be added, and the manufacturer is liable for
compliance with the emission standards for all tests, without regard to
whether a regeneration occurs.
(ii) Upon request by the manufacturer, the Administrator may account
for regeneration events differently than is provided in this paragraph
(i). However, this option only applies for events that occur extremely
infrequently, and which cannot be practically addressed using the
adjustment factors described in this paragraph (i).
[61 FR 54890, Oct. 22, 1996, as amended at 62 FR 54726, Oct. 21, 1997;
65 FR 59948, Oct. 6, 2000; 66 FR 5159, Jan. 18, 2001]
Sec. 86.004-30 Certification.
Section 86.004-30 includes text that specifies requirements that
differ from Sec. Sec. 86.094-30, 86.095-30, 86.096-30, 86.098-30 or
86.001-30. Where a paragraph in Sec. 86.094-30, Sec. 86.095-30, Sec.
86.096-30, Sec. 86.098-30 or Sec. 86.001-30 is identical and
applicable to Sec. 86.004-30, this may be indicated by specifying the
corresponding paragraph and the statement ``[Reserved]. For guidance see
Sec. 86.094-30.'' or ``[Reserved]. For guidance see Sec. 86.095-30.''
or ``[Reserved]. For guidance see Sec. 86.096-30.'' or ``[Reserved].
For guidance see Sec. 86.098-30.'' or ``[Reserved]. For guidance see
Sec. 86.001-30.''.
(a)(1) and (a)(2) [Reserved]. For guidance see Sec. 86.094-30.
(a)(3)(i) One such certificate will be issued for each engine
family. For gasoline-fueled and methanol-fueled light-duty vehicles and
light-duty trucks, and petroleum-fueled diesel cycle light-duty vehicles
and light-duty trucks not certified under Sec. 86.098-28(g), one such
certificate will be issued for each engine family-evaporative/refueling
emission family combination. Each certificate will certify compliance
with no more than one set of in-use and certification standards (or
family emission limits, as appropriate).
(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles,
one such certificate will be issued for each manufacturer and will
certify compliance for those vehicles previously identified in that
manufacturer's statement(s) of compliance as required in Sec. 86.098-
23(b)(4) (i) and (ii).
(iii) For diesel light-duty vehicles and light-duty trucks, or
diesel HDEs, included in the applicable particulate averaging program,
the manufacturer may at any time during production elect to change the
level of any family particulate emission limit by demonstrating
compliance with the new limit as described in Sec. 86.094-28(a)(6),
Sec. 86.094-28(b)(5)(i), or Sec. 86.004-28(c)(5)(i). New certificates
issued under this paragraph will be applicable only for vehicles (or
engines) produced subsequent to the date of issuance.
(iv) For light-duty trucks or HDEs included in the applicable
NOX averaging program, the manufacturer may at any time
during production elect to change the level of any family NOX
emission limit by demonstrating compliance with the new limit as
described in Sec. 86.094-28(b)(5)(ii) or Sec. 86.004-28(c)(5)(ii). New
certificates issued under this paragraph will be applicable only for
vehicles (or engines) produced subsequent to the day of issue.
(4)(i) For exempt light-duty vehicles and light-duty trucks under
the provisions of Sec. 86.094-8(j) or Sec. 86.094-9(j), an adjustment
or modification performed in accordance with instructions provided by
the manufacturer for the altitude where the vehicle is principally used
will not be considered a violation of section 203(a)(3) of the Clean Air
Act (42 U.S.C. 7522(a)(3)).
(ii) A violation of section 203(a)(1) of the Clean Air Act (42
U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an
ultimate purchaser any light-duty vehicle or light-duty truck, subject
to the regulations under the Act, under any of the conditions specified
in paragraph (a)(4)(ii) of this section.
[[Page 57]]
(A) When a light-duty vehicle or light-duty truck is exempted from
meeting high-altitude requirements as provided in Sec. 86.090-8(h) or
Sec. 86.094-9(h):
(1) At a designated high-altitude location, unless such manufacturer
has reason to believe that such vehicle will not be sold to an ultimate
purchaser for principal use at a designated high-altitude location; or
(2) At a location other than a designated high-altitude location,
when such manufacturer has reason to believe that such motor vehicle
will be sold to an ultimate purchaser for principal use at a designated
high-altitude location.
(B) When a light-duty vehicle or light-duty truck is exempted from
meeting low-altitude requirements as provided in Sec. 86.094-8(i) or
Sec. 86.094-9(i):
(1) At a designated low-altitude location, unless such manufacturer
has reason to believe that such vehicle will not be sold to an ultimate
purchaser for principal use at a designated low-altitude location; or
(2) At a location other than a designated low-altitude location,
when such manufacturer has reason to believe that such motor vehicle
will be sold to an ultimate purchaser for principal use at a designated
low-altitude location.
(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For
guidance see Sec. 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see Sec.
86.095-30.
(a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec. 86.094-30.
(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-
duty truck families which are included in a particulate averaging
program, the manufacturer's production-weighted average of the
particulate emission limits of all engine families in a participating
class or classes shall not exceed the applicable diesel-cycle
particulate standard, or the composite particulate standard defined in
Sec. 86.090-2 as appropriate, at the end of the model year, as
determined in accordance with this part. The certificate shall be void
ab initio for those vehicles causing the production-weighted FEL to
exceed the particulate standard.
(ii) For all heavy-duty diesel-cycle engines which are included in
the particulate ABT programs under Sec. 86.098-15 or superseding ABT
sections as applicable, the provisions of paragraphs (a)(10)(ii) (A)-(C)
of this section apply.
(A) All certificates issued are conditional upon the manufacturer
complying with the provisions of Sec. 86.098-15 or superseding ABT
sections as applicable and the ABT related provisions of other
applicable sections, both during and after the model year production.
(B) Failure to comply with all provisions of Sec. 86.098-15 or
superseding ABT sections as applicable will be considered to be a
failure to satisfy the conditions upon which the certificate was issued,
and the certificate may be deemed void ab initio.
(C) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied or excused.
(11)(i) For light-duty truck families which are included in a
NOX averaging program, the manufacturer's production-weighted
average of the NOX emission limits of all such engine
families shall not exceed the applicable NOX emission
standard, or the composite NOX emission standard defined in
Sec. 86.088-2, as appropriate, at the end of the model year, as
determined in accordance with this part. The certificate shall be void
ab initio for those vehicles causing the production-weighted FEL to
exceed the NOX standard.
(ii) For all HDEs which are included in the NOX plus NMHC
ABT programs contained in Sec. 86.098-15, or superseding ABT sections
as applicable, the provisions of paragraphs (a)(11)(ii) (A)-(C) of this
section apply.
(A) All certificates issued are conditional upon the manufacturer
complying with the provisions of Sec. 86.098-15 or superseding ABT
sections as applicable and the ABT related provisions of other
applicable sections, both during and after the model year production.
(B) Failure to comply with all provisions of Sec. 86.098-15 or
superseding ABT sections as applicable will be considered to be a
failure to satisfy the conditions upon which the certificate was issued,
and the certificate may be deemed void ab initio.
[[Page 58]]
(C) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied or excused.
(a)(12) [Reserved]. For guidance see Sec. 86.094-30.
(a)(13) [Reserved]. For guidance see Sec. 86.095-30.
(a)(14) [Reserved]. For guidance see Sec. 86.094-30.
(a) (15)-(18) [Reserved]. For guidance see Sec. 86.096-30.
(a)(19) [Reserved]. For guidance see Sec. 86.098-30.
(a)(20) [Reserved]. For guidance see Sec. 86.001-30.
(a)(21) For all light-duty trucks certified to refueling emission
standards under Sec. 86.004-9, the provisions of paragraphs (a)(21)
(i)-(iii) of this section apply.
(i) All certificates issued are conditional upon the manufacturer
complying with all provisions of Sec. 86.004-9 both during and after
model year production.
(ii) Failure to meet the required implementation schedule sales
percentages as specified in Sec. 86.004-9 will be considered to be a
failure to satisfy the conditions upon which the certificate(s) was
issued and the individual vehicles sold in violation of the
implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied.
(b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For
guidance see Sec. 86.094-30.
(b)(1)(ii)(B) The emission data vehicle(s) selected under Sec.
86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the same
evaporative/refueling control system within the evaporative/refueling
family.
(b)(1)(ii)(C) [Reserved]. For guidance see Sec. 86.094-30.
(b)(1)(ii)(D) The emission-data vehicle(s) selected under Sec.
86.098-24(b)(1)(viii) shall represent all vehicles of the same
evaporative/refueling control system within the evaporative/refueling
emission family, as applicable.
(b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see Sec.
86.094-30.
(b)(2) [Reserved]. For guidance see Sec. 86.098-30.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-30.
(b)(4)(ii) introductory text [Reserved]. For guidance see Sec.
86.098-30.
(b)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
(b)(4)(ii)(B)-(b)(4)(iv) [Reserved]. For guidance see Sec. 86.098-
30.
(b)(5)-(e) [Reserved]. For guidance see Sec. 86.094-30.
(f) For engine families required to have an OBD system,
certification will not be granted if, for any test vehicle approved by
the Administrator in consultation with the manufacturer, the malfunction
indicator light does not illuminate under any of the following
circumstances, unless the manufacturer can demonstrate that any
identified OBD problems discovered during the Administrator's evaluation
will be corrected on production vehicles.
(1)(i) Otto-cycle. A catalyst is replaced with a deteriorated or
defective catalyst, or an electronic simulation of such, resulting in an
increase of 1.5 times the NMHC+NOX standard or FEL above the
NMHC+NOX emission level measured using a representative 4000
mile catalyst system.
(ii) Diesel. (A) If monitored for emissions performance--a catalyst
is replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust emissions exceeding 1.5 times
the applicable standard or FEL for NMHC+NOX or PM.
(B) If monitored for performance--a particulate trap is replaced
with a trap that has catastrophically failed, or an electronic
simulation of such.
(2)(i) Otto-cycle. An engine misfire condition is induced resulting
in exhaust emissions exceeding 1.5 times the applicable standards or FEL
for NMHC+NOX or CO.
(ii) Diesel. An engine misfire condition is induced and is not
detected.
(3) If so equipped, any oxygen sensor is replaced with a
deteriorated or defective oxygen sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding 1.5 times the
[[Page 59]]
applicable standard or FEL for NMHC+NOX or CO.
(4) If so equipped, a vapor leak is introduced in the evaporative
and/or refueling system (excluding the tubing and connections between
the purge valve and the intake manifold) greater than or equal in
magnitude to a leak caused by a 0.040 inch diameter orifice, or the
evaporative purge air flow is blocked or otherwise eliminated from the
complete evaporative emission control system.
(5) A malfunction condition is induced in any emission-related
engine system or component, including but not necessarily limited to,
the exhaust gas recirculation (EGR) system, if equipped, the secondary
air system, if equipped, and the fuel control system, singularly
resulting in exhaust emissions exceeding 1.5 times the applicable
emission standard or FEL for NMHC+NOX, CO or PM.
(6) A malfunction condition is induced in an electronic emission-
related engine system or component not otherwise described above that
either provides input to or receives commands from the on-board computer
resulting in a measurable impact on emissions.
[59 FR 16287, Apr. 6, 1994, as amended at 62 FR 54727, Oct. 21, 1997; 65
FR 59948, Oct. 6, 2000]
Sec. 86.004-38 Maintenance instructions.
This section includes text that specifies requirements that differ
from those specified in Sec. 86.096-38. Where a paragraph in Sec.
86.096-38 is identical and applicable to Sec. 86.004-38, this may be
indicated by specifying the corresponding paragraph and the statement
``[Reserved]. For guidance see Sec. 86.096-38.''.
(a) The manufacturer shall furnish or cause to be furnished to the
purchaser of each new motor vehicle (or motor vehicle engine) subject to
the standards prescribed in Sec. 86.099-8, Sec. 86.004-9, Sec.
86.004-10, or Sec. 86.004-11, as applicable, written instructions for
the proper maintenance and use of the vehicle (or engine), by the
purchaser consistent with the provisions of Sec. 86.004-25, which
establishes what scheduled maintenance the Administrator approves as
being reasonable and necessary.
(1) The maintenance instructions required by this section shall be
in clear, and to the extent practicable, nontechnical language.
(2) The maintenance instructions required by this section shall
contain a general description of the documentation which the
manufacturer will require from the ultimate purchaser or any subsequent
purchaser as evidence of compliance with the instructions.
(b) Instructions provided to purchasers under paragraph (a) of this
section shall specify the performance of all scheduled maintenance
performed by the manufacturer on certification durability vehicles and,
in cases where the manufacturer performs less maintenance on
certification durability vehicles than the allowed limit, may specify
the performance of any scheduled maintenance allowed under Sec. 86.004-
25.
(c) Scheduled emission-related maintenance in addition to that
performed under Sec. 86.004-25(b) may only be recommended to offset the
effects of abnormal in-use operating conditions, except as provided in
paragraph (d) of this section. The manufacturer shall be required to
demonstrate, subject to the approval of the Administrator, that such
maintenance is reasonable and technologically necessary to assure the
proper functioning of the emission control system. Such additional
recommended maintenance shall be clearly differentiated, in a form
approved by the Administrator, from that approved under Sec. 86.004-
25(b).
(d) Inspections of emission-related parts or systems with
instructions to replace, repair, clean, or adjust the parts or systems
if necessary, are not considered to be items of scheduled maintenance
which insure the proper functioning of the emission control system. Such
inspections, and any recommended maintenance beyond that approved by the
Administrator as reasonable and necessary under paragraphs (a), (b), and
(c) of this section, may be included in the written instructions
furnished to vehicle owners under paragraph (a) of this section:
Provided, That such instructions clearly state, in a form approved by
the Administrator, that the owner need not perform such
[[Page 60]]
inspections or recommended maintenance in order to maintain the
emissions defect and emissions performance warranty or manufacturer
recall liability.
(e) The manufacturer may choose to include in such instructions an
explanation of any distinction between the useful life specified on the
label, and the emissions defect and emissions performance warranty
period. The explanation must clearly state that the useful life period
specified on the label represents the average period of use up to
retirement or rebuild for the engine family represented by the engine
used in the vehicle. An explanation of how the actual useful lives of
engines used in various applications are expected to differ from the
average useful life may be included. The explanation(s) shall be in
clear, non-technical language that is understandable to the ultimate
purchaser.
(f) If approved by the Administrator, the instructions provided to
purchasers under paragraph (a) of this section shall indicate what
adjustments or modifications, if any, are necessary to allow the vehicle
to meet applicable emission standards at elevations above 4,000 feet, or
at elevations of 4,000 feet or less.
(g) [Reserved]. For guidance see Sec. 86.096-38. For incorporation
by reference see Sec. Sec. 86.1 and 86.096-38.
(h) The manufacturer shall furnish or cause to be furnished to the
purchaser of each new motor engine subject to the standards prescribed
in Sec. 86.004-10 or Sec. 86.004-11, as applicable, the following:
(1) Instructions for all maintenance needed after the end of the
useful life of the engine for critical emissions-related components as
provided in Sec. 86.004-25(b), including recommended practices for
diagnosis, cleaning, adjustment, repair, and replacement of the
component (or a statement that such component is maintenance free for
the life of the engine) and instructions for accessing and responding to
any emissions-related diagnostic codes that may be stored in on-board
monitoring systems;
(2) A copy of the engine rebuild provisions contained in Sec.
86.004-40.
[62 FR 54728, Oct. 21, 1997, as amended at 68 FR 38455, June 27, 2003]
Sec. 86.004-40 Heavy-duty engine rebuilding practices.
The provisions of this section are applicable to heavy-duty engines
subject to model year 2004 or later standards and are applicable to the
process of engine rebuilding (or rebuilding a portion of an engine or
engine system). The process of engine rebuilding generally includes
disassembly, replacement of multiple parts due to wear, and reassembly,
and also may include the removal of the engine from the vehicle and
other acts associated with rebuilding an engine. Any deviation from the
provisions contained in this section is a prohibited act under section
203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
(a) When rebuilding an engine, portions of an engine, or an engine
system, there must be a reasonable technical basis for knowing that the
resultant engine is equivalent, from an emissions standpoint, to a
certified configuration (i.e., tolerances, calibrations, specifications)
and the model year(s) of the resulting engine configuration must be
identified. A reasonable basis would exist if:
(1) Parts installed, whether the parts are new, used, or rebuilt,
are such that a person familiar with the design and function of motor
vehicle engines would reasonably believe that the parts perform the same
function with respect to emissions control as the original parts; and
(2) Any parameter adjustment or design element change is made only:
(i) In accordance with the original engine manufacturer's
instructions; or
(ii) Where data or other reasonable technical basis exists that such
parameter adjustment or design element change, when performed on the
engine or similar engines, is not expected to adversely affect in-use
emissions.
(b) When an engine is being rebuilt and remains installed or is
reinstalled in the same vehicle, it must be rebuilt to a configuration
of the same or later model year as the original engine. When an engine
is being replaced, the
[[Page 61]]
replacement engine must be an engine of (or rebuilt to) a configuration
of the same or later model year as the original engine.
(c) At time of rebuild, emissions-related codes or signals from on-
board monitoring systems may not be erased or reset without diagnosing
and responding appropriately to the diagnostic codes, regardless of
whether the systems are installed to satisfy requirements in Sec.
86.004-25 or for other reasons and regardless of form or interface.
Diagnostic systems must be free of all such codes when the rebuilt
engine is returned to service. Such signals may not be rendered
inoperative during the rebuilding process.
(d) When conducting a rebuild without removing the engine from the
vehicle, or during the installation of a rebuilt engine, all critical
emissions-related components listed in Sec. 86.004-25(b) not otherwise
addressed by paragraphs (a) through (c) of this section must be checked
and cleaned, adjusted, repaired, or replaced as necessary, following
manufacturer recommended practices.
(e) Records shall be kept by parties conducting activities included
in paragraphs (a) through (d) of this section. The records shall include
at minimum the mileage and/or hours at time of rebuild, a listing of
work performed on the engine and emissions-related control components
including a listing of parts and components used, engine parameter
adjustments, emissions-related codes or signals responded to and reset,
and work performed under paragraph (d) of this section.
(1) Parties may keep records in whatever format or system they
choose as long as the records are understandable to an EPA enforcement
officer or can be otherwise provided to an EPA enforcement officer in an
understandable format when requested.
(2) Parties are not required to keep records of information that is
not reasonably available through normal business practices including
information on activities not conducted by themselves or information
that they cannot reasonably access.
(3) Parties may keep records of their rebuilding practices for an
engine family rather than on each individual engine rebuilt in cases
where those rebuild practices are followed routinely.
(4) Records must be kept for a minimum of two years after the engine
is rebuilt.
[62 FR 54729, Oct. 21, 1997, as amended at 66 FR 5160, Jan. 18, 2001]
Sec. 86.005-1 General applicability.
Section 86.005-1 includes text that specifies requirements that
differ from Sec. 86.001-1. Where a paragraph in Sec. 86.001-1 is
identical and applicable to Sec. 86.005-1, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.001-1.''.
(a) Applicability. The provisions of this subpart generally apply to
2005 and later model year new Otto-cycle heavy-duty engines used in
incomplete vehicles and vehicles above 14,000 pounds GVWR and 2005 and
later model year new diesel-cycle heavy-duty engines. In cases where a
provision applies only to a certain vehicle group based on its model
year, vehicle class, motor fuel, engine type, or other distinguishing
characteristics, the limited applicability is cited in the appropriate
section or paragraph. The provisions of this subpart continue to
generally apply to 2000 and earlier model year new Otto-cycle and
diesel-cycle light-duty vehicles, 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty trucks, and 2004 and earlier model
year new Otto-cycle complete heavy-duty vehicles at or below 14,000
pounds GVWR. Provisions generally applicable to 2001 and later model
year new Otto-cycle and diesel-cycle light-duty vehicles, 2001 and later
model year new Otto-cycle and diesel-cycle light-duty trucks, and 2005
and later model year Otto-cycle complete heavy-duty vehicles at or below
14,000 pounds GVWR are located in subpart S of this part.
(b) Optional applicability. (1) A manufacturer may request to
certify any 2003 or 2004 model year heavy-duty vehicle of 14,000 pounds
Gross Vehicle Weight Rating or less in accordance with the light-duty
truck provisions located in subpart S of this part. Heavy-duty engine or
vehicle provisions of this subpart A do not apply to such a vehicle.
This option is not available in
[[Page 62]]
the 2003 model year for manufacturers choosing Otto-cycle HDE option 1
in paragraph (c)(1) of this section, or in the 2004 model year for
manufacturers choosing Otto-cycle HDE option 2 in paragraph (c)(2) of
this section.
(2) For 2005 and later model years, a manufacturer may request to
certify any incomplete Otto-cycle heavy-duty vehicle of 14,000 pounds
Gross Vehicle Weight Rating or less in accordance with the provisions
for Otto-cycle complete heavy-duty vehicles located in subpart S of this
part. Heavy-duty engine or heavy-duty vehicle provisions of this subpart
A do not apply to such a vehicle. This option is available starting with
the 2003 model year to manufacturers choosing Otto-cycle HDE option 1 in
paragraph (c)(1) of this section. This option is available starting with
the 2004 model year to manufacturers choosing Otto-cycle HDE option 2 in
paragraph (c)(1) of this section.
(c) Otto-cycle heavy-duty engines and vehicles. The manufacturer
must select one of the three options for Otto-cycle heavy-duty engines
and vehicles in paragraphs (c)(1) through (c)(3) of this section. The
emission standards and other requirements that apply under a given
option shall apply to all Otto-cycle heavy-duty engines and vehicles
certified by the manufacturer (e.g., a manufacturer may not select one
option for certain engine families and the other option for other engine
families). The requirements under each option shall remain effective,
once selected, for subsequent model years, until superceded or otherwise
revised by the Administrator (e.g., a manufacturer may not select one
option prior to the 2004 model year and change to another option in the
2006 model year). The complete requirements under each option are
contained in subparts A and S of this part.
(1) Otto-cycle HDE Option 1. The following requirements apply to
Otto-cycle heavy-duty engines and vehicles certified by manufacturers
selecting this option:
(i) Emission standards for 2003 and later model year Otto-cycle
heavy-duty engines, according to the provisions of Sec. 86.005-
10(f)(1).
(ii) Emission standards for 2003 and later model year Otto-cycle
complete heavy-duty vehicles, according to the provisions of Sec.
86.1816-05, except that, for 2003 through 2006 model year Otto-cycle
complete heavy-duty vehicles, manufacturers may optionally comply with
the standards in either 86.005-10 or 86.1816-05.
(iii) Averaging, banking, and trading provisions that allow transfer
of credits between a manufacturer's complete vehicle averaging set and
their heavy-duty Otto-cycle engine averaging set, according to the
provisions of Sec. 86.1817-05(o).
(iv) On-board diagnostics requirements effective starting with the
2004 model year for Otto-cycle engines and complete vehicles, according
to the provisions of Sec. Sec. 86.005-17 and 86.1806-05.
(v) Refueling emissions requirements effective starting with the
2004 model year for Otto-cycle complete vehicles, according to the
provisions of Sec. Sec. 86.1810-01 and 86.1816-05.
(2) Otto-cycle HDE Option 2. The following requirements apply to
Otto-cycle heavy-duty engines and vehicles certified by manufacturers
selecting this option:
(i) Emission standards for 2004 and later model year Otto-cycle
heavy-duty engines, according to the provisions of Sec. 86.005-
10(f)(2).
(ii) Emission standards for 2004 and later model year Otto-cycle
complete heavy-duty vehicles, according to the provisions of Sec.
86.1816-05.
(iii) Averaging, banking, and trading provisions that allow transfer
of credits between a manufacturer's complete vehicle averaging set and
their heavy-duty Otto-cycle engine averaging set, according to the
provisions of Sec. 86.1817-05(o).
(iv) On-board diagnostics requirements effective starting with the
2004 model year for Otto-cycle engines and complete vehicles, according
to the provisions of Sec. Sec. 86.005-17 and 86.1806-05.
(v) Refueling emissions requirements effective starting with the
2004 model year for Otto-cycle complete vehicles, according to the
provisions of Sec. Sec. 86.1810-01 and 86.1816-05.
(3) Otto-cycle HDE Option 3. The following requirements apply to
Otto-cycle heavy-duty engines and vehicles
[[Page 63]]
certified by manufacturers that do not select one of the options for
2003 or 2004 model year compliance in paragraph (c)(1) or (c)(2) of this
section:
(i) Emission standards for 2005 and later model year Otto-cycle
heavy-duty engines, according to the provisions of Sec. 86.005-10.
(ii) Emission standards for 2005 and later model year Otto-cycle
complete heavy-duty vehicles, according to the provisions of Sec.
86.1816-05.
(iii) On-board diagnostics requirements effective starting with the
2005 model year for Otto-cycle engines and complete vehicles, according
to the provisions of Sec. Sec. 86.005-17 and 86.1806-05.
(iv) Refueling emissions requirements effective starting with the
2005 model year for Otto-cycle complete vehicles, according to the
provisions of Sec. Sec. 86.1810-01 and 86.1816-05.
(v) Manufacturers selecting this option may exempt 2005 model year
Otto-cycle heavy-duty engines and vehicles whose model year commences
before July 31, 2004 from the requirements in paragraphs (c)(3)(i)
through (iv) of this section.
(vi) For 2005 model year engines or vehicles exempted under
paragraph (c)(3)(v) of this section, a manufacturer shall certify such
Otto-cycle heavy-duty engines and vehicles to all requirements in this
subpart applicable to 2004 model year Otto-cycle heavy-duty engines. The
averaging, banking, and trading provisions contained in Sec. 86.000-15
remain effective for these engines.
(d) [Reserved]
(e)-(f) [Reserved]. For guidance see Sec. 86.001-1.
[65 FR 59949, Oct. 6, 2000]
Sec. 86.005-10 Emission standards for 2005 and later model year Otto-cycle
heavy-duty engines and vehicles.
Section 86.005-10 includes text that specifies requirements that
differ from Sec. 86.098-10 or Sec. 86.099-10. Where a paragraph in
Sec. 86.098-10 or Sec. 86.099-10 is identical and applicable to Sec.
86.005-10, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.098-
10.'' or ``[Reserved]. For guidance see Sec. 86.099-10.''.
(a)(1) Exhaust emissions from new 2005 and later model year Otto-
cycle HDEs, except for Otto-cycle HDEs subject to the alternative
standards in paragraph (f) of this section, shall not exceed:
(i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NOX + NMHC)
for engines fueled with either gasoline, natural gas, or liquefied
petroleum gas. 1.0 grams per brake horsepower-hour (0.37 grams per
megajoule).
(B) Oxides of Nitrogen plus Non-methane HydrocarbonEquivalent (NOX +
NMHCE) for engines fueled with methanol. 1.0 grams per brake horsepower-
hour (0.37 grams per megajoule).
(C) A manufacturer may elect to include any or all of its Otto-cycle
HDE families in any or all of the emissions ABT programs for HDEs,
within the restrictions described in Sec. 86.098-15. If the
manufacturer elects to include engine families in any of these programs,
the NOX plus NMHC (or NOX plus NMHCE for methanol-
fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour
(1.7 grams per megajoule). This ceiling value applies whether credits
for the family are derived from averaging, banking, or trading programs.
(ii)(A) Carbon monoxide for engines intended for use in all
vehicles, except as provided in paragraph (a)(3) of this section. 14.4
grams per brake horsepower-hour (5.36 grams per megajoule), as measured
under transient operating conditions.
(B) Carbon monoxide for engines intended for use only in vehicles
with a Gross Vehicle Weight Rating of greater than 14,000 pounds. 37.1
grams per brake horsepower-hour (13.8 grams per megajoule), as measured
under transient operating conditions.
(C) Idle carbon monoxide. For all Otto-cycle HDEs utilizing
aftertreatment technology, and not certified to the onboard diagnostics
requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at
curb idle.
(2) The standards set forth in paragraphs (a)(1) and (f) of this
section refer to the exhaust emitted over the operating schedule set
forth in paragraph (f)(1) of appendix I to this part, and measured and
calculated in accordance
[[Page 64]]
with the procedures set forth in subpart N or P of this part.
(3)(i) A manufacturer may certify one or more Otto-cycle HDE
configurations intended for use in all vehicles to the emission standard
set forth in paragraph (a)(1)(ii)(B) of this section: Provided, that the
total model year sales of such configuration(s), segregated by fuel
type, being certified to the emission standard in paragraph
(a)(1)(ii)(B) of this section represent no more than five percent of
total model year sales of each fuel type Otto-cycle HDE intended for use
in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by
the manufacturer.
(ii) The configurations certified to the emission standards of
paragraph (a)(1)(ii)(B) of this section under the provisions of
paragraph (a)(3)(i) of this section shall still be required to meet the
evaporative emission standards set forth in Sec. 86.099-10(b)(1)(i),
(b)(2)(i) and (b)(3)(i).
(4) The manufacturer may exempt 2005 model year HDE engine families
whose model year begins before July, 31, 2004 from the requirements in
this paragraph (a). Exempted engine families shall be subject to the
requirements in Sec. 86.099-10.
(b) [Reserved]. For guidance see Sec. 86.099-10.
(c) [Reserved]. For guidance see Sec. 86.098-10.
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart N or P of this part to ascertain that such test engines meet the
requirements of this section.
(e) [Reserved]. For guidance see Sec. 86.099-10.
(f) Alternative exhaust emission standards. In lieu of the exhaust
emission standards in paragraph (a)(1)(i)(A) or (B) of this section, the
manufacturer may select the standards and provisions in either paragraph
(f)(1) or (f)(2) of this section.
(1) Otto-cycle HDE Option 1. The alternative exhaust emission
standards in this paragraph (f)(1) shall apply to new 2003 through 2007
model year Otto-cycle HDEs and, at the manufacturers option, to new 2003
through 2006 model year Otto-cycle complete heavy-duty vehicles less
than or equal to 14,000 pounds GVWR
(i) Oxides of Nitrogen plus Non-methane Hydrocarbons (NOX + NMHC)
for engines fueled with either gasoline, natural gas, or liquefied
petroleum gas. 1.5 grams per brake horsepower-hour (0.55 grams per
megajoule).
(ii) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NOX
+ NMHCE) for engines fueled with methanol. 1.5 grams per brake
horsepower-hour (0.55 grams per megajoule).
(2) Otto-cycle HDE Option 2. The alternative exhaust emission
standards in this paragraph (f)(2) shall apply to new 2004 through 2007
model year Otto-cycle HDEs.
(i) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO,X + NMHC)
for engines fueled with either gasoline, natural gas, or liquefied
petroleum gas. 1.5 grams per brake horsepower-hour (0.55 grams per
megajoule).
(ii) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NOX
+ NMHCE) for engines fueled with methanol. 1.5 grams per brake
horsepower-hour (0.55 grams per megajoule).
[65 FR 59950, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001]
Sec. 86.005-17 On-board diagnostics.
(a) General. (1) All heavy-duty engines intended for use in a heavy-
duty vehicle weighing 14,000 pounds GVWR or less must be equipped with
an on-board diagnostic (OBD) system capable of monitoring all emission-
related engine systems or components during the applicable useful life.
Heavy-duty engines intended for use in a heavy-duty vehicle weighing
14,000 pounds GVWR or less must meet the OBD requirements of this
section according to the phase-in schedule in paragraph (k) of this
section. All monitored systems and components must be evaluated
periodically, but no less frequently than once per applicable
certification test cycle as defined in Appendix I, paragraph (f), of
this part, or similar trip as approved by the Administrator.
(2) An OBD system demonstrated to fully meet the requirements in
[[Page 65]]
Sec. 86.1806-05 may be used to meet the requirements of this section,
provided that the Administrator finds that a manufacturer's decision to
use the flexibility in this paragraph (a)(2) is based on good
engineering judgement. (b) Malfunction descriptions. The OBD system must
detect and identify malfunctions in all monitored emission-related
engine systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart N of this part (engine-based test
procedures) excluding the test procedure referred to as the
``Supplemental emission test; test cycle and procedures'' contained in
Sec. 86.1360, and excluding the test procedure referred to as the
``Not-To-Exceed Test Procedure'' contained in Sec. 86.1370, and
excluding the test procedure referred to as the ``Load Response Test''
contained in Sec. 86.1380.
(1) Catalysts and particulate traps. (i) Otto-cycle. Catalyst
deterioration or malfunction before it results in an increase in NMHC
(or NOX+NMHC, as applicable) emissions 1.5 times the NMHC (or
NOX+NMHC, as applicable) standard or FEL, as compared to the
NMHC (or NOX+NMHC, as applicable) emission level measured
using a representative 4000 mile catalyst system.
(ii) Diesel. (A) If equipped, catalyst deterioration or malfunction
before it results in exhaust emissions exceeding 1.5 times the
applicable standard or FEL for NOX (or NOX+NMHC,
as applicable) or PM. This requirement applies only to reduction
catalysts; monitoring of oxidation catalysts is not required. This
monitoring need not be done if the manufacturer can demonstrate that
deterioration or malfunction of the system will not result in exceedance
of the threshold.
(B) If equipped with a particulate trap, catastrophic failure of the
device must be detected. Any particulate trap whose complete failure
results in exhaust emissions exceeding 1.5 times the applicable standard
or FEL for NMHC (or NOX+NMHC, as applicable) or PM must be
monitored for such catastrophic failure. This monitoring need not be
done if the manufacturer can demonstrate that a catastrophic failure of
the system will not result in exceedance of the threshold.
(2) Engine Misfire. (i) Otto-cycle. Engine misfire resulting in
exhaust emissions exceeding 1.5 times the applicable standard or FEL for
NMHC, NOX (or NOX+NMHC, as applicable) or CO; and
any misfire capable of damaging the catalytic converter.
(ii) Diesel. Lack of cylinder combustion must be detected.
(3) Oxygen sensors. If equipped, oxygen sensor deterioration or
malfunction resulting in exhaust emissions exceeding 1.5 times the
applicable standard or FEL for NMHC, NOX (or
NOX+NMHC, as applicable) or CO.
(4) Evaporative leaks. If equipped, any vapor leak in the
evaporative and/or refueling system (excluding the tubing and
connections between the purge valve and the intake manifold) greater
than or equal in magnitude to a leak caused by a 0.040 inch diameter
orifice; an absence of evaporative purge air flow from the complete
evaporative emission control system. Where fuel tank capacity is greater
than 25 gallons, the Administrator may, following a request from the
manufacturer, revise the size of the orifice to the smallest orifice
feasible, based on test data, if the most reliable monitoring method
available cannot reliably detect a system leak equal to a 0.040 inch
diameter orifice.
(5) Other emission control systems. Any deterioration or malfunction
occurring in an engine system or component directly intended to control
emissions, including but not necessarily limited to, the exhaust gas
recirculation (EGR) system, if equipped, the secondary air system, if
equipped, and the fuel control system, singularly resulting in exhaust
emissions exceeding 1.5 times the applicable emission standard or FEL
for NMHC, NOX (or NOX+NMHC, as applicable), CO or
diesel PM. For engines equipped with a secondary air system, a
functional check, as described in paragraph (b)(6) of this section, may
satisfy the requirements of this paragraph (b)(5) provided the
manufacturer can demonstrate that deterioration of the flow distribution
system is unlikely. This demonstration is subject to Administrator
approval and, if the
[[Page 66]]
demonstration and associated functional check are approved, the
diagnostic system must indicate a malfunction when some degree of
secondary airflow is not detectable in the exhaust system during the
check. For engines equipped with positive crankcase ventilation (PCV),
monitoring of the PCV system is not necessary provided the manufacturer
can demonstrate to the Administrator's satisfaction that the PCV system
is unlikely to fail.
(6) Other emission-related engine components. Any other
deterioration or malfunction occurring in an electronic emission-related
engine system or component not otherwise described above that either
provides input to or receives commands from the on-board computer and
has a measurable impact on emissions; monitoring of components required
by this paragraph (b)(6) must be satisfied by employing electrical
circuit continuity checks and rationality checks for computer input
components (input values within manufacturer specified ranges based on
other available operating parameters), and functionality checks for
computer output components (proper functional response to computer
commands) except that the Administrator may waive such a rationality or
functionality check where the manufacturer has demonstrated
infeasibility. Malfunctions are defined as a failure of the system or
component to meet the electrical circuit continuity checks or the
rationality or functionality checks.
(7) Performance of OBD functions. Oxygen sensor or any other
component deterioration or malfunction which renders that sensor or
component incapable of performing its function as part of the OBD system
must be detected and identified on vehicles so equipped.
(c) Malfunction indicator light (MIL). The OBD system must
incorporate a malfunction indicator light (MIL) readily visible to the
vehicle operator. When illuminated, the MIL must display ``Check
Engine,'' ``Service Engine Soon,'' a universally recognizable engine
symbol, or a similar phrase or symbol approved by the Administrator.
More than one general purpose malfunction indicator light for emission-
related problems should not be used; separate specific purpose warning
lights (e.g., brake system, fasten seat belt, oil pressure, etc.) are
permitted. The use of red for the OBD-related malfunction indicator
light is prohibited.
(d) MIL illumination. The MIL must illuminate and remain illuminated
when any of the conditions specified in paragraph (b) of this section
are detected and verified, or whenever the engine control enters a
default or secondary mode of operation considered abnormal for the given
engine operating conditions. The MIL must blink once per second under
any period of operation during which engine misfire is occurring and
catalyst damage is imminent. If such misfire is detected again during
the following driving cycle (i.e., operation consisting of, at a
minimum, engine start-up and engine shut-off) or the next driving cycle
in which similar conditions are encountered, the MIL must maintain a
steady illumination when the misfire is not occurring and then remain
illuminated until the MIL extinguishing criteria of this section are
satisfied. The MIL must also illuminate when the vehicle's ignition is
in the ``key-on'' position before engine starting or cranking and
extinguish after engine starting if no malfunction has previously been
detected. If a fuel system or engine misfire malfunction has previously
been detected, the MIL may be extinguished if the malfunction does not
reoccur during three subsequent sequential trips during which similar
conditions are encountered and no new malfunctions have been detected.
Similar conditions are defined as engine speed within 375 rpm, engine
load within 20 percent, and engine warm-up status equivalent to that
under which the malfunction was first detected. If any malfunction other
than a fuel system or engine misfire malfunction has been detected, the
MIL may be extinguished if the malfunction does not reoccur during three
subsequent sequential trips during which the monitoring system
responsible for illuminating the MIL functions without detecting the
malfunction, and no new malfunctions have been detected. Upon
Administrator approval, statistical MIL illumination protocols may be
employed, provided they result in comparable timeliness in detecting a
malfunction
[[Page 67]]
and evaluating system performance, i.e., three to six driving cycles
would be considered acceptable.
(e) Storing of computer codes. The OBD system shall record and store
in computer memory diagnostic trouble codes and diagnostic readiness
codes indicating the status of the emission control system. These codes
shall be available through the standardized data link connector per
specifications as referenced in paragraph (h) of this section.
(1) A diagnostic trouble code must be stored for any detected and
verified malfunction causing MIL illumination. The stored diagnostic
trouble code must identify the malfunctioning system or component as
uniquely as possible. At the manufacturer's discretion, a diagnostic
trouble code may be stored for conditions not causing MIL illumination.
Regardless, a separate code should be stored indicating the expected MIL
illumination status (i.e., MIL commanded ``ON,'' MIL commanded ``OFF'').
(2) For a single misfiring cylinder, the diagnostic trouble code(s)
must uniquely identify the cylinder, unless the manufacturer submits
data and/or engineering evaluations which adequately demonstrate that
the misfiring cylinder cannot be reliably identified under certain
operating conditions. For diesel engines only, the specific cylinder for
which combustion cannot be detected need not be identified if new
hardware would be required to do so. The diagnostic trouble code must
identify multiple misfiring cylinder conditions; under multiple misfire
conditions, the misfiring cylinders need not be uniquely identified if a
distinct multiple misfire diagnostic trouble code is stored.
(3) The diagnostic system may erase a diagnostic trouble code if the
same code is not re-registered in at least 40 engine warm-up cycles, and
the malfunction indicator light is not illuminated for that code.
(4) Separate status codes, or readiness codes, must be stored in
computer memory to identify correctly functioning emission control
systems and those emission control systems which require further engine
operation to complete proper diagnostic evaluation. A readiness code
need not be stored for those monitors that can be considered
continuously operating monitors (e.g., misfire monitor, fuel system
monitor, etc.). Readiness codes should never be set to ``not ready''
status upon key-on or key-off; intentional setting of readiness codes to
``not ready'' status via service procedures must apply to all such
codes, rather than applying to individual codes. Subject to
Administrator approval, if monitoring is disabled for a multiple number
of driving cycles (i.e., more than one) due to the continued presence of
extreme operating conditions (e.g., ambient temperatures below 40
[deg]F, or altitudes above 8000 feet), readiness for the subject
monitoring system may be set to ``ready'' status without monitoring
having been completed. Administrator approval shall be based on the
conditions for monitoring system disablement, and the number of driving
cycles specified without completion of monitoring before readiness is
indicated.
(f) Available diagnostic data. (1) Upon determination of the first
malfunction of any component or system, ``freeze frame'' engine
conditions present at the time must be stored in computer memory. Should
a subsequent fuel system or misfire malfunction occur, any previously
stored freeze frame conditions must be replaced by the fuel system or
misfire conditions (whichever occurs first). Stored engine conditions
must include, but are not limited to: engine speed, open or closed loop
operation, fuel system commands, coolant temperature, calculated load
value, fuel pressure, vehicle speed, air flow rate, and intake manifold
pressure if the information needed to determine these conditions is
available to the computer. For freeze frame storage, the manufacturer
must include the most appropriate set of conditions to facilitate
effective repairs. If the diagnostic trouble code causing the conditions
to be stored is erased in accordance with paragraph (d) of this section,
the stored engine conditions may also be erased.
(2) The following data in addition to the required freeze frame
information must be made available on demand through the serial port on
the standardized data link connector, if the information is available to
the on-board
[[Page 68]]
computer or can be determined using information available to the on-
board computer: Diagnostic trouble codes, engine coolant temperature,
fuel control system status (closed loop, open loop, other), fuel trim,
ignition timing advance, intake air temperature, manifold air pressure,
air flow rate, engine RPM, throttle position sensor output value,
secondary air status (upstream, downstream, or atmosphere), calculated
load value, vehicle speed, and fuel pressure. The signals must be
provided in standard units based on SAE specifications incorporated by
reference in paragraph (h) of this section. Actual signals must be
clearly identified separately from default value or limp home signals.
(3) For all OBD systems for which specific on-board evaluation tests
are conducted (catalyst, oxygen sensor, etc.), the results of the most
recent test performed by the vehicle, and the limits to which the system
is compared must be available through the standardized data link
connector per the appropriate standardized specifications as referenced
in paragraph (h) of this section.
(4) Access to the data required to be made available under this
section shall be unrestricted and shall not require any access codes or
devices that are only available from the manufacturer.
(g) Exceptions. The OBD system is not required to evaluate systems
or components during malfunction conditions if such evaluation would
result in a risk to safety or failure of systems or components.
Additionally, the OBD system is not required to evaluate systems or
components during operation of a power take-off unit such as a dump bed,
snow plow blade, or aerial bucket, etc.
(h) Reference materials. The OBD system shall provide for
standardized access and conform with the following Society of Automotive
Engineers (SAE) standards and/or the following International Standards
Organization (ISO) standards. The following documents are incorporated
by reference, see Sec. 86.1:
(1) SAE material. Copies of these materials may be obtained from the
Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
(i) SAE J1850 ``Class B Data Communication Network Interface,''
(Revised, May 2001) shall be used as the on-board to off-board
communications protocol. All emission related messages sent to the scan
tool over a J1850 data link shall use the Cyclic Redundancy Check and
the three byte header, and shall not use inter-byte separation or check
sums.
(ii) Basic diagnostic data (as specified in Sec. 86.094-17(e) and
(f)) shall be provided in the format and units in SAE J1979 ``E/E
Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5: April 30, 2002'',
(Revised, April 2002).
(iii) Diagnostic trouble codes shall be consistent with SAE J2012
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-6:
April 30, 2002'', (Revised, April 2002).
(iv) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements of
SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-3:
December 14, 2001'' (Revised, April 2002).
(v) All acronyms, definitions and abbreviations shall be formatted
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic Terms,
Definitions, Abbreviations, and Acronyms'' Equivalent to ISO/TR 15031-2:
April 30, 2002'', (Revised, April 2002).
(vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool'' Equivalent
to ISO 15031-4: December 14, 2001'', (Revised, April 2002).
(vii) As an alternative to the above standards, heavy-duty vehicles
may conform to the specifications of the SAE J1939 series of standards
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
(2) ISO materials. Copies of these materials may be obtained from
the International Organization for Standardization, Case Postale 56, CH-
1211 Geneva 20, Switzerland.
(i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB
requirements for interchange of digital information,'' (February 1,
1994) may be used as an alternative to SAE J1850 as the
[[Page 69]]
on-board to off-board communications protocol.
(ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP
2000 requirements for Emission-related systems'', (June 1, 2000) may
also be used as an alternative to SAE J1850.
(iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller
Area Network (CAN)--Part 4: Requirements for emission-related systems'',
(December 14, 2001) may also be used as an alternative to SAE J1850.
(i) Deficiencies and alternate fueled engines. Upon application by
the manufacturer, the Administrator may accept an OBD system as
compliant even though specific requirements are not fully met. Such
compliances without meeting specific requirements, or deficiencies, will
be granted only if compliance would be infeasible or unreasonable
considering such factors as, but not limited to: technical feasibility
of the given monitor and lead time and production cycles including
phase-in or phase-out of engines or vehicle designs and programmed
upgrades of computers. Unmet requirements should not be carried over
from the previous model year except where unreasonable hardware or
software modifications would be necessary to correct the deficiency, and
the manufacturer has demonstrated an acceptable level of effort toward
compliance as determined by the Administrator. Furthermore, EPA will not
accept any deficiency requests that include the complete lack of a major
diagnostic monitor (``major'' diagnostic monitors being those for
exhaust aftertreatment devices, oxygen sensor, engine misfire,
evaporative leaks, and diesel EGR, if equipped), with the possible
exception of the special provisions for alternate fueled engines. For
alternate fueled heavy-duty engines (e.g. natural gas, liquefied
petroleum gas, methanol, ethanol), beginning with the model year for
which alternate fuel emission standards are applicable and extending
through the 2006 model year, manufacturers may request the Administrator
to waive specific monitoring requirements of this section for which
monitoring may not be reliable with respect to the use of the alternate
fuel. At a minimum, alternate fuel engines must be equipped with an OBD
system meeting OBD requirements to the extent feasible as approved by
the Administrator.
(j) California OBDII compliance option. For heavy-duty engines
weighing 14,000 pounds GVWR or less, demonstration of compliance with
California OBD II requirements (Title 13 California Code of Regulations
Sec. 1968.2 (13 CCR 1968.2)), as modified pursuant to CARB Mail-Out
MSCD 02-11 (internet posting date October 7, 2002), shall
satisfy the requirements of this section, except that compliance with 13
CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. The deficiency provisions of paragraph (i) of this section and
the evaporative leak detection requirement of paragraph (b)(4) of this
section apply to manufacturers selecting this paragraph for
demonstrating compliance. In addition, demonstration of compliance with
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the
verification of proper alignment between the camshaft and crankshaft,
applies only to vehicles equipped with variable valve timing.
(k) Phase-in for heavy-duty engines. Manufacturers of heavy-duty
engines must comply with the OBD requirements in this section according
to the following phase-in schedule, based on the percentage of projected
engine sales within each category. The 2004 model year requirements in
the following phase-in schedule are applicable only to heavy-duty Otto-
cycle engines where the manufacturer has selected Otto-cycle Option 1 or
Option 2 for alternative 2004 compliance according to Sec. 86.005-
01(c)(1) or (2). The 2005 through 2007 requirements in the following
phase-in schedule apply to all heavy-duty engines intended for use in a
heavy-duty vehicle weighing 14,000 pounds GVWR or less. Manufacturers
may exempt 2005 model year diesel heavy-duty engines from the
requirements of this section if the 2005 model year commences before
July 31, 2004 from the requirements of this section. Manufacturers may
exempt 2005 model year Otto-cycle heavy-duty engines
[[Page 70]]
and vehicles from the requirements of this section if the manufacturer
has selected Otto-cycle Option 3 and if the 2005 model year commences
before July 31, 2004. For the purposes of calculating compliance with
the phase-in provisions of this paragraph (k), heavy-duty engines may be
combined with heavy-duty vehicles subject to the phase-in requirements
of paragraph Sec. 86.1806-05(l). The OBD Compliance phase-in table
follows:
OBD Compliance Phase-in for Heavy-Duty Engines Intended for Use in a
Heavy-Duty Vehicle Weighing 14,000 Pounds GVWR or Less
------------------------------------------------------------------------
Otto-cycle phase-in Diesel Phase-in
Model year based on projected based on projected
sales sales
------------------------------------------------------------------------
2004 MY..................... Applicable only to ....................
Otto-cycle engines
complying with
Options 1 or 2; 40%
compliance;
alternative fuel
waivers available.
2005 MY..................... 60% compliance; 50% compliance;
alternative fuel alternative fuel
waivers available. waivers available.
2006 MY..................... 80% compliance; 50% compliance;
alternative fuel alternative fuel
waivers available. waivers available.
2007 MY..................... 80% compliance; 100% compliance.
alternative fuel
waivers available.
2008+ MY.................... 100% compliance..... 100% compliance.
------------------------------------------------------------------------
[65 FR 59951, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001]
Sec. 86.007-11 Emission standards and supplemental requirements for 2007
and later model year diesel heavy-duty engines and vehicles.
This section applies to new 2007 and later model year diesel HDEs.
Section 86.007-11 includes text that specifies requirements that differ
from Sec. 86.004-11. Where a paragraph in Sec. 86.004-11 is identical
and applicable to Sec. 86.007-11, this may be indicated by specifying
the corresponding paragraph and the statement ``[Reserved]. For guidance
see Sec. 86.004-11.''.
(a)(1) Exhaust emissions from new 2007 and later model year diesel
HDEs shall not exceed the following:
(i) Oxides of Nitrogen (NOX). (A) 0.20 grams per brake
horsepower-hour (0.075 grams per megajoule).
(B) A manufacturer may elect to include any or all of its diesel HDE
families in any or all of the NOX and NOX plus
NMHC emissions ABT programs for HDEs, within the restrictions described
in Sec. 86.007-15 or Sec. 86.004-15. If the manufacturer elects to
include engine families in any of these programs, the NOX
FELs may not exceed the following FEL caps: 2.00 grams per brake
horsepower-hour (0.75 grams per megajoule) for model years before 2010;
0.50 grams per brake horsepower-hour (0.19 grams per megajoule) for
model years 2010 and later. This ceiling value applies whether credits
for the family are derived from averaging, banking, or trading programs.
(ii)(A) Non-Methane Hydrocarbons (NMHC) for engines fueled with
either diesel fuel, natural gas, or liquefied petroleum gas. 0.14 grams
per brake horsepower-hour (0.052 grams per megajoule).
(B) Non-Methane Hydrocarbon Equivalent (NMHCE) for engines fueled
with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per
megajoule).
(iii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour
(5.77 grams per megajoule).
(B) 0.50 percent of exhaust gas flow at curb idle (methanol-,
natural gas-, and liquefied petroleum gas-fueled diesel HDEs only). This
does not apply for vehicles certified to the requirements of Sec.
86.005-17
(iv) Particulate. (A) 0.01 grams per brake horsepower-hour (0.0037
grams per megajoule).
(B) A manufacturer may elect to include any or all of its diesel HDE
families in any or all of the particulate ABT programs for HDEs, within
the restrictions described in Sec. 86.007-15 or other applicable
sections. If the manufacturer elects to include engine families in any
of these programs, the particulate FEL may not exceed 0.02 grams per
brake horsepower-hour (0.0075 grams per megajoule).
[[Page 71]]
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(2) of appendix I to this part, and measured and calculated
in accordance with the procedures set forth in subpart N or P of this
part, except as noted in Sec. 86.007-23(c)(2).
(3) SET (i) The weighted average exhaust emissions, as determined
under Sec. 86.1360-2007(e)(5) pertaining to the supplemental emission
test cycle, for each regulated pollutant shall not exceed 1.0 times the
applicable emission standards or FELs specified in paragraph (a)(1) of
this section.
(ii) For engines not having a NOX FEL less than1.5 g/bhp-
hr, gaseous exhaust emissions shall not exceed the steady-state
interpolated values determined by the Maximum Allowable Emission Limits
(for the corresponding speed and load), as determined under Sec.
86.1360-2007(f), when the engine is operated in the steady-state control
area defined under Sec. 86.1360-2007(d).
(4) NTE (i)(A) The brake-specific exhaust NMHC or NOX
emissions in g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining
to the not-to-exceed test procedures, shall not exceed 1.5 times the
applicable NMHC or NOX emission standards or FELs specified
in paragraph (a)(1) of this section, during engine and vehicle operation
specified in paragraph (a)(4)(ii) of this section except as noted in
paragraph (a)(4)(iii) of this section.
(B) For engines not having a NOX FEL less than1.50 g/bhp-
hr, the brake-specific NOX and NMHC exhaust emissions in g/
bhp-hr, as determined under Sec. 86.1370-2007 pertaining to the not-to-
exceed test procedures, shall not exceed 1.25 times the applicable
emission standards or FELs specified in paragraph (a)(1) of this section
(or of Sec. 86.004-11, as allowed by paragraph (g) of this section),
during engine and vehicle operation specified in paragraph (a)(4)(ii) of
this section except as noted in paragraph (a)(4)(iii) of this section.
(C) The brake-specific exhaust PM emissions in g/bhp-hr, as
determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test
procedures, shall not exceed 1.5 times the applicable PM emission
standards or FEL (for FELs above the standard only) specified in
paragraph (a)(1) of this section, during engine and vehicle operation
specified in paragraph (a)(4)(ii) of this section except as noted in
paragraph (a)(4)(iii) of this section.
(D) The brake-specific exhaust CO emissions in g/bhp-hr, as
determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test
procedures, shall not exceed 1.25 times the applicable CO emission
standards or FEL specified in paragraph (a)(1) of this section, during
engine and vehicle operation specified in paragraph (a)(4)(ii) of this
section except as noted in paragraph (a)(4)(iii) of this section.
(ii) For each engine family, the not-to-exceed emission limits must
apply during one of the following two ambient operating regions:
(A) The not-to-exceed limits apply for all altitudes less than or
equal to 5,500 feet above sea-level, during all ambient conditions
(temperature and humidity). Temperature and humidity ranges for which
correction factors are allowed are specified in Sec. 86.1370-2007(e);
or
(B)(1) The not-to-exceed emission limits apply at all altitudes less
than or equal to 5,500 feet above sea-level, for temperatures less than
or equal to the temperature determined by the following equation at the
specified altitude:
T = -0.00254 x A + 100
Where:
T = ambient air temperature in degrees Fahrenheit.
A = altitude in feet above sea-level (A is negative for altitudes below
sea-level).
(2) Temperature and humidity ranges for which correction factors are
allowed are specified in Sec. 86.1370-2007(e);
(iii) For engines equipped with exhaust gas recirculation, the not-
to-exceed emission limits specified in paragraph (a)(4)(i) of this
section do not apply to engine or vehicle operation during cold
operating conditions as specified in Sec. 86.1370-2007(f).
(iv) Deficiencies for NTE emission standards. (A) For model years
2007 through 2009, upon application by the manufacturer, the
Administrator may accept a HDDE as compliant with the
[[Page 72]]
NTE standards even though specific requirements are not fully met. Such
compliances without meeting specific requirements, or deficiencies, will
be granted only if compliance would be infeasible or unreasonable
considering such factors as, but not limited to: Technical feasibility
of the given hardware and lead time and production cycles including
phase-in or phase-out of engines or vehicle designs and programmed
upgrades of computers. Deficiencies will be approved on a engine model
and/or horsepower rating basis within an engine family, and each
approval is applicable for a single model year. A manufacturer's
application must include a description of the auxiliary emission control
device(s) which will be used to maintain emissions to the lowest
practical level, considering the deficiency being requested, if
applicable. An application for a deficiency must be made during the
certification process; no deficiency will be granted to retroactively
cover engines already certified.
(B) Unmet requirements should not be carried over from the previous
model year except where unreasonable hardware or software modifications
would be necessary to correct the deficiency, and the manufacturer has
demonstrated an acceptable level of effort toward compliance as
determined by the Administrator. The NTE deficiency should only be seen
as an allowance for minor deviations from the NTE requirements. The NTE
deficiency provisions allow a manufacturer to apply for relief from the
NTE emission requirements under limited conditions. EPA expects that
manufacturers should have the necessary functioning emission control
hardware in place to comply with the NTE.
(C) For model years 2010 through 2013, the Administrator may allow
up to three deficiencies per engine family. The provisions of paragraphs
(a)(4)(iv)(A) and (B) of this section apply for deficiencies allowed by
this paragraph (a)(4)(iv)(C). In determining whether to allow the
additional deficiencies, the Administrator may consider any relevant
factors, including the factors identified in paragraph (a)(4)(iv)(A) of
this section. If additional deficiencies are approved, the Administrator
may set any additional conditions that he/she determines to be
appropriate.
(v) The emission limits specified in paragraphs (a)(3) and (a)(4) of
this section shall be rounded to the same number of significant figures
as the applicable standards in paragraph (a)(1) of this section using
ASTM E29-93a (Incorporated by reference at Sec. 86.1).
(b)(1) introductory text through (b)(1)(iii) [Reserved]. For
guidance see Sec. 86.004-11.
(b)(1)(iv) Operation within the NTE zone (defined in Sec. 86.1370-
2007) must comply with a filter smoke number of 1.0 under steady-state
operation, or the following alternate opacity limits:
(A) A 30 second transient test average opacity limit of 4% for a 5
inch path; and
(B) A 10 second steady state test average opacity limit of 4% for a
5 inch path.
(2)(i) The standards set forth in Sec. 86.004-11 (b)(1)(i)-(iii)
refer to exhaust smoke emissions generated under the conditions set
forth in subpart I of this part and measured and calculated in
accordance with those procedures.
(ii) The standards set forth in paragraph (b)(1)(iv) of this section
refer to exhaust smoke emissions generated under the conditions set
forth in Sec. 86.1370-2007 and calculated in accordance with the
procedures set forth in Sec. 86.1372-2007.
(b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.004-11.
(c) No crankcase emissions shall be discharged directly into the
ambient atmosphere from any new 2007 or later model year diesel HDE,
with the following exception: HDEs equipped with turbochargers, pumps,
blowers, or superchargers for air induction may discharge crankcase
emissions to the ambient atmosphere if the emissions are added to the
exhaust emissions (either physically or mathematically) during all
emission testing. Manufacturers taking advantage of this exception must
manufacture the engines so that all crankcase emission can be routed
into a dilution tunnel (or other sampling system approved in advance by
the Administrator), and must account
[[Page 73]]
for deterioration in crankcase emissions when determining exhaust
deterioration factors. For the purpose of this paragraph (c), crankcase
emissions that are routed to the exhaust upstream of exhaust
aftertreatment during all operation are not considered to be
``discharged directly into the ambient atmosphere.''
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart I or N of this part to ascertain that such test engines meet the
requirements of paragraphs (a), (b), (c), and (d) of this section.
(e) [Reserved]. For guidance see Sec. 86.004-11.
(f) (1) Model year 2007 and later diesel-fueled heavy-duty engines
and vehicles for sale in Guam, American Samoa, or the Commonwealth of
the Northern Mariana Islands shall be subject to the same standards and
requirements as apply to 2006 model year diesel heavy-duty engines and
vehicles, but only if the vehicle or engine bears a permanently affixed
label stating:
THIS ENGINE (or VEHICLE, as applicable) CONFORMS TO US EPA EMISSION
STANDARDS APPLICABLE TO MODEL YEAR 2006. THIS ENGINE (or VEHICLE, as
applicable) DOES NOT CONFORM TO US EPA EMISSION REQUIREMENTS IN EFFECT
AT TIME OF PRODUCTION AND MAY NOT BE IMPORTED INTO THE UNITED STATES OR
ANY TERRITORY OF THE UNITED STATES EXCEPT GUAM, AMERICAN SAMOA, OR THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(2) The importation or sale of such a vehicle or engine for use at
any location U.S. other than Guam, American Samoa, or the Commonwealth
of the Northern Mariana Islands shall be considered a violation of
section 203(a)(1) of the Clean Air Act. In addition, vehicles or vehicle
engines subject to this exemption may not subsequently be imported or
sold into any state or territory of the United States other than Guam,
American Samoa, or Commonwealth of the Northern Mariana Islands.
(g) Phase-in options. (1) For model years 2007, 2008, and 2009,
manufacturers may certify some of their engine families to the combined
NOX plus NMHC standard applicable to model year 2006 engines
under Sec. 86.004-11, in lieu of the separate NOX and NMHC
standards specified in paragraph (a)(1) of this section. These engines
must comply with all other requirements applicable to model year 2007
engines. The combined number of engines in the engine families certified
to the 2006 combined NOX plus NMHC standard may not exceed 50
percent of the manufacturer's U.S.-directed production of heavy-duty
diesel motor vehicle engines for model year 2007, 2008, or 2009, except
as explicitly allowed by this paragraph (g).
(2)(i) Manufacturers certifying engines to all of the applicable
standards listed in paragraph (a) and (c) of this section (without using
credits) prior to model year 2007 may reduce the number of engines that
are required to meet the standards listed in paragraph (a) of this
section in model year 2007, 2008 and/or 2009, taking into account the
phase-in option provided in paragraph (g)(1) of this section. For every
two engines that are certified early, the manufacturer may reduce the
number of engines that are required by paragraph (g)(1) of this section
to meet standards listed in paragraph (a)(1) of this section by three
engines. For example, if a manufacturer produces 100 heavy-duty diesel
engines in 2006 that meet all of the applicable standards listed in
paragraph (a) of this section, and it produced 10,000 heavy-duty diesel
engines in 2007, then only 4,850 ((10,000)(0.50) - (100)(1.5)) of the
engines would need to comply with the standards listed in paragraph (a)
of this section.
(ii) Manufacturers certifying engines to the PM standards listed in
paragraph (a), and to all of the applicable standards in paragraph (c)
of this section (without using credits) prior to model year 2007 may
reduce the number of engines that are required to meet the PM standard
listed in paragraph (a) of this section in model year 2007, 2008 and/or
2009. For every two engines that are certified to the PM standard early,
the manufacturer may reduce the number of engines that are otherwise
required to meet the PM
[[Page 74]]
standard listed in paragraph (a)(1) of this section by three engines.
(3) Manufacturers may initially base compliance with the phase-in
requirements of paragraph (g)(1) or (g)(2) of this section on projected
U.S.-directed production estimates. This is allowed for model year 2007
and/or 2008. However, if a manufacturer's actual U.S. directed
production volume of engines that comply with the model year 2007
NOX and NMHC standards is less than the required amount, the
shortfall (in terms of number of engines) must be made up prior to 2010.
For example, if a manufacturer plans in good faith to produce 50 percent
of its projected 10,000 2007 engines (i.e., 5,000 engines) in compliance
with the 2007 NOX and NMHC standard, but is only able to
produce 4,500 such engines of an actual 10,000 2007 engines, the
manufacturer would need to produce an extra 500 engines in 2008 or 2009
in compliance with the 2007 NOX and NMHC standard. The
deficit allowed by this paragraph (g)(3) may not exceed 25 percent of
the U.S. directed production volume.
(4) Manufacturers certifying engines to a voluntary NOX
standard of 0.10 g/bhp-hr (without using credits) in addition to all of
the other applicable standards listed in paragraphs (a) and (c) of this
section prior to model year 2007 may reduce the number of engines that
are required to meet the standards listed in paragraph (a)(1) of this
section in model year 2007, 2008 and/or 2009, taking into account the
phase-in option provided in paragraph (g)(1) of this section. For every
engine that is certified early under this provision, the manufacturer
may reduce the number of engines that are required by paragraph (g)(1)
of this section to meet the standards listed in paragraph (a)(1) of this
section by two engines.
(5) For engines certified under paragraph (g)(1) of this section to
the NOX+NMHC standard in Sec. 86.004-11, the standards or
FELs to which they are certified shall be used for the purposes of
paragraphs (a)(3) and (a)(4) of this section.
(h)(1) For model years prior to 2012, for purposes of determining
compliance after title or custody has transferred to the ultimate
purchaser, for engines having a NOX FEL no higher than 1.30
g/bhp-hr, the applicable compliance limit shall be determined by adding
the applicable adjustment from paragraph (h)(2) of this section to the
otherwise applicable standard or FEL for NOX.
(2)(i) For engines with 110,000 or fewer miles, the adjustment is
0.10 g/bhp-hr.
(ii) For engines with 110,001 to 185,000 miles, the adjustment is
0.15 g/bhp-hr.
(iii) For engines with 185,001 or more miles, the adjustment is 0.20
g/bhp-hr.
(3) For model years prior to 2012, for purposes of determining
compliance after title or custody has transferred to the ultimate
purchaser, the applicable compliance limit shall be determined by adding
0.01 g/bhp-hr to the otherwise applicable standard or FEL for PM.
[65 FR 59954, Oct. 6, 2000, as amended at 66 FR 5161, Jan. 18, 2001]
Sec. 86.007-15 NOX and particulate averaging, trading, and
banking for heavy-duty engines.
Section 86.007-15 includes text that specifies requirements that
differ from Sec. 86.004-15. Where a paragraph in Sec. 86.004-15 is
identical and applicable to Sec. 86.007-15, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.004-15.''
(a)-(l) [Reserved]. For guidance see Sec. 86.004-15.
(m) The following provisions apply for model year 2007 and later
engines (including engines certified during years 2007-2009 under the
phase-in provisions of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or
Sec. 86.008-10(f)(1)). These provisions apply instead of the provisions
of paragraphs Sec. 86.004-15 (a) through (k) to the extent that they
are in conflict.
(1) Manufacturers of Otto-cycle engines may participate in an NMHC
averaging, banking and trading program to show compliance with the
standards specified in Sec. 86.008-10. The generation and use of NMHC
credits are subject to the same provisions in paragraphs Sec. 86.004-15
(a) through (k) that apply for NOX plus NMHC credits, except
as otherwise specified in this section.
(2) Credits are calculated as NOX or NMHC credits for
engines certified to separate NOX and NMHC standards.
NOX plus NMHC credits (including
[[Page 75]]
banked credits and credits that are generated during years 2007-2009
under the phase-in provisions of Sec. 86.007-11(g)(1), Sec. 86.005-
10(a), or Sec. 86.008-10(f)(1)) may be used to show compliance with
2007 or later NOX standards ( NOX or NMHC
standards for Otto-cycle engines), subject to an 0.8 discount factor
(e.g., 100 grams of NOX plus NMHC credits is equivalent to 80
grams of NOX credits).
(3) NOX or NMHC (or NOX plus NMHC) credits may
be exchanged between heavy-duty Otto-cycle engine families certified to
the engine standards of this subpart and heavy-duty Otto-cycle engine
families certified to the chassis standards of subpart S of this part,
subject to an 0.8 discount factor (e.g., 100 grams of NOX (or
NOX plus NMHC) credits generated from engines would be
equivalent to 80 grams of NOX credits if they are used in the
vehicle program of subpart S, and vice versa).
(4) Credits that were previously discounted when they were banked
according to paragraph (c) of Sec. 86.004-15, are subject to an
additional discount factor of 0.888 instead of the 0.8 discount factor
otherwise required by paragraph (m)(2) or (m)(3) of this section. This
results in a total discount factor of 0.8 (0.9 x 0.888 = 0.8).
(5) For diesel engine families, the combined number of engines
certified to FELs higher than 0.50 g/bhp-hr using banked NOX
(and/or NOX plus NMHC) credits in any given model year may
not exceed 10 percent of the manufacturer's U.S.-directed production of
engines in all heavy-duty diesel engine families for that model year.
(6) The FEL must be expressed to the same number of decimal places
as the standard (generally, one-hundredth of a gram per brake
horsepower-hour). For engines certified to standards expressed only one-
tenth of a gram per brake horsepower-hour, if the FEL is below 1.0, then
add a zero to the standard in the second decimal place and express the
FEL to nearest one-hundredth of a gram per brake horsepower-hour.
(7) Credits are to be rounded to the nearest one-hundredth of a
Megagram using ASTM E29-93a (Incorporated by reference at Sec. 86.1).
(8) Credits generated for 2007 and later model year diesel engine
families, or generated for 2008 and later model year Otto-cycle engine
families are not discounted (except as specified in paragraph (m)(2) or
(m)(3) of this section), and do not expire.
(9) For the purpose of using or generating credits during a phase-in
of new standards, a manufacturer may elect to split an engine family
into two subfamilies (e.g., one which uses credits and one which
generates credits). The manufacturer must indicate in the application
for certification that the engine family is to be split, and may assign
the numbers and configurations of engines within the respective
subfamilies at any time prior to the submission of the end-of-year
report required by Sec. 86.001-23.
(i) Manufacturers certifying a split diesel engine family to both
the Phase 1 and Phase 2 standards with equally sized subfamilies may
exclude the engines within that split family from end-of-year
NOX (or NOX+NMHC) ABT calculations, provided that
neither subfamily generates credits for use by other engine families, or
uses banked credits, or uses averaging credits from other engine
families. All of the engines in that split family must be excluded from
the phase-in calculations of Sec. 86.007-11(g)(1) (both from the number
of engines complying with the standards being phased-in and from the
total number of U.S.-directed production engines.)
(ii) Manufacturers certifying a split Otto-cycle engine family to
both the Phase 1 and Phase 2 standards with equally sized subfamilies
may exclude the engines within that split family from end-of-year
NOX (or NOX+NMHC) ABT calculations, provided that
neither subfamily generates credits for use by other engine families, or
uses banked credits, or uses averaging credits from other engine
families. All of the engines in that split family must be excluded from
the phase-in calculations of Sec. 86.008-10(f)(1) (both from the number
of engines complying with the standards being phased-in and from the
total number of U.S.-directed production engines.)
[[Page 76]]
(iii) Manufacturers certifying a split engine family may label all
of the engines within that family with a single NOX or
NOX+NMHC FEL. The FEL on the label will apply for all SEA or
other compliance testing.
(iv) Notwithstanding the provisions of paragraph (m)(9)(iii) of this
section, for split families, the NOX FEL shall be used to
determine applicability of the provisions of Sec. 86.007-11(a)(3)(ii),
(a)(4)(i)(B), and (h)(1), and Sec. 86.008-10(g).
(10) For model years 2007 through 2009, to be consistent with the
phase-in provisions of Sec. 86.007-11(g)(1), credits generated from
engines in one diesel engine service class (e.g., light-heavy duty
diesel engines) may be used for averaging by engines in a different
diesel engine service class, provided the credits are calculated for
both engine families using the conversion factor and useful life of the
engine family using the credits, and the engine family using the credits
is certified to the standards listed in Sec. 86.007-11(a)(1). Banked or
traded credits may not be used by any engine family in a different
service class than the service class of the engine family generating the
credits.
[66 FR 5163, Jan. 18, 2001]
Sec. 86.007-21 Application for certification.
Section 86.007-21 includes text that specifies requirements that
differ from Sec. 86.004-21, 86.094-21 or 86.096-21. Where a paragraph
in Sec. 86.004-21, 86.094-21 or 86.096-21 is identical and applicable
to Sec. 86.007-21, this may be indicated by specifying the
corresponding paragraph and the statement ``[Reserved]. For guidance see
Sec. 86.004-21.'', ``[Reserved]. For guidance see Sec. 86.094-21.'',
or ``[Reserved]. For guidance see Sec. 86.096-21.''.
(a)-(b)(3) [Reserved]. For guidance see Sec. 86.094-21.
(b)(4)(i) [Reserved]. For guidance see Sec. 86.004-21.
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
(b)(5)(v)-(b)(6) [Reserved]. For guidance see Sec. 86.004-21.
(b)(7) and (b)(8) [Reserved]. For guidance see Sec. 86.094-21.
(b)(9) and (b)(10) [Reserved]. For guidance see Sec. 86.004-21.
(c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
(k) and (l) [Reserved]. For guidance see Sec. 86.096-21.
(m) and (n) [Reserved]. For guidance see Sec. 86.004-21.
(o) For diesel heavy-duty engines, the manufacturer must provide the
following additional information pertaining to the supplemental steady-
state test conducted under Sec. 86.1360-2007:
(1) Weighted brake-specific emissions data (i.e., in units of g/bhp-
hr), calculated according to Sec. 86.1360-2007(e)(5), for all
pollutants for which an emission standard is established in Sec.
86.004-11(a);
(2) Brake specific gaseous emission data for each of the 13 test
points (identified under Sec. 86.1360-2007(b)(1)) and the 3 EPA-
selected test points (identified under Sec. 86.1360-2007(b)(2));
(3) Concentrations and mass flow rates of all regulated gaseous
emissions plus carbon dioxide;
(4) Values of all emission-related engine control variables at each
test point;
(5) Weighted break-specific particulate matter (i.e., in units of g/
bhp-hr);
(6) A statement that the test results correspond to the maximum
NOX producing condition specified in Sec. 86.1360-
2007(e)(4). The manufacturer also must maintain records at the
manufacturer's facility which contain all test data, engineering
analyses, and other information which provides the basis for this
statement, where such information exists. The manufacturer must provide
such information to the Administrator upon request;
(7) A statement that the engines will comply with the weighted
average emissions standard and interpolated values comply with the
Maximum Allowable Emission Limits specified in Sec. 86.007-11(a)(3) for
the useful life of the engine. The manufacturer also must maintain
records at the manufacturer's facility which contain a detailed
description of all test data, engineering analyses, and other
information which provides the basis for this statement, where such
information exists. The manufacturer must provide such information to
the Administrator upon request.
[[Page 77]]
(p)(1) The manufacturer must provide a statement in the application
for certification that the diesel heavy-duty engine for which
certification is being requested will comply with the applicable Not-To-
Exceed Limits specified in Sec. 86.007-11(a)(4) when operated under all
conditions which may reasonably be expected to be encountered in normal
vehicle operation and use. The manufacturer also must maintain records
at the manufacturers facility which contain all test data, engineering
analyses, and other information which provides the basis for this
statement, where such information exists. The manufacturer must provide
such information to the Administrator upon request.
(2) For engines equipped with exhaust gas recirculation, the
manufacturer must provide a detailed description of the control system
the engine will use to comply with the requirements of Sec. 86.007-
11(a)(4)(iii) and Sec. 86.1370-2007(f) for NTE cold temperature
operating exclusion, including but not limited to the method the
manufacturer will use to access this exclusion during normal vehicle
operation.
(3) For each engine model and/or horsepower rating within an engine
family for which a manufacturer is applying for an NTE deficiency(ies)
under the provisions of Sec. 86.007-11(a)(4)(iv), the manufacturer's
application for an NTE deficiency(ies) must include a complete
description of the deficiency, including but not limited to: the
specific description of the deficiency; what pollutant the deficiency is
being applied for, all engineering efforts the manufacturer has made to
overcome the deficiency, what specific operating conditions the
deficiency is being requested for (i.e., temperature ranges, humidity
ranges, altitude ranges, etc.), a full description of the auxiliary
emission control device(s) which will be used to maintain emissions to
the lowest practical level; and what the lowest practical emission level
will be.
[65 FR 59954, Oct. 6, 2000]
Sec. 86.007-23 Required data.
Section 86.007-23 includes text that specifies requirements that
differ from Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23. Where
a paragraph in Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23 is
identical and applicable to Sec. 86.007-23, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.095-23.'', ``[Reserved]. For guidance see
Sec. 86.098-23.'', or ``[Reserved]. For guidance see Sec. 86.001-
23.''.
(a)-(b)(1) [Reserved]. For guidance see Sec. 86.098-23.
(b)(2) [Reserved]. For guidance see Sec. 86.001-23.
(b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.098-23.
(c) Emission data.--(1) Certification vehicles. The manufacturer
shall submit emission data (including, methane, methanol, formaldehyde,
and hydrocarbon equivalent, as applicable) on such vehicles tested in
accordance with applicable test procedures and in such numbers as
specified. These data shall include zero-mile data, if generated, and
emission data generated for certification as required under Sec.
86.000-26(a)(3). In lieu of providing emission data the Administrator
may, on request of the manufacturer, allow the manufacturer to
demonstrate (on the basis of previous emission tests, development tests,
or other information) that the engine will conform with certain
applicable emission standards of this part. Standards eligible for such
manufacturer requests are those for idle CO emissions, smoke emissions,
or particulate emissions from methanol-fueled or gaseous-fueled diesel-
cycle certification vehicles, those for particulate emissions from Otto-
cycle certification vehicles or gaseous-fueled vehicles, and those for
formaldehyde emissions from petroleum-fueled vehicles. Also eligible for
such requests are standards for total hydrocarbon emissions from model
year 1994 and later certification vehicles. By separate request,
including appropriate supporting test data, the manufacturer may request
that the Administrator also waive the requirement to measure particulate
or formaldehyde emissions when conducting Selective Enforcement Audit
testing of Otto-cycle vehicles.
(2) Certification engines. The manufacturer shall submit emission
data on such engines tested in accordance with applicable emission test
procedures of
[[Page 78]]
this subpart and in such numbers as specified. These data shall include
zero-hour data, if generated, and emission data generated for
certification as required under Sec. 86.000-26(c)(4). In lieu of
providing emission data on idle CO emissions or particulate emissions
from methanol-fueled or gaseous-fueled diesel-cycle certification
engines, on particulate emissions from Otto-cycle engines, or on CO
emissions from diesel-cycle certification engines, the Administrator
may, on request of the manufacturer, allow the manufacturer to
demonstrate (on the basis of previous emission tests, development tests,
or other information) that the engine will conform with the applicable
emission standards of this part. In lieu of providing emission data on
smoke emissions from methanol-fueled or petroleum-fueled diesel
certification engines, the Administrator may, on the request of the
manufacturer, allow the manufacturer to demonstrate (on the basis of
previous emission tests, development tests, or other information) that
the engine will conform with the applicable emissions standards of this
part. In lieu of providing emissions data on smoke emissions from
diesel-cycle engines when conducting Selective Enforcement Audit testing
under subpart K of this part, the Administrator may, on separate request
of the manufacturer, allow the manufacturer to demonstrate (on the basis
of previous emission tests, development tests, or other information)
that the engine will conform with the applicable smoke emissions
standards of this part .
(d)-(e)(1) [Reserved]. For guidance see Sec. 86.098-23.
(e)(2) and (e)(3) [Reserved]. For guidance see Sec. 86.001-23.
(f)-(g) [Reserved]. For guidance see Sec. 86.095-23.
(h)-(k) [Reserved]. For guidance see Sec. 86.098-23.
(l) [Reserved]. For guidance see Sec. 86.095-23.
(m) [Reserved]. For guidance see Sec. 86.098-23.
[66 FR 5164, Jan. 18, 2001]
Sec. 86.007-25 Maintenance.
Section 86.007-25 includes text that specifies requirements that
differ from Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25. Where
a paragraph in Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25 is
identical and applicable to Sec. 86.007-25, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.094-25.'', ``[Reserved]. For guidance see
Sec. 86.098-25.'', or ``[Reserved]. For guidance see Sec. 86.004-
25.''.
(a)-(a)(2) [Reserved]. For guidance see Sec. 86.004-25.
(b) introductory text through (b)(3)(ii) [Reserved]. For guidance
see Sec. 86.094-25.
(b)(3)(iii)-(b)(3)(v)(H) [Reserved]. For guidance see Sec. 86.004-
25.
(b)(3)(vi)(A)-(b)(3)(vi)(D) [Reserved]. For guidance see Sec.
86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec.
86.098-25.
(b)(4) introductory text through (b)(4)(iii)(C) [Reserved]. For
guidance see Sec. 86.004-25.
(b)(4)(iii)(D) Particulate trap or trap oxidizer systems including
related components (adjustment and cleaning only for filter element,
replacement of the filter element is not allowed during the useful
life).
(b)(4)(iii)(E) [Reserved]. For guidance see Sec. 86.004-25.
(F) Catalytic converter (adjustment and cleaning only for catalyst
beds, replacement of the bed is not allowed during the useful life).
(b)(4)(iii)(G)-(b)(6) [Reserved]. For guidance see Sec. 86.004-25.
(b)(7)-(h) [Reserved]. For guidance see Sec. 86.094-25.
(i) Notwithstanding the provisions of Sec. 86.004-25(b)(4)(iii)
introductory text through (b)(4)(iii)(C), paragraph (b)(4)(iii)(D) of
this section, Sec. 86.004-25(b)(4)(iii)(E), paragraph (b)(4)(iii)(F) of
this section, Sec. 86.004-25(b)(4)(iii)(G), and Sec. 86.004-25(b)(6),
manufacturers of heavy-duty engines may schedule replacement or repair
of particulate trap (or trap oxidizer) systems or catalytic converters
(including NOX adsorbers), provided:
(1) The manufacturer demonstrates to the Administrator's
satisfaction that the repair or replacement will be performed according
to the schedule; and
[[Page 79]]
(2) The manufacturer pays for the repair or replacement.
[66 FR 5164, Jan. 18, 2001]
Sec. 86.007-35 Labeling.
Section 86.007-35 includes text that specifies requirements that
differ from Sec. 86.095-35. Where a paragraph in Sec. 86.095-35 is
identical and applicable to Sec. 86.007-35, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.095-35.''.
(a) Introductory text through (a)(1)(iii)(L) [Reserved]. For
guidance see Sec. 86.095-35.
(a)(1)(iii)(M) [Reserved.]
(a)(1)(iii)(N)(1) For vehicles exempted from compliance with certain
revised performance warranty procedures, as specified in Sec. 86.096-
21(j), a statement indicating the specific performance warranty test(s)
of 40 CFR part 85, subpart W, not to be performed.
(2) For vehicles exempted from compliance with all revised
performance warranty procedures, as specified in Sec. 86.096-21(k), a
statement indicating:
(i) That none of the performance warranty tests of 40 CFR part 85,
subpart W, is to be performed; and
(ii) The name of the Administrator-approved alternative test
procedure to be performed.
(2) Light-duty truck and heavy-duty vehicles optionally certified in
accordance with the light-duty truck provisions.
(i) A legible, permanent label shall be affixed in a readily visible
position in the engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Important Vehicle Information;
(B) Full corporate name and trademark of the manufacturer;
(C) Engine displacement (in cubic inches or liters), engine family
identification, and evaporative/refueling family;
(a)(2)(iii)(D)-(a)(2)(iii)(E) [Reserved]. For guidance see Sec.
86.095-35.
(a)(2)(iii)(F) [Reserved]
(a)(2)(iii)(G)-(a)(2)(iii)(K) [Reserved]. For guidance see Sec.
86.095-35.
(a)(2)(iii)(L) [Reserved]
(a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see Sec.
86.095-35.
(a)(2)(iii)(O)(l) For vehicles exempted from compliance with certain
revised performance warranty procedures, as specified in Sec. 86.096-
21(j), a statement indicating the specific performance warranty test(s)
of 40 CFR part 85, subpart W, not to be performed.
(2) For vehicles exempted from compliance with all revised
performance warranty procedures, as specified in Sec. 86.096-21(k), a
statement indicating:
(i) That none of the performance warranty tests of 40 CFR part 85,
subpart W, is to be performed, and
(ii) The name of the Administrator-approved alternative test
procedure to be performed.
(a)(3) heading through (b) [Reserved]. For guidance see Sec.
86.095-35.
(c) Model year 2007 and later diesel-fueled vehicles must include
permanent readily visible labels on the dashboard (or instrument panel)
and near all fuel inlets that state ``Use Low-Sulfur Diesel Fuel Only''
or ``Low-Sulfur Diesel Fuel Only''.
(d)-(i) [Reserved]. For guidance see Sec. 86.095-35.
[66 FR 5165, Jan. 18, 2001]
Effective Date Note: At 69 FR 39212, June 29, 2004, Sec. 86.007-35
was amended by revising paragraph (c) effective August 30, 2004. For the
convenience of the user, the revised text is set forth as follows:
Sec. 86.007-35 Labeling.
* * * * *
(c) Model year 2007 and later diesel-fueled vehicles must include
permanent readily visible labels on the dashboard (or instrument panel)
and near all fuel inlets that state ``Use Ultra Low Sulfur Diesel Fuel
Only'' or ``Ultra Low Sulfur Diesel Fuel Only''.
* * * * *
[[Page 80]]
Sec. 86.007-38 Maintenance instructions.
This section includes text that specifies requirements that differ
from those specified in Sec. 86.096-38 or Sec. 86.004-38. Where a
paragraph in Sec. 86.096-38 or Sec. 86.004-38 is identifical and
applicable to Sec. 86.007-38, this may be indicated by specifying the
corresponding paragraph and the statement ``[Reserved]. For guidance see
Sec. 86.096-38., or [Reserved]. For guidance see Sec. 86.004-38.''.
(a)-(f) [Reserved]. For guidance see Sec. 86.004-38.
(g) [Reserved]. For guidance see Sec. 86.096-38. For incorporation
by reference see Sec. Sec. 86.1 and 86.096-38.
(h) [Reserved]. For guidance see Sec. 86.004-38.
(i) For each new diesel-fueled engine subject to the standards
prescribed in Sec. 86.007-11, as applicable, the manufacturer shall
furnish or cause to be furnished to the ultimate purchaser a statement
that ``This engine must be operated only with low sulfur diesel fuel
(that is, diesel fuel meeting EPA specifications for highway diesel
fuel, including a 15 ppm sulfur cap).''
[66 FR 5165, Jan. 18, 2001, as amended at 68 FR 38455, June 27, 2003]
Effective Date Note: At 69 FR 39212, June 29, 2004, Sec. 86.007-38
was amended by revising paragraph (i) effective August 30, 2004. For the
convenience of the user, the revised text is set forth as follows:
Sec. 86.007-38 Maintenance instructions.
* * * * *
(i) For each new diesel-fueled engine subject to the standards
prescribed in Sec. 86.007-11, as applicable, the manufacturer shall
furnish or cause to be furnished to the ultimate purchaser a statement
that ``This engine must be operated only with ultra low-sulfur diesel
fuel (meeting EPA specifications for highway diesel fuel, including a 15
ppm sulfur cap).''
Sec. 86.008-10 Emission standards for 2008 and later model year Otto-cycle
heavy-duty engines and vehicles.
Section 86.008-10 includes text that specifies requirements that
differ from Sec. 86.098-10, Sec. 86.099-10, Sec. 86.005-10. Where a
paragraph in Sec. 86.098-10, Sec. 86.099-10, or Sec. 86.005-10 is
identical and applicable to Sec. 86.008-10, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.098-10.'', ``[Reserved]. For guidance see
Sec. 86.099-10.'', or ``[Reserved]. For guidance see Sec. 86.005-
10.''.
(a)(1) Exhaust emissions from new 2008 and later model year Otto-
cycle HDEs shall not exceed:
(i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NOX + NMHC)
for engines fueled with either gasoline, natural gas, or liquefied
petroleum gas. 1.0 grams per brake horsepower-hour (0.37 grams per
megajoule).
(B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NOX
+ NMHCE) for engines fueled with methanol. 1.0 grams per brake
horsepower-hour (0.37 grams per megajoule).
(a)(1)(i)(C)-(a)(3)(ii) [Reserved]. For guidance see Sec. 86.005-
10.
(4) [Reserved]
(b) [Reserved]. For guidance see Sec. 86.099-10.
(c) [Reserved]. For guidance see Sec. 86.098-10.
(d) [Reserved]. For guidance see Sec. 86.005-10.
(e) [Reserved]. For guidance see Sec. 86.099-10.
(f) [Reserved]
[65 FR 59955, Oct. 6, 2000]
Editorial Note: At 66 FR 5165, Jan. 18, 2001, Sec. 86.008-10 was
added. However, Sec. 86.008-10 already existed. For the convenience of
the user, the second Sec. 86.008-10 is set forth as follows:
Sec. 86.008-10 Emission standards for 2008 and later model year Otto-
cycle heavy-duty engines and vehicles.
Section 86.008-10 includes text that specifies requirements that
differ from Sec. 86.099-10. Where a paragraph in Sec. 86.099-10 is
identical and applicable to Sec. 86.008-10, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.099-10.''.
(a)(1) Exhaust emissions from new 2008 and later model year Otto-
cycle HDEs shall not exceed:
(i)(A) Oxides of Nitrogen (NOX). 0.20 grams per brake horsepower-
hour (0.075 grams per megajoule).
(B) A manufacturer may elect to include any or all of its Otto-cycle
HDE families in any or all of the NOX and NOX plus
NMHC emissions ABT programs for HDEs, within the restrictions described
in Sec. 86.008-15 or Sec. 86.004-15. If the manufacturer elects to
include engine families in any of these programs, the NOX FEL
may not exceed 0.50 grams per brake horsepower-hour (0.26 grams
[[Page 81]]
per megajoule). This ceiling value applies whether credits for the
family are derived from averaging, banking, or trading programs. The
NOX FEL cap is 0.80 for model years before 2011 for
manufacturers choosing to certify to the 1.5 g/bhp-hr
NOX+NMHC standard in 2003 or 2004, in accordance with Sec.
86.005-10(f).
(ii)(A) Non-methane Hydrocarbons (NMHC) for engines fueled with
either gasoline, natural gas, or liquefied petroleum gas. 0.14 grams per
brake horsepower-hour (0.052grams per megajoule).
(B) Non-methane Hydrocarbon Equivalent (NMHCE) for engines fueled
with methanol. 0.14 grams per brake horsepower-hour (0.052grams per
megajoule).
(C) A manufacturer may elect to include any or all of its Otto-cycle
HDE families in any or all of the NMHC emissions ABT programs for HDEs,
within the restrictions described in Sec. 86.008-15 or Sec. 86.004-15.
If the manufacturer elects to include engine families in any of these
programs, the NMHC FEL may not exceed 0.30 grams per brake horsepower-
hour. This ceiling value applies whether credits for the family are
derived from averaging, banking, or trading programs. The NMHC FEL cap
is 0.40 for model years before 2011 for manufacturers choosing to
certify to the 1.5 g/bhp-hr NOX+NMHC in 2004, as allowed in
Sec. 86.005-10.
(iii)(A) Carbon monoxide. 14.4 grams per brake horsepower-hour (5.36
grams per megajoule).
(B) Idle Carbon Monoxide. For all Otto-cycle HDEs utilizing
aftertreatment technology, and not certified to the onboard diagnostics
requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at
curb idle.
(iv) Particulate. 0.01grams per brake horsepower-hour (0.0037grams
per megajoule).
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(1) of appendix I to this part, and measured and calculated
in accordance with the procedures set forth in subpart N or P of this
part.
(3)-(4) [Reserved]
(b) Evaporative emissions from heavy-duty vehicles shall not exceed
the following standards. The standards apply equally to certification
and in-use vehicles. The spitback standard also applies to newly
assembled vehicles. For certification vehicles only, manufacturers may
conduct testing to quantify a level of nonfuel background emissions for
an individual test vehicle. Such a demonstration must include a
description of the source(s) of emissions and an estimated decay rate.
The demonstrated level of nonfuel background emissions may be subtracted
from emission test results from certification vehicles if approved in
advance by the Administrator.
(1) Hydrocarbons (for vehicles equipped with gasoline-fueled,
natural gas-fueled or liquefied petroleum gas-fueled engines).
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
lbs:
(A)(1) For the full three-diurnal test sequence described in Sec.
86.1230-96, diurnal plus hot soak measurements: 1.4 grams per test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled
vehicles only): 1.75 grams per test.
(B) Running loss test (gasoline-fueled vehicles only): 0.05 grams
per mile.
(C) Fuel dispensing spitback test (gasoline-fueled vehicles only):
1.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs:
(A)(1) For the full three-diurnal test sequence described in Sec.
86.1230-96, diurnal plus hot soak measurements: 1.9 grams per test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled
vehicles only): 2.3 grams per test.
(B) Running loss test (gasoline-fueled vehicles only): 0.05 grams
per mile.
(2) Total Hydrocarbon Equivalent (for vehicles equipped with
methanol-fueled engines).
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
lbs:
(A)(1) For the full three-diurnal test sequence described in Sec.
86.1230-96, diurnal plus hot soak measurements: 1.4 grams carbon per
test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 1.75 grams carbon
per test.
(B) Running loss test: 0.05 grams carbon per mile.
(C) Fuel dispensing spitback test: 1.0 grams carbon per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs:
(A)(1) For the full three-diurnal test sequence described in Sec.
86.1230-96, diurnal plus hot soak measurements: 1.9 grams carbon per
test.
(2) For the supplemental two-diurnal test sequence described in
Sec. 86.1230-96, diurnal plus hot soak measurements: 2.3 grams carbon
per test.
(B) Running loss test: 0.05 grams carbon per mile.
(3)(i) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of
this section refer to a composite sample of evaporative emissions
collected under the conditions and measured in accordance with the
procedures set forth in subpart M of this part.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
26,000 lbs., the standards set forth in paragraphs (b)(1)(ii)
[[Page 82]]
and (b)(2)(ii) of this section refer to the manufacturer's engineering
design evaluation using good engineering practice (a statement of which
is required in Sec. 86.098-23(b)(4)(ii)).
(4) All fuel vapor generated in a gasoline- or methanol-fueled
heavy-duty vehicle during in-use operations shall be routed exclusively
to the evaporative control system (e.g., either canister or engine
purge). The only exception to this requirement shall be for emergencies.
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any new 2008 or later model year Otto-cycle HDE.
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart N or P of this part to ascertain that such test engines meet the
requirements of this section.
(e) [Reserved]. For guidance see Sec. 86.099-10.
(f) Phase-in options. (1)(i) For model year 2008, manufacturers may
certify some of their engine families to the exhaust standards
applicable to model year 2007 engines under Sec. 86.005-10, in lieu of
the exhaust standards specified in this section. These engines must
comply with all other requirements applicable to model year 2008
engines, except as allowed by paragraph (f)(1)(ii) of this section. The
combined number of engines in the engine families certified to the 2007
combined NOX plus NMHC standard may not exceed 50 percent of
the manufacturer's U.S.-directed production of heavy-duty Otto-cycle
motor vehicle engines for model year 2008, except as explicitly allowed
by paragraph (f)(2) of this section.
(ii) For model year 2008, manufacturers may certify some of their
engine families to the evaporative standards applicable to model year
2007 engines under Sec. 86.005-10, in lieu of the standards specified
in this section. These engines must comply with all other requirements
applicable to model year 2008 engines, except as allowed by paragraph
(f)(1)(i) of this section. The combined number of engines in the engine
families certified to the 2007 standards may not exceed 50 percent of
the manufacturer's U.S.-directed production of heavy-duty Otto-cycle
motor vehicle engines for model year 2008.
(2)(i) Manufacturers certifying engines to all of the applicable
exhaust standards listed in paragraph (a) of this section prior to model
year 2008 (without using credits) may reduce the number of engines that
are required to meet the NOX and NMHC exhaust standards
listed in paragraph (a) of this section in model year 2008 and/or 2009,
taking into account the phase-in option provided in paragraph (f)(1) of
this section. For every engine that is certified early, the manufacturer
may reduce the number of engines that are required by paragraph (f)(1)
of this section to meet the NOX and NMHC standards listed in
paragraph (a) of this section by one engine. For example, if a
manufacturer produces 100 heavy-duty Otto-cycle engines in 2007 that
meet all of the applicable standards listed in paragraph (a) of this
section, and it produced 10,000 heavy-duty Otto-cycle engines in 2009,
then only 9,900 of the engines would need to comply with the
NOX and NMHC standards listed in paragraph (a) of this
section.
(ii) Manufacturers certifying engines to all of the applicable
evaporative standards listed in paragraph (b) of this section prior to
model year 2008 may reduce the number of engines that are required to
meet the evaporative standards listed in paragraph (a) of this section
in model year 2008 and/or 2009, taking into account the phase-in option
provided in paragraph (f)(1) of this section. For every engine that is
certified early, the manufacturer may reduce the number of engines that
are required by paragraph (f)(1) of this section to meet evaporative
standards listed in paragraph (b) of this section by one engine.
(3) Manufacturers certifying engines to a voluntary NOX
standard of 0.10 g/bhp-hr (without using credits) in addition to all of
the applicable standards listed in paragraphs (a) and (b) of this
section prior to model year 2008 may reduce the number of engines that
are required to meet the NOX and NMHC standards listed in
paragraph (a) of this section in model year 2008 and/or 2009, taking
into account the phase-in option provided in paragraph (f)(1) of this
section. For such every engine that is certified early, the manufacturer
may reduce the number of engines that are required by paragraph (f)(1)
of this section to meet the NOX and NMHC standards listed in
paragraph (a) of this section by two engines.
(g) For model years prior to 2012, for purposes of determining
compliance after title or custody has transferred to the ultimate
purchaser, for engines having a NOX FEL no higher than 0.50
g/bhp-hr, the applicable compliance limits for NOX and NMHC
shall be determined by adding 0.10 g/bhp-hr to the otherwise applicable
standards or FELs for NOX and NMHC.
Sec. 86.078-3 Abbreviations.
(a) The abbreviations in this section apply to this subpart and also
to subparts B, D, H, I, J, N, O and P of this part and have the
following meanings:
accel.--acceleration.
AECD--Auxiliary emission control device.
API--American Petroleum Institute.
ASTM--American Society for Testing and Materials.
BHP--Brake horsepower.
[[Page 83]]
BSCO--Brake specific carbon monoxide.
BSHC--Brake specific hydrocarbons.
BSNOX--Brake specific oxides of nitrogen.
C--Celsius.
cfh--cubic feet per hour.
CFV--Critical flow venturi.
CFV-CVS--Critical flow venturi--constant volume sampler.
CL--Chemiluminescence.
CO2--carbon dioxide.
CO--Carbon monoxide.
conc.--concentration.
cfm--cubic feet per minute.
CT--Closed throttle.
cu. in.--cubic inch(es).
CVS--Constant volume sampler.
decel.--deceleration.
EP--End point.
evap.--evaporative.
F--Fahrenheit.
FID--Flame ionization detector.
FL--Full load.
ft.--feet.
g--gram(s).
gal.--U.S. gallon(s).
GVW--Gross vehicle weight.
GVWR--Gross vehicle weight rating.
h--hour(s).
H2O--water.
HC--hydrocarbon(s).
HFID--Heated flame ionization detector.
Hg--mercury.
hi--high.
hp.--horsepower.
IBP--Initial boiling point.
ID--Internal diameter.
in.--inch(es).
K--kelvin.
kg--kilogram(s).
km--kilometer(s).
kPa--kilopascal(s).
lb.--pound(s).
lb.-ft.--pound-feet.
m--meter(s).
max.--maximum.
mg--milligram(s).
mi.--mile(s).
min.--minute(s).
ml--milliliter(s).
mm--millimeter(s).
mph--miles per hour.
mv--millivolt(s).
N2--nitrogen.
NDIR--Nondispersive infrared.
NO--nitric oxide.
NO2--nitrogen dioxide.
NOX--oxides of nitrogen.
No.--Number.
O2--oxygen.
Pb--lead.
pct.--percent.
PDP-CVS--Positive displacement pump--constant volume sampler.
ppm--parts per million by volume.
ppm C--parts per million, carbon.
psi--pounds per square inch.
psig--pounds per square inch gauge.
PTA--Part throttle acceleration.
PTD--Part throttle deceleration.
R--Rankin.
rpm--revolutions per minute.
RVP--Reid vapor pressure.
s--second(s).
SAE--Society of Automotive Engineers.
SI--International system of units.
sp.--speed.
TEL--Tetraethyl lead.
TML--Tetramethyl lead.
UDDS--Urban dynamometer driving schedule.
V--volt(s).
vs--versus.
W--watt(s).
WF--Weighting factor.
WOT--Wide open throttle.
wt.--weight.
[foot]--feet.
--inch(es).
[deg]--degree(s).
[sum]--summation.
[42 FR 32907, June 28, 1977, as amended at 45 FR 4149, Jan. 21, 1980]
Sec. 86.078-6 Hearings on certification.
(a)(1) After granting a request for a hearing under Sec. 86.084-22,
Sec. 86.084-30(b), or Sec. 86.084-30(c), the Administrator shall
designate a Presiding Officer for the hearing.
(2) The General Counsel will represent the Environmental Protection
Agency in any hearing under this section.
(3) If a time and place for the hearing have not been fixed by the
Administrator under Sec. 86.084.22, Sec. 86.084-30(b), or Sec.
86.084-30(c), the hearing shall be held as soon as practicable at a time
and place fixed by the Administrator or by the Presiding Officer.
(4) In the case of any hearing requested pursuant to Sec. 86.078-
30(c)(5)(i), the Administrator may in his discretion direct that all
argument and presentation of evidence be concluded within such fixed
period not less than 30 days as he may establish from the date that the
first written offer of a hearing is made to the manufacturer. To
expedite proceedings, the Administrator may direct that the decision of
the Presiding Officer (who may, but need not be the Administrator
himself) shall be the final EPA decision.
(b)(1) Upon his appointment pursuant to paragraph (a) of this
section, the Presiding Officer will establish a hearing file. The file
shall consist of the notice issued by the Administrator under
[[Page 84]]
Sec. 86.084-22, Sec. 86.084-30(b), or Sec. 86.084-30(c) together with
any accompanying material, the request for a hearing and the supporting
data submitted therewith, and all documents relating to the request for
certification and all documents submitted therewith, and correspondence
and other data material to the hearing.
(2) The hearing file will be available for inspection by the
applicant at the office of the Presiding Officer.
(c) An applicant may appear in person, or may be represented by
counsel or by any other duly authorized representative.
(d)(1) The Presiding Officer upon the request of any party, or in
his discretion, may arrange for a prehearing conference at a time and
place specified by him to consider the following:
(i) Simplification of the issues;
(ii) Stipulations, admissions of fact, and the introduction of
documents;
(iii) Limitation of the number of expert witnesses;
(iv) Possibility of agreement disposing of all or any of the issues
in dispute;
(v) Such other matters as may aid in the disposition of the hearing,
including such additional tests as may be agreed upon by the parties.
(2) The results of the conference shall be reduced to writing by the
Presiding Officer and made part of the record.
(e)(1) Hearings shall be conducted by the Presiding Officer in an
informal but orderly and expeditious manner. The parties may offer oral
or written evidence, subject to the exclusion by the Presiding Officer
of irrelevant, immaterial and repetitious evidence.
(2) Witnesses will not be required to testify under oath. However,
the Presiding Officer shall call to the attention of witnesses that
their statements may be subject to the provisions of title 18 U.S.C.
1001 which imposes penalties for knowingly making false statements or
representations, or using false documents in any matter within the
jurisdiction of any department or agency of the United States.
(3) Any witness may be examined or cross-examined by the Presiding
Officer, the parties, or their representatives.
(4) Hearings shall be reported verbatim. Copies of transcripts of
proceedings may be purchased by the applicant from the reporter.
(5) All written statements, charts, tabulations, and similar data
offered in evidence at the hearings shall, upon a showing satisfactory
to the Presiding Officer of their authenticity, relevancy, and
materiality, be received in evidence and shall constitute a part of the
record.
(6) Oral argument may be permitted in the discretion of the
Presiding Officer and shall be reported as part of the record unless
otherwise ordered by him.
(f)(1) The Presiding Officer shall make an initial decision which
shall include written findings and conclusions and the reasons or basis
therefor on all the material issues of fact, law, or discretion
presented on the record. The findings, conclusions, and written decision
shall be provided to the parties and made a part of the record. The
initial decision shall become the decision of the Administrator without
further proceedings unless there is an appeal to the Administrator or
motion for review by the Administrator within 20 days of the date the
initial decision was filed.
(2) On appeal from or review of the initial decision the
Administrator shall have all the powers which he would have in making
the initial decision including the discretion to require or allow
briefs, oral argument, the taking of additional evidence or the
remanding to the Presiding Officer for additional proceedings. The
decision by the Administrator shall include written findings and
conclusions and the reasons or basis therefor on all the material issues
of fact, law, or discretion presented on the appeal or considered in the
review.
[42 FR 32907, June 28, 1977, as amended at 49 FR 48479, Dec. 12, 1984]
Sec. 86.079-31 Separate certification.
Where possible a manufacturer should include in a single application
for certification all vehicles (or engines) for which certification is
required. A manufacturer may, however, choose to apply separately for
certification of part of his product line. The
[[Page 85]]
selection of test vehicles (or test engines) and the computation of test
results will be determined separately for each application.
[42 FR 45149, Sept. 8, 1977]
Sec. 86.079-32 Addition of a vehicle or engine after certification.
(a) If a manufacturer proposes to add to his product line a vehicle
(or engine) of the same engine-system combination as vehicles (or
engines) previously certified but which was not described in the
application for certification when the test vehicle(s) (or test
engine(s)) representing other vehicles (or engines) of that combination
was certified, he shall notify the Administrator. Such notification
shall be in advance of the addition unless the manufacturer elects to
follow the procedure described in Sec. 86.079-34. This notification
shall include a full description of the vehicle (or engine) to be added.
(b) The Administrator may require the manufacturer to perform such
tests on the test vehicle(s) (or test engine(s)) representing the
vehicle (or engine) to be added which would have been required if the
vehicle (or engine) had been included in the original application for
certification.
(c) If, after a review of the test reports and data submitted by the
manufacturer, and data derived from any testing conducted under Sec.
86.079-29, the Administrator determines that the test vehicle(s) or test
engine(s) meets all applicable standards, the appropriate certificate
will be amended accordingly. If the Administrator determines that the
test vehicle(s) (or test engine(s)) does not meet applicable standards,
he will proceed under Sec. 86.079-30(b).
[42 FR 45149, Sept. 8, 1977]
Sec. 86.079-33 Changes to a vehicle or engine covered by certification.
(a) The manufacturer shall notify the Administrator of any change in
production vehicles (or production engines) in respect to any of the
parameters listed in Sec. 86.079-24(a)(3), Sec. 86.079-24(b)(1)(iii),
Sec. 86.079-24(b)(2) (iii) or Sec. 86.079-24(b)(3)(iii) as applicable,
giving a full description of the change. Such notification shall be in
advance of the change unless the manufacturer elects to follow the
procedure described in Sec. 86.079-34.
(b) Based upon the description of the change, and data derived from
such testing as the Administrator may require or conduct. The
Administrator will determine whether the vehicle (or engine), as
modified, would still be covered by the certificate of conformity then
in effect.
(c) If the Administrator determines that the outstanding certificate
would cover the modified vehicles (or engines) he will notify the
manufacturer in writing. Except as provided in Sec. 86.079-34 the
change may not be put into effect prior to the manufacturer's receiving
this notification. If the Administrator determines that the modified
vehicles (or engines) would not be covered by the certificate then in
effect, the modified vehicles (or engines) shall be treated as additions
to the product line subject to Sec. 86.079-32.
[42 FR 45149, Sept. 8, 1977]
Sec. 86.079-36 Submission of vehicle identification numbers.
(a) Upon request of the Administrator, the manufacturer of any
light-duty vehicle or light-duty truck covered by a certificate of
conformity shall, within 30 days, identify by vehicle identification
number, the vehicle(s) covered by the certificate of conformity.
(b) The manufacturer of any light-duty vehicle or light-duty truck
covered by a certificate of conformity shall provide to the
Administrator, within 60 days of the issuance of a certificate of
conformity, an explanation of the elements in any vehicle identification
coding system in sufficient detail to enable the Administrator to
identify those vehicles which are covered by a certificate of
conformity.
[43 FR 52920, Nov. 14, 1978]
Sec. 86.079-39 Submission of maintenance instructions.
(a) The manufacturer shall provide to the Administrator, no later
than the time of the submission required by Sec. 86.079-23, a copy of
the maintenance instructions which the manufacturer
[[Page 86]]
proposes to supply to the ultimate purchaser in accordance with Sec.
86.079-38(a). The Administrator will review such instructions to
determine whether they are reasonable and necessary to assure the proper
functioning of the vehicle's (or engine's) emission control systems. The
Administrator will notify the manufacturer of his determination whether
such instructions are reasonable and necessary to assure the proper
functioning of the emission control systems.
(b) Any revision to the maintenance instructions which will affect
emissions shall be supplied to the Administrator at least 30 days before
being supplied to the ultimate purchaser unless the Administrator
consents to a lesser period of time.
[42 FR 45151, Sept. 8, 1977]
Sec. 86.080-12 Alternative certification procedures.
(a)(1) The Administrator will determine which of the following
certification procedures (paragraph (a)(3) or (a)(4) of this section)
may be used to demonstrate compliance for each heavy-duty engine, light-
duty vehicle, and light-duty truck engine family for which certification
is sought.
(2) The families selected for the procedure described in paragraph
(a)(3) of this section will be subject to this procedure at the option
of the manufacturer.
(3) The following provisions apply to those heavy-duty engine,
light-duty vehicle, and light-duty truck engine families which the
Administrator has specified may be subject to the abbreviated
certification review procedure.
(i) The manufacturer shall satisfy all applicable requirements of
part 86 necessary to demonstrate compliance with the applicable
standards for each class of new motor vehicles or new motor vehicle
engines for which certification is sought.
(ii) As specifically allowed by the Administrator, the manufacturer
shall assume the responsibility for part or all of the decisions
applicable to the family for which certification is sought and which are
within the jurisdiction of the Administrator, with the exception that
the Administrator will determine whether a test vehicle, or test engine,
has met the applicable emission standards.
(iii) The manufacturer shall maintain, update, and correct all
records and information required.
(iv) The Administrator may review a manufacturer's records at any
time. At the Administrator's discretion, this review may take place
either at the manufacturer's facility or at another facility designated
by the Administrator.
(v) At the Administrator's request, the manufacturer shall notify
the Administrator of the status of the certification program including
projected schedules of those significant accomplishments specified by
the Administrator.
(vi) The manufacturer shall permit the Administrator to inspect any
facilities, records, and vehicles from which data are obtained under the
abbreviated certification review procedure.
(vii) Upon completing all applicable requirements of part 86, the
manufacturer shall submit a separate application for a certificate of
conformity for each set of standards and each class of new motor
vehicles or new motor vehicle engines for which certification is sought.
Such application shall be made in writing to the Administrator by the
manufacturer.
(A) The Administrator may approve or disapprove, in whole or in
part, an application for certification according to the procedures
specified in Sec. 86.080-22(b).
(B) If, after a review of the application for certification, test
reports and data submitted by the manufacturer, data obtained during an
inspection, and any other pertinent data or information, the
Administrator determines that a test vehicle(s) or test engine(s) has
not met the requirements of the Act and the applicable subpart, he will
notify the manufacturer in writing and set forth the reason(s) for the
determination as specified in Sec. 86.080-22(c).
(4) Those families which are to be subjected to the complete EPA
review procedure will follow the procedures specified in this subpart
with the exception of Sec. 86.080-12(a)(3).
(b) The manufacturer may request that an engine family be subject to
the
[[Page 87]]
abbreviated certification review procedure.
(c) The Administrator may require that an engine family previously
allowed to be subject to the abbreviated certification review procedure
be transferred to the complete review procedure.
[45 FR 26045, Apr. 17, 1980]
Sec. 86.082-2 Definitions.
(a) The definitions of this section apply to this subpart and also
to subparts B, D, I, and R of this part.
(b) As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act:
Accuracy means the difference between a measurement and true value.
Act means part A of title II of the Clean Air Act, 42 U.S.C. as
amended, 7521, et seq.
Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
Auxiliary Emission Control Device (AECD) means any element of design
which senses temperature, vehicle speed, engine RPM, transmission gear,
manifold vacuum, or any other parameter for the purpose of activating,
modulating, delaying, or deactivating the operation of any part of the
emission control system.
Basic engine means a unique combination of manufacturer, engine
displacement, number of cylinders, fuel system (as distinguished by
number of carburetor barrels or use of fuel injection), catalyst usage,
and other engine and emission control system characteristics specified
by the Administrator.
Basic vehicle frontal area means the area enclosed by the geometric
projection of the basic vehicle along the longitudinal axis, which
includes tires but excludes mirrors and air deflectors, onto a plane
perpendicular to the longitudinal axis of the vehicle.
Body style means a level of commonality in vehicle construction as
defined by number of doors and roof treatment (e.g., sedan, convertible,
fastback, hatchback).
Body type means a name denoting a group of vehicles that are either
in the same car line or in different car lines provided the only reason
the vehicles qualify to be considered in different car lines is that
they are produced by a separate division of a single manufacturer.
Calibrating gas means a gas of known concentration which is used to
establish the response curve of an analyzer.
Calibration means the set of specifications, including tolerances,
unique to a particular design, version, or application of a component or
components assembly capable of functionally describing its operation
over its working range.
Car line means a name denoting a group of vehicles within a make or
car division which has a degree of commonality in construction (e.g.,
body, chassis). Car line does not consider any level of decor or
opulence and is not generally distinguished by characteristics as
roofline, number of doors, seats, or windows except for station wagons
or light-duty trucks. Station wagons and light-duty trucks are
considered to be different car lines than passenger cars.
Configuration means a subclassifica tion of an engine-system
combination on the basis of engine code, inertia weight class,
transmission type and gear ratios, final drive ratio, and other
parameters which may be designated by the Administrator.
Crankcase emissions means airborne substances emitted to the
atmosphere from any portion of the engine crankcase ventilation or
lubrication systems.
Curb-idle for manual transmission code heavy-duty engines means the
manufacturer's recommended engine speed with the transmission in neutral
or with the clutch disengaged. For automatic transmission code heavy-
duty engines, curb-idle means the manufacturer's recommended engine
speed with the automatic transmission in gear and the output shaft
stalled.
Defeat Device means an AECD that reduces the effectiveness of the
emission control system under conditions which may reasonably be
expected to be encountered in normal urban vehicle operation and use,
unless (1) such conditions are substantially included in the Federal
emission test procedure, (2) the need for the AECD is justified in terms
[[Page 88]]
of protecting the vehicle against damage or accident, or (3) the AECD
does not go beyond the requirements of engine starting.
Diurnal breathing losses means evaporative emissions as a result of
the daily range in temperature.
Drive train configuration means a unique combination of engine code,
transmission configuration, and axle ratio.
Dynamometer-idle for automatic transmission code heavy-duty engines
means the manufacturer's recommended engine speed without a transmission
that simulates the recommended engine speed with a transmission and with
the transmission in neutral.
Engine code means a unique combination, within an engine-system
combination, of displacement, carburetor (or fuel injection)
calibration, choke calibration, distributor calibration, auxiliary
emission control devices, and other engine and emission control system
components specified by the Administrator.
Engine family means the basic classification unit of a
manufacturer's product line used for the purpose of test fleet selection
and determined in accordance with Sec. 86.082-24.
Engine family group means a combination of engine families for the
purpose of determining a minimum deterioration factor under the
Alternative Durability Program.
Engine-system combination means an engine family-exhaust emission
control system combination.
EPA Enforcement Officer means any officer or employee of the
Environmental Protection Agency so designated in writing by the
Administrator (or by his designee).
Evaporative emission code means a unique combination, in an
evaporative emission family-evaporative emission control system
combination, of purge system calibrations, fuel tank and carburetor bowl
vent calibrations and other fuel system and evaporative emission control
system components and calibrations specified by the Administrator.
Evaporative emissions means hydrocarbons emitted into the atmosphere
from a motor vehicle, other than exhaust and crankcase emissions.
Evaporative vehicle configuration means a unique combination of
basic engine, engine code, body type, and evaporative emission code.
Exhaust emissions means substances emitted to the atmosphere from
any opening downstream from the exhaust port of a motor vehicle engine.
Fuel evaporative emissions means vaporized fuel emitted into the
atmosphere from the fuel system of a motor vehicle.
Fuel system means the combination of fuel tank(s), fuel pump, fuel
lines, and carburetor or fuel injection components, and includes all
fuel system vents and fuel evaporative emission control system
components.
Gross vehicle weight means the manufacturer's gross weight rating
for the individual vehicle.
Gross vehicle weight rating (GVWR) means the value specified by the
manufacturer as the maximum design loaded weight of a single vehicle.
Hang-up refers to the process of hydrocarbon molecules being
adsorbed, condensed, or by any other method removed from the sample flow
prior to reaching the instrument detector. It also refers to any
subsequent desorption of the molecules into the sample flow when they
are assumed to be absent.
Heavy-duty engine means any engine which the engine manufacturer
could reasonably expect to be used for motive power in a heavy-duty
vehicle.
Heavy-duty vehicle means any motor vehicle rated at more than 8,500
pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds
or that has a basic vehicle frontal area in excess of 45 square feet.
High altitude means any elevation over 1,219 meters (4,000 feet).
High-altitude conditions means a test altitude of 1,620 meters
(5,315 feet), plus or minus 100 meters (328 feet), or equivalent
observed barometric test conditions of 83.3 1
kilopascals.
High-altitude reference point means an elevation of 1,620 meters
(5,315 feet) plus or minus 100 meters (328 feet), or equivalent observed
barometric test conditions of 83.3 kPa (24.2 inches Hg), plus or minus 1
kPa (0.30 Hg).
[[Page 89]]
Hot-soak losses means evaporative emissions after termination of
engine operation.
Incomplete truck means any truck which does not have the primary
load carrying device or container attached.
Inertia weight class means the class, which is a group of test
weights, into which a vehicle is grouped based on its loaded vehicle
weight in accordance with the provisions of part 86.
Intermediate speed means peak torque speed if peak torque speed
occurs between 60 and 75 percent of rated speed. If the peak torque
speed is less than 60 percent of rated speed, intermediate speed means
60 percent of rated speed. If the peak torque speed is greater than 75
percent of rated speed, intermediate speed means 75 percent of rated
speed.
Light-duty truck means any motor vehicle rated at 8,500 pounds GVWR
or less which as a vehicle curb weight of 6,000 pounds or less and which
has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or
is a derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a
capacity of more than 12 persons, or
(3) Available with special features enabling off-street or off-
highway operation and use.
Light-duty vehicle means a passenger car or passenger car derivative
capable of seating 12 passengers or less.
Loaded vehicle weight means the vehicle curb weight plus 300 pounds.
Low altitude means any elevation equal to or less than 1,219 meters
(4,000 feet).
Low altitude conditions means a test altitude less than 549 meters
(1,800 feet).
Malfunction means not operating according to specifications (e.g.,
those specifications listed in the application for certification).
Maximum rated horsepower means the maximum brake horsepower output
of an engine as stated by the manufacturer in his sales and service
literature and his application for certification under Sec. 86.082-21.
Maximum rated torque means the maximum torque produced by an engine
as stated by the manufacturer in his sales and service literature and
his application for certification under Sec. 86.082-21.
Military engine means any engine manufactured solely for the
Department of Defense to meet military specifications.
Model means a specific combination of car line, body style, and
drivetrain configuration.
Model type means a unique combination of car line, basic engine, and
transmission class.
Model year means the manufacturer's annual production period (as
determined by the Administrator) which includes January 1 of such
calendar year: Provided, That if the manufacturer has no annual
production period, the term model year shall mean the calendar year.
Nominal fuel tank capacity means the volume of the fuel tank(s),
specified by the manufacturer to the nearest tenth of a U.S. gallon,
which may be filled with fuel from the fuel tank filler inlet.
Opacity means the fraction of a beam of light, expressed in percent,
which fails to penetrate a plume of smoke.
Option means any available equipment or feature not standard
equipment on a model.
Oxides of nitrogen means the sum of the nitric oxide and nitrogen
dioxide contained in a gas sample as if the nitric oxide were in the
form of nitrogen dioxide.
Peak torque speed means the speed at which an engine develops
maximum torque.
Percent load means the fraction of the maximum available torque at a
specified engine speed.
Precision means the standard deviation of replicated measurements.
Rated speed means the speed at which the manufacturer specifies the
maximum rated horsepower of an engine.
Reconfigured emission-data vehicle means an emission-data vehicle
obtained by modifying a previously used emission-data vehicle to
represent another emission-data vehicle.
Running loss means fuel evaporative emissions resulting from an
average trip in an urban area or the simulation of such a trip.
Scheduled maintenance means any adjustment, repair, removal,
disassembly,
[[Page 90]]
cleaning, or replacement of vehicle components or systems which is
performed on a periodic basis to prevent part failure or vehicle (if the
engine were installed in a vehicle) malfunction.
Smoke means the matter in the exhaust emission which obscures the
transmission of light.
Span gas means a gas of known concentration which is used routinely
to set the output level of an analyzer.
Standard equipment means those features or equipment which are
marketed on a vehicle over which the purchaser can exercise no choice.
System includes any motor vehicle engine modification which controls
or causes the reduction of substances emitted from motor vehicles.
Tank fuel volume means the volume of fuel in the fuel tank(s), which
is determined by taking the manufacturer's nominal fuel tank(s) capacity
and multiplying by 0.40, the result being rounded using ASTM E 29-67 to
the nearest tenth of a U.S. gallon.
Test weight means the weight, within an inertia weight class, which
is used in the dynamometer testing of a vehicle, and which is based on
its loaded vehicle weight in accordance with the provisions of part 86.
Throttle means the mechanical linkage which either directly or
indirectly controls the fuel flow to the engine.
Transmission class means the basic type of transmission, e.g.,
manual, automatic, semiautomatic.
Transmission configuration means a unique combination, within a
transmission class, of the number of the forward gears and, if
applicable, overdrive. The Administrator may further subdivide a
transmission configuration (based on such criteria as gear ratios,
torque convertor multiplication ratio, stall speed and shift
calibration, etc.), if he determines that significant fuel economy or
exhaust emission differences exist within that transmission
configuration.
Unscheduled maintenance means any adjustment, repair, removal,
disassembly, cleaning, or replacement of vehicle components or systems
which is performed to correct a part failure or vehicle (if the engine
were installed in a vehicle) malfunction.
Useful life means:
(1) For light-duty vehicles and light-duty trucks a period of use of
5 years or 50,000 miles, whichever first occurs.
(2) For gasoline-fueled heavy-duty engines a period of use of 5
years or 50,000 miles of vehicle operation or 1,500 hours of engine
operation (or an equivalent period of 1,500 hours of dynamometer
operation), whichever first occurs.
(3) For diesel heavy-duty engines a period of use of 5 years or
100,000 miles of vehicle operation or 3,000 hours of engine operation
(or an equivalent period of 1,000 hours of dynamometer operation),
whichever first occurs.
Van means a light-duty truck having an integral enclosure, fully
enclosing the driver compartment and load carrying device, and having no
body sections protruding more than 30 inches ahead of the leading edge
of the windshield.
Vehicle configuration means a unique combination of basic engine,
engine code, inertia weight class, transmission configuration, and axle
ratio.
Vehicle curb weight means the actual or the manufacturer's estimated
weight of the vehicle in operational status with all standard equipment,
and weight of fuel at nominal tank capacity, and the weight of optional
equipment computed in accordance with Sec. 86.082-24; incomplete light-
duty trucks shall have the curb weight specified by the manufacturer.
Zero (0) hours means that point after normal assembly line
operations and adjustments are completed and before ten (10) additional
operating hours have been accumulated, including emission testing, if
performed.
Zero (0) miles means that point after initial engine starting (not
to exceed 100 miles of vehicle operation, or three hours of engine
operation) at which normal assembly line operations and adjustments are
completed, and including emission testing, if performed.
[46 FR 50475, Oct. 13, 1981, and 47 FR 49807, 49808, Nov. 2, 1982; 62 FR
31233, June 6, 1997]
Sec. 86.082-34 Alternative procedure for notification of additions and
changes.
(a) A manufacturer may, in lieu of notifying the Administrator in
advance of an addition of a vehicle (or engine)
[[Page 91]]
under Sec. 86.079-32 or a change in a vehicle (or engine) under Sec.
86.079-33, notify the Administrator concurrently with making an addition
of a vehicle or a change in a vehicle, if the manufacturer determines
that following the change all vehicles (or engines) effected by the
addition or change will still meet the applicable emission standards.
Such notification shall include a full description of the addition or
change and any supporting documentation the manufacturer may desire to
include to support the manufacturer's determination. The manufacturer's
determination that the addition or change does not cause noncompliance
shall be based on an engineering evaluation of the addition or change
and/or testing.
(b) The Administrator may require that additional emission testing
be performed to support the manufacturers original determination
submitted in paragraph (a) of this section. If additional testing is
required the Administrator shall proceed as in Sec. 86.079-32 (b) and
(c) or Sec. 86.079-33 (b) and (c) as appropriate. Additional test data,
if requested, must be provided within 30 days of the request or the
manufacturer must rescind the addition or change immediately. The
Administrator may grant additional time to complete testing. If based on
this additional testing or any other information, the Administrator
determines that the vehicles effected by the addition or change do not
meet the applicable standards the Administrator will notify the
manufacturer to rescind the addition or change immediately upon receipt
of the notification.
(c) Election to produce vehicles (or engines) under this section
will be deemed to be a consent to recall all vehicles (or engines) which
the Administrator determines under Sec. 86.079-32(c) do not meet
applicable standards, and to cause such nonconformity to be remedied at
no expense to the owner.
[46 FR 50486, Oct. 13, 1981, and 47 FR 49807, Nov. 2, 1982]
Sec. 86.084-2 Definitions.
The definitions in Sec. 86.082-2 remain effective. The definitions
listed in this section apply beginning with the 1984 model year.
Approach angle means the smallest angle in a plan side view of an
automobile, formed by the level surface on which the automobile is
standing and a line tangent to the front tire static loaded radius arc
and touching the underside of the automobile forward of the front tire.
Axle clearance means the vertical distance from the level surface on
which an automobile is standing to the lowest point on the axle
differential of the automobile.
Breakover angle means the supplement of the largest angle, in the
plan side view of an automobile, that can be formed by two lines tangent
to the front and rear static loaded radii arcs and intersecting at a
point on the underside of the automobile.
Curb-idle means:
(1) For manual transmission code light-duty trucks, the engine speed
with the transmission in neutral or with the clutch disengaged and with
the air conditioning system, if present, turned off. For automatic
transmission code light-duty trucks, curb-idle means the engine speed
with the automatic transmission in the Park position (or Neutral
position if there is no Park position), and with the air conditioning
system, if present, turned off.
(2) For manual transmission code heavy-duty engines, the
manufacturer's recommended engine speed with the clutch disengaged. For
automatic transmission code heavy-duty engines, curb idle means the
manufacturer's recommended engine speed with the automatic transmission
in gear and the output shaft stalled. (Measured idle speed may be used
in lieu of curb-idle speed for the emission tests when the difference
between measured idle speed and curb idle speed is sufficient to cause a
void test under either Sec. 86.1341 or Sec. 86.884-7 but not
sufficient to permit adjustment in accordance with Sec. 86.085-25.)
Departure angle means the smallest angle, in a plan side view of an
automobile, formed by the level surface on which the automobile is
standing and a line tangent to the rear tire static loaded radius arc
and touching the underside of the automobile rearward of the rear tire.
[[Page 92]]
Emission-related maintenance means that maintenance which does
substantially affect emissions or which is likely to affect the
deterioration of the vehicle or engine with respect to emissions, even
if the maintenance is performed at some time other than that which is
recommended.
Heavy-passenger cars means, for the 1984 model year only, a
passenger car or passenger car derivative capable of seating 12
passengers or less, rated at 6,000 pounds GVW or more and having an
equivalent test weight of 5,000 pounds or more.
Non-emission related maintenance means that maintenance which does
not substantially affect emissions and which does not have a lasting
effect on the deterioration of the vehicle or engine with respect to
emissions once the maintenance is performed at any particular date.
Scheduled maintenance means any adjustment, repair, removal,
disassembly, cleaning, or replacement of vehicle components or systems
which is performed on a periodic basis to prevent part failure or
vehicle (if the engine were installed in a vehicle) malfunction, or
anticipated as necessary to correct an overt indication of vehicle
malfunction or failure for which periodic maintenance is not
appropriate.
Special features enabling off-street or off-highway operation and
use means a vehicle:
(1) That has 4-wheel drive; and
(2) That has at least four of the following characteristics
calculated when the automobile is at curb weight, on a level surface,
with the front wheels parallel to the vehicle's longitudinal centerline,
and the tires inflated to the manufacturer's recommended pressure;
(i) Approach angle of not less than 28 degrees.
(ii) Breakover angle of not less than 14 degrees.
(iii) Departure angle of not less than 20 degrees.
(iv) Running clearance of not less than 8 inches.
(v) Front and rear axle clearances of not less than 7 inches each.
Static loaded radius arc means a portion of a circle whose center is
the center of a standard tire-rim combination of an automobile and whose
radius is the distance from that center to the level surface on which
the automobile is standing, measured with the automobile at curb weight,
the wheel parallel to the vehicle's longitudinal centerline, and the
tire inflated to the manufacturer's recommended pressure.
Unscheduled maintenance means any adjustment, repair, removal
disassembly, cleaning, or replacement of vehicle components or systems
which is performed to correct a part failure or vehicle (if the engine
were installed in a vehicle) malfunction which was not anticipated.
Useful life means:
(a) For light-duty vehicles a period of use of 5 years or 50,000
miles, whichever first occurs.
(b)(1) For a light-duty truck engine family or heavy-duty engine
family, the average period of use up to engine retirement or rebuild,
whichever occurs first, as determined by the manufacturer under Sec.
86.084-21(b)(4)(ii)(B).
(2) For a specific light-duty truck or heavy-duty engine, the period
of use represented by the first occurring of the following:
(i) The engine reaches the point of needing to be rebuilt, according
to the criteria established by the manufacturer under Sec. 86.084-
21(b)(4)(ii)(C), or
(ii) The engine reaches its engine family's useful life.
(3) If the useful life of a specific light-duty truck or heavy-duty
engine is found to be less than 5 years or 50,000 miles (or the
equivalent), the useful life shall be a period of use of 5 years or
50,000 miles (or the equivalent), whichever occurs first, as required by
section 202(d)(2) of the Act.
(4) For purpose of identification this option shall be known as the
average useful-life period.
(c)(1) As an option for a light-duty truck engine family, a period
of use of 12 years or 130,000 miles, whichever occurs first.
(2) As an option for a gasoline heavy-duty engine family, a period
of use of 10 years or 120,000 miles, whichever occurs first.
(3) As an option for a diesel heavy-duty engine family, a period of
use of 10 years or 120,000 miles, whichever occurs first, for engines
certified for use in vehicles of less than 19,500 pounds
[[Page 93]]
GVWR; a period of use of 10 years or 200,000 miles, whichever occurs
first, for engines certified for use in vehicles of 19,501-26,000 pounds
GVWR; or, a period of use of 10 years or 275,000 miles, whichever occurs
first, for engines certified for use in vehicles whose GVWR exceeds
26,000 pounds.
(4) As an option for both light-duty truck and heavy-duty engine
families, an alternate full-life value assigned by the Administrator
under Sec. 86.084-21(b)(4)(ii)(B)(4).
(5) For purpose of identification these options shall be known as
the assigned useful-life period options.
(6) For those light-duty truck and heavy-duty engine families using
the assigned useful-life period options, the warranty period for
emissions defect warranty and emissions performance warranty shall be 5
years/50,000 miles for light-duty trucks, 5 years/50,000 miles for
gasoline heavy-duty engines and for diesel heavy-duty engines certified
for use in vehicle of less than 19,501 lbs. GVWR, and 5 years/100,000
miles for all other diesel heavy-duty engines. However, in no case may
this period be less than the basic mechanical warranty period.
(7) The assigned useful-life period options, as detailed in
paragraphs (c)(1) through (c)(6) of this section, are applicable for the
1984 model year only.
(d)(1) As an option for the 1984 model year and for the 1984 model
year only, the useful life of light-duty trucks and heavy-duty engine
families may be defined as prescribed in Sec. 86.077-2.
(2) For purpose of identification this option shall be known as the
half-life useful-life option.
[45 FR 63747, Sept. 25, 1980, as amended at 47 FR 49811, Nov. 2, 1982;
48 FR 1412, Jan. 12, 1983; 48 FR 48607, Oct. 19, 1983; 49 FR 48136, Dec.
10, 1984]
Sec. 86.084-4 Section numbering; construction.
(a) Section numbering. (1) The model year of initial applicability
is indicated by the last two digits of the 5-digit group. A section
remains in effect for subsequent model years until it is superseded. The
number following the hyphen designates what previous section is replaced
by a future regulation.
Examples: Section 86.077-6 applies to the 1977 and subsequent model
years until superseded. If a Sec. 86.080-6 is promulgated it would take
effect with the 1980 model year; Sec. 86.077-6 would not apply after
the 1979 model year. Section 86.077-10 would be replaced by Sec.
86.078-10 beginning with the 1978 model year.
(2) Where a section still in effect references a section that has
been superseded, the reference shall be interpreted to mean the
superseding section.
(b) A section reference without a model year suffix refers to the
section applicable for the appropriate model year.
(c) Construction. Except where indicated, the language in this
subpart applies to both vehicles and engines. In many instances,
language referring to engines is enclosed in parentheses and immediately
follows the language discussing vehicles.
[45 FR 63747, Sept. 25, 1980, as amended at 59 FR 48492, Sept. 21, 1994]
Sec. 86.084-40 Automatic expiration of reporting and recordkeeping
requirements.
(a) [Reserved]
(b) Light-duty trucks and heavy-duty engines. (1) All of the
recordkeeping and reporting requirements in this subpart for which 1984
is the first model year of implementation will automatically expire on
December 31, 1988, unless the Administrator acts to retain them.
(2) If the Administrator determines that the reporting and
recordkeeping requirements should be retained she/he will also at that
time establish the subsequent date of expiration, which will not be
later than December 31, 1993.
[45 FR 63770, Sept. 25, 1980]
Sec. 86.085-1 General applicability.
(a) The provisions of this subpart apply to 1985 and later model
year new gasoline-fueled and diesel light-duty vehicles, 1985 and later
model year new gasoline-fueled and diesel light-duty trucks, and 1985
and later model year new gasoline-fueled and diesel heavy-duty engines.
(b) Optional applicability. A manufacturer may request to certify
any heavy-duty vehicle 10,000 pounds
[[Page 94]]
GVWP or less in accordance with the light-duty truck provisions. Heavy-
duty engine or vehicle provisions do not apply to such a vehicle.
(c) [Reserved]
(d) Alternative Durability Program. For 1985 and later model year
light-duty vehicles and light-duty trucks, a manufacturer may elect to
participate in the Alternative Durability Program. This optional program
provides an alternative method of determining exhaust emission control
system durability. The general procedures and a description of the
programs are contained in Sec. 86.085-13 and specific provisions on
test vehicles and compliance procedures are contained in Sec. Sec.
86.085-24 and 86.085-28 respectively.
(e) Small volume manufacturers. Special certification procedures are
available for any manufacturer whose projected combined U.S. sales of
light-duty vehicles, light-duty trucks, and heavy-duty engines in its
product line are fewer than 10,000 units for the model year in which the
manufacturer seeks certification. In order to certify its product line
under these optional procedures, the small-volume manufacturer must
first obtain the Administrator's approval. Vehicles produced at
facilities leased, operated, controlled, supervised, or in 10 percent or
greater part owned by the manufacturer shall be counted in calculating
the total sales of the manufacturer. The small-volume manufacturer's
certification procedures are described in Sec. 86.084-14.
(f) Optional Procedures for Determining Exhaust Opacity. (1) The
provisions of subpart I apply to tests which are performed by the
Administrator, and optionally, by the manufacturer.
(2) Measurement procedures, other than that described in subpart I,
may be used by the manufacturer provided the manufacturer satisfies the
requirements of Sec. 86.085-23(f).
(3) When a manufacturer chooses to use an alternative measurement
procedure it has the responsibility to determine whether the results
obtained by the procedure will correlate with the results which would be
obtained from the measurement procedure in subpart I. Consequently, the
Administrator will not routinely approve or disapprove any alternative
opacity measurement procedure or any associated correlation data which
the manufacturer elects to use to satisfy the data requirements of
subpart I.
(4) If a confirmatory test(s) is performed and the results indicate
there is a systematic problem suggesting that the data generated under
an optional alternative measurement procedure do not adequately
correlate with subpart I data, EPA may require that all certificates of
conformity not already issued be based on data from subpart I
procedures.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601(a)
[48 FR 22548, May 19, 1983, as amended at 50 FR 10648, Mar. 15, 1985; 51
FR 24608, July 7, 1986]
Sec. 86.085-2 Definitions.
The definitions of Sec. 86.084-2 remain effective. The definitions
listed in this section apply beginning with the 1985 model year.
Abnormally treated vehicle, any diesel light-duty vehicle or diesel
light-duty truck that is operated for less than five miles in a 30 day
period immediately prior to conducting a particulate emissions test.
Composite particulate standard, for a manufacturer which elects to
average diesel light-duty vehicles and diesel light-duty trucks together
in the particulate averaging program, means that standard calculated
according to the following equation and rounded to the nearest hundredth
gram-per-mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.004
[[Page 95]]
Where:
PRODLDV represents the manufacturer's total diesel light-duty
vehicle production for those engine families being included in the
average for a given model year.
STDLDV represents the light-duty vehicle particulate
standard.
PRODLDT represents the manufacturer's total diesel light-duty
truck production for those engine families being included in the average
for a given model year.
STDLDT represents the light-duty truck particulate standard.
Family particulate emission limit means the diesel particulate
emission level to which an engine family is certified in the particulate
averaging program, expressed to an accuracy of one hundredth gram-per-
mile.
Incomplete gasoline-fueled heavy-duty vehicle means any gasoline-
fueled heavy-duty vehicle which does not have the primary load-carrying
device, or passenger compartment, or engine compartment or fuel system
attached.
Production-weighted average means the manufacturer's production-
weighted average particulate emission level, for certification purposes,
of all of its diesel engine families included in the particulate
averaging program. It is calculated at the end of the model year by
multiplying each family particulate emission limit by its respective
production, summing these terms, and dividing the sum by the total
production of the effected families. Those vehicles produced for sale in
California or at high altitude shall each be averaged separately from
those produced for sale in any other area.
Primary intended service class means:
(a) The primary service application group for which a heavy-duty
diesel engine is designed and marketed, as determined by the
manufacturer. The primary intended service classes are designated as
light, medium, and heavy heavy-duty diesel engines. The determination is
based on factors such as vehicle GVW, vehicle usage and operating
patterns, other vehicle design characteristics, engine horsepower, and
other engine design and operating characteristics.
(1) Light heavy-duty diesel engines usually are non-sleeved and not
designed for rebuild; their rated horsepower generally ranges from 70 to
170. Vehicle body types in this group might include any heavy-duty
vehicle built for a light-duty truck chassis, van trucks, multi-stop
vans, recreational vehicles, and some single axle straight trucks.
Typical applications would include personal transportation, light-load
commercial hauling and delivery, passenger service, agriculture, and
construction. The GVWR of these vehicles is normally less than 19,500
lbs.
(2) Medium heavy-duty diesel engines may be sleeved or non-sleeved
and may be designed for rebuild. Rated horsepower generally ranges from
170 to 250. Vehicle body types in this group would typically include
school buses, tandem axle straight trucks, city tractors, and a variety
of special purpose vehicles such as small dump trucks, and trash
compactor trucks. Typical applications would include commercial short
haul and intra-city delivery and pickup. Engines in this group are
normally used in vehicles whose GVWR varies from 19,500-33,000 lbs.
(3) Heavy heavy-duty diesel engines are sleeved and designed for
multiple rebuilds. Their rated horsepower generally exceeds 250.
Vehicles in this group are normally tractors, trucks, and buses used in
inter-city, long-haul applications. These vehicles normally exceed
33,000 lbs GVWR.
Useful life means:
(a) For light-duty vehicles a period of use of 5 years or 50,000
miles, whichever first occurs.
(b) For a light-duty truck engine family, a period of use of 11
years or 120,000 miles, whichever occurs first.
(c) For a gasoline-fueled heavy-duty engine family (and in the case
of evaporative emission regulations, for gasoline-fueled heavy-duty
vehicles), a period of use of 8 years or 110,000 miles, whichever first
occurs.
(d) For a diesel heavy-duty engine family:
(1) For light heavy-duty diesel engines, a period of use of 8 years
or 110,000 miles, whichever first occurs.
(2) For medium heavy-duty diesel engines, a period of use of 8 years
or 185,000 miles, whichever first occurs.
(3) For heavy heavy-duty diesel engines, a period of use of 8 years
or 290,000 miles, whichever first occurs.
(e) As an option for both light-duty truck and heavy-duty engine
families,
[[Page 96]]
an alternative useful life period assigned by the Administrator under
the provisions of paragraph (f) of Sec. 86.085-21.
(f) The useful-life period for purposes of the emissions defect
warranty and emissions performance warranty shall be a period of 5
years/50,000 miles whichever first occurs, for light-duty trucks,
gasoline heavy-duty engines, and light heavy-duty diesel engines. For
all other heavy-duty diesel engines the aforementioned period is 5
years/100,000 miles, whichever first occurs. However, in no case may
this period be less than the manufacturer's basic mechanical warranty
period for the engine family.
[48 FR 33462, July 21, 1983, as amended at 48 FR 52184, Nov. 16, 1983;
52 FR 47863, Dec. 16, 1987]
Sec. 86.085-13 Alternative Durability Program.
(a) The procedures of the Alternative Durability Program are
optional. Manufacturers may use these optional procedures to determine
deterioration factors instead of using the procedures that this subpart
otherwise requires.
(b) The optional procedures of the Alternative Durability Program
apply only to light-duty vehicles and light-duty trucks, and are
effective for the 1985 and later model years. All manufacturers of these
vehicles are eligible to participate in this program.
(c) For engine families subject to the procedures of the Alternative
Durability Program, the manufacturer shall submit deterioration factors
to the Administrator for approval to use them for certification. The
Administrator shall approve the use of deterioriation factors that:
(1) The manufacturer attests are representative of the durability
performance of its vehicles in actual field use when maintained
according to the manufacturer's maintenance instructions (as limited
under Sec. 86.084-25(a)), and
(2) Are equal to or greater than the deterioration factors that EPA
determines under paragraph (d) of this section.
(d) EPA shall determine minimum deterioration factors for engine
families subject to the Alternative Durability Program. This
determination shall be based on a procedure of grouping engine families
(see Sec. 86.085-24(a)) in order to use historical certification data
to determine deterioration factors for each engine family group. The
historical data shall be updated yearly through the testing of
production durability-data vehicles. Test vehicle requirements under
these procedures are contained in Sec. 86.085-24(h) and compliance
requirements are contained in Sec. 86.085-28 (a)(5) and (b)(5).
(e) Request Procedures. (1) A manufacturer wishing to participate in
the Alternative Durability Program must submit to the Administrator, for
each model year, a written request describing the engine families that
the manufacturer elects to be included in the program.
(2) The Administrator may declare ineligible any engine family for
which the Administrator determines there is unreasonable risk in
determining a deterioration factor using the methods of the Alternative
Durability Program. Furthermore, the Administrator may limit the number
of engine families within the manufacturer's product line that are
eligible for the Alternative Durability Program.
(3) Upon approval of the manufacturer's request to participate, the
Administrator and the manufacturer may enter into a written agreement
prescribing the terms and conditions of the program. This agreement
shall be equitable as compared to agreements entered into with other
manufacturers. The agreement shall specify the following:
(i) The engine families to be included in the program and the engine
family groups that have been established by the provisions of Sec.
86.085-24(a) (8) and (9).
(ii) The procedures for the selection of production durability-data
vehicles specified under the provisions of Sec. 86.085-24(h).
(iii) The procedures for the determination of minimum exhaust
emission deterioration factors for each engine family group.
(f) Withdrawal from Alternative Durability Program. (1) Subject to
the conditions of the following paragraphs, a manufacturer may, at any
time, withdraw all of its product line or separate
[[Page 97]]
engine family groups from this program. Only entire engine family groups
may be withdrawn.
(2) Once any engine family in an engine family group is certified
using deterioration factors determined in the Alternative Durability
Program, the manufacturer shall operate and test the production
durability-data vehicles specified in Sec. 86.085-24(h) in accordance
with the procedures of this part.
(3) The Administrator shall notify the manufacturer if a
nonconformity of a category of vehicles within the engine family group
is indicated by the production durability data. For the purpose of this
paragraph, a nonconformity is determined to exist if:
(i) Any emission-data vehicle within an engine family of the model
year most recently certified under the Alternative Durability Program is
projected to exceed an emission standard by applying deterioration
factors generated by a production durability-data vehicle within the
same engine family, or
(ii) Any of the most recent model year's production durability-data
vehicle configurations tested under paragraph (f)(2) of this section
line crosses as defined in Sec. 86.085-28(a)(5)(ii)(C). For the purpose
of this paragraph, data from identical vehicles will be averaged as
under Sec. 86.085-28(a)(4)(i) (A) and (B).
(4) If the Administrator notifies a manufacturer of such a
nonconformity, the manufacturer shall submit, by a date specified by the
Administrator, a plan to remedy the nonconformity which is acceptable to
the Director, Office of Mobile Sources. For the purpose of this
paragraph, the term ``remedy the nonconformity'' will have the same
meaning as it does when it appears in section 207(c)(1) of the Clean Air
Act.
(5) The manufacturer shall comply with the terms of the remedial
plan approved by the Director, Office of Mobile Sources.
(6) If a manufacturer does not comply with the requirements of
paragraph (f) (2), (4), or (5) of this section, the Administrator may
deem the certificate of conformity for the affected engine families void
ab initio.
[48 FR 22548, May 19, 1983]
Sec. 86.085-20 Incomplete vehicles, classification.
(a) An incomplete truck less than 8,500 pounds gross vehicle weight
rating shall be classified by the manufacturer as a light-duty truck or
as a heavy-duty vehicle. Incomplete light-duty trucks shall be described
in the manufacturer's application for certification. The frontal area
and curb weight used for certification purposes shall be specified on
the label required in Sec. 86.085-35(d). Incomplete heavy-duty trucks
must be labeled as required in Sec. 86.085-35(e) and Sec. 86.085-
35(g).
(b) [Reserved]
[48 FR 1439, Jan. 12, 1983]
Sec. 86.085-37 Production vehicles and engines.
(a) Any manufacturer obtaining certification under this part shall
supply to the Administrator, upon request, a reasonable number of
production vehicles (or engines) selected by the Administrator which are
representative of the engines, emission control systems, fuel systems,
and transmission offered and typical of production models available for
sale under the certificate. These vehicles (or engines) shall be
supplied for testing at such time and place and for such reasonable
periods as the Administrator may require. Heavy-duty engines supplied
under this paragraph may be required to be mounted in chassis and
appropriately equipped for operation on a chassis dynamometer.
(b)(1) Any manufacturer of light-duty vehicles or light-duty trucks
obtaining certification under this part shall notify the Administrator,
on a yearly basis, of the number of vehicles domestically produced for
sale in the United States and the number of vehicles produced and
imported for sale in the United States during the preceding year. Such
information shall also include the number of vehicles produced for sale
pursuant to Sec. 88.204-94(b) of this chapter. A manufacturer may elect
to provide this information every 60 days instead of yearly by combining
it with the notification required under Sec. 86.079-36. The
notification must be submitted 30 days after the close of the reporting
period. A manufacturer may combine
[[Page 98]]
the information required under Sec. 86.1712(b) with the information
included in paragraphs (b)(1) (i) through (iv) of this section into the
report required under this section. The vehicle production information
required shall be submitted as follows:
(i) Total production volume expressed in terms of units produced;
(ii) Model type production volume, expressed for each model type in
terms of units produced and as a percentage of total production;
(iii) Base level production volume, expressed for each base level in
terms of units produced and as percentage of:
(A) Total production of its respective model type(s), and
(B) Total production; and
(iv) Vehicle configuration production volume, expressed for each
vehicle configuration in terms of units produced, and as a percentage of
the total production of its respective base level. In addition, each
vehicle configuration shall be identified by its appropriate engine-
system combination.
(2) All light-duty vehicles and light-duty trucks covered by a
certificate of conformity under Sec. 86.082-30(a) shall be adjusted by
the manufacturer to the ignition or injection timing specification
detailed in Sec. 86.079-36(a)(1)(iii)(D).
(c) Any heavy-duty engine or gasoline-fueled heavy-duty vehicle
manufacturer obtaining certification under this part shall notify the
Administr`ator, on a yearly basis, of the number of engines or vehicles
of such engine family-evaporative emission family-engine displacement-
exhaust emission control system-fuel system combination produced for
sale in the United States during the preceding year.
(d) The following definitions apply to this section:
(1) Model type means a unique combination of car line, basic engine,
and transmission class.
(2) Base level means a unique combination of basic engine, inertia
weight, and transmission class.
(3) Vehicle configuration means a unique combination of basic
engine, engine code, inertia weight, transmission configuration, and
axle ratio within a base level.
[48 FR 1455, Jan. 12, 1983, as amended at 59 FR 50073, Sept. 30, 1994;
62 FR 31233, June 6, 1997]
Effective Date Note: At 62 FR 31233, June 6, 1997, Sec. 86.085-37
was amended by revising paragraph (b)(1) introductory text, effective
Aug. 5, 1997. That text contains information collection and
recordkeeping requirements and will not become effective until approval
has been given by the Office of Management and Budget.
Sec. 86.087-2 Definitions.
Composite particulate standard for a manufacturer which elects to
average diesel light-duty vehicles and diesel light-duty trucks with a
loaded vehicle weight equal to or less than 3,750 lbs (LDDT1s) together
in the particulate averaging program, means that standard calculated
according to the following equation and rounded to the nearest hundredth
gram per mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.005
Where:
PRODLDV represents the manufacturer's total light-duty
vehicle production for those engine families being included in the
average for a given model year.
STDLDV represents the light-duty vehicle particulate
standard.
PRODLDDT1 represents the manufacturer's total diesel light-
duty truck production for those engine families with a loaded vehicle
weight equal to or less than 3,750 lbs which are being included in the
average for a given model year.
STDLDDT1 represents the light-duty truck particulate standard
for diesel light-duty trucks with a loaded vehicle weight equal to or
less than 3,750 lbs.
[[Page 99]]
Production-weighted average means the manufacturer's production-
weighted average particulate emission level, for certification purposes,
of all of its diesel engine families included in the particulate
averaging program. It is calculated at the end of the model year by
multiplying each family particulate emission limit by its respective
production, summing these terms, and dividing the sum by the total
production of the affected families. Those vehicles produced for sale in
California or at high altitude shall each be averaged separately from
those produced for sale in any other area. Diesel light-duty trucks with
a loaded vehicle weight equal to or greater than 3,751 lbs (LDDT2s)
shall only be averaged with other diesel light-duty trucks with a loaded
vehicle weight equal to or greater than 3,751 lbs produced by that
manufacturer.
[53 FR 43875, Oct. 31, 1988]
Sec. 86.087-38 Maintenance instructions.
(a) The manufacturer shall furnish or cause to be furnished to the
purchaser of each new motor vehicle (or motor vehicle engine) subject to
the standards prescribed in Sec. 86.087-8, Sec. 86.087-9, Sec.
86.087-10, or Sec. 86.087-11, as applicable, written instructions for
the proper maintenance and use of the vehicle (or engine), by the
purchaser consistent with the provisions of Sec. 86.087-25, which
establishes what scheduled maintenance the Administrator approves as
being reasonable and necessary. For light-duty vehicle manufacturers
optionally complying with Sec. 86.087-25(a) for the 1987 model year,
the Administrator approves any scheduled maintenance allowed by Sec.
86.087-25(a) as being reasonable and necessary.
(1) The maintenance instructions required by this section shall be
in clear, and to the extent practicable, nontechnical language.
(2) The maintenance instructions required by this section shall
contain a general description of the documentation which the
manufacturer will require from the ultimate purchaser or any subsequent
purchaser as evidence of compliance with the instructions.
(b) Instructions provided to purchasers under paragraph (a) of this
section shall specify the performance of all scheduled maintenance
performed by the manufacturer on certification durability vehicles and,
in cases where the manufacturer performs less maintenance on
certification durability vehicles than the allowed limit, may specify
the performance of any scheduled maintenance allowed under Sec. 86.087-
25 (or under Sec. 86.085-25(a), for light-duty vehicle families
optionally complying with that section for the 1987 model year).
(c) Scheduled emission-related maintenance in addition to that
performed under Sec. 86.087-25(b) may only be recommended to offset the
effects of abnormal in-use operating conditions, except as provided in
paragraph (d) of this section. The manufacturer shall be required to
demonstrate, subject to the approval of the Administrator, that such
maintenance is reasonable and technologically necessary to assure the
proper functioning of the emission control system. Such additional
recommended maintenance shall be clearly differentiated, in a form
approved by the Administrator, from that approved under Sec. 86.087-
25(b).
(d) Inspections of emission-related parts or systems with
instructions to replace, repair, clean, or adjust the parts or systems
if necessary, are not considered to be items of scheduled maintenance
which insure the proper functioning of the emission control system. Such
inspections, and any recommended maintenance beyond that approved by the
Administrator as reasonable and necessary under paragraphs (a), (b), and
(c) of this section, may be included in the written instructions
furnished to vehicle owners under paragraph (a) of this section:
Provided, That such instructions clearly state, in a form approved by
the Administrator, that the owner need not perform such inspections or
recommended maintenance in order to maintain the emission warranty or
manufacturer recall liability.
(e) If the vehicle has been granted an alternative useful life
period under the provisions of Sec. 86.087-21(f), the manufacturer may
choose to include in such instructions an explanation of the distinction
between the alternative useful life specified on the label, and the
[[Page 100]]
emissions defect and emissions performance warranty period. The
explanation must clearly state that the useful life period specified on
the label represents the average period of use up to retirement or
rebuild for the engine family represented by the engine used in the
vehicle. An explanation of how the actual useful lives of engines used
in various applications are expected to differ from the average useful
life may be included. The explanation(s) shall be in clear, non-
technical language that is understandable to the ultimate purchaser.
(f) If approved by the Administrator, the instructions provided to
purchasers under paragraph (a) of this section shall indicate what
adjustments or modifications, if any, are necessary to allow the vehicle
to meet applicable emission standards at elevations above 4,000 feet, or
at elevations of 4,000 feet or less.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10693, Mar. 15, 1985, as amended at 51 FR 24610, July 7, 1986]
Sec. 86.088-2 Definitions.
The definitions in Sec. 86.085-2 remain effective. The definitions
in this section apply beginning with the 1988 model year.
Composite NOX standard, for a manufacturer which elects
to average light-duty trucks subject to the NOX standard of
Sec. 86.088-9(a)(iii)(A) together with those subject to the
NOX standard of Sec. 86.088-9(a)(iii)(B) in the light-duty
truck NOX averaging program, means that standard calculated
according to the following equation and rounded to the nearest one-tenth
gram per mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.006
Where:
PRODA = The manufacturer's total light-duty truck production
for those engine families subject to the standard of Sec. 86.088-
9(a)(iii)(A) and included in the average for a given model year,
STDA = The NOX standard of Sec. 86.088-
9(a)(iii)(A),
PRODB = The manufacturer's total light-duty truck production
for those engine families subject to the standard of Sec. 86.088-
9(a)(iii)(B) and included in the average for a given model year, and
STDB = The NOX standard of Sec. 86.088-
9(a)(iii)(B).
Critical emission-related components are those components which are
designed primarily for emission control, or whose failure may result in
a significant increase in emissions accompanied by no significant
impairment (or perhaps even an improvement) in performance,
driveability, and/or fuel economy as determined by the Administrator.
Critical emission-related maintenance means that maintenance to be
performed on critical emission-related components.
Emission-related maintenance means that maintenance which does
substantially affect emissions or which is likely to affect the
emissions deterioration of the vehicle or engine during normal in-use
operation, even if the maintenance is performed at some time other than
that which is recommended.
Family NOX emission limit means the NOX
emission level to which an engine family is certified in the light-duty
truck NOX averaging program, expressed to one-tenth of a gram
per mile accuracy.
Non-emission-related maintenance means that maintenance which does
not substantially affect emissions and which does not have a lasting
effect on the emissions deterioration of the vehicle or engine during
normal in-use operation once the maintenance is performed.
Production-weighted NOX average means the manufacturer's
production-weighted average NOX emission level,
[[Page 101]]
for certification purposes, of all of its light-duty truck engine
families included in the NOX averaging program. It is
calculated at the end of the model year by multiplying each family
NOX emission limit by its respective production, summing
those terms, and dividing the sum by the total production of the
effected families. Those vehicles produced for sale in California or at
high altitude shall each be averaged separately from those produced for
sale in any other area.
Production-weighted particulate average means the manufacturer's
production-weighted average particulate emission level, for
certification purposes, of all of its diesel engine families included in
the particulate averaging program. It is calculated at the end of the
model year by multiplying each family particulate emission limit by its
respective production, summing those terms, and dividing the sum by the
total production of the effected families. Those vehicles produced for
sale in California or at high altitude shall each be averaged separately
from those produced for sale in any other area.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10648, Mar. 15, 1985]
Sec. 86.088-10 Emission standards for 1988 and 1989 model year
gasoline-fueled heavy-duty engines and vehicles.
(a)(1) Exhaust emissions from new 1988 and later model year
gasoline-fueled heavy-duty engines shall not exceed:
(i) For engines intended for use in all vehicles except as provided
in paragraph (a)(3) of this paragraph,
(A) Hydrocarbons. 1.1 grams per brake horsepower-hour, as measured
under transient operating conditions.
(B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour, as
measured under transient operating conditions.
(2) Gasoline-fueled heavy-duty engines utilizing aftertreatment
technology. 0.50 percent of exhause gas flow at curb idle.
(C) Oxides of nitrogen. 10.6 grams per brake horsepower-hour, as
measured under transient operating conditions.
(ii) For engines intended for use only in vehicles with a Gross
Vehicle Weight Rating of greater than 14,000 pounds,
(A) Hydrocarbons. 1.9 grams per brake horsepower-hour, as measured
under transient operating conditions.
(B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour as
measured under transient operating conditions.
(2) Gasoline-fueled heavy-duty engines utilizing aftertreatment
technology. 0.50 percent of exhaust gas flow at curb idle.
(C) Oxides of nitrogen. 10.6 grams per brake horsepower-hour, as
measured under transient operating conditions.
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(1) of appendix I to this part, and measured and calculated
in accordance with the procedures set forth in subparts N or P.
(3)(i) A manufacturer may certify one or more gasoline-fueled heavy-
duty engine configurations intended for use in all vehicles to the
emission standards set forth in paragraph (a)(1)(ii) of this paragraph:
Provided, That the total model year sales of such configuration(s) being
certified to the emission standards in paragraph (a)(1)(ii) of this
section represent no more than 5 percent of total model year sales of
all gasoline-fueled heavy-duty engines intended for use in vehicles with
a Gross Vehicle Weight Rating of up to 14,000 pounds by the
manufacturer.
(ii) The configurations certified to the emission standards of
paragraph (a)(1)(ii) of this section under the provisions of paragraph
(a)(3)(i) of this section shall still be required to meet the
evaporative emission standards set forth in paragraphs (b)(1)(i)(A) and
(b)(2)(i) of this section.
(b)(1) Evaporative emissions from 1988 and later model year
gasoline-fueled heavy-duty vehicles shall not exceed:
(i) Hydrocarbons. (A) For vehicles with a Gross Vehicle Weight
Rating of up to 14,000 pounds, 3.0 grams per test.
(B) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 pounds, 4.0 grams per test.
[[Page 102]]
(2)(i) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 pounds, the standards set forth in paragraph (b)(1) of this
section refer to a composite sample of fuel evaporative emissions
collected under the conditions set forth in subpart M and measured in
accordance with those procedures.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
26,000 pounds, the standard set forth in paragraph (b)(1)(i)(B) of this
section refers to the manufacturer's engineering design evaluation using
good engineering practice (a statement of which is required in Sec.
86.088-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any new 1988 or later model year gasoline-fueled heavy-
duty engine.
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart N or P of this part to ascertain that such test engines meet the
requirements of paragraphs (a) and (c) of this section.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10651, Mar. 15, 1985, as amended at 52 FR 47864, Dec. 16, 1987]
Sec. 86.090-1 General applicability.
(a) The provisions of this subpart apply to: 1990 and later model
year new Otto-cycle and diesel light-duty vehicles; 1990 and later model
year new Otto-cycle and diesel light-duty trucks; and, 1990 and later
model year new Otto-cycle and diesel heavy-duty engines.
(b) Optional applicability. A manufacturer may request to certify
any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or
less to the light-duty truck provisions. Heavy-duty engine or vehicle
provisions do not apply to such a vehicle.
(c) [Reserved]
(d) Alternative Durability Program. For 1990 and later model year
light-duty vehicles and light-duty trucks, a manufacturer may elect to
participate in the Alternative Durability Program. This optional program
provides an alternative method of determining exhaust emission control
system durability. The general procedures and a description of the
programs are contained in Sec. 86.085-13 and specific provisions on
test vehicles and compliance procedures are contained in Sec. 86.085-24
and Sec. 86.088-28 respectively.
(e) Small-Volume Manufacturers. Special certification procedures are
available for any manufacturer whose projected combined U.S. sales of
light-duty vehicles, light-duty trucks, and heavy-duty engines in its
product line are fewer than 10,000 units for the model year in which the
manufacturer seeks certification. In order to certify its product line
under these optional procedures, the small-volume manufacturer must
first obtain the Administrator's approval. Vehicles produced at
facilities leased, operated, controlled, supervised, or is ten percent
or greater part owned by the manufacturer shall be counted in
calculating the total sales of the manufacturer. The small-volume
manufacturer's certification procedures are described in Sec. 86.090-
14.
(f) Optional Procedures for Determining Exhaust Opacity. (1) The
provisions of subpart I apply to tests which are performed by the
Administrator, and optionally, by the manufacturer.
(2) Measurement procedures, other than that described in subpart I,
may be used by the manufacturer provided the manufacturer satisfies the
requirements of Sec. 86.090-23(f).
(3) When a manufacturer chooses to use an alternative measurement
procedure it has the responsibility to determine whether the results
obtained by the procedure will correlate with the results which would be
obtained from the measurement procedure in subpart I. Consequently, the
Administrator will not routinely approve or disapprove any alternative
opacity measurement procedure or any associated correlation data which
the manufacturer elects to use to satisfy the data requirements of
subpart I.
(4) If a confirmatory test(s) is performed and the results indicate
there is a systematic problem suggesting that the data generated under
an optional
[[Page 103]]
alternative measurement procedure do not adequately correlate with
subpart I data, EPA may require that all certificates of conformity not
already issued be based on data from subpart I procedures.
[54 FR 14459, Apr. 11, 1989]
Sec. 86.090-2 Definitions.
The definitions in Sec. 86.088-2 remain effective. The definitions
in this section apply beginning with the 1990 model year.
Averaging for heavy-duty engines means the exchange of
NOX and particulate emission credits among engine families
within a given manufacturer's product line.
Averaging set means a subcategory of heavy-duty engines within which
engine families can average and trade emission credits with one other.
Banking means the retention of heavy-duty engine NOX and
particulate emission credits, by the manufacturer generating the
emission credits, for use in future model year certification programs as
permitted by regulation.
Composite particulate standard, for a manufacturer which elects to
average light-duty vehicles and light-duty trucks together in either the
petroleum-fueled or methanol-fueled light-duty particulate averaging
program, means that standards calculated using the following equation
and rounded to the nearest one-hundredth (0.01) of a gram per mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.007
Where:
PRODLDV represents the manufacturer's total petroleum-fueled
diesel or methanol-fueled diesel light-duty vehicle production for those
engine families being included in the appropriate average for a given
model year.
STDLDV represents the light-duty vehicle particulate
standard.
PRODLDT represents the manufacturer's total petroleum-fueled
diesel or methanol-fueled diesel light-duty truck production for those
engine families being included in the appropriate average for a given
model year.
STDLDT represents the light-duty truck particulate standard.
Dedicated vehicle (or engine) means any motor vehicle (or motor
vehicle engine) engineered and designed to be operated using a single
fuel. Flexible fuel vehicles and multi-fuel vehicles are not dedicated
vehicles.
Diesel means type of engine with operating characteristics
significantly similar to the theoretical Diesel combustion cycle. The
non-use of a throttle during normal operation is indicative of a diesel
engine.
Dual fuel vehicle (or engine) means any motor vehicle (or motor
vehicle engine) engineered and designed to be operated on two different
fuels, but not on a mixture of fuels.
Emission credits mean the amount of emission reductions or
exceedances, by a heavy-duty engine family, below or above the emission
standard, respectively. Emission credits below the standard are
considered as ``positive credits,'' while emission credits above the
standard are considered as ``negative credits.'' In addition,
``projected credits'' refer to emission credits based on the projected
U.S. production volume of the engine family. ``Reserved credits'' are
emission credits generated within a model year waiting to be reported to
EPA at the end of the model year. ``Actual credits'' refer to emission
credits based on actual U.S. production volumes as contained in the end-
of-year reports submitted to EPA. Some or all of these credits may be
revoked if EPA review of the end of year reports or any subsequent audit
actions uncover problems or errors.
Family emission limit (FEL) means an emission level declared by the
manufacturer which serves in lieu of an emission standard for
certification purposes in any of the averaging, trading,
[[Page 104]]
or banking programs. FELs must be expressed to the same number of
decimal places as the applicable emission standard. The FEL for an
engine family using NOX or particulate NCPs must equal the
value of the current NOX or particulate emission standard.
Flexible fuel vehicle (or engine) means any motor vehicle (or motor
vehicle engine) engineered and designed to be operated on any mixture of
two or more different fuels.
Methanol-fueled means any motor vehicle or motor vehicle engine that
is engineered and designed to be operated using methanol fuel (i.e., a
fuel that contains at least 50 percent methanol (CH3OH) by
volume) as fuel. Flexible fuel vehicles are methanol-fueled vehicles.
Non-oxygenated hydrocarbon means organic emissions measured by a
flame ionization detector, excluding methanol.
Otto-cycle means type of engine with operating characteristics
significantly similar to the theoretical Otto combustion cycle. The use
of a throttle during normal operation is indicative of an Otto-cycle
engine.
Primary intended service class means:
(a) The primary service application group for which a heavy-duty
diesel engine is designed and marketed, as determined by the
manufacturer. The primary intended service classes are designated as
light, medium, and heavy heavy-duty diesel engines. The determination is
based on factors such as vehicle GVW, vehicle usage and operating
patterns, other vehicle design characteristics, engine horsepower, and
other engine design and operating characteristics.
(1) Light heavy-duty diesel engines usually are non-sleeved and not
designed for rebuild; their rated horsepower generally ranges from 70 to
170. Vehicle body types in this group might include any heavy-duty
vehicle built for a light-duty truck chassis, van trucks, multi-stop
vans, recreational vehicles, and some single axle straight trucks.
Typical applications would include personal transportation, light-load
commercial hauling and delivery, passenger service, agriculture, and
construction. The GVWR of these vehicles is normally less than 19,500
lbs.
(2) Medium heavy-duty diesel engines may be sleeved or non-sleeved
and may be designed for rebuild. Rated horsepower generally ranges from
170 to 250. Vehicle body types in this group would typically include
school buses, tandem axle straight trucks, city tractors, and a variety
of special purpose vehicles such as small dump trucks, and trash
compactor trucks. Typical applications would include commercial short
haul and intra-city delivery and pickup. Engines in this group are
normally used in vehicles whose GVWR varies from 19,500-33,000 lbs.
(3) Heavy heavy-duty diesel engines are sleeved and designed for
multiple rebuilds. Their rated horsepower generally exceeds 250.
Vehicles in this group are normally tractors, trucks, and buses used in
inter-city, long-haul applications. These vehicles normally exceed
33,000 lbs. GVWR.
Production weighted particulate average means the manufacturer's
production-weighted average particulate emission level, for
certification purposes, of all of its diesel engine families included in
the light-duty particulate averaging program. It is calculated at the
end of the model year by multiplying each family particulate emission
limit by its respective production, summing those terms, and dividing
the sum by the total production of the effected families. Those vehicles
produced for sale in California or at high altitude shall each be
averaged separately from those produced for sale in any other area.
Throttle means a device used to control an engine's power output by
limiting the amount of air entering the combustion chamber.
Total Hydrocarbon Equivalent means the sum of the carbon mass
emissions of non-oxygenated hydrocarbons, methanol, formaldehyde or
other organic compounds that are separately measured, expressed as
gasoline-fueled vehicle hydrocarbons. In the case of exhaust emissions,
the hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1. In
the case of diurnal and hot soak emissions, the hydrogen-to-carbon
ratios of the equivalent hydrocarbons are 2.33:1 and 2.2:1,
respectively.
[[Page 105]]
Trading means the exchange of heavy-duty engine NOX or
particulate emission credits between manufacturers.
Useful life means:
(a) For light-duty vehicles a period of use of 5 years or 50,000
miles, whichever first occurs.
(b) For a light-duty truck engine family, a period of use of 11
years or 120,000 miles, whichever occurs first.
(c) For an Otto-cycle heavy-duty engine family, a period of use of 8
years of 110,000 miles, whichever first occurs.
(d) For a diesel heavy-duty engine family:
(1) For light heavy-duty diesel engines, period of use of 8 years or
110,000 miles, whichever first occurs.
(2) For medium heavy-duty diesel engines, a period of use of 8 years
or 185,000 miles, whichever first occurs.
(3) For heavy heavy-duty diesel engines, a period of use of 8 years
or 290,000 miles, whichever first occurs.
(e) As an option for both light-duty truck and heavy-duty engine
families, an alternative useful life period assigned by the
Administrator under the provisions of paragraph (f) of Sec. 86.090-21.
(f) The useful-life period for purposes of the emissions defect
warranty and emissions performance warranty shall be a period of 5
years/50,000 miles whichever first occurs, for light-duty trucks, Otto
cycle heavy-duty engines and light heavy-duty diesel engines. For all
other heavy-duty diesel engines the aforementioned period is 5 years/
100,000 miles, whichever first occurs. However, in no case may this
period be less than the manufacturer's basic mechanical warranty period
for the engine family.
[55 FR 30612, July 26, 1990, as amended at 60 FR 34334, June 30, 1995;
62 FR 31233, June 6, 1997]
Sec. 86.090-3 Abbreviations.
(a) The abbreviations in Sec. 86.078-3 remain effective. The
abbreviations in this section apply beginning with the 1990 model year.
(b) The abbreviations in this section apply to this subpart, and
also to subparts B, E, F, M, N, and P of this part, and have the
following meanings:
DNPH--2,4-dinitrophenylhydrazine.
FEL--Family emission limit.
GC--Gas chromatograph.
HPLC--High-pressure liquid chromatography.
MeOH--Methanol (CH3OH).
Mg--Megagram(s) (1 million grams)
MJ--Megajoule(s) (1 million joules)
THCE--Total Hydrocarbon Equivalent
UV--Ultraviolet.
[55 FR 30613, July 26, 1990, as amended at 60 FR 34335, June 30, 1995]
Sec. 86.090-5 General standards; increase in emissions; unsafe conditions.
(a)(1) Every new motor vehicle (or new motor vehicle engine)
manufactured for sale, sold, offered for sale, introduced, or delivered
for introduction to commerce, or imported into the United States for
sale or resale which is subject to any of the standards prescribed in
this subpart shall be covered by a certificate of conformity issued
pursuant to Sec. Sec. 86.090-21, 86.090-22, 86.090-23, 86.090-29,
86.090-30, 86.079-31, 86.079-32, 86.079-33, and 86.082-34.
(2) No heavy-duty vehicle manufacturer shall take any of the actions
specified in section 203(a)(1) of the Act with respect to any Otto-cycle
or diesel heavy-duty vehicle which uses an engine which has not been
certified as meeting applicable standards.
(3) Notwithstanding paragraphs (a) (1) and (2) of this section, a
light or heavy duty motor vehicle equipped with an engine certified to
the nonroad provision of 40 CFR part 89 may be sold, offered for sale or
otherwise introduced into commerce by a motor vehicle manufacturer to a
secondary manufacturer if the motor vehicle manufacturer obtains written
assurance from the secondary manufacturer that such vehicle will be
converted to a nonroad vehicle or to a piece of nonroad equipment, as
defined in 40 CFR part 89, before title is transferred to an ultimate
purchaser. Failure of the secondary manufacturer to convert such
vehicles to nonroad vehicles or equipment prior to transfer to an
ultimate purchaser shall be considered a violation of section 203(a) (1)
and (3) of the Clean Air Act.
(b)(1) Any system installed on or incorporated in a new motor
vehicle (or new motor vehicle engine) to enable such vehicle (or engine)
to conform to standards imposed by this subpart.
[[Page 106]]
(i) Shall not in its operation or function cause the emission into
the ambient air of any noxious or toxic substance that would not be
emitted in the operation of such vehicle (or engine) without such
system, except as specifically permitted by regulation; and
(ii) Shall not in its operation, function or malfunction result in
any unsafe condition endangering the motor vehicle, its occupants, or
persons or property in close proximity to the vehicle.
(2) In establishing the physically adjustable range of each
adjustable parameter on a new motor vehicle (or new motor vehicle
engine), the manufacturer shall ensure that, taking into consideration
the production tolerances, safe vehicle driveability characteristics are
available within that range, as required by section 202(a)(4) of the
Clean Air Act.
(3) Every manufacturer of new motor vehicles (or new motor vehicle
engines) subject to any of the standards imposed by this subpart shall,
prior to taking any of the actions specified in section 203(a)(1) of the
Act, test or cause to be tested motor vehicles (or motor vehicle
engines) in accordance with good engineering practice to ascertain that
such test vehicles (or test engines) will meet the requirements of this
section for the useful life of the vehicle (or engine).
[54 FR 14460, Apr. 11, 1989, as amended at 61 FR 58106, Nov. 12, 1996]
Sec. 86.090-8 Emission standards for 1990 and later model year light-duty
vehicles.
(a)(1) Exhaust emissions from 1990 and later model year light-duty
vehicles shall not exceed (compliance with these standards is optional
for 1990 model year methanol-fueled vehicles):
(i)(A) Hydrocarbons (for petroleum-fueled Otto-cycle and diesel
vehicles). 0.41 gram per vehicle mile (0.26 gram per vehicle kilometer).
(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and
diesel vehicles). 0.41 gram per vehicle mile (0.26 gram per vehicle
kilometer).
(ii) Carbon monoxide. 3.4 grams per vehicle mile (2.1 grams per
vehicle kilometer).
(iii) Oxides of nitrogen. 1.0 gram per vehicle mile (0.63 gram per
vehicle kilometer).
(iv) Particulate (for diesel vehicles only).
(A) 0.20 gram per vehicle mile (0.12 gram per vehicle kilometer).
(B) A manufacturer may elect to include all or some of its diesel
light-duty vehicle engine families in the appropriate particulate
averaging program (petroleum or methanol), provided that vehicles
produced for sale in California or in designated high-altitude areas may
be averaged only within each of these areas. Averaging is not permitted
between fuel types. If the manufacturer elects to average light-duty
vehicles and light-duty trucks together in the appropriate particulate
averaging program, its composite particulate standard applies to the
combined set of light-duty vehicles and light-duty trucks included in
the average and is calculated as defined in Sec. 86.090-2.
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over a driving schedule as set forth in
subpart B of this part and measured and calculated in accordance with
those procedures.
(b) Fuel evaporative emissions from 1990 and later model year light-
duty vehicles shall not exceed (compliance with these standards is
optional for l990 model year methanol-fueled engines):
(1) Hydrocarbons (for gasoline-fueled vehicles). 2.0 grams per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 2.0
grams carbon per test.
(3) The standards set forth in paragraphs (b) (1) and (2) of this
section refers to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1990 and later model year Otto-cycle or methanol-
fueled diesel light-duty vehicle.
(d)-(f) [Reserved]
(g) Any 1990 and later model year light-duty vehicle that a
manufacturer wishes to certify for sale shall meet the
[[Page 107]]
emission standards under both low- and high-altitude conditions as
specified in Sec. 86.082-2, except as provided in paragraphs (h) and
(i) of this section. Vehicles shall meet emission standards under both
low- and high-altitude conditions without manual adjustments or
modifications. Any emission control device used to meet emission
standards under high-altitude conditions shall initially actuate
(automatically) no higher than 4,000 feet above sea level.
(h) The manufacturer may exempt 1990 and later model year vehicles
from compliance at high altitude with the emission standards set forth
in paragraphs (a) and (b) of this section if the vehicles are not
intended for sale at high altitude and if the requirements of paragraphs
(h) (1) and (2) of this section are met.
(1) A vehicle configuration shall only be considered eligible for
exemption under paragraph (h) of this section if the requirements of
either paragraph (h) (l) (i), (ii), (iii), or (iv) of this section are
met.
(i) Its design parameters (displacement-to-weight ratio (D/W) and
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted
range for that manufacturer for that year. The exempted range is
determined according to the following procedure:
(A) The manufacturer shall graphically display the D/W and N/V data
of all vehicle configurations it will offer for the model year in
question. The axis of the abscissa shall be D/W (where (D) is the engine
displacement expressed in cubic centimeters and (W) is the equivalent
vehicle test weight expressed in pounds), and the axis of the ordinate
shall be N/V (where (N) is the crankshaft speed expressed in revolutions
per minute and (V) is the vehicle speed expressed in miles per hour). At
the manufacturer's option, either the 1:1 transmission gear ratio or the
lowest numerical gear ratio available in the transmission will be used
to determine N/V. The gear selection must be the same for all N/V data
points on the manufacturer's graph. For each transmission/axle ratio
combination, only the lowest N/V value shall be used in the graphical
display.
(B) The product line is then defined by the equation, N/V=C(D/
W)-0., where the constant, C, is determined by the
requirement that all the vehicle data points either fall on the line or
lie to the upper right of the line as displayed on the graphs.
(C) The exemption line is then defined by the equation, N/V=C(0.84
D/W)-0.9, where the constant, C is the same as that found in
paragraph (h)(1)(i)(B) of this section.
(D) The exempted range includes all values of N/V and D/W which
simultaneously fall to the lower left of the exemption line as drawn on
the graph.
(ii) Its design parameters fall within the alternate exempted range
for that manufacturer that year. The alternate exempted range is
determined by substituting rated horsepower (hp) for displacement (D) in
the exemption procedure described in paragraph (h)(1)(i) of this section
and by using the product line N/V=C(hp/W)-0.9.
(A) Rated horsepower shall be determined by using the Society of
Automotive Engineers Test Procedure J 1349, or any subsequent version of
that test procedure. Any of the horsepower determinants within that test
procedure may be used, as long as it is used consistently throughout the
manufacturer's product line in any model year.
(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this
section to any manufacturer that has exempted vehicle configurations as
set forth in paragraph (h)(1)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to
accelerate from 0 miles per hour to a speed not less than 40 miles per
hour and not greater than 50 miles per hour) under high-altitude
conditions is greater than the largest acceleration time under low-
altitude conditions for that manufacturer for that year. The procedure
to be followed in making this determination is:
(A) The manufacturer shall list the vehicle configuration and
acceleration time under low-altitude conditions of that vehicle
configuration which has the highest acceleration time under low-altitude
conditions of all the vehicle configurations it will offer for the model
year in question. The manufacturer shall also submit a description of
the methodology used to make this determination.
[[Page 108]]
(B) The manufacturer shall then list the vehicle configurations and
acceleration times under high-altitude conditions of all those vehicle
configurations which have higher acceleration times under high-altitude
conditions than the highest acceleration time at low altitude identified
in paragraph (h)(1)(iii)(A) of this section.
(iv) In lieu of performing the test procedure of paragraphs
(h)(1)(iii) (A) and (B) of this section, its acceleration time can be
estimated based on the manufacturer's engineering evaluation, in
accordance with good engineering practice, to meet the exemption
criteria of paragraph (h)(1)(iii) of this section.
(2) A vehicle shall only be considered eligible for exemption under
this paragraph if at least one configuration of its model type (and
transmission configuration in the case of vehicles equipped with manual
transmissions, excluding differences due to the presence of overdrive)
is certified to meet emission standards under high-altitude conditions
as specified in paragraph (a) through (g) of this section. The
Certificate of Conformity (the Certificate) covering any exempted con
fig u ra tion(s) will also apply to the corresponding non-exempt con fig
u ra tion(s) required under this subparagraph. As a condition to the
exemption, any suspension, revocation, voiding, or withdrawal of the
Certificate as it applies to a non-exempt configuration for any reason
will result in a suspension of the Certificate as it applies to the
corresponding exempted con fig u ra tion(s) of that model type, unless
there is at least one other corresponding non-exempt con fig u ra tion
of the same model type still covered by the Certificate. The suspension
of the Certificate as it applies to the exempted con fig u ra tion(s)
will be terminated when any one of the following occurs:
(i) Another corresponding non-exempt con figuration(s) receive(s)
coverage under the Certificate; or
(ii) Suspension of the Certificate as it applies to the
corresponding non-exempt con fig u ra tion(s) is terminated; or
(iii) The Agency's action(s), with respect to suspension,
revocation, voiding or withdrawal of the Certificate as it applies to
the corresponding non-exempt con fig u ra tion(s), is reversed.
(3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph (h)
of this section will be considered a violation of Section 203(a)(1) of
the Clean Air Act.
(i)(1) The manufacturers may exempt 1990 and later model year
vehicles from compliance at low altitude with the emission standards set
forth in paragraphs (a) and (b) of this section if the vehicles:
(i) Are not intended for sale at low altitude; and
(ii) Are equipped with a unique, high-altitude axle ratio (rear-
wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel
drive vehicles) with a higher N/V ratio than other con fig u ra tions of
that model type which are certified in compliance with the emission
standards of paragraphs (a) and (b) of this section under low-altitude
conditions.
(2) The sale of a vehicle for principal use at low altitude that has
been exempted as set forth in paragraph (h)(1) of this section will be
considered a violation of section 203(a)(1) of the Clean Air Act.
[54 FR 14461, Apr. 11, 1989]
Sec. 86.090-9 Emission standards for 1990 and later model year light-duty
trucks.
(a)(1) The standards set forth in paragraphs (a) through (c) of this
section shall apply to light-duty trucks sold for principal use at other
than a designated high-altitude location. Exhaust emissions from 1990
and later model year light-duty trucks shall not exceed (compliance with
these standards is optional for 1990 model year methanol-fueled
vehicles):
(i)(A) Hydrocarbons (for petroleum-fueled Otto-cycle and diesel
light-duty trucks). 0.80 gram per vehicle mile (0.50 gram per vehicle
kilometer).
(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and
diesel light-duty trucks). 0.80 gram per vehicle mile (0.50 gram per
vehicle kilometer).
(ii) Carbon monoxide. (A) 10 grams per vehicle mile (6.2 grams per
vehicle kilometer).
[[Page 109]]
(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle
and methanol-fueled diesel light-duty trucks only).
(iii) Oxides of nitrogen. (A) For light-duty trucks up to and
including 3,750 lbs loaded vehicle weight, 1.2 grams per vehicle mile
(0.75 gram per vehicle kilometer).
(B) For light-duty trucks greater loaded vehicle weight, 1.7 grams
per vehicle mile (1.1 grams per vehicle kilometer).
(C) A manufacturer may elect to include all or some of its light-
duty truck engine families in the NOX averaging program,
provided that trucks produced for sale in California or in designated
high-altitude areas may be averaged only within each of those areas.
Petroleum-fueled and methanol-fueled engine families may not be averaged
together. Otto-cycle and diesel engines families also may not be
averaged together. If the manufacturer elects to participate in the
NOX averaging program, individual family NOX
emission limits may not exceed 2.3 grams per mile. If the manufacturer
elects to average together NOX emissions of light-duty trucks
subject to the standards of paragraphs (a)(1)(iii)(A) and (a)(1)(iii)(B)
of this section, its composite NOX standard applies to the
combined fleets of light-duty trucks up to and including, and over,
3,750 lbs loaded vehicle weight included in the average and is
calculated as defined in Sec. 86.088-2.
(iv) Particulate (for diesel light-duty trucks only). (A) For light-
duty trucks up to and including 3,750 lbs. loaded vehicle weight, 0.26
gram per vehicle mile (0.16 gram per vehicle kilometer).
(B) For light-duty trucks 3,751 lbs and greater loaded vehicle
weight, 0.45 gram per vehicle mile (0.28 gram per vehicle kilometer).
(C) A manufacturer may elect to include all or some of its diesel
light-duty truck engine families subject to the standard of paragraph
(a)(1)(w)(A) of this section in the appropriate particulate averaging
program (petroleum or methanol), provided that trucks produced for sale
in California or in designated high-altitude areas may be averaged only
within each of those areas. Averaging is not permitted between fuel
types. If the manufacturer elects to average both light-duty trucks
subject to the standard of paragraph (a)(1)(w)(A) of this section and
light-duty vehicles together in the appropriate particulate averaging
program, its composite particulate standard applies to the combined set
of light-duty vehicles and light-duty trucks included in the average and
is calculated as defined in Sec. 86.088-2.
(2) The standards set forth in paragraphs (a)(1)(i), (a)(1)(ii)(A),
(a)(1)(iii), and (a)(1)(iv) of this section refer to the exhaust emitted
over a driving schedule as set forth in subpart B of this part and
measured and calculated in accordance with those procedures. The
standard set forth in paragraph (a)(1)(ii)(B) of this section refers to
the exhaust emitted at curb idle and measured and calculated in
accordance with the procedures set forth in subpart P of this part.
(b) Fuel evaporative emissions from 1990 and later model year light-
duty trucks shall not exceed (compliance with these standards is
optional for 1990 model year methanol-fueled vehicles):
(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.0 grams
per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty
trucks). 2.0 grams per test.
(3) The standards set forth in paragraphs (b) (1) and (2) of this
section refer to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1990 and later model year light-duty truck.
(d)(1) Model year 1990 and later light-duty trucks sold for
principal use at a designated high-altitude location shall be capable of
meeting the following exhaust emission standards when tested under high-
altitude conditions:
(i)(A) Hydrocarbons (for petroleum-fueled Otto-cycle and diesel
light-duty trucks). 1.0 grams per vehicle mile (0.62 grams per vehicle
kilometer).
(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and
diesel light-duty trucks). 1.0 gram per vehicle mile (0.62 gram per
vehicle kilometer).
[[Page 110]]
(ii) Carbon Monoxide. (A) 14 grams per vehicle mile (8.7 grams per
vehicle kilometer).
(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle
and methanol-fueled diesel light-duty trucks only).
(iii) Oxides of Nitrogen. (A) For light-duty trucks up to and
including 3,750 lbs loaded vehicle weight, 1.2 grams per vehicle mile
(0.75 grams per vehicle kilometer).
(B) For light-duty trucks 3,751 lbs and greater loaded vehicle
weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).
(iv) Particulate (for diesel light-duty trucks only). For light-duty
trucks up to and including 3,750 lbs loaded vehicle weight, 0.26 gram
per vehicle mile (0.16 gram per vehicle kilometer).
(2) The standards set forth in paragraph (d)(1)(i), (d)(1)(ii)(A),
(d)(1)(iii), and (d)(1)(iv) of this section refer to the exhaust emitted
over a driving schedule as set forth in subpart B of this part and
measured and calculated in accordance with those procedures. The
standard set forth in paragraph (d)(1)(ii)(B) of this section refers to
the exhaust emitted at curb idle and measured and calculated in
accordance with the procedures set forth in subpart P of this part.
(e) Fuel evaporative emissions from 1990 and later model year light-
duty trucks sold for principal use at a designated high-altitude
location, when tested under high-altitude conditions, shall not exceed:
(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.6 grams
per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty
trucks). 2.6 grams per test.
(3) The standards set forth in paragraphs (e) (1) and (2) of this
section refer to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
(f) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1990 and later model year light-duty trucks sold for
principal use at a designated high-altitude location.
(g)(1) Any light-duty truck that a manufacturer wishes to certify
for sale at low altitude must be capable of meeting high-altitude
emission standards (specified in paragraphs (d) through (f) of this
section). The manufacturer may specify vehicle adjustments or
modifications to allow the vehicle to meet high-altitude standards but
these adjustments or modifications may not alter the vehicle's basic
engine, inertia weight class, transmission con fig u ra tion, and axle
ratio.
(i) A manufacturer may certify unique con fig u ra tions to meet the
high-altitude standards but is not required to certify these vehicle con
fig u ra tions to meet the low-altitude standards.
(ii) Any adjustments or modifications that are recommended to be
performed on vehicles to satisfy the requirements of paragraph (g)(1) of
this section:
(A) Shall be capable of being effectively performed by commercial
repair facilities, and
(B) Must be included in the manufacturer's application for
certification.
(2) The manufacturer may exempt 1990 and later model year vehicles
from compliance with the high-altitude emission standards set forth in
paragraphs (d) and (e) of this section if the vehicles are not intended
for sale at high altitude and if the following requirements are met. A
vehicle con fig u ra tion shall only be considered eligible for
exemption if the requirements of either paragraph (g)(2) (i), (ii),
(iii), or (iv) of this section are met.
(i) Its design parameters (displacement-to-weight ratio (D/W) and
engine speed to-vehicle-speed ratio (N/V)) fall within the exempted
range for that manufacturer for that year. The exempted range is
determined according to the following procedure:
(A) The manufacturer shall graphically display the D/W and N/V data
of all vehicle con fig u ra tions it will offer for the model year in
question. The axis of the abscissa shall be D/W (where (D) is the engine
displacement expressed in cubic centimeters and (W) is the gross vehicle
weight (GVW) expressed in pounds), and the axis of the ordinate shall be
N/V (where (N) is the crankshaft speed expressed in revolutions per
minute and (V) is the vehicle speed expressed in miles per hour). At the
manufacturer's option, either the
[[Page 111]]
1:1 transmission gear ratio or the lowest numerical gear ratio available
in the transmission will be used to determine N-V. The gear selection
must be the same for all N/V data points on the manufacturer's graph.
For each transmission/axle ratio combination, only the lowest N/V value
shall be used in the graphical display.
(B) The product line is then defined by the equation, N/V = C(D/
W)-0.9, where the constant, C, is determined by the
requirement that all the vehicle data points either fall on the line or
lie to the upper right of the line as displayed on the graphs.
(C) The exemption line is then defined by the equation, N/V = C(0.84
D/W)-0.9, where the constant, C is the same as that found in
paragraph (g)(2)(i)(B) of this section.
(D) The exempted range includes all values of N/V and D/W which
simultaneously fall to the lower left of the exemption line as drawn on
the graph.
(ii) Its design parameters fall within the alternate exempted range
for that manufacturer that year. The alternate exempted range is
determined by substituting rated horsepower (hp) for displacement (D) in
the exemption procedure described in paragraph (g)(2)(i) of this section
and by using the product line N/V = C(hp/W)-0.9.
(A) Rated horsepower shall be determined by using the Society of
Automotive Engineers Test Procedure J 1349, or any subsequent version of
that test procedure. Any of the horsepower determinants within that test
procedure may be used, as long as it is used consistently throughout the
manufacturer s product line in any model year.
(B) No exemptions will be allowed under paragraph (g)(2)(ii) of this
section to any manufacturer that has exempted vehicle con fig u ra tions
as set forth in paragraph (g)(2)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to
accelerate from 0 to a speed not less than 40 miles per hour and not
greater than 50 miles per hour) under high-altitude conditions is
greater than the largest acceleration time under low-altitude conditions
for that manufacturer for that year. The procedure to be followed in
making this determination is:
(A) The manufacturer shall list the vehicle con fig u ra tion and
acceleration time under low-altitude conditions of that vehicle con fig
u ra tion which has the highest acceleration time under low-altitude
conditions of all the vehicle con fig u ra tions it will offer for the
model year in question. The manufacturer shall also submit a description
of the methodology used to make this determination.
(B) The manufacturer shall then list the vehicle con fig u ra tions
and acceleration times under high-altitude conditions of all those
vehicle con fig u ra tions which have higher acceleration times under
high-altitude conditions than the highest acceleration time at low
altitude identified in paragraph (g)(2)(iii)(A) of this section.
(iv) In lieu of performing the test procedure of paragraph
(g)(2)(iii) of this section, its acceleration time can be estimated
based on the manufacturer's engineering evaluation, in accordance with
good engineering practice, to meet the exemption criteria of paragraph
(g)(2)(iii) of this section.
(3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph
(g)(2) of this section will be considered a violation of section
203(a)(1) of the Clean Air Act.
[52 FR 47865, Dec. 16, 1987, as amended at 54 FR 14462, Apr. 11, 1989]
Sec. 86.090-14 Small-volume manufacturers certification procedures.
(a) The small-volume manufacturers certification procedures
described in paragraphs (b) and (c) of this section are optional. Small-
volume manufacturers may use these optional procedures to demonstrate
compliance with the general standards and specific emission requirements
contained in this subpart.
(b)(1) The optional small-volume manufacturers certification
procedures apply to light-duty vehicles, light-duty trucks, and heavy-
duty engines produced by manufacturers with U.S. sales (for the model
year in which certification is sought) of fewer than 10,000 units
(light-duty vehicles, light-duty trucks, and heavy-duty engines
combined).
[[Page 112]]
(2) For the purpose of determining the applicability of paragraph
(b)(1) of this section, where there is more than one importer or
distributor of vehicles and/or engines manufactured by the same person,
the sales the Administrator shall use shall be the aggregate of the
projected or actual sales of those vehicles and/or engines by all of the
importers and distributors.
(c) Small-volume manufacturers shall demonstrate compliance with the
applicable sections of this subpart as follows:
(1) Sections 86.090-1, 86.088-2, 86.090-3, 86.084-4, 86.090-5,
86.078-6, 86.078-7, and 86.090-8 through 86.090-11 are applicable.
(2) Section 86.080-12 is not applicable.
(3) Sections 86.085-13, 86.090-14, 86.084-15, and 86.085-20 are
applicable.
(4) Small-volume manufacturers shall include in its records all of
the information that EPA requires in Sec. 86.090-21. This information
will be considered part of the manufacturer's application for
certification. However, the manufacturer is not required to submit the
information to the Administrator unless the Administrator requests it.
(5) Section 86.085-22 is applicable except as noted below.
(i) Small-volume light-duty vehicle and light-duty truck
manufacturers may satisfy the requirements of paragraph (e) of Sec.
86.085-22 by including a statement of compliance on adjustable
parameters in the application for certification. In the statement of
compliance the manufacturer shall state that the limits, stops, seals,
or other means used to inhibit adjustment have been designed to
accomplish their intended purpose based on good engineering practice and
past experience. If the vehicle parameter is adjustable the vehicle must
meet emission standards with the parameter set any place within the
adjustable range (reference Sec. 86.090-21).
(ii) Paragraphs (a), (b), (c), and (d) of Sec. 86.085-22 are not
applicable.
(6) Section 86.090-23 is applicable.
(7) Section 86.085-24 is applicable except as noted below.
(i) Small-volume manufacturers may satisfy the requirements of
paragraphs (b) and (c) of Sec. 86.085-24 by:
(A) Selecting emission-data test vehicles (engines) by the worst
case emissions criteria as follows:
(1) Light-duty vehicles and light-duty trucks. The test vehicle
shall be selected based on the following criteria: The manufacturer
shall select the heaviest (including options) vehicle within the family.
Then within that vehicle it shall select, in the order listed, the
largest frontal area, largest displacement, the highest numerical axle
ratio with the largest tire offered in the engine family, and the
maximum fuel flow calibration.
(2) Heavy-duty Otto-cycle engines. The manufacturer shall select the
worst case emission-data engine first based on the largest displacement
within the engine family. Then within the largest displacement the
manufacturer shall select, in the order listed, highest fuel flow at the
speed of maximum rated torque, the engine with the most advance spark
timing, no EGR or lowest EGR flow, and no air pump or lowest actual flow
air pump.
(3) Heavy-duty diesel engines. The manufacturer shall select in each
engine family the worst case emission data engine based on the highest
fuel feed per stroke, primarily at the speed of maximum rated torque and
secondarily at rated speed.
(B) Testing light-duty vehicle or light-duty truck emission-data
vehicles at any service accumulation distance less than 6,436 kilometers
(4,000 miles) or heavy-duty engine emission-data engines at any service
accumulation time less than 125 hours.
(C) Using assigned deterioration factors that the Administrator
determines and prescribes. However, the manufacturer may, at its option,
accumulate miles (hours) on a durability-data vehicle (engine) and
complete emission tests for the purpose of establishing its own
deterioration factor.
(ii) Paragraphs (d) and (e) of Sec. 86.085-24 are not applicable.
(8) Section 86.090-25 is applicable to durability-data light-duty
vehicles, light-duty trucks, and heavy-duty engines if the manufacturer
does not use assigned deterioration factors.
(9) Sections 86.084-26 and 86.085-27 are not applicable.
[[Page 113]]
(10) Sections 86.090-28 and 86.090-29 are applicable.
(11)(i) Section 86.090-30 of this subpart is applicable, except for
paragraphs (a)(2) and (b) of that section. In the place of these
paragraphs, small-volume manufacturers shall comply with paragraphs
(c)(11) (ii) through (v) of this section.
(ii) Small-volume manufacturers shall submit an application for
certification containing the following:
(A) The names, addresses, and telephone numbers of the persons the
manufacturer authorizes to communicate with us.
(B) A brief description of the vehicles (or engines) covered by the
certificate (the manufacturers' sales data book or advertising,
including specifications, may satisfy this requirement for most
manufacturers). The description shall include, as a minimum, the
following items as applicable:
(1) Engine families and vehicle (or engine) con fig u ra tions.
(2) Vehicle or engine models to be listed on the certificate of
conformity.
(3) The test weight and horsepower setting for each vehicle or
engine con fig u ra tion.
(4) Projected sales.
(5) Combustion cycle.
(6) Cooling mechanism.
(7) Number of cylinders.
(8) Displacement.
(9) Fuel system type.
(10) Number of catalytic converters, volume, and composition.
(11) Method of air aspiration.
(12) Thermal reactor characteristics.
(13) Suppliers' and/or manufacturer's name and model number of any
emission-related items identified in paragraphs (c)(11)(ii)(B) (1)
through (12) of this section, if purchased from a supplier or
manufacturer who uses the items in its own certified vehicles(s) or
engine(s).
(14) A list of emission component part numbers.
(15) Drawings, calibration curves, and descriptions of emission
related components, including those components regulated under paragraph
(e) of Sec. 86.085-22, and schematics of hoses and other devices
connecting these components.
(16) Vehicle adjustments or modifications necessary for light duty
trucks to assure that they conform to high altitude standards.
(17) A description of the light-duty vehicles and light-duty trucks
that are exempted from either the low- or high-altitude emission
standards, as applicable.
(C) The results of all emission tests the manufacturer performs to
demonstrate compliance with the applicable standards.
(D)(1) The following statement signed by the authorized
representative of the manufacturer: ``The vehicles (or engines)
described herein have been tested in accordance with [list of the
applicable subparts A, B, D, I, N, or P] of part 86, title 40, United
States Code of Federal Regulations, and on the basis of those tests are
in conformance with that subpart. All of the data and records required
by that subpart are on file and are available for inspection by the EPA
Administrator. We project the total U.S. sales of vehicles (engines)
subject to this subpart to be fewer than 10,000 units.''
(2) A statement as required by and contained in paragraph (c)(5) of
Sec. 86.090-14 signed by the authorized representative of the
manufacturer.
(3) A statement that the vehicles or engines described in the
manufacturers application for certification are not equipped with
auxiliary emission control devices which can be classified as a defeat
device as defined in Sec. 86.084-2.
(4) A statement of compliance with section 206(a)(3) of the Clean
Air Act.
(5) A statement that, based on the manufacturer's engineering
evaluation and/or emission testing, the light-duty vehicles comply with
emission standards at high altitude unless exempt under paragraph (h) of
Sec. 86.090-8.
(6) A statement that, based on the manufacturers engineering
evaluation and/or emission testing, the light-duty trucks sold for
principle use at designated high-altitude locations comply with the
high-altitude emission requirements and that all other light-duty trucks
are at least capable of being modified to meet high altitude standards
unless exempt under paragraph (g)(2) of Sec. 86.090-9.
[[Page 114]]
(iii) If the manufacturer meets requirements of this subpart, the
Administrator will issue a certificate of conformity for the vehicles
described in the application for certification.
(iv) The certificate will be issued for such a period not to exceed
one model year as the Administrator may determine and upon such terms as
he may deem necessary to assure that any vehicle or engine covered by
the certificate will meet the requirements of the Act and of this
subpart.
(v)(A) If, after a review of the statements and descriptions
submitted by the manufacturer, the Administrator determines that the
manufacturer has not met the applicable requirements, the Administrator
shall notify the manufacturer in writing, setting forth the basis for
his determination. The manufacturer may request a hearing on the
Administrator's determination.
(B) If the manufacturer does not request a hearing or present the
required information the Administrator will deny certification.
(12) Sections 86.079-31 and 86.079-32 are not applicable
(13) Under Sec. 86.079-33, small-volume manufacturers are covered
by the following:
(i) Small-volume manufacturers may make production changes (running
changes) without receiving the Administrator's prior approval. The
manufacturer shall assure (by conducting emission tests as it deems
necessary) that the affected vehicles (engines) remain in compliance
with the requirements of this part.
(ii) The manufacturer shall notify the Administrator within seven
days after implementing any production related change (running change)
that would affect vehicle emissions. This notification shall include any
changes to the information required under paragraph (c)(11)(ii) of this
section. The manufacturer shall also amend as necessary its records
required under paragraph (c)(4) of this section to conform with the
production design change.
(14) Section 86.082-34 is not applicable.
(15) Sections 86.090-35, 86.079-36, 86.082-37, 86.087-38, and
86.084-39 are applicable.
[54 FR 14466, Apr. 11, 1989]
Sec. 86.090-21 Application for certification.
(a) A separate application for a certificate of conformity shall be
made for each set of standards (or family emission limits, as
appropriate) and each class of new motor vehicles or new motor vehicle
engines. Such application shall be made to the Administrator by the
manufacturer and shall be updated and corrected by amendment.
(b) The application shall be in writing, signed by an authorized
representative of the manufacturer, and shall include the following:
(1)(i) Identification and description of the vehicles (or engines)
covered by the application and a description of their engine (vehicles
only), emission control system and fuel system components. This shall
include a detailed description of each auxiliary emission control device
(AECD) to be installed in or on any certification test vehicle (or
certification test engine).
(ii)(A) The manufacturer shall provide to the Administrator in the
application for certification:
(1) A list of those parameters which are physically capable of being
adjusted (including those adjustable parameters for which access is
difficult) and that, if adjusted to settings other than the
manufacturer's recommended setting, may affect emissions;
(2) A specification of the manufacturer's intended physically
adjustable range of each such parameter, and the production tolerances
of the limits or stops used to establish the physically adjustable
range;
(3) A description of the limits or stops used to establish the
manufacturer's intended physically adjustable range of each adjustable
parameter, or any other means used to inhibit adjustment;
(4) The nominal or recommended setting, and the associated
production tolerances, for each such parameter.
(B) The manufacturer may provide, in the application for
certification, information relating to why certain parameters are not
expected to be adjusted in actual use and to why the physical limits or
stops used to establish the physically adjustable range of each
parameter, or any other means
[[Page 115]]
used to inhibit adjustment, are expected to be effective in preventing
adjustment of parameters on in-use vehicles to settings outside the
manufacturer's intended physically adjustable ranges. This may include
results of any tests to determine the difficulty of gaining access to an
adjustment or exceeding a limit as intended or recommended by the
manufacturer.
(C) The Administrator may require to be provided detailed drawings
and descriptions of the various emission related components, and/or
hardware samples of such components, for the purpose of making his
determination of which vehicle or engine parameter will be subject to
adjustment for new certification and Selective Enforcement Audit testing
and of the physically adjustable range for each such vehicle or engine
parameter.
(2) Projected U.S. sales data sufficient to enable the Administrator
to select a test fleet representative of the vehicles (or engines) for
which certification is requested. The sales data shall also include the
altitude of intended sale for light-duty trucks.
(3) A description of the test equipment and fuel proposed to be
used.
(4)(i) For light-duty vehicles and light duty trucks, a description
of the test procedures to be used to establish the evaporative emission
deterioration factors required to be determined and supplied in Sec.
86.090-23(b)(2).
(ii) For heavy duty vehicles equipped with gasoline-fueled or
methanol-fueled engines, the Administrator does not assume that each
evaporative emission family-evaporative emission control system
combination will deteriorate in a unique manner during the useful life
of the vehicle. The manufacturer shall therefore identify those
evaporative emission deterioration factors which shall be applied to the
various evaporative emission family-evaporative emission control system
combinations which are expected to exhibit similar deterioration
characteristics during the useful life of the vehicle.
(iii)(A) A description of the test procedures to be used to
establish the durability data or the exhaust emission deterioration
factors required to be determined and supplied in Sec. 86.088-23(b)(1).
(B)(1) For engine families provided an alternative useful-life
period under paragraph (f) of this section, a statement of that
alternative period and a brief synopsis of the justification.
(2) For heavy-duty diesel engine families, a statement of the
primary intended service class (light, medium, or heavy) and an
explanation as to why that service class was selected. Each diesel
engine family shall be certified under one primary intended service
class only. After reviewing the guidance in Sec. 86.085-2, the class
shall be determined on the basis of which class best represents the
majority of the sales of that engine family.
(C)(1) A statement of recommended maintenance and procedures
necessary to assure that the vehicles (or engines) covered by a
certificate of conformity in operation conform to the regulations, and a
description of the program for training of personnel for such
maintenance, and the equipment required.
(2) A description of vehicle adjustments or modifications necessary,
if any, to assure that light-duty vehicles and light-duty trucks covered
by a certificate of conformity conform to the regulations while being
operated at any altitude locations, and a statement of the altitude at
which the adjustments or modifications apply.
(D) At the option of the manufacturer, the proposed composition of
the emission-data test fleet or (where applicable) the durability-data
test fleet.
(5)(i)(A) If the manufacturer elects to participate in the
particulate averaging program for diesel light-duty vehicles and/or
diesel light-duty trucks, the application must list the family
particulate emission limit and the projected U.S. production volume of
the family for the model year.
(B) The manufacturer shall choose the level of the family
particulate emission limits, accurate to one-hundredth of a gram per
mile.
(C) The manufacturer may at any time during production elect to
change the level of any family diesel particulate emission limit(s) by
submitting the new limit(s) to the Administrator and by demonstrating
compliance with the limit(s) as described in Sec. 86.085-2 and Sec.
86.088-28(b)(5)(i).
[[Page 116]]
(ii)(A) If the manufacturer elects to participate in the
NOX averaging program for light-duty trucks, the application
must list the family NOX emission limit and the projected
U.S. production volume of the family for the model year.
(B) The manufacturer shall choose the level of the family
NOX emission limits, accurate to one-tenth of a gram per
mile.
(C) The manufacturer may at any time during production elect to
change the level of any family NOX emission limit(s) by
submitting the new limits to the Administrator and by demonstrating
compliance with the limit(s) as described in Sec. 86.088-2 and Sec.
86.088-28(b)(5)(ii).
(iii) If the manufacturer elects to participate in any of the
particulate and/or the NOX banking programs for heavy-duty
engines, the application must list the information required in
Sec. Sec. 86.091-15 and 86.090-23.
(6)(i) For Otto-cycle heavy-duty engines, the application must state
whether the engine family is being certified for use in all vehicles
regardless of their Gross Vehicle Weight Rating (see Sec. 86.088-10
(a)(1)(i) and (a)(3)(i)), or, only for use in vehicles with a Gross
Vehicle Weight Rating greater than 14,000 pounds.
(ii) If the engine family is being certified for use in all vehicles
and, is being certified to the emission standards applicable to Otto-
cycle heavy-duty engines for use only in vehicles with a Gross Vehicle
Weight Rating over 14,000 pounds under the provisions of paragraph
(a)(3) of Sec. 86.088-10, then the application must also attest that
the engine family, together with all other engine families being
certified under the provisions of paragraph (a)(3) of Sec. 86.088-10,
represent no more than 5 percent of model year sales of the manufacturer
of all Otto-cycle heavy duty engines for use in vehicles with Gross
Vehicle Weight Ratings of up to 14,000 pounds.
(iii)(A) A description of the test procedures to be used to
establish the durability data or the exhaust emission deterioration
factors required to be determined and supplied in Sec. 86.088-23(b)(1).
(B)(1) A statement of the useful life of use of each light-duty
truck engine family and heavy-duty engine family.
(2) For engine families provided an alternative useful life period
under paragraph (f) of this section, a statement of that alternative
period and a brief synopsis of the justification.
(3) For heavy-duty diesel engine families, a statement of the
primary intended service class (light, medium, or heavy) and an
explanation as to why that service class was selected. Each diesel
engine family shall be certified under one primary intended service
class only. After reviewing the guidance in Sec. 86.085-2, the class
shall be determined on the basis of which class best represents the
majority of the sales of that engine family.
(7) For each light-duty vehicle engine family, a statement of
recommended maintenance and procedures necessary to assure that the
vehicles (or engines) covered by a certificate of conformity in
operation conform to the regulations, and a description of the program
for training of personnel for such maintenance and the equipment
required.
(8) For each light-duty vehicle engine family, the proposed
composition of the emission-data test fleet and the durability-data test
fleet.
(c) Complete copies of the application and of any amendments
thereto, and all notifications under Sec. 86.079-32, Sec. 86.079-33,
and Sec. 86.082-84 shall be submitted in such multiple copies as the
Administrator may require.
(d) Incomplete light-duty trucks shall have a maximum completed curb
weight and maximum completed frontal area specified by the manufacturer.
(e) For vehicles equipped with gasoline-fueled or methanol-fueled
heavy-duty engines, the manufacturer shall specify a maximum nominal
fuel tank capacity for each evaporative emission family-evaporative
emission control system combination.
(f) Light-duty truck and heavy-duty engine manufacturers who believe
that the useful life periods of Sec. 86.085-2 are significantly
unrepresentative for one or more engine families (either too long or too
short), may petition the Administrator to provide an alternative useful-
life period. This petition must include the full rationale behind
[[Page 117]]
the request together with any supporting data and other evidence. Based
on this or other information the Administrator may assign an alternative
useful-life period. Any petition should be submitted in a timely manner,
to allow adequate time for a thorough evaluation.
[54 FR 14468, Apr. 11, 1989, as amended at 55 FR 30618, July 26, 1990]
Sec. 86.090-22 Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment for
certification and Selective Enforcement Audit, adequacy of limits, and
physically adjustable ranges.
(a) After a review of the application for certification and any
other information which the Administrator may require, the Administrator
may approve the application and select a test fleet in accordance with
Sec. 86.090-24.
(b) The Administrator may disapprove in whole or in part an
application for certification for reasons including incompleteness,
inaccuracy, inappropriate proposed mileage (or service) accumulation
procedures, test equipment, or fuel, and incorporation of defeat devices
in vehicles (or on engines) described by the application.
(c) Where any part of an application is rejected, the Administrator
shall notify the manufacturer in writing and set forth the reasons for
such rejection. Within 30 days following receipt of such notification,
the manufacturer may request a hearing on the Administrator's
determination. The request shall be in writing, signed by an authorized
representative of the manufacturer and shall include a statement
specifying the manufacturer's objections to the Administrator's
determinations, and data in support of such objections. If, after the
review of the request and supporting data, the Administrator finds that
the request raises a substantial factual issue, he shall provide the
manufacturer a hearing in accordance with Sec. 86.078-6 with respect to
such issue.
(d)(1) The Administrator does not approve the test procedures for
establishing the evaporative emission deterioration factors for light-
duty vehicles and light-duty trucks. The manufacturer shall submit the
procedures as required in Sec. 86.090-21(b)(4)(i) prior to the
Administrator's selection of the test fleet under Sec. 86.090-24(b)(1)
and if such procedures will involve testing of durability-data vehicles
selected by the Administrator or elected by the manufacturer under Sec.
86.090-24(c)(1), prior to initiation of such testing.
(2) Light-duty trucks and heavy-duty engines only. The Administrator
does not approve the test procedures for establishing exhaust emission
deterioration factors. The manufacturer shall submit these procedures
and determinations as required in Sec. 86.090-21(b)(4)(iii) prior to
determining the deterioration factors.
(3) Heavy-duty vehicles equipped with gasoline-fueled or methanol-
fueled engines only. The Administrator does not approve the test
procedures for establishing the evaporative emission deterioration
factors. The test procedure will conform to the requirements in Sec.
86.090-23(b)(3).
(e) When the Administrator selects emission-data vehicles for the
test fleet, he will at the same time determine those vehicle or engine
parameters which will be subject to adjustment for certification,
Selective Enforcement Audit and Production Compliance Audit testing, the
adequacy of the limits, stops, seals, or other means used to inhibit
adjustment, and the resulting physically adjustable ranges for each such
parameter and notify the manufacturer of his determinations.
(1)(i) Except as noted in paragraph (e)(1)(iv) of this section, the
Administrator may determine to be subject to adjustment the idle fuel-
air mixture parameter on Otto-cycle vehicles (or engines) (carbureted or
fuel-injected); the choke valve action parameter(s) on carbureted, Otto-
cycle vehicles (or engines); or any parameter on any vehicle (or engine)
(Otto-cycle or diesel) which is physically capable of being adjusted,
may significantly affect emissions, and was not present on the
manufacturer's vehicles (or engines) in the previous model year in the
same form and function.
[[Page 118]]
(ii) The Administrator may, in addition, determine to be subject to
adjustment any other parameters on any vehicle or engine which is
physically capable of being adjusted and which may significantly affect
emissions. However, the Administrator may do so only if he has
previously notified the manufacturer that he might do so and has found,
at the time he gave this notice, that the intervening period would be
adequate to permit the development and application of the requisite
technology, giving appropriate consideration to the cost of compliance
within such period. In no event will this notification be given later
than September 1 of the calendar year two years prior to the model year.
(iii) In determining the parameters subject to adjustment the
Administrator will consider the likelihood that, for each of the
parameters listed in paragraphs (e)(1)(i) and (e)(1)(ii) of this
section, settings other than the manufacturer's recommended setting will
occur on in-use vehicles (or engines). In determining likelihood, the
Administrator may consider such factors as, but not limited to,
information contained in the preliminary application, surveillance
information from similar in-use vehicles (or engines), the difficulty
and cost of gaining access to an adjustment, damage to the vehicle (or
engine) if an attempt is made to gain such access and the need to
replace parts following such attempt, and the effect of settings other
than the manufacturer's recommended setting on vehicle (or engine)
performance characteristics including emission characteristics.
(iv) Manual chokes of heavy-duty engines only will not be considered
a parameter subject to adjustment under the parameter adjustment
requirements.
(2)(i) The Administrator shall determine a parameter to be
adequately inaccessible or sealed if:
(A) In the case of an idle mixture screw, the screw is recessed
within the carburetor casting and sealed with lead, thermosetting
plastic, or an inverted elliptical spacer or sheared off after
adjustment at the factory, and the inaccessibility is such that the
screw cannot be accessed and/or adjusted with simple tools in one-half
hour or for $20 (1978 dollars) or less.
(B) In the case of a choke bimetal spring, the plate covering the
bimetal spring is riveted or welded in place, or held in place with
nonreversible screws.
(C) In the case of a parameter which may be adjusted by elongating
or bending adjustable members (e.g., the choke vacuum break), the
elongation of the adjustable member is limited by design or, in the case
of a bendable member, the member is constructed of a material which when
bent would return to its original shape after the force is removed
(plastic or spring steel materials).
(D) In the case of any parameter, the manufacturer demonstrates that
adjusting the parameter to settings other than the manufacturer's
recommended setting takes more than one-half hour or costs more than $20
(1978 dollars).
(ii) The Administrator shall determine a physical limit or stop to
be an adequate restraint on adjustability if:
(A) In the case of a threaded adjustment, the threads are
terminated, pinned or crimped so as to prevent additional travel without
breakage or need for repairs which take more than one-half hour or cost
more than $20 (1978 dollars).
(B) The adjustment is ineffective at the end of the limits of travel
regardless of additional forces or torques applied to the adjustment.
(C) The manufacturer demonstrates that travel or rotation limits
cannot be exceeded with the use of simple and inexpensive tools
(screwdriver, pliers, open-end or box wrenches, etc.) without incurring
significant and costly damage to the vehicle (or engine) or control
system or without taking more than one-half hour or costing more than
$20 (1978 dollars).
(iii) If manufacturer service manuals or bulletins describe routine
procedures for gaining access to a parameter or for removing or
exceeding a physical limit, stop, seal or other means used to inhibit
adjustment, or if surveillance data indicate that gaining access,
removing, or exceeding is likely, paragraphs (e)(2)(i) and (e)(2)(ii) of
this section shall not apply for that parameter.
[[Page 119]]
(iv) In determining the adequacy of a physical limit, stop, seal, or
other means used to inhibit adjustment of a parameter not covered by
paragraph (e)(2)(i) or (e)(2)(ii) of this section, the Administrator
will consider the likelihood that it will be circumvented, removed, or
exceeded on in-use vehicles. In determining likelihood, the
Administrator may consider such factors as, but not limited to,
information contained in the preliminary application; surveillance
information from similar in-use vehicles (or engines); the difficulty
and cost of circumventing, removing, or exceeding the limit, stop, seal,
or other means; damage to the vehicle (or engine) if an attempt is made
to circumvent, remove, or exceed it and the need to replace parts
following such attempt; and the effect of settings beyond the limit,
stop, seal, or other means on vehicle (or engine) performance
characteristics other than emission characteristics.
(3) The Administrator shall determine two physically adjustable
ranges for each parameter subject to adjustment:
(i)(A) In the case of a parameter determined to be adequately
inaccessible or sealed, the Administrator may include within the
physically adjustable range applicable to testing under this subpart
(certification testing) all settings within the production tolerance
associated with the nominal setting for that parameter, as specified by
the manufacturer in the preliminary application for certification.
(B) In the case of other parameters, the Administrator shall include
within this range all settings within physical limits or stops
determined to be adequate restraints on adjustability. The Administrator
may also include the production tolerances on the location of these
limits or stops when determining the physically adjustable range.
(ii)(A) In the case of a parameter determined to be adequately
inaccessible or sealed, the Administrator shall include within the
physically adjustable range applicable to testing under subpart G or K
(Selective Enforcement Audit and Production Compliance Audit) only the
actual settings to which the parameter is adjusted during production.
(B) In the case of other parameters, the Administrator shall include
within this range all settings within physical limits or stops
determined to be adequate restraints on adjustability, as they are
actually located on the test vehicle (or engine).
(f)(1) If the manufacturer submits the information specified in
Sec. 86.090-21(b)(1)(ii) in advance of its full preliminary application
for certification, the Administrator shall review the information and
make the determinations required in paragraph (e) of this section within
90 days of the manufacturer's submittal.
(2) The 90-day decision period is exclusive of the elapsed time
during which EPA may request additional information from manufacturers
regarding an adjustable parameter and the receipt of the manufacturers'
response(s).
(g) Within 30 days following receipt of notification of the
Administrator's determinations made under paragraph (e) of this section,
the manufacturer may request a hearing on the Administrator's
determinations. The request shall be in writing, signed by an authorized
representative of the manufacturer, and shall include a statement
specifying the manufacturer's objections to the Administrator's
determinations, and data in support of such objections. If, after review
of the request and supporting data, the Administrator finds that the
request raises a substantial factual issue, he shall provide the
manufacturer a hearing in accordance with Sec. 86.078-6 with respect to
such issue.
[54 FR 14470, Apr. 11, 1989]
Sec. 86.090-24 Test vehicles and engines.
(a)(1) The vehicles or engines covered by an application for
certification will be divided into groupings of engines which are
expected to have similar emission characteristics throughout their
useful life. Each group of engines with similar emission characteristics
shall be defined as a separate engine family.
(2) To be classed in the same engine family, engines must be
identical in all the following respects:
[[Page 120]]
(i) The cylinder bore center-to-center dimensions.
(ii)-(iii) [Reserved]
(iv) The cylinder block configuration (air cooled or water cooled;
L-6, 90[deg] V-8, etc.).
(v) The location of the intake and exhaust valves (or ports).
(vi) The method of air aspiration.
(vii) The combustion cycle.
(viii) Catalytic converter characteristics.
(ix) Thermal reactor characteristics.
(x) Type of air inlet cooler (e.g., intercoolers and after-coolers)
for diesel heavy-duty engines.
(3)(i) Engines identical in all the respects listed in paragraph
(a)(2) of this section may be further divided into different engine
families if the Administrator determines that they may be expected to
have different emission characteristics. This determination will be
based upon a consideration of the following features of each engine:
(A) The bore and stroke.
(B) The surface-to-volume ratio of the nominally dimensioned
cylinder at the top dead center positions.
(C) The intake manifold induction port size and configuration.
(D) The exhaust manifold port size and configuration.
(E) The intake and exhaust valve sizes.
(F) The fuel system.
(G) The camshaft timing and ignition or injection timing
characteristics.
(ii) Light-duty trucks and heavy-duty engines produced in different
model years and distinguishable in the respects listed in paragraph
(a)(2) of this section shall be treated as belonging to a single engine
family if the Administrator requires it, after determining that the
engines may be expected to have similar emission deterioration
characteristics.
(4) Where engines are of a type which cannot be divided into engine
families based upon the criteria listed in paragraphs (a)(2) and (a)(3)
of this section, the Administrator will establish families for those
engines based upon those features most related to their emission
characteristics. Engines that are eligible to be included in the same
engine family based on the criteria in paragraphs (a)(2) and (a)(3)(i)
of this section may be further divided into different engine families if
the manufacturer determines that they may be expected to have different
emission characteristics. This determination will be based upon a
consideration of the following features of each engine:
(i) The dimension from the center line of the crankshaft to the
center line of the camshaft.
(ii) The dimension from the center line of the crankshaft to the top
of the cylinder block head face.
(iii) The size of the intake and exhaust valves (or ports).
(5) Gasoline-fueled and methanol-fueled light-duty vehicles and
light-duty trucks covered by an application for certification will be
divided into groupings which are expected to have similar evaporative
emission characteristics throughout their useful life. Each group of
vehicles with similar evaporative emission characteristics shall be
defined as a separate evaporative emission family.
(6) For gasoline-fueled or methanol-fueled light-duty vehicles and
light-duty trucks to be classed in the same evaporative emission family,
vehicles must be similar with respect to:
(i) Type of vapor storage device (e.g., canister, air cleaner,
crankcase).
(ii) Basic canister design.
(iii) Fuel system.
(7) Where vehicles are of a type which cannot be divided into
evaporative emission families based on the criteria listed above, the
Administrator will establish families for those vehicles based upon the
features most related to their evaporative emission characteristics.
(8)(i) If the manufacturer elects to participate in the Alternative
Durability Program, the engine families covered by an application for
certification shall be grouped based upon similar engine design and
emission control system characteristics. Each of these groups shall
constitute a separate engine family group.
(ii) To be classed in the same engine family group, engine families
must contain engines identical in all of the following respects:
(A) The combustion cycle.
[[Page 121]]
(B) The cylinder block configuration (air-cooled or water-cooled; L-
6, V-8, rotary, etc.).
(C) Displacement (engines of different displacement within 50 cubic
inches or 15 percent of the largest displacement and contained within a
multidisplacement engine family will be included in the same engine
family group).
(D) Catalytic converter usage and basic type (noncatalyst, oxidation
catalyst only, three-way catalyst equipped).
(9) Engine families identical in all respects listed in paragraph
(a)(8) of this section may be further divided into different engine
family groups if the Administrator determines that they are expected to
have significantly different exhaust emission control system
deterioration characteristics.
(10) A manufacturer may request the Administrator to include in an
engine family group, engine families in addition to those grouped under
the provisions of paragraph (a)(8) of this section. This request must be
accompanied by information the manufacturer believes supports the
inclusion of these additional engine families.
(11) A manufacturer may combine into a single engine family group
those light-duty vehicle and light-duty truck engine families which
otherwise meet the requirements of paragraphs (a)(8) through (a)(10) of
this section.
(12) The vehicles covered by an application for certification
equipped with gasoline-fueled or methanol-fueled heavy-duty engines will
be divided into groupings of vehicles on the basis of physical features
which are expected to affect evaporative emissions. Each group of
vehicles with similar features shall be defined as a separate
evaporative emission family.
(13) For vehicles equipped with gasoline-fueled or methanol-fueled
heavy-duty engines to be classed in the same evaporative emission
family, vehicles must be identical with respect to:
(i) Method of fuel/air metering (i.e., carburetion versus fuel
injection).
(ii) Carburetor bowl fuel volume, within a 10 cc range.
(14) For vehicles equipped with gasoline-fueled or methanol-fueled
heavy-duty engines to be classed in the same evaporative emission
control system, vehicles must be identical with respect to:
(i) Method of vapor storage.
(ii) Method of carburetor sealing.
(iii) Method of air cleaner sealing.
(iv) Vapor storage working capacity, within a 20 g range.
(v) Number of storage devices.
(vi) Method of purging stored vapors.
(vii) Method of venting the carburetor during both engine off and
engine operation.
(viii) Liquid fuel hose material.
(ix) Vapor storage material.
(15) Where vehicles equipped with gasoline-fueled or methanol-fueled
heavy-duty engines are types which cannot be divided into evaporative
emission family-control system combinations based on the criteria listed
above, the Administrator will establish evaporative emission family-
control system combinations for those vehicles based on features most
related to their evaporative emission characteristics.
(16) No 1990 or later model year heavy-duty engine which is to be
used to generate emission credits for 1991 and later banking, trading
and averaging programs may also utilize nonconformance penalties (NCPs).
Use of an NCP thus becomes an engine family criterion.
(i) Use of either a NOX or a particulate matter NCP by an
engine family precludes that family from generating both NOX
and particulate matter emission credits.
(ii) If a manufacturer desires to use both banked credits and NCPs
on an engine family, two separate engine families must be established.
One engine family must consist of engines certified for only credit use
following the procedure specified in this subpart. The other engine
family must be certified for only NCP use following the procedure as
specified in 40 CFR part 86, subpart L.
(17) Any 1990 or later model year urban bus engines which are to be
used to generate PM credits for the 1991 and later model year urban bus
PM standard shall be placed in separate engine families for
certification purposes and the families shall be clearly designated as
such in the application. Urban bus engines of different basic design
will
[[Page 122]]
not be in the same family. If a manufacturer certifies two or more
different urban bus engines these shall be in different engine families.
(b) Emission data--(1) Emission-data vehicles. Paragraph (b)(1) of
this section applies to light-duty vehicle and light-duty truck
emission-data vehicles.
(i) Vehicles will be chosen to be operated and tested for emission
data based upon engine family groupings. Within each engine family, one
test vehicle will be selected based on the following criteria: The
Administrator shall select the vehicle with the heaviest equivalent test
weight (including options) within the family. Then within that vehicle
the Administrator shall select, in the order listed, the highest road-
load power, largest displacement, the transmission with the highest
numerical final gear ratio (including overdrive), the highest numerical
axle ratio offered in that engine family and the maximum fuel flow
calibration.
(ii) The Administrator shall select one additional test vehicle from
within each engine family. The vehicle selected shall be the vehicle
expected to exhibit the highest emissions of those vehicles remaining in
the engine family. If all vehicles within the engine family are similar
the Administrator may waive the requirements of this paragraph.
(iii) Within an engine family and exhaust emission control system,
the manufacturer may alter any emission-data vehicle (or other vehicles
such as including current or previous model year emission-data vehicles,
fuel economy data vehicles, and development vehicles provided they meet
emission-data vehicles, protocol) to represent more than one selection
under paragraphs (b)(1) (i), (ii), (iv), or (vii) of this section.
(iv) If the vehicles selected in accordance with paragraphs (b)(1)
(i) and (ii) of this section do not represent each engine-system
combination, then one vehicle of each engine-system combination not
represented will be selected by the Administrator. The vehicle selected
shall be the vehicle expected to exhibit the highest emissions of those
vehicles remaining in the engine family.
(v) For high-altitude exhaust emission compliance for each engine
family, the manufacturer shall follow one of the following procedures:
(A) The manufacturer will select for testing under high-altitude
conditions the vehicle expected to exhibit the highest emissions from
the nonexempt vehicles selected in accordance with Sec. 86.090-24(b)(1)
(ii), (iii), and (iv) of this section or,
(B) In lieu of testing vehicles according to paragraph (b)(1)(v)(A)
of this section, a manufacturer may provide a statement in its
application for certification that, based on the manufacturer's
engineering evaluation of such high-altitude emission testing as the
manufacturer deems appropriate,
(1) That all light-duty vehicles not exempt under Sec. 86.090-8(h)
comply with the emission standards at high-altitude, and
(2) That light-duty trucks sold for principal use at designated
high-altitude locations comply with the high-altitude emission
requirements, and that all light-duty trucks sold at low-altitude, which
are not exempt under Sec. 86.090-9(g)(2), are capable of being modified
to meet high-altitude standards.
(vi) If 90 percent or more of the engine family sales will be in
California, a manufacturer may substitute emission-data vehicles
selected by the California Air Resources Board criteria for the
selections specified in paragraphs (b)(1) (i), (ii), and (iv) of this
section.
(vii)(A) Vehicles of each evaporative emission family will be
divided into evaporative emission control systems.
(B) The Administrator will select the vehicle expected to exhibit
the highest evaporative emissions, from within each evaporative family
to be certified, from among the vehicles represented by the exhaust
emission-data selections for the engine family, unless evaporative
testing has already been completed on the vehicle expected to exhibit
the highest evaporative emissions for the evaporative family as part of
another engine family's testing.
(C) If the vehicles selected in accordance with paragraph
(b)(1)(vii)(B) of this section do not represent each evaporative
emission control system then the Administrator will select the
[[Page 123]]
highest expected evaporative emission vehicle from within the
unrepresented evaporative system.
(viii) For high-altitude evaporative emission compliance for each
evaporative emission family, the manufacturer shall follow one of the
following procedures:
(A) The manufacturer will select for testing under high-altitude
conditions the one nonexempt vehicle previously selected under
paragraphs (b)(1)(vii) (B) or (C) of this section which is expected to
have the highest level of evaporative emissions when operated at high
altitude or
(B) In lieu of testing vehicles according to paragraph
(b)(1)(viii)(A) of this section, a manufacturer may provide a statement
in its application for certification that based on the manufacturer's
engineering evaluation of such high-altitude emission testing as the
manufacturer deems appropriate,
(1) That all light-duty vehicles not exempt under Sec. 86.090-8(h)
comply with the emission standards at high altitude and
(2) That light-duty trucks sold for principal use at designated
high-altitude locations comply with the high-altitude emission
requirements, and that all light-duty trucks sold at low altitude, which
are not exempt under Sec. 86.090-9(g)(2), are capable of being modified
to meet high-altitude standards.
(ix) Vehicles selected under paragraph (b)(1)(v)(A) of this section
may be used to satisfy the requirements of (b)(1)(viii)(A) of this
section.
(x) Light-duty trucks only: (A) The manufacturer may reconfigure any
of the low-altitude emission-data vehicles to represent the vehicle
configuration required to be tested at high altitude.
(B) The manufacturer is not required to test the reconfigured
vehicle at low altitude.
(2) Otto-cycle heavy-duty emission-data engines. Paragraph (b)(2) of
this section applies to Otto-cycle heavy-duty engines.
(i)-(ii) [Reserved]
(iii) The Administrator shall select a maximum of two engines within
each engine family based upon features indicating that they may have the
highest emission levels of the engines in the engine family as follows:
(A) The Administrator shall select one emission-data engine first
based on the largest displacement within the engine family. Then within
the largest displacement the Administrator shall select, in the order
listed, highest fuel flow at the speed of maximum rated torque, the
engine with the most advanced spark timing, no EGR or lowest EGR flow,
and no air pump or lowest actual flow air pump.
(B) The Administrator shall select one additional engine, from
within each engine family. The engine selected shall be the engine
expected to exhibit the highest emissions of those engines remaining in
the engine family. If all engines within the engine family are similar
the Administrator may waive the requirements of this paragraph.
(iv) If the engines selected in accordance with paragraphs (b)(2)
(ii) and (iii) of this section do not represent each engine
displacement-exhaust emission control system combination, then one
engine of each engine displacement-exhaust emission control system
combination not represented shall be selected by the Administrator.
(v) Within an engine family/displacement/control system, the
manufacturer may alter any emission-data engine (or other engine
including current or previous model year emission-data vehicles and
development engines provided they meet the emission-data engines
protocol) to represent more than one selection under paragraphs
(b)(2)(iii) of this section.
(3) Diesel heavy-duty emission-data engines. Paragraph (b)(3) of
this section applies to diesel heavy-duty emission-data vehicles.
(i) Engines will be chosen to be run for emission data based upon
engine family groupings. Within each engine family, the requirements of
this paragraph must be met.
(ii) Engines of each engine family will be divided into groups based
upon their exhaust emission control systems. One engine of each engine
system combination shall be run for smoke emission data (diesel engines
only) and
[[Page 124]]
gaseous emission data. Either the complete gaseous emission test or the
complete smoke test may be conducted first. Within each combination, the
engine that features the highest fuel feed per stroke, primarily at the
speed of maximum rated torque and secondarily at rated speed, will
usually be selected. If there are military engines with higher fuel
rates than other engines in the same engine system combinations, then
one military engine shall also be selected. The engine with the highest
fuel feed per stroke will usually be selected.
(iii) The Administrator may select a maximum of one additional
engine within each engine-system combination based upon features
indicating that it may have the highest emission levels of the engines
of that combination. In selecting this engine, the Administrator will
consider such features as the injection system, fuel system, compression
ratio, rated speed, rated horsepower, peak torque speed, and peak
torque.
(iv) Within an engine family control system combination, the
manufacturer may alter any emission-data engine (or other engine
including current or previous model year emission-data vehicles and
development engines provided they meet the emission-data engines'
protocol) to represent more than one selection under paragraphs (b)(3)
(ii) and (iii) of this section.
(c) Durability data--(1) Light-duty vehicle durability-data
vehicles. Paragraph (c)(1) of this section applies to light-duty vehicle
durability-data vehicles.
(i) A durability-data vehicle will be selected by the Administrator
to represent each engine-system combination. The vehicle selected shall
be of the engine displacement with the largest projected sales volume of
vehicles with that control-system combination in that engine family and
will be designated by the Administrator as to transmission type, fuel
system, inertia weight class, and test weight.
(ii) A manufacturer may elect to operate and test additional
vehicles to represent any engine-system combination. The additional
vehicles must be of the same engine displacement, transmission type,
fuel system and inertia weight class as the vehicle selected for that
engine-system combination in accordance with the provisions of paragraph
(c)(1)(i) of this section. Notice of an intent to operate and test
additional vehicles shall be given to the Administrator no later than 30
days following notification of the test fleet selection.
(2) Light-duty trucks. Paragraph (c)(2) of this section applies to
vehicles, engines, subsystems, or components used to establish exhaust
emission deterioration factors for light-duty trucks.
(i) The manufacturer shall select the vehicles, engines, subsystems,
or components to be used to determine exhaust emission deterioration
factors for each engine-family control system combination. Whether
vehicles, engines, subsystems, or components are used, they shall be
selected so that their emissions deterioration characteristics may be
expected to represent those of in-use vehicles, based on good
engineering judgment.
(ii) [Reserved]
(3) Heavy-duty engines. Paragraph (c)(3) of this section applies to
engines, subsystems, or components used to establish exhaust emission
deterioration factors for heavy-duty engines.
(i) The manufacturer shall select the engines, subsystems, or
components to be used to determine exhaust emission deterioration
factors for each engine-family control system combination. Whether
engines, subsystems, or components are used, they shall be selected so
that their emissions deterioration characteristics may be expected to
represent those of in-use engines, based on good engineering judgment.
(ii) [Reserved]
(d) For purposes of testing under Sec. 86.084-26 (a)(9) or (b)(11),
the Administrator may require additional emission-data vehicles (or
emission-data engines) and durability-data vehicles (light-duty vehicles
only) identical in all material respects to vehicles (or engines)
selected in accordance with paragraphs (b) and (c) of this section,
provided that the number of vehicles (or engines) selected shall not
increase the size of either the emission-data fleet or the durability-
data fleet by more than 20 percent or one vehicle (or engine), whichever
is greater.
[[Page 125]]
(e)(1) Any manufacturer whose projected sales for the model year in
which certification is sought is less than:
(i) 2,000 Otto-cycle light-duty vehicles, or
(ii) 2,000 diesel light-duty vehicles, or
(iii) 2,000 Otto-cycle light-duty trucks, or
(iv) 2,000 diesel light-duty trucks, or
(v) 2,000 Otto-cycle heavy-duty engines, or
(vi) 2,000 diesel heavy-duty engines, may request a reduction in the
number of test vehicles (or engines) determined in accordance with the
foregoing provisions of this section. The Administrator may agree to
such lesser number as he determines would meet the objectives of this
procedure.
(2) Any manufacturer may request to certify engine families with
combined total sales of fewer than 10,000 light-duty vehicles, light-
duty trucks, and heavy-duty engines utilizing assigned deterioration
factors prescribed by the Administrator. The assigned deterioration
factors shall be applied only to entire engine families.
(f) In lieu of testing an emission-data or durability-data vehicle
(or engine) selected under paragraph (b) or (c) of this section, and
submitting data therefore, a manufacturer may, with the prior written
approval of the Administrator, submit exhaust emission data and/or fuel
evaporative emission data, as applicable on a similar vehicle (or
engine) for which certification has previously been obtained or for
which all applicable data required under Sec. 86.090-23 has previously
been submitted.
(g)(1) This paragraph applies to light-duty vehicles and light-duty
trucks, but does not apply to the production vehicles selected under
paragraph (h) of this section.
(2)(i) Where it is expected that more than 33 percent of a carline,
within an engine-system combination will be equipped with an item
(whether that item is standard equipment or an option), the full
estimated weight of that item shall be included in the curb weight
computation for each vehicle available with that option in that carline,
within that engine-system combination.
(ii) Where it is expected that 33 percent or less of the carline,
within an engine-system, will be equipped with an item of (whether that
item is standard equipment or an option), no weight for that item will
be added in computing curb weight for any vehicle in that carline,
within that engine-system combination, unless that item is standard
equipment on the vehicle.
(iii) In the case of mutually exclusive options, only the weight of
the heavier option will be added in computing curb weight.
(iv) Optional equipment weighing less than 3 pounds per item need
not be considered.
(3)(i) Where it is expected that more than 33 percent of a carline,
within an engine-system combination will be equipped with an item of
(whether that item is standard equipment or an option) that can
reasonably be expected to influence emissions, then such items shall
actually be installed (unless excluded under paragraph (g)(3)(ii) of
this section) on all emission data and durability data vehicles of that
carline, within that engine-system combination, on which the items are
intended to be offered in production. Items that can reasonably be
expected to influence emissions are: air conditioning, power steering,
power brakes and other items determined by the Administrator.
(ii) If the manufacturer determines by test data or engineering
evaluation that the actual installation of the optional equipment
required by paragraph (g)(3)(i) of this section does not affect the
emissions or fuel economy values, the optional equipment need not be
installed on the test vehicle.
(iii) The weight of the options shall be included in the design curb
weight and also be represented in the weight of the test vehicles.
(iv) The engineering evaluation, including any test data, used to
support the deletion of optional equipment from test vehicles, shall be
maintained by the manufacturer and shall be made available to the
Administrator upon request.
(4) Where it is expected that 33 percent or less of a carline,
within an engine system combination will be equipped with an item of
(whether that
[[Page 126]]
item is standard equipment or an option) that can reasonably be expected
to influence emissions, that item shall not be installed on any emission
data or durability data vehicles of that carline, within that engine-
system combination, unless that item is standard equipment on the
vehicle.
(h) Alternative Durability Program durability-data vehicles. This
section applies to light-duty vehicle and light-duty truck durability-
data vehicles selected under the Alternative Durability Program
described in Sec. 86.085-13.
(1) In order to update the durability data to be used to determine a
deterioration factor for each engine family group, the Administrator
will select durability-data vehicles from the manufacturer's production
line. Production vehicles will be selected from each model year's
production for those vehicles certified using the Alternative Durability
Program procedures.
(i) The Administrator shall select the production durability-data
vehicle designs from the designs that the manufacturer offers for sale.
For each model year and for each engine family group, the Administrator
may select production durability-data vehicle designs of equal number to
the number of engine families within the engine family group, up to a
maximum of three vehicles.
(ii) The production durability-data vehicles representing the
designs selected in paragraph (h)(1)(i) of this section will be randomly
selected from the manufacturer's production. The Administrator will make
these random selections unless the manufacturer (with prior approval of
the Administrator) elects to make the random selections.
(iii) The manufacturer may select additional production durability-
data vehicle designs from within the engine family group. The production
durability-data vehicles representing these designs shall be randomly
selected from the manufacturer s production in accordance with paragraph
(h)(l)(ii) of this section.
(iv) For each production durability-data vehicle selected under
paragraph (h)(1) of this section, the manufacturer shall provide to the
Administrator (before the vehicle is tested or begins service
accumulation) the vehicle identification number. Before the vehicle
begins service accumulation the manufacturer shall also provide the
Administrator with a description of the durability-data vehicle as
specified by the Administrator.
(v) In lieu of testing a production durability-data vehicle selected
under paragraph (h)(1) of this section, and submitting data therefrom, a
manufacturer may, with the prior written approval of the Administrator,
submit exhaust emission data from a production vehicle of the same
configuration for which all applicable data has previously been
submitted.
(2) If, within an existing engine family group, a manufacturer
requests to certify vehicles of a new design, engine family, emission
control system, or with any other durability-related design difference,
the Administrator will determine if the existing engine family group
deterioration factor is appropriate for the new design. If the
Administrator cannot make this determination or deems the deterioration
factor not appropriate, the Administrator shall select preproduction
durability-data vehicles under the provisions of paragraph (c) of this
section. If vehicles are then certified using the new design, the
Administrator may select production vehicles with the new design under
the provisions of paragraph (h)(1) of this section.
(3) If a manufacturer reguests to certify vehicles of a new design
that the Administrator determines are a new engine family group, the
Administrator shall select preproduction durability data vehicles under
the provisions of paragraph (c) of this section. If vehicles are then
certified using the new design, the Administrator may select production
vehicles of that design under the provisions of paragraph (h)(1) of this
section.
[54 FR 14474, Apr. 11, 1989, as amended at 55 FR 30618, July 26, 1990]
Sec. 86.090-25 Maintenance.
(a) Applicability. This section applies to light-duty vehicles,
light-duty trucks, and heavy-duty engines.
(1) Maintenance performed on vehicles, engines, subsystems, or
components used to determine exhaust or
[[Page 127]]
evaporative emission deterioration factors is classified as either
emission-related or non-emission-related and each of these can be
classified as either scheduled or unscheduled. Further, some emission-
related maintenance is also classified as critical emission-related
maintenance.
(b) This section specifies emission-related scheduled maintenance
for purposes of obtaining durability data and for inclusion in
maintenance instructions furnished to purchasers of new motor vehicles
and new motor vehicles engines under Sec. 86.087-38.
(1) All emission-related scheduled maintenance for purposes of
obtaining durability data must occur at the same mileage intervals (or
equivalent intervals if engines, subsystems, or components are used)
that will be specified in the manufacturer's maintenance instructions
furnished to the ultimate purchaser of the motor vehicle or engine under
Sec. 86.088-35. This maintenance schedule may be updated as necessary
throughout the testing of the vehicle/engine provided that no
maintenance operation is deleted from the maintenance schedule after the
operation has been performed on the test vehicle or engine.
(2) Any emission-related maintenance which is performed on vehicles,
engines, subsystems, or components must be technologically necessary to
assure in-use compliance with the emission standards. The manufacturer
must submit data which demonstrate to the Administrator that all of the
emission-related scheduled maintenance which is to be performed is
technologically necessary. Scheduled maintenance must be approved by the
Administrator prior to being performed or being included in the
maintenance instructions provided to purchasers under Sec. 86.087-38.
As provided below, EPA has determined that emission-related maintenance
at shorter intervals than that outlined in paragraphs (b)(3) and (b)(4)
of this section is not technologically necessary to ensure in-use
compliance. However, the Administrator may determine that maintenance
even more restrictive (e.g., longer intervals) than that listed in
paragraphs (b)(3) and (b)(4) of this section is also not technologically
necessary.
(3) For Otto-cycle light-duty vehicles, light-duty trucks and heavy
duty engines, emission-related maintenance in addition to, or at shorter
intervals than, the following will not be accepted as technologically
necessary, except as provided in paragraph (b)(7) of this section.
(i)(A) The cleaning or replacement of light-duty vehicle or light-
duty truck spark plugs at 30,000 miles of use and at 30,000 mile
intervals thereafter.
(B) The cleaning or replacement of Otto-cycle heavy duty engine
spark plugs at 25,000 miles (or 750 hours) of use and at 25,000 mile
intervals (or 750-hour) intervals thereafter, for engines certified for
use with unleaded fuel only.
(4) For diesel powered light-duty vehicles, light-duty trucks, and
heavy-duty engines, emission-related maintenance in addition to, or at
shorter intervals than, the following will not be accepted as
technologically necessary, except as provided in paragraph (b)(7) of
this section.
(i) For light-duty vehicles, the adjustment, cleaning, repair, or
replacement of the following may not be performed within the 50,000-mile
useful life of the vehicle:
(A) Exhaust gas recirculation system (including all related filters
and control valves).
(B) Positive crankcase ventilation valve.
(C) Fuel injectors.
(D) Turbocharger.
(E) Electronic engine control unit and its associated sensors and
actuators.
(F) Particulate trap or trap-oxidizer system (including related
components).
(ii) For light-duty trucks and heavy-duty engines, the adjustment,
cleaning, repair, or replacement of the following at 50,000 miles (or
1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals
thereafter:
(A) Exhaust gas recirculation system (including all related filters
and control valves).
(B) Positive crankcase ventilation valve.
(C) Fuel injector tips (cleaning only).
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(iii) The following maintenance at 100,000 miles (or 3,000 hours) of
use and at 100,000-mile (or 3,000-hour) intervals thereafter for light-
duty trucks and light heavy-duty engines, or, at 150,000 miles (or 4,500
hours) of use and at 150,000-mile (or 4,500-hour) intervals thereafter
for medium and heavy-duty engines: The adjustment, cleaning, repair, or
replacement of:
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and
actuators.
(D) Particulate trap or trap-oxidizer system (including related
components).
(5) [Reserved]
(6)(i) The following components are currently defined as critical
emission-related components:
(A) Catalytic converter.
(B) Air injection system components.
(C) Electronic engine control unit and its associated sensors
(including oxygen sensor if installed) and actuators.
(D) Exhaust gas recirculation system (including all related filters
and control valves).
(E) Positive crankcase ventilation valve.
(F) Evaporative emission control system components (excluding
canister air filter).
(G) Particulate trap or trap-oxidizer system.
(ii) All critical emission-related scheduled maintenance must have a
reasonable likelihood of being performed in-use. The manufacturer shall
be required to show the reasonable likelihood of such maintenance being
performed in-use, and such showing shall be made prior to the
performance of the maintenance on the durability data vehicle. Critical
emission-related scheduled maintenance items which satisfy one of the
following conditions will be accepted as having a reasonable likelihood
of the maintenance item being performed in-use:
(A) Data are presented which establish for the Administrator a
connection between emissions and vehicle performance such that as
emissions increase due to lack of maintenance, vehicle performance will
simultaneously deteriorate to a point unacceptable for typical driving.
(B) Survey data are submitted which adequately demonstrate to the
Administrator that, at an 80 percent confidence level, 80 percent of
such engines already have this critical maintenance item performed in-
use at the recommended interval(s).
(C) A clearly displayed visible signal system approved by the
Administrator is installed to alert the vehicle driver that maintenance
is due. A signal bearing the message ``maintenance needed'' or ``check
engine,'' or a similar message approved by the Administrator, shall be
actuated at the appropriate mileage point or by component failure. This
signal must be continuous while the engine is in operation, and not be
easily eliminated without performance of the required maintenance.
Resetting the signal shall be a required step in the maintenance
operation. The method for resetting the signal system shall be approved
by the Administrator.
(D) A manufacturer may desire to demonstrate through a survey that a
critical maintenance item is likely to be performed without a visible
signal on a maintenance item for which there is no prior in-use
experience without the signal. To that end, the manufacturer may in a
given model year market up to 200 randomly selected vehicles per
critical emission-related maintenance item without such visible signals,
and monitor the performance of the critical maintenance item by the
owners to show compliance with paragraph (b)(6)(ii)(B) of this section.
This option is restricted to two consecutive model years and may not be
repeated until any previous survey has been completed. If the critical
maintenance involves more than one engine family, the sample will be
sales weighted to ensure that it is representative of all the families
in question.
(E) The manufacturer provides the maintenance free of charge, and
clearly informs the customer that the maintenance is free in the
instructions provided under Sec. 86.087-38.
(F) Any other method which the Administrator approves as
establishing a reasonable likelihood that the critical maintenance will
be performed in-use.
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(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of
this section are considered an element of design of the emission control
system. Therefore, disabling, resetting, or otherwise rendering such
signals inoperative without also performing the indicated maintenance
procedure is a prohibited act under section 203(a)(3) of the Clean Air
Act, as amended in August 1977 (42 U.S.C. 7522(a)(3)).
(7) Changes to scheduled maintenance. (i) For maintenance practices
that existed prior to the 1980 model year, only the maintenance items
listed in paragraphs (b)(3) and (b)(4) of this section are currently
considered by EPA to be emission-related. The Administrator may,
however, determine additional scheduled maintenance items that existed
prior to the 1980 model year to be emission-related by announcement in a
Federal Register Notice. In no event may this notification occur later
than September 1 of the calendar year two years prior to the affected
model year.
(ii) In the case of any new scheduled maintenance, the manufacturer
must submit a request for approval to the Administrator for any
maintenance that it wishes to recommend to purchasers and perform during
durability determination. New scheduled maintenance is that maintenance
which did not exist prior to the 1980 model year, including that which
is a direct result of the implementation of new technology not found in
production prior to the 1980 model year. The manufacturer must also
include its recommendations as to the category (i.e., emission-related
or non-emission- related, critical or non-critical) of the subject
maintenance and, for suggested emission-related maintenance, the maximum
feasible maintenance interval. Such requests must include detailed
evidence supporting the need for the maintenance requested, and
supporting data or other substantiation for the recommended maintenance
category and for the interval suggested for emission-related
maintenance. Requests for new scheduled maintenance must be approved
prior to the introduction of the new maintenance. The Administrator will
then designate the maintenance as emission-related or non-emission-
related. For maintenance items established as emission-related, the
Administrator will further designate the maintenance as critical if the
component which receives the maintenance is a critical component under
paragraph (b)(6) of this section. For each maintenance item designated
as emission-related, the Administrator will also establish a
technologically necessary maintenance interval, based on industry data
and any other information available to EPA. Designations of emission-
related maintenance items, along with their identification as critical
or non-critical, and establishment of technologically necessary
maintenance intervals, will be announced in the Federal Register.
(iii) Any manufacturer may request a hearing on the Administrator's
determinations in paragraph (b)(7) of this section. The request shall be
in writing, and shall include a statement specifying the manufacturer's
objections to the Administrator's determinations, and data in support of
such objections. If, after review of the request and supporting data,
the Administrator finds that the request raises a substantial factual
issue, he shall provide the manufacturer a hearing in accordance with
Sec. 86.078-6 with respect to such issue.
(c) Non-emission-related scheduled maintenance which is reasonable
and technologically necessary (e.g., oil change, oil filter change, fuel
filter change, air filter change, cooling system maintenance, adjustment
of idle speed, governor, engine bolt torque, valve lash, injector lash,
timing, etc.) may be performed on durability-data vehicles at the
intervals recommended by the manufacturer to the ultimate purchaser.
(d) Unscheduled maintenance on light-duty durability data vehicles.
(1) Unscheduled maintenance may be performed during the testing used to
determine deterioration factors, except as provided in paragraphs (d)(2)
and (d)(3) of this section, only under the following provisions:
(i) A fuel injector or spark plug may be changed if a persistent
misfire is detected.
(ii) Readjustment of an Otto-cycle vehicle cold-start enrichment
system
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may be performed if there is a problem of stalling.
(iii) Readjustment of the engine idle speed (curb idle and fast
idle) may be performed in addition to that performed as scheduled
maintenance under paragraph (c) of this section, if the idle speed
exceeds the manufacturer's recommended idle speed by 300 rpm or more, or
if there is a problem of stalling.
(2) Any other unscheduled vehicle, emission control system, or fuel
system adjustment, repair, removal, disassembly, cleaning, or
replacement during testing to determine deterioration factors shall be
performed only with the advance approval of the Administrator. Such
approval will be given if the Administrator:
(i) Has made a preliminary determination that the part failure or
system malfunction, or the repair of such failure or malfunction, does
not render the vehicle or engine unrepresentative of vehicles or engines
in-use, and does not require direct access to the combustion chamber,
except for spark plug, fuel injection component, or removable prechamber
removal or replacement; and,
(ii) Has made a determination that the need for maintenance or
repairs is indicated by an overt indication of malfunction such as
persistent misfiring, engine stalling, overheating, fluid leakage, loss
of oil pressure, excessive fuel consumption or excessive power loss. The
Administrator shall be given the opportunity to verify the existence of
an overt indication of part failure and/or vehicle/engine malfunction
(e.g., misfiring, stalling, black smoke), or an activation of an audible
and/or visible signal, prior to the performance of any maintenance to
which such overt indication or signal is relevant under the provisions
of this section.
(3) Emission measurement may not be used as a means of determining
the need for unscheduled maintenance under paragraph (d)(2) of this
section, except under the following conditions:
(i) The Administrator may approve unscheduled maintenance on
durability-data vehicles based upon a significant change in emission
levels that indicates a vehicle or engine malfunction. In these cases
the Administrator may first approve specific diagnostic procedures to
identify the source of the problem. The Administrator may further
approve of specific corrections to the problem after the problem has
been identified. The Administrator may only approve the corrective
action after it is determined that:
(A) The malfunction was caused by nonproduction build practices or
by a previously undetected design problem,
(B) The malfunction will not occur in production vehicles or engines
in-use, and
(C) The deterioration factor generated by the durability-data
vehicle or engine will remain unaffected by the malfunction or by the
corrective action (e.g., the malfunction was present for only a short
period of time before detection, replacement parts are functionally
representative of the proper mileage or hours, etc.).
(ii) Following any unscheduled maintenance approved under paragraph
(d)(3)(i) of this section, the manufacturer shall perform an after-
maintenance emissions test. If the Administrator determines that the
after-maintenance emission levels for any pollutant indicates that the
deterioration factor is no longer representative of production, the
Administrator may disqualify the durability-data vehicle or engine.
(4) If the Administrator determines that part failure or system
malfunction occurrence and/or repair rendered the vehicle/engine
unrepresentative of vehicles in-use, the vehicle/engine shall not be
used for determining deterioration factors.
(5) Repairs to vehicle components of a durability data vehicle other
than the engine, emission control system, or fuel system, shall be
performed only as a result of part failure, vehicle system malfunction,
or with the advance approval of the Administrator.
(e) Maintenance on emission data vehicles and engines. (1)
Adjustment of engine idle speed on emission data vehicles may be
performed once before the low-mileage/low-hour emission test point. Any
other engine, emission control system, or fuel system adjustment,
repair, removal, disassembly, cleaning,
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or replacement on emission data vehicles shall be performed only with
the advance approval of the Administrator.
(2) Maintenance on light-duty truck emission-data vehicles selected
under Sec. 86.090-24(b)(1) (v) or (vii), and permitted to be tested for
purposes of Sec. 86.090-23(c)(1)(ii) under the provisions of Sec.
86.090-24(b)(2), may be performed in conjunction with emission control
system modifications at the low-mileage test point, and shall be
performed in accordance with the maintenance instructions to be provided
to the ultimate purchaser required under Sec. 86.087-38.
(3) Maintenance on those light-duty truck emission-data vehicles
selected under 86.090-24(b)(1)(v) which are not capable of being
modified in the field for the purpose of complying with emissions
standards at an altitude other than that intended by the original
design, may be performed in conjunction with the emission control system
modifications at the low-mileage test point, and shall be approved in
advance by the Administrator.
(4) Repairs to vehicle components of an emission data vehicle other
than the engine, emission control system, or fuel system, shall be
performed only as a result of part failure, vehicle system malfunction,
or with the advance approval of the Administrator.
(f) Equipment, instruments, or tools may not be used to identify
malfunctioning, maladjusted, or defective engine components unless the
same or equivalent equipment, instruments, or tools will be available to
dealerships and other service outlets and:
(1) Are used in conjunction with scheduled maintenance on such
components, or
(2) Are used subsequent to the identification of a vehicle or engine
malfunction, as provided in paragraph (d)(2) of this section for
durability data vehicles or in paragraph (e)(1) of this section for
emission-data vehicles, or
(3) Unless specifically authorized by the Administrator.
(g)(1) Paragraph (g) of this section applies to light-duty vehicles.
(2) Complete emission tests (see Sec. Sec. 86.106 through 86.145)
are required, unless waived by the Administrator, before and after
scheduled maintenance approved for durability data vehicles. The
manufacturer may perform emission tests before unscheduled maintenance.
Complete emission tests are required after unscheduled maintenance which
may reasonably be expected to affect emissions. The Administrator may
waive the requirement to test after unscheduled maintenance. These test
data may be submitted weekly to the Administrator, but shall be air
posted or delivered within 7 days after completion of the tests, along
with a complete record of all pertinent maintenance, including a
preliminary engineering report of any malfunction diagnosis and the
corrective action taken. A complete engineering report shall be
delivered to the Administrator concurrently with the manufacturer's
application for certification.
(h) All test data, maintenance reports, and required engineering
reports shall be compiled and provided to the Administrator in
accordance with Sec. 86.090-23.
[53 FR 471, Jan. 7, 1988, as amended at 54 FR 14478, Apr. 11, 1989]
Sec. 86.090-26 Mileage and service accumulation; emission requirements.
(a)(1) Paragraph (a) of this section applies to light-duty vehicles.
(2) The procedure for mileage accumulation will be the Durability
Driving Schedule as specified in appendix IV to this part. A modified
procedure may also be used if approved in advance by the Administrator.
Except with the advance approval of the Administrator, all vehicles will
accumulate mileage at a measured curb weight which is within 100 pounds
of the estimated curb weight. If the loaded vehicle weight is within 100
pounds of being included in the next higher inertia weight class as
specified in Sec. 86.129, the manufacturer may elect to conduct the
respective emission tests at higher loaded vehicle weight.
(3) Emission-data vehicles. Unless otherwise provided for in Sec.
86.090-23(a), emission-data vehicles shall be operated and tested as
follows:
(i) Otto-cycle. (A) The manufacturer shall determine, for engine
family, the mileage at which the engine-system combination is stabilized
for emission-data testing. The manufacturer shall
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maintain, and provide to the Administrator if requested, a record of the
rationale used in making this determination. The manufacturer may elect
to accumulate 4,000 miles on each test vehicle within an engine family
without making a determination. Any vehicle used to represent emission-
data vehicle selections under Sec. 86.090-24(b)(1) shall be equipped
with an engine and emission control system that has accumulated at least
the mileage determined under this paragraph. Fuel economy data generated
from certification vehicles selected in accordance with Sec. 86.090-
24(b)(1) with engine-system combinations that have accumulated more than
10,000 kilometers (6,200 miles) shall be factored in accordance with
Sec. 600.006-82(c). Complete exhaust and evaporative (if required)
emission tests shall be conducted for each emission-data vehicle
selection under Sec. 86.090-24(b)(1). The Administrator may determine
under Sec. 86.090-24(f) that no testing is required.
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.090-24(b)(1) (v) or (viii) shall be conducted at the
mileage at which the engine system combination is stabilized for
emission testing under high-altitude conditions.
(C) Exhaust and evaporative emissions tests for emission-data
vehicle(s) selected for testing under Sec. 86.090-24(b)(1) (i), (ii),
(iii), (iv), or (vii)(B) shall be conducted at the mileage at which the
engine-system combination is stabilized for emission testing under low-
altitude conditions.
(D) For each engine family, the manufacturer will either select one
vehicle previously selected under Sec. 86.090-24(b)(1) (i) through (iv)
to be tested under high-altitude conditions or provide a statement in
accordance with Sec. 86.090-24(b)(1)(v). Vehicles shall meet emission
standards under both low- and high-altitude conditions without manual
adjustments or modifications. In addition, any emission control device
used to conform with the emission standards under high-altitude
conditions shall initially actuate (automatically) no higher than 4,000
feet above sea level.
(ii) Diesel. (A) The manufacturer shall determine, for each engine
family, the mileage at which the engine-system combination is stabilized
for emission-data testing. The manufacturer shall maintain, and provide
to the Administrator if requested, a record of the rationale used in
making this determination. The manufacturer may elect to accumulate
4,000 miles on each test vehicle within an engine family without making
a determination. Any vehicle used to represent emission-data vehicle
selections under Sec. 86.090-24(b)(1) shall be equipped with an engine
and emission control system that has accumulated at least the mileage
determined under this paragraph. Fuel economy data generated from
certification vehicles selected in accordance with Sec. 86.090-24(b)(1)
with engine-system combinations that have accumulated more than 10,000
kilometers (6,200 miles) shall be factored in accordance with Sec.
600.006-82(c). Complete exhaust emission tests shall be conducted for
each emission-data vehicle selection under Sec. 86.090-24(b)(1). The
Administrator may determine under Sec. 86.090-24(f) that no testing is
required.
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.090-24(b)(1)(v) shall be conducted at the mileage at
which the engine-system combination is stabilized for emission testing
under low-altitude conditions.
(C) Exhaust and evaporative emission tests for emission-data
vehicle(s) selected for testing under Sec. 86.090-24(b)(1) (i) through
(iv) shall be conducted at the mileage at which the engine-system
combination is stabilized for emission testing under low-altitude
conditions.
(D) For each engine family, the manufacturer will either select one
vehicle previously selected under Sec. 86.090-24(b)(1) (i) through (iv)
to be tested under high-altitude conditions or provide a statement in
accordance with Sec. 86.090-24(b)(1)(v). Vehicles shall meet emission
standards under both low- and high-altitude conditions without manual
adjustments or modifications. In addition, any emission control device
used to conform with the emission standards under high-altitude
conditions shall initially actuate (automatically) no higher than 4,000
feet above sea level.
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(4)(i) Durability data vehicles. (A) Unless otherwise provided for
in Sec. 86.090-23(a), each durability-data vehicle shall be driven,
with all emission control systems installed and operating, for 50,000
miles or such lesser distance as the Administrator may agree to as
meeting the objective of this procedure.
(B) Complete exhaust emission tests shall be made at test point
mileage intervals that the manufacturer determines.
(C) At a minimum, two complete exhaust emission tests shall be made.
The first test shall be made at a distance not greater than 6,250 miles.
The last shall be made at 50,000 miles.
(D) The mileage interval between test points must be of equal length
except for the interval between zero miles and the first test, and any
interval before or after testing conducted in conjunction with vehicle
maintenance as specified in Sec. 86.090-25(g)(2).
(ii) The manufacturer may, at its option, alter the durability-data
vehicle at the selected test point to represent emission-data vehicle(s)
within the same engine/system combination and perform emission tests on
the altered vehicle. Upon completion of emission testing, the
manufacturer may return the test vehicle to the durability-data vehicle
configuration prior to the continuation of mileage accumulation.
(5)(i) All tests required by this subpart on emission-data vehicles
shall be conducted at a mileage equal to or greater than the mileage the
manufacturer determines under paragraph (a)(3) of this section.
(ii) All tests required by this subpart on durability-data vehicles
shall be conducted within 250 miles of each of the test points.
(6)(i)(A) The manufacturer may conduct multiple tests at any test
point at which the data are intended to be used in the deterioration
factor. At each test point where multiple tests are conducted, the test
results from all valid tests shall be averaged to determine the data
point to be used in the deterioration factor calculation, except under
paragraph (a)(6)(i)(B) of this section. The test results from emission
tests performed before maintenance affecting emissions shall not be
averaged with test results after the maintenance.
(B) The manufacturer is not required to average multiple tests if
the manufacturer conducts no more than three tests at each test point
and if the number of tests at each test point is equal. All test points
must be treated the same for all exhaust pollutants.
(ii) The results of all emission testing shall be supplied to the
Administrator. The manufacturer shall furnish to the Administrator
explanation for voiding any test. The Administrator will determine if
voiding the test was appropriate based upon the explanation given by the
manufacturer for the voided test. Tests between test points may be
conducted as required by the Administrator. Data from all tests
(including voided tests) may be submitted weekly to the Administrator,
but shall be air posted or delivered to the Administrator within 7 days
after completion of the test. In addition, all test data shall be
compiled and provided to the Administrator in accordance with Sec.
86.090-23. Where the Administrator conducts a test on a durability-data
vehicle at a prescribed test point, the results of that test will be
used in the calculation of the deterioration factor.
(iii) The results of all emission tests shall be rounded, in
accordance with ASTM E 29-67, to the number of decimal places contained
in the applicable emission standard expressed to one additional
significant figure.
(7) Whenever a manufacturer intends to operate and test a vehicle
which may be used for emission or durability data, the manufacturer
shall retain in its records all information concerning all emissions
tests and maintenance, including vehicle alterations to represent other
vehicle selections. For emission-data vehicles, this information shall
be submitted, including the vehicle description and specification
information required by the Administrator, to the Administrator
following the emission-data test. For durability-data vehicles, this
information shall be submitted following the 5,000-mile test.
(8) Once a manufacturer submits the information required in
paragraphs (a)(7) of this section for a durability-data vehicle, the
manufacturer shall continue to run the vehicle to 50,000
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miles, and the data from the vehicle will be used in the calculations
under Sec. 86.090-28. Discontinuation of a durability-data vehicle
shall be allowed only with the consent of the Administrator.
(9)(i) The Administrator may elect to operate and test any test
vehicle during all or any part of the mileage accumulation and testing
procedure. In such cases, the manufacturer shall provide the vehicle(s)
to the Administrator with all information necessary to conduct this
testing.
(ii) The test procedures in Sec. Sec. 86.106 through 86.145 will be
followed by the Administrator. The Administrator will test the vehicles
at each test point. Maintenance may be performed by the manufacturer
under such conditions as the Administrator may prescribe.
(iii) The data developed by the Administrator for the engine-system
combination shall be combined with any applicable data supplied by the
manufacturer on other vehicles of that combination to determine the
applicable deterioration factors for the combination. In the case of a
significant discrepancy between data developed by the Administrator and
that submitted by the manufacturer, the Administrator's data shall be
used in the determination of deterioration factors.
(10) Emission testing of any type with respect to any certification
vehicle other than that specified in this part is not allowed except as
such testing may be specifically authorized by the Administrator.
(11) This section does not apply to testing conducted to meet the
requirements of Sec. 86.090-23(b)(2).
(b)(1) Paragraph (b) of this section applies to light-duty trucks.
(2) There are three types of mileage or service accumulation
applicable to light-duty trucks:
(i) Mileage or service accumulation on vehicles, engines,
subsystems, or components selected by the manufacturer under Sec.
86.090-24(c)(2)(i). The manufacturer determines the form and extent of
this mileage or service accumulation, consistent with good engineering
practice, and describes it in the application for certification.
(ii) Mileage accumulation of the duration selected by the
manufacturer on emission-data vehicles selected under Sec. 86.090-
24(b)(1). The procedure for mileage accumulation will be the Durability
Driving Schedule as specified in appendix IV to this part. A modified
procedure may also be used if approved in advance by the Administrator.
Except with the advance approval of the Administrator, all vehicles will
accumulate mileage at a measured curb weight which is within 100 pounds
of the estimated curb weight. If the loaded vehicle weight is within 100
pounds of being included in the next higher inertia weight class as
specified in Sec. 86.129, the manufacturer may elect to conduct the
respective emission tests at the test weight corresponding to the higher
loaded vehicle weight.
(iii) Service or mileage accumulation which may be part of the test
procedures used by the manufacturer to establish evaporative emission
deterioration factors.
(3) Exhaust emission deterioration factors will be determined on the
basis of the mileage or service accumulation described in paragraph
(b)(2)(i) of this section and related testing, according to the
manufacturer's procedures.
(4) Each emission-data vehicle shall be operated and tested as
follows:
(i) Otto-cycle. (A) The manufacturer shall determine, for each
engine family, the mileage at which the engine-system combination is
stabilized for emission-data testing. The manufacturer shall maintain,
and provide to the Administrator if requested, a record of the rationale
used in making this determination. The manufacturer may elect to
accumulate 4,000 miles on each test vehicle within an engine family
without making a determination. Any vehicle used to represent emission-
data vehicle selections under Sec. 86.090-24(b)(1) shall be equipped
with an engine and emission control system that has accumulated at least
the mileage determined under this paragraph. Fuel economy data generated
from certification vehicles selected in accordance with Sec. 86.090-
24(b)(1) with engine-system combinations that have accumulated more than
10,000 kilometers (6,200 miles) shall be factored in accordance with
Sec. 600.006-82(c). Complete exhaust emission tests shall be conducted
for each emission-data vehicle
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selection under Sec. 86.090-24(b)(1). The Administrator may determine
under Sec. 86.090-24(f) that no testing is required.
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.090-24(b)(1) (v) or (viii) shall be conducted at the
mileage at which the engine-system combination is stabilized for
emission testing or at 6,436 kilometers (4,000-miles) under high-
altitude conditions.
(C) Exhaust and evaporative emission tests for emission-data
vehicle(s) selected for testing under Sec. 86.090-24(b)(1) (ii), (iii),
(iv)(A), or (vii)(B) shall be conducted at the mileage at which the
engine-system combination is stabilized for emission testing or at the
6,436-kilometer (4,000-mile) test point under low-altitude conditions.
(D) If the manufacturer recommends adjustments or modifications in
order to conform to emission standards at high altitude, such
adjustments or modifications shall be made to the test vehicle selected
under Sec. 86.090-24(b)(1) (v) and (viii) (in accordance with the
instructions to be provided to the ultimate purchaser) before being
tested under high-altitude conditions.
(ii) Diesel. (A) The manufacturer shall determine, for each engine
family, the mileage at which the engine-system combination is stabilized
for emission-data testing. The manufacturer shall maintain, and provide
to the Administrator if requested, a record of the rationale used in
making this determination. The manufacturer may elect to accumulate
4,000 miles on each test vehicle within an engine family without making
a determination. Any vehicle used to represent emission-data vehicle
selections under Sec. 86.090-24(b)(1) shall be equipped with an engine
and emission control system that has accumulated at least the mileage
determined under this paragraph. Fuel economy data generated from
certification vehicles selected in accordance with Sec. 86.090-24(b)(1)
with engine-system combinations that have accumulated more than 10,000
kilometers (6,200 miles) shall be factored in accordance with Sec.
600.006-82(c). Complete exhaust emission tests shall be conducted for
each emission-data vehicle selection under Sec. 86.090-24(b)(1). The
Administrator may determine under Sec. 86.090-24(f) that no testing is
required.
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.090-24(b)(1) (v) or (viii) shall be conducted at the
mileage at which the engine-system combination is stabilized for
emission testing or at 6,436-kilometer (4,000-miles) under high-altitude
conditions.
(C) Exhaust and evaporative emission tests for emission-data
vehicle(s) selected for testing under Sec. 86.090-24(b)(1) (ii), (iii),
(iv)(A), or (vii)(B) shall be conducted at the mileage at which the
engine-system combination is stabilized for emission testing or at the
6,436-kilometer (4,000-mile) test point under low-altitude conditions.
(D) If the manufacturer recommends adjustments or modifications in
order to conform to emission standards at high altitude, such
adjustments or modifications shall be made to the test vehicle selected
under Sec. 86.090-24(b)(1) (v) and (viii) (in accordance with the
instructions to be provided to the ultimate purchaser) before being
tested under high-altitude conditions.
(ii) Diesel. (A) The manufacturer shall determine, for each engine
family, the mileage at which the engine-system combination is stabilized
for emission-data testing. The manufacturer shall maintain, and provide
to the Administrator if requested, a record of the rationale used in
making this determination. The manufacturer may elect to accumulate
4,000 miles on each test vehicle within an engine family without making
a determination. Any vehicle used to represent emission-data vehicle
selections under Sec. 86.090-24(b)(1) shall be equipped with an engine
and emission control system that has accumulated at least the mileage
determined under this paragraph. Fuel economy data generated from
certification vehicles selection in accordance with Sec. 86.090-
24(b)(1) with engine-system combinations that have accumulated more than
10,000 kilometers (6,200 miles) shall be factored in accordance with
Sec. 600.006-82(c). Complete exhaust emission tests shall be conducted
for each emission-data vehicle selection under Sec. 86.090-24(b)(1).
The Administrator may determine under Sec. 86.090-24(f) that no testing
is required.
[[Page 136]]
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.090-24(b)(1)(v) shall be conducted at the mileage at
which the engine-system combination is stabilized for emission testing
or at the 6,436-kilometer (4,000-mile) test point under low-altitude
conditions.
(C) Exhaust and evaporative emission tests for emission-data
vehicle(s) selected for testing under Sec. 86.090-24(b)(1) (ii), (iii),
and (iv) shall be conducted at the mileage at which the engine-system
combination is stabilized for emission testing or at the 6,436-kilometer
(4,000-mile) test point under low-altitude conditions.
(D) If the manufacturer recommends adjustments or modifications in
order to conform to emission standards at high altitude, such
adjustments or modifications shall be made to the test vehicle selected
under Sec. 86.090-24(b)(1) (v) and (viii) (in accordance with the
instructions to be provided to the ultimate purchaser) before being
tested under high-altitude conditions.
(iii) [Reserved]
(iv) All tests required by this subpart on emission-data vehicles
shall be conducted at a mileage equal to or greater than the mileage the
manufacturer determines under paragraph (b)(4) of this section.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) There are two types of service accumulation applicable to heavy-
duty engines:
(i) Service accumulation on engines, subsystems, or components
selected by the manufacturer under Sec. 86.088-24(c)(3)(i). The
manufacturer determines the form and extent of this service
accumulation, consistent with good engineering practice, and describes
it in the application for certification.
(ii) Dynamometer service accumulation on emission-data engines
selected under Sec. 86.090-24(b) (2) or (3). The manufacturer
determines the engine operating schedule to be used for dynamometer
service accumulation, consistent with good engineering practice. A
single engine operating schedule shall be used for all engines in an
engine family-control system combination. Operating schedules may be
different for different combinations.
(3) Exhaust emission deterioration factors will be determined on the
basis of the service accumulation described in paragraph (b)(2)(i) of
this section and related testing, according to the manufacturer's
procedures.
(4) The manufacturer shall determine, for each engine family, the
number of hours at which the engine system combination is stabilized for
emission-data testing. The manufacturer shall maintain, and provide to
the Administrator if requested a record of the rationale used in making
this determination. The manufacturer may elect to accumulate 125 hours
on each test engine within an engine family without making a
determination. Any engine used to represent emission-data engine
selections under Sec. 86.090-24(b)(2) shall be equipped with an engine
system combination that has accumulated at least the number of hours
determined under this paragraph. Complete exhaust emission tests shall
be conducted for each emission-data engine selection under Sec. 86.090-
24(b)(2). Evaporative emission controls need not be connected provided
normal operating conditions are maintained in the engine induction
system. The Administrator may determine under Sec. 86.090-24(f) that no
testing is required.
(d)(1) Paragraph (d) of this section applies to both light-duty
trucks and heavy-duty engines.
(2)(i) The results of all emission testing shall be supplied to the
Administrator. The manufacturer shall furnish to the Administrator
explanation for voiding any test. The Administrator will determine if
voiding the test was appropriate based upon the explanation given by the
manufacturer for the voided test. Tests between test points may be
conducted as required by the Administrator. Data from all tests
(including voided tests) may be submitted weekly to the Administrator,
but shall be air posted or delivered to the Administrator within 7 days
after completion of the tests. In addition, all test data shall be
compiled and provided to the Administrator in accordance with Sec.
86.090-23. Where the Administrator conducts a test on a durability-data
vehicle at a prescribed test point, the results of that test will be
used in the calculation of the deterioration factor.
[[Page 137]]
(ii) The results of all emission tests shall be recorded and
reported to the Administrator. These test results shall be rounded, in
accordance with ASTM E 29-67, to the number of decimal places contained
in the applicable emission standard expressed to one additional
significant figure.
(3) Whenever a manufacturer intends to operate and test a vehicle
(or engine) which may be used for emission data, the manufacturer shall
retain in its records all information concerning all emissions tests and
maintenance, including vehicle (or engine) alterations to represent
other vehicle (or engine) selections. This information shall be
submitted, including the vehicle (or engine) description and
specification information required by the Administrator, to the
Administrator following the emission-data test.
(4)-(5) [Reserved]
(6) Emission testing of any type with respect to any certification
vehicle or engine other than that specified in this subpart is not
allowed except as such testing may be specifically authorized by the
Administrator.
[54 FR 14478, Apr. 11, 1989]
Sec. 86.090-27 Special test procedures.
(a) The Administrator may, on the basis of written application by a
manufacturer, prescribe test procedures, other than those set forth in
this part, for any light-duty vehicle, light-duty truck, heavy-duty
engine, or heavy-duty vehicle which the Administrator determines is not
susceptible to satisfactory testing by the procedures set forth in this
part.
(b) If the manufacturer does not submit a written application for
use of special test procedures but the Administrator determines that a
light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty
vehicle is not susceptible to satisfactory testing by the procedures set
forth in this part, the Administrator shall notify the manufacturer in
writing and set forth the reasons for such rejection in accordance with
the provisions of Sec. 86.090-22(c).
[54 FR 14481, Apr. 11, 1989]
Sec. 86.091-2 Definitions.
The definitions of Sec. 86.090-2 remain effective. The definitions
listed in this section apply beginning with the 1991 model year.
Urban bus means a heavy heavy-duty diesel-powered passenger-carrying
vehicle with a load capacity of fifteen or more passengers and intended
primarily for intra-city operation, i.e., within the confines of a city
or greater metropolitan area. Urban bus operation is characterized by
short rides and frequent stops. To facilitate this type of operation,
more than one set of quick-operating entrance and exit doors would
normally be installed. Since fares are usually paid in cash or tokens
rather than purchased in advance in the form of tickets, urban buses
would normally have equipment installed for collection of fares. Urban
buses are also typically characterized by the absence of equipment and
facilities for long distance travel, e.g., rest rooms, large luggage
compartments, and facilities for stowing carry-on luggage. The useful
life for urban buses is the same as the useful life for other heavy
heavy-duty diesel engines.
[55 FR 30619, July 26, 1990]
Sec. 86.091-7 Maintenance of records; submittal of information; right of
entry.
(a) The manufacturer of any new motor vehicle (or new motor vehicle
engine) subject to any of the standards or procedures prescribed in this
subpart shall establish, maintain and retain the following adequately
organized and indexed records.
(1) General records. (i) The records required to be maintained by
this paragraph shall consist of:
(A) Identification and description of all certification vehicles (or
certification engines) for which testing is required under this subpart.
(B) A description of all emission control systems which are
installed on or incorporated in each certification vehicle (or
certification engine).
(C) A description of all procedures used to test each such
certification vehicle (or certification engine).
[[Page 138]]
(ii) A properly filed application for certification, following the
format prescribed by the US EPA for the appropriate model year, fulfills
each of the requirements of this paragraph (a)(1).
(2) Individual records. (i) A brief history of each motor vehicle
(or motor vehicle engine) used for certification under this subpart
including:
(A) In the case where a current production engine is modified for
use in a certification vehicle (or as a certification engine), a
description of the process by which the engine was selected and of the
modifications made. In the case where the engine for a certification
vehicle (or certification engine) is not derived from a current
production engine, a general description of the buildup of the engine
(e.g., experimental heads were cast and machined according to supplied
drawings, etc.). In both cases above, a description of the origin and
selection process for carburetor, distributor, fuel system components,
fuel injection components, emission control system components, smoke
exhaust emission control system components, and exhaust aftertreatment
devices as applicable, shall be included. The required descriptions
shall specify the steps taken to assure that the certification vehicle
(or certification engine) with respect to its engine, drivetrain, fuel
system, emission control system components, exhaust aftertreatment
devices, smoke exhaust emission control system components, vehicle
weight or any other devices or components, as applicable, that can
reasonably be expected to influence exhaust or evaporative emissions, as
applicable, will be representative of production vehicles (or engines)
and that either all components and/or vehicles (or engine) construction
processed, component inspection and selection techniques, and assembly
techniques employed in constructing such vehicles (or engines) are
reasonably likely to be implemented for production vehicles (or engines)
or that they are as closely analogous as practicable to planned
construction and assembly processed.
(B) A complete record of all emission tests performed (except tests
performed by EPA directly), including test results, the date and purpose
of each test, and the number of miles accumulated on the vehicle (or the
number of hours accumulated on the engine).
(C) The date of each mileage (or service) accumulation run, listing
the mileage (or number of operating hours) accumulated.
(D) [Reserved]
(E) A record and description of all maintenance and other servicing
performed, giving the date of the maintenance or service and the reason
for it.
(F) A record and description of each test performed to diagnose
engine or emission control system performance, giving the date and time
of the test and the reason for it.
(G) [Reserved]
(H) A brief description of any significant events affecting the
vehicle (or engine) during any time in the period covered by the history
not described by an entry under one of the previous headings including
such extraordinary events as vehicle accidents (or accidents involving
the engine) or dynamometer runaway.
(ii) Each such history shall be started on the date that the first
of any of the selection or buildup activities in paragraph (a)(2)(i)(A)
of this section occurred with respect to the certification vehicle (or
engine) changes or additional work is done on it, and shall be kept in a
designated location.
(3) All records, other than routine emission test records, required
to be maintained under this subpart shall be retained by the
manufacturer for a period of six (6) years after issuance of all
certificates of conformity to which they relate. Routine emission test
records shall be retained by the manufacturer for a period of one (1)
year after issuance of all certificates of conformity to which they
relate. Records may be retained as hard copy or reduced to microfilm,
ADP diskettes, etc., depending on the record retention procedures of the
manufacturer; Provided, That in every case all the information contained
in the hard copy shall be retained.
(b) The manufacturer of any new motor vehicle (or new motor vehicle
engine) subject to any of the standards prescribed in this subpart shall
submit to the Administrator at the time of issuance by the manufacturer
copies of
[[Page 139]]
all instructions or explanations regarding the use, repair, adjustment,
maintenance, or testing of such vehicle (or engine) relevant to the
control of crankcase, exhaust or evaporative emissions, as applicable,
issued by the manufacturer for use by other manufacturers, assembly
plants, distributors, dealers, and ultimate purchasers, Provided, That
any material not translated into the English language need not be
submitted unless specifically requested by the Administrator.
(c)(1) The manufacturer (or contractor for the manufacturer, if
applicable) of any new vehicle or engine that is certified under
averaging, trading, or banking programs (as applicable) shall establish,
maintain, and retain the following adequately organized and indexed
records for each such vehicle or heavy-duty engine produced:
(i) EPA engine family.
(ii) Vehicle (or engine) identification number.
(iii) Vehicle (or engine) model year and build date.
(iv) BHP rating (heavy-duty engines only).
(v) Purchaser and destination.
(vi) Assembly plant.
(2) The manufacturer (or contractor for the manufacturer, if
applicable) of any new vehicle or engine family that is certified under
averaging, trading, or banking programs (as applicable) shall establish,
maintain, and retain the following adequately organized and indexed
records for each such family:
(i) EPA engine family.
(ii) FEL.
(iii) BHP conversion factor and the transient test BHP for each
configuration tested (heavy-duty engines only).
(iv) Useful life.
(v) Projected U.S. production volume for the model year.
(vi) Actual U.S. production volume for the model year.
(3) The manufacturer (or contractor for the manufacturer, if
applicable) shall retain all records required to be maintained under
this section for a period of six years from the due date for the end-of-
model year averaging, trading, and banking reports. Records may be
retained as hard copy or reduced to microfilm, ADP files, etc.,
depending on the manufacturer's record retention procedure; Provided,
That in every case all the information contained in the hard copy is
retained.
(4) Nothing in this section limits the Administrator's discretion in
requiring the manufacturer to retain additional records or submit
information not specifically required by this section.
(5) Pursuant to a request made by the Administrator, the
manufacturer shall submit to him the information that is required to be
retained.
(6) EPA may void ab initio a certificate of conformity for a vehicle
or engine family for which the manufacturer fails to retain the records
required in this section or to provide such information to the
Administrator upon request.
(7) Any engine family using NCPs must comply with the provisions
established in the NCP program provided by 40 CFR part 86, subpart L.
(8) Any manufacturer, producing an engine family participating in
trading using reserved credits, shall maintain the following records on
a quarterly basis for each engine family in the trading subclass:
(i) The engine family,
(ii) The averaging set,
(iii) The actual quarterly and cumulative U.S. production volumes,
(iv) The value required to calculate credits as given in Sec.
86.091-15,
(v) The resulting type [NOX or particulate] and number of
credits generated/required,
(vi) How and where credit surpluses are dispersed, and
(vii) How and through what means credit deficits are met.
(d)(1) Any manufacturer who has applied for certification of a new
motor vehicle (or new motor vehicle engine) subject to certification
test under this subpart shall admit or cause to be admitted any EPA
Enforcement Officer or any EPA authorized representative during
operating hours on presentation of credentials to any of the following:
(i) Any facility where any such tests or any procedures or
activities connected with such test are or were performed.
(ii) Any facility where any new motor vehicle (or new motor vehicle
engine) which is being, was, or is to be tested is present.
[[Page 140]]
(iii) Any facility where any construction process or assembly
process used in the modification or build up of such a vehicle (or
engine) into a certification vehicle (or certification engine) is taking
place or has taken place.
(iv) Any facility where any record or other document relating to any
of the above is located.
(v) Any facility where any record or other document relating to the
information specified in paragraph (c) of this section is located.
(2) Upon admission to any facility referred to in paragraph (d)(1)
of this section, any EPA Enforcement Officer or any EPA authorized
representative shall be allowed:
(i) To inspect and monitor any part or aspect of such procedures,
activities, and testing facilities, including, but not limited to,
monitoring vehicle (or engine) preconditioning, emissions tests and
mileage (or service) accumulation, maintenance, and vehicle soak and
storage procedures (or engine storage procedures), and to verify
correlation or calibration of test equipment;
(ii) To inspect and make copies of any such records, designs, or
other documents, including those records specified in paragraph (c) of
this section; and
(iii) To inspect and/or photograph any part or aspect of any such
certification vehicle (or certification engine) and any components to be
used in the construction thereof.
(3) In order to allow the Administrator to determine whether or not
production motor vehicles (or production motor vehicle engines) conform
to the conditions upon which a certificate of conformity has been
issued, or conform in all material respects to the design specifications
which applied to those vehicles (or engines) described in the
application for certification for which a certificate of conformity has
been issued to standards prescribed under section 202 of the Act, any
manufacturer shall admit any EPA Enforcement Officer or any EPA
authorized representative on presentation of credentials to both:
(i) Any facility where any document, design, or procedure relating
to the translation of the design and construction of engines and
emission related components described in the application for
certification or used for certification testing into production vehicles
(or production engines) is located or carried on;
(ii) Any facility where any motor vehicles (or motor vehicle
engines) to be introduced into commerce are manufactured or assembled;
and
(iii) Any facility where records specified in paragraph (c) of this
section are located.
(4) On admission to any such facility referred to in paragraph
(d)(4) of this section, any EPA Enforcement Officer or any EPA
authorized representative shall be allowed:
(i) To inspect and monitor any aspects of such manufacture or
assembly and other procedures;
(ii) To inspect and make copies of any such records, documents or
designs;
(iii) To inspect and photograph any part or aspect of any such new
motor vehicles (or new motor vehicle engines) and any component used in
the assembly thereof that are reasonably related to the purpose of his
entry; and
(iv) To inspect and make copies of any records and documents
specified in paragraph (c) of this section.
(5) Any EPA Enforcement Officer or EPA authorized representative
shall be furnished by those in charge of a facility being inspected with
such reasonable assistance as he may request to help him discharge any
function listed in this paragraph. Each applicant for or recipient of
certification is required to cause those in charge of a facility
operated for its benefit to furnish such reasonable assistance without
charge to EPA whether or not the applicant controls the facility.
(6) The duty to admit or cause to be admitted any EPA Enforcement
Officer or EPA authorized representative applies whether or not the
applicant owns or controls the facility in question and applies both to
domestic and to foreign manufacturers and facilities. EPA will not
attempt to make any inspections which it has been informed that local
law forbids. However, if local law makes it impossible to do what is
necessary to insure the accuracy of data generated at a facility, no
informed judgment that a vehicle or engine is
[[Page 141]]
certifiable or is covered by a certificate can properly be based on
those data. It is the responsibility of the manufacturer to locate its
testing and manufacturing facilities in jurisdictions where this
situation will not arise.
(7) For purposes of this paragraph:
(i) Presentation of credentials shall mean display of the document
designating a person as an EPA Enforcement Officer or EPA authorized
representative.
(ii) Where vehicle, component, or engine storage areas or facilities
are concerned, operating hours shall mean all times during which
personnel other than custodial personnel are at work in the vicinity of
the area or facility and have access to it.
(iii) Where facilities or areas other than those covered by
paragraph (d)(7)(ii) of this section are concerned, operating hours
shall mean all times during which an assembly line is in operation or
all times during which testing, maintenance, mileage (or service)
accumulation, production or compilation of records, or any other
procedure or activity related to certification testing, to translation
of designs from the test stage to the production stage, or to vehicle
(or engine) manufacture or assembly is being carried out in a facility.
(iv) Reasonable assistance includes, but is not limited to,
clerical, copying, interpretation and translation services, the making
available on request of personnel of the facility being inspected during
their working hours to inform the EPA Enforcement Officer or EPA
authorized representative of how the facility operates and to answer his
questions, and the performance on request of emissions tests on any
vehicle (or engine) which is being, has been, or will be used for
certification testing. Such tests shall be nondestructive, but may
require appropriate mileage (or service) accumulation. A manufacturer
may be compelled to cause the personal appearance of any employee at
such a facility before an EPA Enforcement Officer or EPA authorized
representative by written request for his appearance, signed by the
Assistant Administrator for Air and Radiation, served on the
manufacturer. Any such employee who has been instructed by the
manufacturer to appear will be entitled to be accompanied, represented,
and advised by counsel.
(v) Any entry without 24 hour prior written or oral notification to
the affected manufacturer shall be authorized in writing by the
Assistant Administrator for Air and Radiation.
(8) EPA may void ab initio a certificate of conformity for vehicle
or engine families introduced into commerce if the manufacturer (or
contractor for the manufacturer, if applicable) fails to comply with any
provision of this section.
(e) EPA Enforcement Officers or EPA authorized representatives are
authorized to seek a warrant or court order authorizing the EPA
Enforcement Officers or EPA authorized representatives to conduct
activities related to entry and access as authorized in this section, as
appropriate, to execute the functions specified in this section. EPA
Enforcement Officers or EPA authorized representatives may proceed ex
parte to obtain a warrant whether or not the Enforcement Officers first
attempted to seek permission of the manufacturer or the party in charge
of the facilities in question to conduct activities related to entry and
access as authorized in this section.
(f) A manufacturer shall permit EPA Enforcement Officers or EPA
authorized representatives who present a warrant or court order as
described in paragraph (e) of this section to conduct activities related
to entry and access as authorized in this section and as described in
the warrant or court order. The manufacturer shall cause those in charge
of its facility or facility operated for its benefit to permit EPA
Enforcement Officers or EPA authorized representatives to conduct
activities related to entry and access as authorized in this section
pursuant to a warrant or court order whether or not the manufacturer
controls the facility. In the absence of such a warrant or court order,
EPA Enforcement Officers or EPA authorized representatives may conduct
activities related to entry and access as authorized in this section
only upon the consent of the manufacturer or the party in charge of the
facilities in question.
[[Page 142]]
(g) It is not a violation of this part or the Clean Air Act for any
person to refuse to permit EPA Enforcement Officers or EPA authorized
representatives to conduct activities related to entry and access as
authorized in this section without a warrant or court order.
[55 FR 30619, July 26, 1990]
Sec. 86.091-9 Emission standards for 1991 and later model year light-duty
trucks.
(a)(1) The standards set forth in paragraphs (a) through (c) of this
section shall apply to light-duty trucks sold for principal use at other
than a designated high-altitude location. Exhaust emissions from 1991
and later model year light-duty trucks shall not exceed:
(i)(A) Hydrocarbons (for petroleum-fueled Otto-cycle and diesel
light-duty trucks). 0.80 gram per vehicle mile (0.50 gram per vehicle
kilometer).
(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and
diesel light-duty trucks). 0.80 gram per vehicle mile (0.50 gram per
vehicle kilometer).
(ii) Carbon monoxide.
(A) 10 grams per vehicle mile (6.2 grams per vehicle kilometer).
(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle
and methanol-fueled diesel light-duty trucks only).
(iii) Oxides of nitrogen.
(A) For light-duty trucks up to and including 3,750 lbs loaded
vehicle weight, 1.2 grams per vehicle mile (0.75 gram per vehicle
kilometer).
(B) For light-duty trucks greater loaded vehicle weight, 1.7 grams
per vehicle mile (1.1 grams per vehicle kilometer).
(C) A manufacturer may elect to include any light-duty truck engine
families in the NOX averaging program, provided that it does
not elect to pay an NCP for noncompliance with any emission standard
applicable to that light-duty truck family. Trucks produced for sale in
California or in designated high-altitude areas may be averaged only
within each of those areas. Petroleum-fueled and methanol-fueled engine
families may not be averaged together. Otto-cycle and diesel engine
families may not be averaged together. If the manufacturer elects to
participate in the NOX averaging program, individual family
NOX emission limits may not exceed 2.3 grams per mile. If the
manufacturer elects to average together NOX emissions of
light-duty trucks subject to the standards of paragraphs (a)(1)(iii)(A)
and (a)(1)(iii)(B) of this section, its composite NOX
standard applies to the combined fleets of light-duty trucks up to and
including, and over, 3750 lbs loaded vehicle weight included in the
average, and is calculated as defined in Sec. 86.088-2.
(iv) Particulate (for diesel light-duty trucks only).
(A) For light-duty trucks up to and including 3,750 lbs loaded
vehicle weight, 0.26 gram per vehicle mile (0.16 gram per vehicle
kilometer).
(B) For light-duty trucks 3,751 lbs and greater loaded vehicle
weight, 0.13 gram per vehicle mile (0.08 gram per vehicle kilometer).
(C) A manufacturer may elect to include any diesel light-duty truck
engine families in the appropriate particulate averaging program
(petroleum and methanol), provided that it does not elect to pay an NCP
for noncompliance with any emission standard applicable to that light-
duty truck family. Trucks produced for sale in California or in
designated high-altitude areas may be averaged only within each of those
areas, and light-duty trucks subject to the standard of paragraph
(a)(1)(iv)(B) of this section may be averaged only with other light-duty
trucks subject to the standard of paragraph (a)(1)(iv)(B) of this
section. Averaging is not permitted between fuel types. If the
manufacturer elects to average both light-duty trucks subject to the
standards of paragraphs (a)(1)(iv)(A) of this section and light-duty
vehicles together in the appropriate particulate averaging program, its
composite particulate standard applies to the combined set of light-duty
vehicles and light-duty trucks that are included in the average and is
calculated as defined in Sec. 86.088-2.
(2) The standards set forth in paragraphs (a)(1)(i), (a)(1)(ii)(A),
(a)(1)(iii), and (a)(1)(iv) of this section refer to the exhaust emitted
over a driving schedule as set forth in subpart B of this part and
measured and calculated in
[[Page 143]]
accordance with those procedures. The standard set forth in paragraph
(a)(1)(ii)(B) of this section refers to the exhaust emitted at curb idle
and measured and calculated in accordance with the procedures set forth
in subpart P of this part.
(b) Fuel evaporative emissions from 1991 and later model year light-
duty trucks shall not exceed (compliance with these standards is
optional for 1991 model year methanol-fueled vehicles):
(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.0 grams
per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty
trucks). 2.0 grams per test.
(3) The standards set forth in paragraphs (b) (1) and (2) of this
section refer to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1991 and later model year light-duty truck.
(d)(1) Model year 1991 and later light-duty trucks sold for
principal use at a designated high-altitude location shall be capable of
meeting the following exhaust emission standards when tested under high-
altitude conditions:
(i)(A) Hydrocarbons (for petroleum-fueled Otto-cycle and diesel
light-duty trucks). 1.0 grams per vehicle mile (0.62 grams per vehicle
kilometer).
(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and
diesel light-duty trucks). 1.0 gram per vehicle mile (0.62 gram per
vehicle kilometer).
(ii) Carbon Monoxide. (A) 14 grams per vehicle mile (8.7 grams per
vehicle kilometer).
(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle
and methanol-fueled diesel light duty trucks only).
(iii) Oxides of Nitrogen. (A) For light-duty trucks up to and
including 3,750 lbs loaded vehicle weight, 1.2 grams per vehicle mile
(0.75 grams per vehicle kilometer).
(B) For light-duty trucks 3,751 lbs and greater loaded vehicle
weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).
(iv) Particulate (for diesel light-duty trucks only). (A) For light-
duty trucks up to and including 3,750 lbs loaded vehicle weight, 0.26
gram per vehicle mile (0.16 gram per vehicle kilometer).
(B) For light-duty trucks 3,751 lbs and greater loaded vehicle
weight, 0.13 gram per vehicle mile (0.08 gram per vehicle kilometer).
(2) The standards set forth in paragraphs (d)(1)(i), (d)(1)(ii)(A),
(d)(1)(iii), and (d)(1)(iv) of this section refer to the exhaust emitted
over a driving schedule as set forth in subpart B of this part and
measured and calculated in accordance with those procedures. The
standard set forth in paragraph (d)(1)(ii)(B) of this section refers to
the exhaust emitted at curb idle and measured and calculated in
accordance with the procedures set forth in subpart P of this part.
(e) Fuel evaporative emissions from 1991 and later model year light-
duty trucks sold for principal use at a designated high-altitude
location, when tested under high-altitude conditions, shall not exceed:
(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.6 grams
per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty
trucks). 2.6 grams per test.
(3) The standards set forth in paragraphs (e) (1) and (2) of this
section refer to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
(f) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1991 and later model year light-duty trucks sold for
principal use at a designated high-altitude location.
(g)(1) Any light-duty truck that a manufacturer wishes to certify
for sale at low altitude must be capable of meeting high-altitude
emission standards (specified in paragraphs (d) through (f) of this
section). The manufacturer may specify vehicle adjustments or
modifications to allow the vehicle to meet high-altitude standards but
these adjustments or modifications may not alter the vehicle's basic
engine, inertia weight class, transmission configuration, and axle
ratio.
[[Page 144]]
(i) A manufacturer may certify unique configurations to meet the
high-altitude standards but is not required to certify these vehicle
configurations to meet the low-altitude standards.
(ii) Any adjustments or modifications that are recommended to be
performed on vehicles to satisfy the requirements of paragraph (g)(1) of
this section:
(A) Shall be capable of being effectively performed by commercial
repair facilities, and
(B) Must be included in the manufacturer's application for
certification.
(2) The manufacturer may exempt 1991 and later model year vehicles
from compliance with the high-altitude emission standards set forth in
paragraphs (d) and (e) of this section if the vehicles are not intended
for sale at high altitude and if the following requirements are met. A
vehicle configuration shall only be considered eligible for exemption if
the requirements of either paragraph (g)(2) (i), (ii), (iii), or (iv) of
this section are met.
(i) Its design parameters (displacement-to-weight ratio (D/W) and
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted
range for that manufacturer for that year. The exempted range is
determined according to the following procedure:
(A) The manufacturer shall graphically display the D/W and N/V data
of all vehicle configurations it will offer for the model year in
question. The axis of the abscissa shall be D/W (where (D) is the engine
displacement expressed in cubic centimeters and (W) is the gross vehicle
weight (GVW) expressed in pounds), and the axis of the ordinate shall be
N/V (where (N) is the crankshaft speed expressed in revolutions per
minute and (V) is the vehicle speed expressed in miles per hour). At the
manufacturer's option, either the 1:1 transmission gear ratio or the
lowest numerical gear ratio available in the transmission will be used
to determine N/V. The gear selection must be the same for all N/V data
points on the manufacturer's graph. For each transmission/axle ratio
combination, only the lowest N/V value shall be used in the graphical
display.
(B) The product line is then defined by the equation, N/V = C(D/
W)-0.9 where the constant, C, is determined by the
requirement that all the vehicle data points either fall on the line or
lie to the upper right of the line as displayed on the graphs.
(C) The exemption line is then defined by the equation, N/V = C(0.84
D/W)-0.9 where the constant, C, is the same as that found in
paragraph (g)(2)(i)(B) of this section.
(D) The exempted range includes all values of N/V and D/W which
simultaneously fall to the lower left of the exemption line as drawn on
the graph.
(ii) Its design parameters fall within the alternate exempted range
for that manufacturer that year. The alternate exempted range is
determined by substituting rated horsepower (hp) for displacement (D) in
the exemption procedure described in paragraph (g)(2)(i) of this section
and by using the product line N/V = C(hp/W)-0.9.
(A) Rated horsepower shall be determined by using the Society of
Automotive Engineers Test Procedure J 1349, or any subsequent version of
that test procedure. Any of the horsepower determinants within that test
procedure may be used, as long as it is used consistently throughout the
manufacturer's product line in any model year.
(B) No exemptions will be allowed under paragraph (g)(2)(ii) of this
section to any manufacturer that has exempted vehicle configurations as
set forth in paragraph (g)(2)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to
accelerate from 0 to a speed not less than 40 miles per hour and not
greater than 50 miles per hour) under high-altitude conditions is
greater than the largest acceleration time under low-altitude conditions
for that manufacturer for that year. The procedure to be followed in
making this determination is:
(A) The manufacturer shall list the vehicle configuration and
acceleration time under low-altitude conditions of that vehicle
configuration which has the highest acceleration time under low-altitude
conditions of all the vehicle configurations it will offer for the model
year in question. The manufacturer shall also submit a description of
the methodology used to make this determination.
[[Page 145]]
(B) The manufacturer shall then list the vehicle configurations and
acceleration times under high-altitude conditions of all those vehicles
configurations which have higher acceleration times under high-altitude
conditions than the highest acceleration time at low altitude identified
in paragraph (g)(2)(iii)(A) of this section.
(iv) In lieu of performing the test procedure of paragraph
(g)(2)(iii) of this section, its acceleration time can be estimated
based on the manufacturer's engineering evaluation, in accordance with
good engineering practice, to meet the exemption criteria of paragraph
(g)(2)(iii) of this section.
(3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph
(g)(2) of this section will be considered a violation of section
203(a)(1) of the Clean Air Act.
[53 FR 43876, Oct. 31, 1988, as amended at 54 FR 14612, Apr. 11, 1989;
55 FR 46627, Nov. 5, 1990]
Sec. 86.091-10 Emission standards for 1991 and later model year Otto-cycle
heavy-duty engines and vehicles.
(a)(1) Exhaust emissions from new 1991 and later model year Otto-
cycle heavy-duty engines shall not exceed (compliance with these
standards is optional through the 1996 model year natural gas- and
liquefied petroleum gas-fueled heavy-duty engines):
(i) For Otto-cycle heavy-duty engines fueled with either gasoline or
liquefied petroleum gas, and intended for use in all vehicles except as
provided in paragraph (a)(3) of this paragraph.
(A) Hydrocarbons. 1.1 grams per brake horsepower-hour (0.41 gram per
megajoule), as measured under transient operating conditions.
(B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36
grams per megajoule), as measured under transient operating conditions.
(2) For Otto-cycle heavy-duty engines fueled with either gasoline or
liquefied petroleum gas and utilizing aftertreatment technology. 0.50
percent of exhaust gas flow at curb idle.
(C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9
grams per megajoule), as measured under transient operating conditions.
(2) A manufacturer may elect to include any or all of its gasoline-
fueled Otto-cycle heavy duty engine families in any or all of the
NOX averaging, trading, or banking programs for heavy-duty
engines, within the restrictions described in Sec. 86.091-15. If the
manufacturer elects to include engine families in any of these programs,
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether
credits for the family are derived from averaging, trading, or banking
programs.
(3) A manufacturer may elect to include any or all of its liquefied
petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all
of the NOX averaging, trading, or banking programs for heavy-
duty engines, within the restrictions described in Sec. 86.091-15. If
the manufacturer elects to include engine families in any of these
programs, the NOX FELs may not exceed 6.0 grams per brake
horsepower-hour (2.2 grams per megajoule). This ceiling value applies
whether credits for the family are derived from averaging, trading or
banking programs.
(ii) For Otto-cycle heavy-duty engines fueled with either gasoline
or liquefied petroleum gas, and intended for use only in vehicles with a
Gross Vehicle Weight Rating of greater than 14,000 lbs.
(A) Hydrocarbons. 1.9 grams per brake horsepower-hour (0.71 gram per
megajoule), as measured under transient operating conditions.
(B) Carbon Monoxide. (1) 37.1 grams per brake horsepower-hour (13.8
grams per megajoule), as measured under transient operating conditions.
(2) For Otto-cycle heavy-duty engines fueled with either gasoline or
liquefied petroleum gas and utilizing aftertreatment technology. 0.50
percent of exhaust gas flow at curb idle.
(C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9
grams per megajoule), as measured under transient operating conditions.
(2) A manufacturer may elect to include any or all of its gasoline-
fueled Otto-cycle heavy-duty engine families in any or all of the
NOX averaging,
[[Page 146]]
trading, or banking programs for heavy-duty engines, within the
restrictions described in Sec. 86.091-15. If the manufacturer elects to
include engine families in any of these programs, the NOX
FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per
megajoule). This ceiling value applies whether credits for the family
are derived from averaging, trading or banking programs.
(3) A manufacturer may elect to include any or all of its liquefied
petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all
of the NOX averaging, trading or banking programs for heavy-
duty engines, within the restrictions described in Sec. 86.091-15. If
the manufacturer elects to include engine families in any of these
programs, the NOX FELs may not exceed 6.0 grams per brake
horsepower-hour (2.2 grams per megajoule). This ceiling value applies
whether credits for the family are derived from averaging, trading or
banking programs.
(iii) For methanol-fueled Otto-cycle heavy-duty engines intended for
use in all vehicles, except as provided in paragraph (a)(3) of this
section.
(A) Total Hydrocarbon Equivalent. 1.1 gram per brake horsepower-hour
(0.41 gram per megajoule), as measured under transient operating
conditions.
(B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36
grams per megajoule), as measured under transient operating conditions.
(2) 0.50 percent of exhaust gas flow at curb idle.
(C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9
grams per megajoule), as measured under transient operating conditions.
(2) A manufacturer may elect to include any or all of its methanol-
fueled Otto-cycle heavy-duty engine families in any or all of the
NOX averaging, trading, or banking programs for heavy-duty
engines, within the restrictions described in Sec. 86.091-15. If the
manufacturer elects to include engine families in any of these programs,
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether
credits for the family are derived from averaging, trading or banking
programs.
(iv) For methanol-fueled Otto-cycle heavy-duty engines intended for
use only in vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs.
(A) Total Hydrocarbon Equivalent. 1.9 grams per brake horsepower-
hour (0.71 gram per megajoule), as measured under transient operating
conditions.
(B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour (13.8
grams per megajoule), as measured under transient operating conditions.
(2) 0.50 percent of exhaust gas flow at curb idle.
(C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9
grams per megajoule), as measured under transient operating conditions.
(2) A manufacturer may elect to include any or all of its methanol-
fueled Otto-cycle heavy-duty engine families in any or all of the
NOX averaging, trading, or banking programs for heavy-duty
engines, within the restrictions described in Sec. 86.091-15. If the
manufacturer elects to include engine families in any of these programs,
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether
credits for the family are derived from averaging, trading or banking
programs.
(v) For natural gas-fueled Otto-cycle heavy-duty engines intended
for use in all vehicles except as provided in paragraph (a)(3) of this
section.
(A) Nonmethane hydrocarbons. 0.9 gram per brake horsepower-hour
(0.33 gram per megajoule), as measured under transient operating
conditions.
(B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36
grams per megajoule), as measured under transient operating conditions.
(2) For natural gas-fueled Otto-cycle heavy-duty engines utilizing
aftertreatment technology. 0.50 percent of exhaust flow at curb idle.
(C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9
grams per megajoule), as measured under transient operating conditions.
(2) A manufacturer may elect to include any or all of its natural
gas-fueled Otto-cycle heavy-duty engine families in any or all of the
NOX averaging, trading or banking programs for
[[Page 147]]
heavy-duty engines, within the restrictions described in Sec. 86.091-
15. If the manufacturer elects to include engine families in any of
these programs, the NOX FELs may not exceed 6.0 grams per
brake horsepower-hour (2.2 grams per megajoule). This ceiling value
applies whether credits for the family are derived from averaging,
trading or banking programs.
(vi) For natural gas-fueled Otto-cycle engines intended for use only
in vehicles with a Gross Vehicle Weight Rating of greater than 14,000
lbs.
(A) Nonmethane hydrocarbons. 1.7 grams per brake horsepower-hour
(0.63 gram per megajoule), as measured under transient operating
conditions.
(B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour (13.8
grams per megajoule), as measured under transient operating conditions.
(2) For natural gas-fueled Otto-cycle heavy-duty engines utilizing
aftertreatment technology. 0.50 percent of exhaust gas flow at curb
idle.
(C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9
grams per megajoule), as measured under transient operating conditions.
(2) A manufacturer may elect to include any or all of its natural
gas-fueled Otto-cycle heavy-duty engine families in any or all of the
NOX averaging, trading or banking programs for heavy-duty
engines, within the restrictions described in Sec. 86.091-15. If the
manufacturer elects to include engine families in any of these programs,
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether
credits for the family are derived from averaging, trading or banking
programs.
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the operating schedule set forth in
paragraph (f)(1) of appendix I to this part, and measured and calculated
in accordance with the procedures set forth in subpart N or P.
(3)(i) A manufacturer may certify one or more Otto-cycle heavy-duty
engine configurations intended for use in all vehicles to the emission
standards set forth in paragraphs (a)(1)(ii), (a)(1)(iv) or (a)(1)(vi)
of this section: Provided, that the total model year sales of such
configuration(s), segregated by fuel type, being certified to the
emission standards in paragraph (a)(1)(ii) of this section represent no
more than five percent of total model year sales of each fuel type Otto-
cycle heavy-duty engine intended for use in vehicles with a Gross
Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.
(ii) The configurations certified to the emission standards of
paragraphs (a)(1) (ii), (iv) and (vi) of this section under the
provisions of paragraph (a)(3)(i) of this section shall still be
required to meet the evaporative emission standards set forth in
paragraphs (b)(1)(i), (b)(2)(i) and (b)(3)(i) of this section.
(b) Evaporative emissions from 1991 and later model year heavy-duty
vehicles shall not exceed:
(1) Hydrocarbons (for vehicles equipped with gasoline-fueled
engines). (i) For vehicles with a Gross Vehicle Weight Rating of up to
14,000 lbs, 3.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs, 4.0 grams per test.
(2) Total Hydrocarbon Equivalent (for vehicles equipped with
methanol-fueled engines).
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
lbs, 3.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs, 4.0 grams per test.
(3)(i) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of
this section refer to a composite sample of evaporative emissions
collected under the conditions set forth in subpart M and measured in
accordance with those procedures.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and
(b)(2)(ii) of this section refer to the manufacturer's engineering
design evaluation using good engineering practice (a statement of which
is required in Sec. 86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any new 1991 or later model year Otto-cycle heavy-duty
engine.
[[Page 148]]
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart N or P of this part to ascertain that such test engines meet the
requirements of paragraphs (a) and (c) of this section.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10652, Mar. 15, 1985, as amended at 54 FR 14464, Apr. 11, 1989;
55 FR 30622, July 26, 1990; 59 FR 48492, Sept. 21, 1994]
Sec. 86.091-11 Emission standards for 1991 and later model year diesel
heavy-duty engines.
(a)(1) Exhaust emissions from new 1991 and later model year diesel
heavy-duty engines shall not exceed the following:
(i)(A) Hydrocarbons (for petroleum-fueled diesel engines). 1.3 grams
per brake horsepower-hour (0.48 gram per megajoule), as measured under
transient operating conditions.
(B) Total Hydrocarbon Equivalent (for methanol-fueled diesel
engines). 1.3 grams per brake horsepower-hour (0.48 gram per megajoule),
as measured under transient operating conditions.
(ii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour (5.77
grams per megajoule), as measured under transient operating conditions.
(B) 0.50 percent of exhaust gas flow at curb idle (methanol-fueled
diesel only).
(iii) Oxides of nitrogen. (A) 5.0 grams per brake horsepower-hour
(1.9 grams per megajoule), as measured under transient operating
conditions.
(B) A manufacturer may elect to include any or all of its diesel
heavy-duty engine families in any or all of the NOX
averaging, trading, or banking programs for heavy-duty engines, within
the restrictions described in Sec. 86.091-15. If the manufacturer
elects to include engine families in any of these programs, the
NOX FELs may not exceed 6.0 grams per brake horsepower-hour
(2.2 grams per megajoule). This ceiling value applies whether credits
for the family are derived from averaging, trading or banking programs.
(iv) Particulate (A) For all diesel engines, including those to be
used in urban buses, 0.25 gram per brake horsepower-hour (0.093 gram per
megajoule) as measured under transient operating conditions.
(B) [Reserved]
(C) A manufacturer may elect to include any or all of its diesel
heavy-duty engine families in any or all of the particulate averaging,
trading, or banking programs for heavy-duty engines, within the
restrictions described in Sec. 86.091-15. If the manufacturer elects to
include engine families in any of these programs, the particulate FELs
may not exceed 0.60 gram per brake horsepower-hour (0.22 gram per
megajoule). This ceiling value applies whether credits for the family
are derived from averaging, trading or banking programs.
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over operating schedules as set forth in
paragraph (f)(2) of appendix I of this part, and measured and calculated
in accordance with the procedures set forth in subpart N of this part,
except as noted in Sec. 86.091-23(c)(2) (i) and (iii).
(b)(1) The opacity of smoke emission from new 1991 and later model
year diesel heavy-duty engines shall not exceed:
(i) 20 percent during the engine acceleration mode.
(ii) 15 percent during the engine lugging mode.
(iii) 50 percent during the peaks in either mode.
(2) The standards set forth in paragraph (b)(1) of this section
refer to exhaust smoke emissions generated under the conditions set
forth in subpart I of this part and measured and calculated in
accordance with those procedures.
(3) Evaporative emissions (total of non-oxygenated hydrocarbons plus
methanol) from 1991 and later model year heavy-duty vehicles equipped
with methanol-fueled diesel engines shall not exceed:
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000
lbs, 3.0 grams per test.
[[Page 149]]
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs, 4.0 grams per test.
(4)(i) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 lbs, the standards set forth in paragraph (b)(3) of this section
refer to a composite sample of evaporative emissions collected under the
conditions set forth in subpart M and measured in accordance with those
procedures.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
26,000 lbs, the standard set forth in paragraph (b)(3)(ii) of this
section refers to the manufacturers' engineering design evaluation using
good engineering practice (a statement of which is required in Sec.
86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any new 1991 or later model year methanol-fueled diesel,
or any naturally-aspirated diesel heavy-duty engine. For petroleum
fueled engines only, this provision does not apply to engines using
turbochargers, pumps, blowers, or superchargers for air induction.
(d) Every manufacturer of new motor vehicle engines subject to the
standards prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart I or N of this part to ascertain that such test engines meet the
requirements of paragraphs (a), (b), and (c) and (d) of this section.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10653, Mar. 15, 1985, as amended at 54 FR 14465, Apr. 11, 1989;
55 FR 30622, July 26, 1990; 56 FR 64711, Dec. 12, 1991]
Sec. 86.091-15 NOX and particulate averaging, trading, and
banking for heavy-duty engines.
(a)(1) Heavy-duty engines eligible for the NOX and
particulate averaging, trading, and banking programs are described in
the applicable emission standards sections in this subpart.
Participation in these programs is voluntary.
(2)(i) Engine families with FELs exceeding the applicable standard
shall obtain emission credits in a mass amount sufficient to address the
shortfall. Credits may be obtained from averaging, trading, or banking,
within the averaging set restrictions described in this section.
(ii) Engine families with FELs below the applicable standard will
have emission credits available to average, trade, bank or a combination
thereof. Credits may not be used to offset emissions that exceed an FEL.
Credits may not be used to remedy an in-use nonconformity determined by
a Selective Enforcement Audit or by recall testing. However, credits may
be used to allow subsequent production of engines for the family in
question if the manufacturer elects to recertify to a higher FEL.
(iii) Engine families within a given averaging set may not both
generate and use like emission credits in the same model year. This
restriction is to be applied on a pollutant-specific basis.
(b) Participation in the NOX and/or particulate
averaging, trading, and banking programs shall be done as follows.
(1) During certification, the manufacturer shall:
(i) Declare its intent to include specific engine families in the
averaging, trading and/or banking programs. Separate declarations are
required for each program and for each pollutant (i.e., NOX
and particulate).
(ii) Declare an FEL for each engine family participating in one or
more of these three programs.
(A) The FEL must be to the same level of significant digits as the
emission standard (one-tenth of a gram per brake horsepower for
NOX emissions and one-hundredth of a gram per brake
horsepower-hour for particulate emissions).
(B) In no case may the FEL exceed the upper limit prescribed in the
section concerning the applicable heavy-duty engine NOX and
particulate emission standards.
(iii) Calculate the projected emission credits ( + / - ) based on
quarterly production projections for each participating family and for
each pollutant (NOX and particulate), using the equation in
paragraph (c) of this section
[[Page 150]]
and the applicable factors for the specific engine family.
(iv)(A) Determine and state the source of the needed credits
according to quarterly projected production for engine families
requiring credits for certification.
(B) State where the quarterly projected credits will be applied for
engine families generating credits.
(C) Credits may be obtained from or applied to only engine families
within the same averaging set as described in paragraphs (d) and (e) of
this section. Credits available for averaging, trading, or banking as
defined in Sec. 86.090-2, may be applied to a given engine famil(y)
(ies), or reserved as defined in Sec. 86.091-2.
(2) Based on this information each manufacturer's certification
application must demonstrate:
(i) That at the end of model year production, each engine family has
a net emissions credit balance of zero or more using the methodology in
paragraph (c) of this section with any credits obtained from averaging,
trading or banking.
(ii) The source of the credits to be used to comply with the
emission standard if the FEL exceeds the standard, or where credits will
be applied if the FEL is less than the emission standard. In cases where
credits are being obtained, each engine family involved must state
specifically the source (manufacturer/engine family) of the credits
being used. In cases where credits are being generated/supplied, each
engine family involved must state specifically the designated use
(manufacturer/engine family or reserved) of the credits involved. All
such reports shall include all credits involved in averaging, trading or
banking.
(3) During the model year manufacturers must:
(i) Monitor projected versus actual production to be certain that
compliance with the emission standards is achieved at the end of the
model year.
(ii) Provide the end of-model year reports required under Sec.
86.091-23.
(iii) Maintain the quarterly records required under Sec. 86.091-
7(c)(8).
(4) Projected credits based on information supplied in the
certification application may be used to obtain a certificate of
conformity. However, any such credits may be revoked based on review of
end-of-model year reports, follow-up audits, and any other verification
steps deemed appropriate by the Administrator.
(5) Compliance under averaging, banking, and trading will be
determined at the end of the model year. Engine families without an
adequate amount of actual NOX and/or particulate emission
credits will violate the conditions of the certificate of conformity.
The certificates of conformity may be voided ab initio for those engine
families.
(6) If EPA or the manufacturer determines that a reporting error
occurred on an end-of-year report previously submitted to EPA under this
section, the manufacturer's credits and credit calculations will be
recalculated. Erroneous positive credits will be void. Erroneous
negative credit balances may be adjusted by EPA.
(i) If EPA review of a manufacturer's end-of-year report indicates
an inadvertent credit shortfall, the manufacturer will be permitted to
purchase the necessary credits to bring the credit balance for that
engine family to zero, at the ratio of 1.2 credits purchased for every
credit needed to bring the balance to zero. If sufficient credits are
not available to bring the credit balance for the engine family in
question to zero, EPA may void the certificate for that engine family ab
initio.
(ii) If within 90 days of receipt of the manufacturer's end-of-year
report, EPA review determines a reporting error in the manufacturer's
favor (i.e., resulting in a positive credit balance) or if the
manufacturer discovers such an error within 90 days of EPA receipt of
the end-of-year report, the credits will be restored for use by the
manufacturer.
(c)(1) For each participating engine family, NOX and
particulate emission credits (positive or negative) are to be calculated
according to one of the following equations and rounded, in accordance
with ASTM E29-67, to the nearest one-tenth of a Megagram (Mg).
Consistent units are to be used throughout the equation.
For determining credit need for all engine families and credit
availability
[[Page 151]]
for engine families generating credits for averaging programs only:
Emission credits=(Std-FEL)x(CF)x(UL)x- (Production)x(10-6)
For determining credit availability for engine families generating
credits for trading or banking programs:
Emission credits=(Std-FEL)x(CF)x(UL)x-
(Production)x(10-6)x(0.8)
Where:
Std=the current and applicable heavy-duty engine NOX or
particulate emission standard in grams per brake horsepower hour or
grams per Megajoule.
FEL=the NOX or particulate family emission limit for the
engine family in grams per brake horsepower-hour or grams per Megajoule.
CF=a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given
in paragraph (c)(2) of this section.
UL=the useful life, or alternative life as described in paragraph (f) of
Sec. 86.090-21, for the given engine family in miles.
Production=the number of engines produced for U.S. sales within the
given engine family during the model year. Quarterly production
projections are used for initial certification. Actual production is
used for end-of-year compliance determination.
0.8=a one-time discount applied to all credits to be banked or traded
within the model year generated. Banked credits traded in a subsequent
model year will not be subject to an additional discount. Banked credits
used in a subsequent model year's averaging program will not have the
discount restored.
(2) The transient cycle conversion factor is the total (integrated)
cycle brake horsepower-hour or Megajoules, divided by the equivalent
mileage of the applicable transient cycle. For Otto-cycle heavy-duty
engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty
engines, the equivalent mileage is 6.5 miles. When more than one
configuration is chosen by EPA to be tested in the certification of an
engine family (as described in Sec. 86.085-24), the conversion factor
used is to be based upon the configuration generating the highest
conversion factor when determining credit need and the lowest conversion
factor when determining credit availability for banking, trading or
averaging.
(d) Averaging sets for NOX emission credits: The
averaging and trading of NOX emission credits will only be
allowed between heavy-duty engine families in the same averaging set and
in the same regional category. Engines produced for sale in California
constitute a separate regional category than engines produced for sale
in the other 49 states. Banking and trading are not applicable to
engines sold in California. The averaging sets for the averaging and
trading of NOX emission credits for heavy-duty engines are
defined as follows:
(1) For Otto-cycle heavy-duty engines:
(i) Otto-cycle heavy-duty engines constitute an averaging set.
Averaging and trading among all Otto-cycle heavy-duty engine families is
allowed. There are no subclass restrictions.
(ii) Gasoline-fueled heavy-duty vehicles certified under the
provisions of Sec. 86.085-1(b) may not average or trade credits with
gasoline-fueled heavy-duty Otto-cycle engines, but may average or trade
credits with light-duty trucks.
(2) For diesel cycle heavy-duty engines:
(i) Each of the three primary intended service classes for heavy-
duty diesel engines, as defined in Sec. 86.090-2, constitute an
averaging set. Averaging and trading among all diesel cycle engine
families within the same primary service class is allowed.
(ii) Urban buses are treated as members of the primary intended
service class where they would otherwise fall.
(e) Averaging sets for particulate emission credits. The averaging
and trading of particulate emission credits will only be allowed between
diesel cycle heavy-duty engine families in the same averaging set and in
the same regional category. Engines produced for sale in California
constitute a separate regional category than engines produced for sale
in the other 49 states. Banking and trading are not applicable to
engines sold in California. The averaging sets for the averaging and
trading of particulate emission credits for diesel cycle heavy-duty
engines are defined as follows:
(1) Engines intended for use in urban buses constitute a separate
averaging set from all other heavy-duty engines.
[[Page 152]]
Averaging and trading among all diesel cycle bus engine families is
allowed.
(2) For heavy-duty engines, exclusive of urban bus engines, each of
the three primary intended service classes for heavy-duty diesel cycle
engines, as defined in Sec. 86.090-2, constitute an averaging set.
Averaging and trading between diesel cycle engine families within the
same primary service class is allowed.
(3) Otto-cycle engines may not participate in particulate averaging,
trading, or banking.
(f) Banking of NOX and particulate emission credits:
(1) Credit deposits. (i) Under this phase of the banking program,
emission credits may be banked from engine families produced during the
three model years prior to the effective model year of the new HDE
NOX or particulate emission standard. Credits may not be
banked from engine families made during any other model years.
(ii) Manufacturers may bank credits only after the end of the model
year and after EPA has reviewed their end-of-year report. During the
model year and before submittal of the end-of-year report, credits
originally designated in the certification process for banking will be
considered reserved and may be redesignated for trading or averaging.
(2) Credit withdrawals. (i) After being generated, banked/reserved
credits shall be available for use three model years prior to, through
three model years immediately after the effective date of the new HDE
NOX or particulate emission standard, as applicable. However,
credits not used within the period specified above shall be forfeited.
(ii) Manufacturers withdrawing banked emission credits shall
indicate so during certification and in their credit reports, as
described in Sec. 86.091-23.
(3) Use of banked emission credits. The use of banked credits shall
be within the averaging set and other restrictions described in
paragraphs (d) and (e) of this section, and only for the following
purposes:
(i) Banked credits may be used in averaging, trading, or in any
combination thereof, during the certification period. Credits declared
for banking from the previous model year but unreviewed by EPA may also
be used. However, they may be revoked at a later time following EPA
review of the end-of-year report or any subsequent audit actions.
(ii) Banked credits may not be used for NOX or
particulate averaging and trading to offset emissions that exceed an
FEL. Banked credits may not be used to remedy an in-use nonconformity
determined by a Selective Enforcement Audit or by recall testing.
However, banked credits may be used for subsequent production of the
engine family if the manufacturer elects to recertify to a higher FEL.
(g)(1) The following paragraphs assume NOX and
particulate nonconformance penalties (NCPs) will be available for the
1991 and later model year HDEs.
(2) Engine families paying an NCP for noncompliance of any emission
standard may not:
(i) Participate in the averaging program,
(ii) Generate emission credits for any pollutant under banking and
trading, and
(iii) Use emission credits for any pollutant from banking and
trading.
(3) If a manufacturer has any engine family to which application of
NCPs and averaging, banking, and trading credits is desired, that family
must be separated into two distinct families. One family, whose FEL
equals the standard, must use NCPs only, while the other, whose FEL does
not equal the standard, must use emission credits only.
(4) If a manufacturer has any engine family in a given averaging set
which is using NOX and/or particulate NCPs, none of that
manufacturer's engine families in that averaging set may generate
credits for banking and trading.
(h) In the event of a negative credit balance in a trading
situation, both the buyer and the seller would be liable.
(i) Certification fuel used for credit generation must be of a type
that is both available in use and expected to be used by the engine
purchaser. Therefore, upon request by the Administrator, the engine
manufacturer must provide information acceptable to the Administrator
that the designated fuel
[[Page 153]]
is readily available commercially and would be used in customer service.
[55 FR 30622, July 26, 1990, as amended at 55 FR 46628, Nov. 5, 1990]
Sec. 86.091-21 Application for certification.
(a) A separate application for a certificate of conformity shall be
made for each set of standards (or family emission limits, as
appropriate) and each class of new motor vehicles or new motor vehicle
engines. Such application shall be made to the Administrator by the
manufacturer and shall be updated and corrected by amendment.
(b) The application shall be in writing, signed by an authorized
representative of the manufacturer, and shall include the following:
(1)(i) Identification and description of the vehicles (or engines)
covered by the application and a description of their engine (vehicles
only), emission control system and fuel system components. This shall
include a detailed description of each auxiliary emission control device
(AECD) to be installed in or on any certification test vehicle (or
certification test engine).
(ii)(A) The manufacturer shall provide to the Administrator in the
application for certification:
(1) A list of those parameters which are physically capable of being
adjusted (including those adjustable parameters for which access is
difficult) and that, if adjusted to settings other than the
manufacturer's recommended setting, may affect emissions;
(2) A specification of the manufacturer's intended physically
adjustable range of each such parameter, and the production tolerances
of the limits or stops used to establish the physically adjustable
range;
(3) A description of the limits or stops used to establish the
manufacturer's intended physically adjustable range of each adjustable
parameter, or any other means used to inhibit adjustment;
(4) The nominal or recommended setting, and the associated
production tolerances, for each such parameter.
(B) The manufacturer may provide, in the application for
certification, information relating to why certain parameters are not
expected to be adjusted in actual use and to why the physical limits or
stops used to establish the physically adjustable range of each
parameter, or any other means used to inhibit adjustment, are effective
in preventing adjustment of parameters on in-use vehicles to settings
outside the manufacturer's intended physically adjustable ranges. This
may include results of any tests to determine the difficulty of gaining
access to an adjustment or exceeding a limit as intended or recommended
by the manufacturer.
(C) The Administrator may require to be provided detailed drawings
and descriptions of the various emission related components, and/or
hardware samples of such components, for the purpose of making his
determination of which vehicle or engine parameter will be subject to
adjustment for new certification and Selective Enforcement Audit testing
and of the physically adjustable range for each such vehicle or engine
parameter.
(2) Projected U.S. sales data sufficient to enable the Administrator
to select a test fleet representative of the vehicles (or engines) for
which certification is requested. The sales data shall also include the
altitude of intended sale for light-duty trucks.
(3) A description of the test equipment and fuel proposed to be
used.
(4)(i) For light-duty vehicles and light-duty trucks, a description
of the test procedures to be used to establish the evaporative emission
deterioration factors required to be determined and supplied in Sec.
86.091-23(b)(2).
(ii) For heavy-duty vehicles equipped with gasoline-fueled or
methanol-fueled engines, the Administrator does not assume that each
evaporative emission family-evaporative emission control system
combination will deteriorate in a unique manner during the useful life
of the vehicle. The manufacturer shall therefore identify those
evaporative emission deterioration factors which shall be applied to the
various evaporative emission family-evaporative emission control system
combinations which are expected to exhibit similar deterioration
characteristics during the useful life of the vehicle.
[[Page 154]]
(5)(i)(A) A description of the test procedures to be used to
establish the durability data or the exhaust emission deterioration
factors required to be determined and supplied in Sec. 86.091-23(b)(1).
(B) A statement of the useful life of each light-duty truck engine
family or heavy-duty engine family.
(C) For engine families provided an alternative useful-life period
under paragraph (f) of this section, a statement of that alternative
period and a brief synopsis of the justification.
(ii) For heavy-duty diesel engine families, a statement of the
primary intended service class (light, medium, or heavy) and an
explanation as to why that service class was selected. Each diesel
engine family shall be certified under one primary intended service
class only. After reviewing the guidance in Sec. 86.090-2, the class
shall be determined on the basis of which class best represents the
majority of the sales of that engine family.
(iii)(A) For each light-duty truck engine family and each heavy-duty
engine family, a statement of recommended maintenance and procedures
necessary to assure that the vehicles (or engines) covered by a
certificate of conformity in operation conform to the regulations, and a
description of the program for training of personnel for such
maintenance, and the equipment required.
(B) A description of vehicle adjustments or modifications necessary,
if any, to assure that light-duty vehicles and light-duty trucks covered
by a certificate of conformity conform to the regulations while being
operated at any altitude locations, and a statement of the altitude at
which the adjustments or modifications apply.
(iv) At the option of the manufacturer, the proposed composition of
the emission-data test fleet or (where applicable) the durability-data
test fleet.
(6)(i)(A) If the manufacturer elects to participate in the
particulate averaging program for diesel light-duty vehicles and/or
diesel light-duty trucks, the application must list the particulate FEL
and the projected U.S. (49-state) production volume, by quarter, of the
family for the model year.
(B) The manufacturer shall choose the level of the family
particulate emission limits, accurate to one-hundredth of a gram per
mile.
(C) The manufacturer may at any time during production elect to
change the level of any family particulate emission limit(s) by
submitting the new limit(s) to the Administrator and by demonstrating
compliance with the limit(s) as described in Sec. 86.090-2 and Sec.
86.091-28(b)(5)(i).
(ii)(A) If the manufacturer elects to participate in the
NOX averaging program for light-duty trucks, the application
must list the NOX FEL and the projected U.S. (49-state)
production volume, by quarter, of the family for the model year.
(B) The manufacturer shall choose the level of the family
NOX emission limits, accurate to one-tenth of a gram per
mile.
(C) The manufacturer may at any time during production elect to
change the level of any family NOX emission limit(s) by
submitting the new limits to the Administrator and by demonstrating
compliance with the limit(s) as described in Sec. 86.088-2 and 86.091-
28(b)(5)(ii).
(iii) If the manufacturer elects to participate in any of the
particulate and/or the NOX averaging, trading, or banking
programs for heavy-duty engines, the application must list the
information required in Sec. 86.091-15 and Sec. 86.091-23.
(7)(i) For Otto-cycle heavy-duty engines, the application must state
whether the engine family is being certified for use in all vehicles
regardless of their Gross Vehicle Weight Rating (see Sec. 86.091-10
(a)(1)(i) and (a)(3)(i)), or, only for use in vehicles with a Gross
Vehicle Weight Rating greater than 14,000 pounds.
(ii) If the engine family is being certified for use in all vehicles
and, is being certified to the emission standards applicable to Otto-
cycle engines for use only in vehicles with a Gross Vehicle Weight
Rating over 14,000 pounds under the provisions of paragraph (a)(3) of
Sec. 86.091-10, then the application must also attest that the engine
family, together with all other engine families being certified under
the provisions of paragraph (a)(3) of
[[Page 155]]
Sec. 86.091-10, represent no more than 5 percent of model year sales of
the manufacturer of all Otto-cycle heavy-duty engines for use in
vehicles with Gross Vehicle Weight Ratings of up to 14,000 pounds.
(c) Complete copies of the application and of any amendments
thereto, and all notifications under Sec. 86.079-32, Sec. 86.079-33,
and Sec. 86.082-34 shall be submitted in such multiple copies as the
Administrator may require.
(d) Incomplete light-duty trucks shall have a maximum completed curb
weight and maximum completed frontal area specified by the manufacturer.
(e) For vehicles equipped with gasoline-fueled or methanol-fueled
heavy-duty engines, the manufacturer shall specify a maximum nominal
fuel tank capacity for each evaporative emission family-evaporative
emission control system combination.
(f) Light-duty truck and heavy-duty engine manufacturers who believe
that the useful life periods of Sec. 86.090-2 are significantly
unrepresentative for one or more engine families (either too long or too
short), may petition the Administrator to provide an alternative useful-
life period. This petition must include the full rationale behind the
request together with any supporting data and other evidence. Based on
this or other information the Administrator may assign an alternative
useful-life period. Any petition should be submitted in a timely manner,
to allow adequate time for a thorough evaluation.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10655, Mar. 15, 1985, as amended at 52 FR 47867, Dec. 16, 1987;
54 FR 14469, Apr. 11, 1989; 55 FR 30625, July 26, 1990]
Sec. 86.091-23 Required data.
(a) The manufacturer shall perform the tests required by the
applicable test procedures, and submit to the Administrator the
following information: Provided, however, That if requested by the
manufacturer, the Administrator may waive any requirement of this
section for testing of vehicle (or engine) for which emission data are
available or will be made available under the provisions of Sec.
86.091-29.
(b)(1)(i) Exhaust emission durability data on such light-duty
vehicles tested in accordance with applicable test procedures and in
such numbers as specified, which will show the performance of the
systems installed on or incorporated in the vehicle for extended
mileage, as well as a record of all pertinent maintenance performed on
the test vehicles.
(ii) Exhaust emission deterioration factors for light-duty trucks
and heavy-duty engines, and all test data that are derived from the
testing described under Sec. 86.091-21(b)(4)(iii)(A), as well as a
record of all pertinent maintenance. Such testing shall be designed and
conducted in accordance with good engineering practice to assure that
the engines covered by a certificate issued under Sec. 86.091-30 will
meet the emission standards (or family emission limits, as appropriate)
in Sec. 86.091-9, Sec. 86.091-10, or Sec. 86.091-11 as appropriate,
in actual use for the useful life of the engine.
(2) For light-duty vehicles and light-duty trucks, evaporative
emission deterioration factors for each evaporative emission family-
evaporative emission control system combination and all test data that
are derived from testing described under Sec. 86.091-21(b)(4)(i)
designed and conducted in accordance with good engineering practice to
assure that the vehicles covered by a certificate issued under Sec.
86.091-30 will meet the evaporative emission standards in Sec. 86.091-8
or Sec. 86.091-9, as appropriate, for the useful life of the vehicle.
(3) For heavy-duty vehicles equipped with gasoline-fueled or
methanol-fueled engines, evaporative emission deterioration factors for
each evaporative emission family-evaporative emission control system
combination identified in accordance with Sec. 86.091-21(b)(4)(ii).
Furthermore, a statement that the test procedure(s) used to derive the
deterioration factors includes, but need not be limited to, a
consideration of the ambient effects of ozone and temperature
fluctuations, and the service accumulation effects of vibration, time,
and vapor saturation and purge cycling. The deterioration factor test
procedure shall be designed and conducted in accordance with good
engineering practice to assure that the vehicles covered by a
certificate issued
[[Page 156]]
under Sec. 86.091-30 will meet the evaporative emission standards in
Sec. 86.091-10 and Sec. 86.091-11 in actual use for the useful life of
the engine. Furthermore, a statement that a description of the test
procedure, as well as all data, analyses and evaluations, is available
to the Administrator upon request.
(4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of
up to 26,000 lbs and equipped with gasoline-fueled or methanol-fueled
engines, a written statement to the Administrator certifying that the
manufacturer's vehicles meet the standards of Sec. 86.091-10 or Sec.
86.091-11 (as applicable) as determined by the provisions of Sec.
86.091-28. Furthermore, a written statement to the Administrator that
all data, analyses, test procedures, evaluations, and other documents,
on which the above statement is based, are available to the
Administrator upon request.
(ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of
greater than 26,000 lbs and equipped with gasoline-fueled or methanol-
fueled engines, a written statement to the Administrator certifying that
the manufacturer's evaporative emission control systems are designed,
using good engineering practice, to meet the standards of Sec. 86.091-
10 or Sec. 86.091-11 (as applicable) as determined by the provisions of
Sec. 86.09l-28. Furthermore, a written statement to the Administrator
that all data, analyses, test procedures, evaluations, and other
documents, on which the above statement is based, are available to the
Administrator upon request.
(c) Emission data. (1) Emission data, including in the case of
methanol fuel, methanol, formaldehyde and total hydrocarbon equivalent
on such vehicles tested in accordance with applicable test procedures
and in such numbers as specified. These data shall include zero-mile
data, if generated and emission data generated for certification as
required under Sec. 86.090-26(a)(3)(i) or Sec. 86.090-26(a)(3)(ii). In
lieu of providing emission data on idle CO emissions, smoke emissions or
particulate emissions from methanol-fueled diesel certification vehicles
the Administrator may, on request of the manufacturer, allow the
manufacturer to demonstrate (on the basis of previous emission tests,
development tests, or other information) that the engine will conform
with the applicable emission standards of Sec. 86.090-8 or Sec.
86.090-9.
(2) Certification engines. (i) Emission data on such engines tested
in accordance with applicable emission test procedures of this subpart
and in such numbers as specified. These data shall include zero-hour
data, if generated, and emission data generated for certification as
required under Sec. 86.090-26(c)(4). In lieu of providing emission data
on idle CO emissions or particulate emissions from methanol-fueled
diesel certification engines, or on CO emissions from petroleum-fueled
or methanol-fueled diesel certification engines the Administrator may,
on request of the manufacturer, allow the manufacturer to demonstrate
(on the basis of previous emission tests, development tests, or other
information) that the engine will conform with the applicable emission
standards of Sec. 86.091-11.
(ii) For heavy-duty diesel engines, a manufacturer may submit hot-
start data only, in accordance with subpart N of this part, when making
application for certification. However, for conformity SEA and recall
testing by the Agency, both the cold-start and hot-start test data, as
specified in subpart N of this part, will be included in the official
results.
(d) A statement that the vehicles (or engines) for which
certification is requested conform to the requirements in Sec. 86.084-
5(b), and that the descriptions of tests performed to ascertain
compliance with the general standards in Sec. 86.084-5(b), and the data
derived from such tests, are available to the Administrator upon
request.
(e)(1) A statement that the test vehicles (or test engines) with
respect to which data are submitted to demonstrate compliance with the
applicable standards (or family emission limits, as appropriate) of this
subpart are in all material respects as described in the manufacturer's
application for certification, have been tested in accordance with the
applicable test procedures utilizing the fuels and equipment described
in the application for certification and that on the basis of such
[[Page 157]]
tests the vehicles (or engines) conform to the requirements of this
part. If such statements cannot be made with respect to any vehicle (or
engine) tested, the vehicle (or engine) shall be identified, and all
pertinent data relating thereto shall be supplied to the Administrator.
If, on the basis of the data supplied and any additional data as
required by the Administrator, the Administrator determines that the
test vehicles (or test engine) was not as described in the application
for certification or was not tested in accordance with the applicable
test procedures utilizing the fuels and equipment as described in the
application for certification, the Administrator may make the
determination that the vehicle (or engine) does not meet the applicable
standards (or family emission limits, as appropriate). The provisions of
Sec. 86.091-30(b) shall then be followed.
(2) For evaporative emission durability, or light-duty truck or
heavy-duty engine exhaust emission durability, a statement of compliance
with paragraph (b)(1)(ii), (b)(2), or (b)(3) of this section, as
applicable.
(f) Additionally, manufacturers participating in the particulate
averaging program for diesel light-duty vehicles and diesel light-duty
trucks shall submit:
(1) In the application for certification, a statement that the
vehicles for which certification is requested will not, to the best of
the manufacturer's belief, when included in the manufacturer's
production-weighted average emission level, cause the applicable
particulate standard(s) to be exceeded.
(2) No longer than 90 days after the end of a given model year of
production of engine families included in one of the diesel particulate
averaging programs, the number of vehicles produced in each engine
family at each certified particulate FEL, along with the resulting
production-weighted average particulate emission level.
(g) Additionally, manufacturers participating in the NOX
averaging program for light-duty trucks shall submit:
(1) In the application for certification, a statement that the
vehicles for which certification is required will not, to the best of
the manufacturer's belief, when included in the manufacturer's
production-weighted average emission level, cause the applicable
NOX standard(s) to be exceeded.
(2) No longer than 90 days after the end of a given model year of
production of engine families included in the NOX averaging
program, the number of vehicles produced in each engine family at each
certified NOX emission level.
(h) Additionally, manufacturers participating in any of the
NOX and/or particulate averaging, trading, or banking
programs for heavy-duty engines shall submit for each participating
family:
(1) In the application for certification:
(i) A statement that the engines for which certification is
requested will not, to the best of the manufacturer's belief, when
included in any of the averaging, trading, or banking programs cause the
applicable NOX or particulate standard(s) to be exceeded.
(ii) The type (NOX or particulate) and the projected
number of credits generated/needed for this family, the applicable
averaging set, the projected U.S. (49-state) production volumes, by
quarter, NCPs in use on a similar family and the values required to
calculate credits as given in Sec. 86.091-15. Manufacturers shall also
submit how and where credit surpluses are to be dispersed and how and
through what means credit deficits are to be met, as explained in Sec.
86.091-15. The application must project that each engine family will be
in compliance with the applicable NOX and/or particulate
emission standards based on the engine mass emissions, and credits from
averaging, trading and banking.
(3) End-of-year reports for each engine family participating in any
of the averaging, trading, or banking programs.
(i) These reports shall be submitted within 90 days of the end of
the model year to: Director, Manufacturers Operations Division (EN-
340F), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
(ii) These reports shall indicate the engine family, the averaging
set, the actual U.S. (49-state) production volume, the values required
to calculate
[[Page 158]]
credits as given in Sec. 86.091-15, the resulting type (NOX
or particulate) and number of credits generated/required, and the NCPs
in use on a similar NCP family. Manufacturers shall also submit how and
where credit surpluses were dispersed (or are to be banked) and how and
through what means credit deficits were met. Copies of contracts related
to credit trading must also be included or supplied by the broker if
applicable. The report shall also include a calculation of credit
balances to show that net mass emissions balances are within those
allowed by the emission standards (equal to or greater than a zero
credit balance). The credit discount factor described in 86.091-15 must
be included as required.
(iii) The 49-state production counts for end-of-year reports shall
be based on the location of the first point of retail sale (e.g.,
customer, dealer, secondary manufacturer) by the manufacturer.
(iv) Errors discovered by EPA or the manufacturer in the end-of-year
report, including errors in credit calculation, may be corrected up to
90 days subsequent to submission of the end-of-year report. Errors
discovered by EPA after 90 days shall be corrected if credits are
reduced. Errors in the manufacturer's favor will not be corrected if
discovered after the 90 day correction period allowed.
(i) Failure by a manufacturer participating in the averaging,
trading, or banking programs to submit any quarterly or end-of-year
report (as applicable) in the specified time for all vehicles and
engines that are part of an averaging set is a violation of section
203(a)(1) of the Clean Air Act for each such vehicle and engine.
(j) Failure by a manufacturer generating credits for deposit only in
either the HDE NOX or particulate banking programs to submit
their end-of-year reports in the applicable specified time period (i.e.,
90 days after the end of the model year) shall result in the credits not
being available for use until such reports are received and reviewed by
EPA. Use of projected credits pending EPA review will not be permitted
in these circumstances.
(k) Engine families certified using NCPs are not required to meet
the requirements outlined above.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10659, Mar. 15, 1985, as amended at 50 FR 29384, July 19, 1985;
54 FR 14473, Apr. 11, 1989; 55 FR 30625, July 26, 1990; 56 FR 64711,
Dec. 12, 1991]
Sec. 86.091-28 Compliance with emission standards.
(a)(1) Paragraph (a) of this section applies to light-duty vehicles.
(2) The applicable exhaust and fuel evaporative emissions standards
(and family particulate emission limits, as appropriate) of this subpart
apply to the emissions of vehicles for their useful life.
(3) Since it is expected that emission control efficiency will
change with mileage accumulation on the vehicle, the emission level of a
vehicle which has accumulated 50,000 miles will be used as the basis for
determining compliance with the standards (or family particulate
emission limit, as appropriate).
(4) The procedure for determining compliance of a new motor vehicle
with exhaust emission standards (or family particulate emission limit,
as appropriate) is as follows, except where specified by paragraph
(a)(7) of this section for the Alternative Durability Program:
(i) Separate emission deterioration factors shall be determined from
the exhaust emission results of the durability-data vehicle(s) for each
engine-system combination. A separate factor shall be established, as
required for compliance with applicable emission standards for exhaust
HC, exhaust THCE, exhaust NMHC, exhaust CO, exhaust NOX and
exhaust particulate for each engine-system combination. A separate
evaporative emission deterioration factor, as required for compliance
with applicable emission standards, shall be determined for each
evaporative emission family-evaporative emission control system
combination from the testing conducted by the manufacturer.
(A) The applicable results to be used unless excluded by paragraph
[[Page 159]]
(a)(4)(i)(A)(4) of this section in determining the exhaust emission
deterioration factors for each engine-system combination shall be:
(1) All valid exhaust emission data from the tests required under
Sec. 86.084-26(a)(4) except the zero-mile tests. This shall include the
official test results, as determined in Sec. 86.091-29 for all tests
conducted on all durability-data vehicles of the combination selected
under Sec. 86.085-24(c) (including all vehicles elected to be operated
by the manufacturer under Sec. 86.085-24(c)(1)(ii)).
(2) All exhaust emission data from the tests conducted before and
after the scheduled maintenance provided in Sec. 86.088-25.
(3) All exhaust emission data from tests required by maintenance
approved under Sec. 86.088-25, in those cases where the Administrator
conditioned his approval for the performance of such maintenance on the
inclusion of such data in the deterioration factor calculation.
(4) The manufacturer has the option of applying an outlier test
point procedure to completed durability data within its certification
testing program for a given model year. The outlier procedure will be
specified by the Administrator. For any pollutant, durability-data test
points that are identified as outliers shall not be included in the
determination of deterioration factors if the manufacturer has elected
this option. The manufacturer shall specify to the Administrator before
the certification of the first engine family for that model year, if it
intends to use the outlier procedure. The manufacturer may not change
procedures after the first engine family of the model year is certified.
Where the manufacturer chooses to apply both the outlier procedure and
averaging (as allowed under Sec. 86.084-26(a)(6)(i)) to the same data
set, the outlier procedure shall be completed prior to applying the
averaging procedure.
(B) All applicable exhaust emission results shall be plotted as a
function of the mileage on the system, rounded to the nearest mile, and
the best fit straight lines, fitted by the method of least squares,
shall be drawn through all these data points. The data will be
acceptable for use in the calculation of the deterioration factor only
if the interpolated 4,000-mile and 50,000-mile points on this line are
within the low-altitude standards provided in Sec. 86.087-8. Exceptions
to this where data are still acceptable are when a best fit straight
line crosses an applicable standard but no data points exceeded the
standard, or the best fit straight line crosses an applicable standard
with a negative slope (the 4,000-mile interpolated point is higher than
the 50,000-mile interpolated point) but the 50,000-mile actual data
point is below the standard. An multiplicative exhaust emission
deterioration factor shall be calculated for each engine-system
combination as follows:
Factor=Exhaust emissions interpolated to 50,000 miles divided by exhaust
emissions interpolated to 4,000 miles.
These interpolated values shall be carried out to a minimum of four
places to the right of the decimal point before dividing one by the
other to determine the deterioration factor. The results shall be
rounded to three places to the right of the decimal point in accordance
with ASTM E 29-67.
(C)(1) An evaporative emissions deterioration factor shall be
determined from the testing conducted as described in Sec. 86.090-
21(b)(4)(i), for each evaporative emission family- evaporative emission
control system combination to indicate the evaporative emission level at
50,000 miles relative to the evaporative emission level at 4,000 miles
as follows:
Factor = Evaporative emission level at 50,000 miles minus the
evaporative emission level at 4,000 miles.
(2) The factor in paragraph (a)(4)(i)(C)(1) of this section shall be
established to a minimum of two places to the right of the decimal.
(ii)(A) The official exhaust emission test results for each
emission-data vehicle at the selected test point shall be multiplied by
the appropriate deterioration factor: Provided, that if a deterioration
factor as computed in paragraph (a)(4)(i)(B) of this section is less
than one, that deterioration factor shall be one for the purposes of
this paragraph.
[[Page 160]]
(B) The official evaporative emission test results for each
evaporative emission-data vehicle at the selected test point shall be
adjusted by addition of the appropriate deterioration factor: Provided,
that if a deterioration factor as computed in paragraph (a)(4)(i)(C) of
this section is less than zero, that deterioration factor shall be zero
for the purposes of this paragraph.
(iii) The emissions to compare with the standard (or the family
particulate emission limit, as appropriate) shall be the adjusted
emissions of paragraphs (a)(4)(ii) (A) and (B) of this section for each
emission-data vehicle. Before any emission value is compared with the
standard (or the family particulate emission limit, as appropriate), it
shall be rounded, in accordance with ASTM E 29-67, to two significant
figures. The rounded emission values may not exceed the standard (or the
family particulate emission limit, as appropriate).
(iv) Every test vehicle of an engine family must comply with the
exhaust emission standards (or the family particulate emission limit, as
appropriate), as determined in paragraph (a)(4)(iii) of this section,
before any vehicle in that family may be certified.
(v) Every test vehicle of an evaporative emission family must comply
with the evaporative emission standard, as determined in paragraph
(a)(4)(iii) of this section, before any vehicle in that family may be
certified.
(5) If a manufacturer chooses to change the level of any family
particulate emission limit(s) in the particulate averaging program,
compliance with the new limit(s) must be based upon existing
certification data.
(6) If a manufacturer chooses to participate in the diesel
particulate averaging program, the production-weighted average of the
family particulate emission limits of all affected engine families must
comply with the particulate standards in Sec. 86.087-8(a)(1)(iv), or
the composite particulate standard defined in Sec. 86.085-2, as
appropriate, at the end of the production year.
(7) The procedure to determine the compliance of new motor vehicles
in the Alternative Durability Program (described in Sec. 86.085-13) is
the same as described in paragraphs (a)(4)(iii) through (a)(4)(v) of
this section. For the engine families that are included in the
Alternative Durability Program, the exhaust emission deterioration
factors used to determine compliance shall be those that the
Administrator has approved under Sec. 86.085-13(c). The evaporative
emission deterioration factor for each evaporative emission family shall
be determined and applied according to paragraph (a)(4) of this section.
The procedures to determine the minimum exhaust emissions deterioration
factors required under Sec. 86.085-13(d) are as follows:
(i) Separate deterioration factors shall be determined from the
exhaust emission results of the durability-data vehicles for each engine
family group. A separate factor as necessary to establish compliance
with applicable emission standards shall be established for exhaust HC,
exhaust THCE, exhaust NMHC, exhaust CO and exhaust NOX for
each engine family group. The evaporative emission deterioration factor
for each evaporative family will be determined and applied in accordance
with paragraph (a)(4) of this section.
(ii) The deterioration factors for each engine family group shall be
determined by the Administrator using historical durability data from as
many as three previous model years. These data will consist of
deterioration factors generated by durability-data vehicles representing
certified engine families and of deterioration factors from vehicles
selected under Sec. 86.085-24(h). The Administrator shall determine how
these data will be combined for each engine family group.
(A) The test result to be used in the calculation of each
deterioration factor to be combined for each engine family group shall
be those test results specified in paragraph (a)(4)(i)(A) of this
section.
(B) For each durability-data vehicles selected under Sec. 86.085-
24(h), all applicable exhaust emissions results shall be plotted as a
function of the mileage on the system rounded to the nearest mile, and
the best fit straight lines, fitted by method of least squares, shall be
drawn through all these data points. The exhaust deterioration factor
for each durability-data vehicles shall be calculated as specified in
paragraph (a)(4)(i)(B) of this section.
[[Page 161]]
(C) Line-crossing. For the purposes of paragraph (a)(5) of this
section, line crossing occurs when either of the interpolated 4,000- and
50,000-mile points of the best fit straight line exceeds the applicable
emission standard and at least one applicable data point exceeds the
standard.
(1) The Administrator will not accept for certification line-
crossing data from preproduction durability-data vehicles selected under
Sec. 86.085-24(c), Sec. 86.085-24(h)(2), or (h)(3).
(2) The Administrator will not accept for certification line-
crossing data from production durability-data vehicles selected under
Sec. 86.085-24(h)(1) unless the 4,000-mile test result multiplied by
the engine family group deterioration factor does not exceed the
applicable emission standards. The deterioration factors used for this
purpose shall be those that were used in the certification of the
production vehicle. Manufacturers may calculate this product immediately
after the 4,000-mile test of the vehicle. If the product exceeds the
applicable standards, the manufacturer may, with the approval of the
Administrator, discontinue the vehicle and substitute a new vehicle. The
manufacturer may continue the original vehicle, but the data will not be
acceptable if line crossing occurs.
(b)(1) Paragraph (b) of this section applies to light-duty trucks.
(2) The exhaust and evaporative emission standards (and family
emission limits, as appropriate) of Sec. 86.091-9 apply to the
emissions of vehicles for their useful life.
(3) Since emission control efficiency generally decreases with the
accumulation of mileage on the vehicle, deterioration factors will be
used in combination with emission-data vehicle test results as the basis
for determining compliance with the standards (or family emission
limits, as appropriate).
(4)(i) Paragraph (b)(4) of this section describes the procedure for
determining compliance of a new vehicle with exhaust emission standards
(or family emission limits, as appropriate), based on deterioration
factors supplied by the manufacturers, except where specified by
paragraph (b)(5) of this section for the Alternative Durability Program.
(ii) Separate exhaust emission deterioration factors, determined
from tests of vehicles, engines, subsystems or components conducted by
the manufacturer, shall be supplied for each engine-system combination.
Separate factors shall be established as required for compliance with
applicable emission standards for transient HC, THCE, NMHC, CO, and
NOX, idle CO and exhaust particulate.
(iii) For transient HC, THCE, NMHC and CO, and NOX, idle
CO and/or exhaust particulate as appropriate, the official exhaust
emission results for each emission-data vehicle at the selected test
point shall be adjusted by multiplication by the appropriate
deterioration factor. However, if the deterioration factor supplied by
the manufacturer is less than one, it shall be one for the purposes of
this paragraph.
(iv) The emission values to compare with the standards (or family
emission limits, as appropriate) shall be the adjusted emission values
of paragraph (b)(4)(iii) of this section rounded to two significant
figures in accordance with ASTM E 29-67 for each emission-data engine.
(5)(i) Paragraph (b)(5)(i) of this section applies only to
manufacturers electing to participate in the particulate averaging
program.
(A) If a manufacturer chooses to change the level of any family
particulate emission limit(s), compliance with the new limit(s) must be
based upon existing certification data.
(B) The production-weighted average of the family particulate
emission limits of all applicable engine families, rounded to two
significant figures in accordance with ASTM E 29-67, must comply with
the particulate standards in Sec. 86.088-9 (a)(1)(iv) or (d)(1)(iv), or
the composite particulate standard as defined in Sec. 86.085-2, as
appropriate, at the end of the product year.
(ii) Paragraph (b)(5)(ii) of this section applies only to
manufacturers electing to participate in the NOX averaging
program.
(A) If a manufacturer chooses to change the level of any family
NOX emission limit(s), compliance with the new limit(s) must
be based upon existing certification data.
[[Page 162]]
(B) The production-weighted average of the family NOX
emission limits of all applicable engine families, rounded to two
significant figures in accordance with ASTM E 29-67, must comply with
the NOX emission standards of Sec. 86.088-9(a)(1)(iii) (A)
or (B), or of Sec. 86.088-9(d)(1)(iii) (A) or (B), or the composite
NOX standard as defined in Sec. 86.088-2, at the end of the
product year.
(6) The procedure to determine the compliance of new motor vehicles
in the Alternative Durability Program (described in Sec. 86.085-13) is
the same as described in paragraph (b)(4)(iv), (b)(7)(iv) and (b)(8) of
this section. For the engine families that are included in the
Alternative Durability Program, the exhause emission deterioration
factors used to determine compliance shall be those that the
Administrator has approved under Sec. 86.085-13(c). The evaporative
emission deterioration factor for each evaporative emission family shall
be determined and applied according to paragraph (b)(7) of this section.
The procedures to determine the minimum exhaust emissions deterioration
factors required under Sec. 86.085-13(d) are as follows:
(i) Separate deterioration factors shall be determined from the
exhaust emission results of the durability-data vehicles for each engine
family group. A separate factor shall be established for exhaust HC,
exhaust THCE or exhaust NMHC as appropriate, and exhaust CO and exhaust
NOX for each engine family group. The evaporative emission
deterioration factor for each evaporative family will be determined and
applied in accordance with paragraph (b)(6) of this section.
(ii) The deterioration factors for each engine family group shall be
determined by the Administrator using historical durability data from as
many as three previous model years. These data will consist of
deterioration factors generated by durability-data vehicles representing
certified engine families and of deterioration factors from vehicles
selected under Sec. 86.085-24(h). The Administrator shall determine how
these data will be combined for each engine family group.
(A) The test results to be used in the calculations of each
deterioration factor to be combined for each engine family group shall
be those test results specified in paragraph (a)(4)(i)(A) of this
section.
(B) For each durability-data vehicle selected under Sec. 86.085-
24(h), all applicable exhaust emission results shall be plotted as a
function of the mileage on the system rounded to the nearest mile, and
the best fit straight lines, fitted by the method of least squares,
shall be drawn through all these data points. The exhaust deterioration
factor for each durability-data vehicle shall be calculated as specified
in paragraph (a)(4)(i)(B) of this section.
(C) Line crossing. For the purposes of paragraph (b)(5) of this
section, line crossing occurs when either of the interpolated 4,000- and
120,000-mile points of the best fit straight line exceeds the applicable
emission standard and at least one applicable data point exceeds the
standard.
(1) The Administrator will not accept for certification line-
crossing data from preproduction durability-data vehicles selected under
Sec. 86.085-24(c)(1), or Sec. 86.085-24 (h)(2) or (h)(3).
(2) The Administrator will not accept for certification line-
crossing data from production durability-data vehicles selected under
Sec. 86.085-24(h)(1) unless the 4,000-mile test result multiplied by
the engine family group deterioration factor does not exceed the
applicable emission standard. The deterioration factors used for this
purpose shall be those that were used in the certification of the
production vehicle. Manufacturers may calculate this product immediately
after the 4,000-mile test of the vehicle. If the product exceeds the
applicable standard, the manufacturer may, with the approval of the
Administrator, discontinue the vehicle and substitute a new vehicle. The
manufacturer may continue the original vehicle, but the data will not be
acceptable if line crossing occurs.
(7)(i) Paragraph (b)(7) of this section describes the procedure for
determining compliance of a new vehicle with fuel evaporative emission
standards. The procedure described here shall be used for all vehicles
in all model years.
(ii) The manufacturer shall determine, based on testing described in
[[Page 163]]
Sec. 86.091-21(b)(4)(i), and supply an evaporative emission
deterioration factor for each evaporative emission family-evaporative
emission control system combination. The factor shall be calculated by
subtracting the emission level at the selected test point from the
emission level at the useful life point.
(iii) The official evaporative emission test results for each
evaporative emission-data vehicle at the selected test point shall be
adjusted by the addition of the appropriate deterioration factor.
However, if the deterioration factor supplied by the manufacturer is
less than zero, it shall be zero for the purposes of this paragraph.
(iv) The emission value to compare with the standards shall be the
adjusted emission value of paragraph (b)(7)(iii) of this section rounded
to two significant figures in accordance with ASTM E 29-67 for each
evaporative emission-data vehicle.
(8) Every test vehicle of an engine family must comply with all
applicable standards (and family emission limits, as appropriate), as
determined in paragraphs (b)(4)(iv) and (b)(7)(iv) of this section,
before any vehicle in that family will be certified.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) The exhaust emission standards (or family emission limits, as
appropriate) for Otto-cycle engines in Sec. 86.090-10 or for diesel
engines in Sec. 86.091-11 apply to the emissions of engines for their
useful life.
(3) Since emission control efficiency generally decreases with the
accumulation of service on the engine, deterioration factors will be
used in combination with emission-data engine test results as the basis
for determining compliance with the standards.
(4)(i) Paragraph (c)(4) of this section describes the procedure for
determining compliance of an engine with emission standards (or family
emission limits, as appropriate), based on deterioration factors
supplied by the manufacturer.
(ii) Separate exhaust emission deterioration factors, determined
from tests of engines, subsystems or components conducted by the
manufacturer, shall be supplied for each engine-system combination. For
Otto-cycle engines, separate factors shall be established for transient
HC, THCE or NMHC as appropriate, CO and NOX; and idle CO, for
those engines utilizing aftertreatment technology (e.g., catalytic
converters). For diesel engines, separate factors shall be established
for transient HC, THCE or NMHC as appropriate, CO, NOX and
exhaust particulate. For diesel smoke testing, separate factors shall
also be established for the acceleration mode (designated as ``A''), the
lugging mode (designated as ``B''), and peak opacity (designated as
``C'').
(iii)(A) Paragraph (c)(4)(iii)(A) of this section applies to Otto-
cycle heavy-duty engines.
(1) Otto-cycle heavy-duty engines not utilizing aftertreatment
technology (e.g., catalytic converters). For transient HC, THCE or NMHC
as appropriate, CO and NOX, the official exhaust emission
results for each emission-data engine at the selected test point shall
be adjusted by the addition of the appropriate deterioration factor.
However, if the deterioration factor supplied by the manufacturer is
less than zero, it shall be zero for the purposes of this paragraph.
(2) Otto-cycle heavy-duty engines utilizing aftertreatment
technology (e.g., catalytic converters). For transient HC, THCE or NMHC
as appropriate, CO and NOX, and for idle CO, the official
exhaust emission results for each emission-data engine at the selected
test point shall be adjusted by multiplication by the appropriate
deterioration factor. However, if the deterioration factor supplied by
the manufacturer is less than one, it shall be one for the purposes of
this paragraph.
(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel
heavy-duty engines.
(1) Diesel heavy-duty engines not utilizing aftertreatment
technology (e.g., particulate traps). For transient HC, THCE or NMHC as
appropriate, CO, NOX and exhaust particulate, the official
exhaust emission results for each emission-data engine at the selected
test point shall be adjusted by the addition of the appropriate
deterioration factor. However, if the deterioration factor supplied by
the manufacturer is less than zero, it shall be zero for the purposes of
this paragraph.
[[Page 164]]
(2) Diesel heavy-duty engines utilizing aftertreatment technology
(e.g., particulate traps). For transient HC, THCE or NMHC as
appropriate, CO, NOX and exhaust particulate, the official
exhaust emission results for each emission-data engine at the selected
test point shall be adjusted by multiplication by the appropriate
deterioration factor. However, if the deterioration factor supplied by
the manufacturer is less than one, it shall be one for the purposes of
this paragraph.
(3) Diesel heavy-duty engines only. For acceleration smoke (``A''),
lugging smoke (``B''), and peak smoke (``C''), the official exhaust
emission results for each emission-data engine at the selected test
point shall be adjusted by the addition of the appropriate deterioration
factor. However, if the deterioration factor supplied by the
manufacturer is less than zero, it shall be zero for the purposes of
this paragraph.
(iv) The emission values to compare with the standards (or family
emission limits, as appropriate) shall be the adjusted emission values
of paragraph (c)(4)(iii) of this section, rounded to the same number of
significant figures as contained in the applicable standard in
accordance with ASTM E 29-67, for each emission-data engine.
(5)-(6) [Reserved]
(7) Every test engine of an engine family must comply with all
applicable standards (or family emission limits, as appropriate), as
determined in paragraph (c)(4)(iv) of this section, before any engine in
that family will be certified.
(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles
required to comply with evaporative emission standards.
(2) The applicable evaporative emission standard in Sec. 86.091-10
or Sec. 86.091-11 applies to the emissions of vehicles for their useful
life.
(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it
is expected that emission control efficiency will change during the
useful life of the vehicle, an evaporative emission deterioration factor
shall be determined from the testing described in Sec. 86.088-23(b)(3)
for each evaporative emission family-evaporative emission control system
combination to indicate the evaporative emission control system
deterioration during the useful life of the vehicle (minimum 50,000
miles). The factor shall be established to a minimum of two places to
the right of the decimal.
(ii) For vehicles with a GVWR of greater than 26,000 pounds, because
it is expected that emission control efficiency will change during the
useful life of the vehicle, each manufacturer's statement as required in
Sec. 86.088-23(b)(4)(ii) shall include, in accordance with good
engineering practice, consideration of control system deterioration.
(4) The evaporative emission test results, if any, shall be adjusted
by the addition of the appropriate deterioration factor: Provided, That
if the deterioration factor as computed in paragraph (d)(3) of this
section is less than zero, that deterioration factor shall be zero for
the purposes of this paragraph.
(5) The emission level to compare with the standard shall be the
adjusted emission level of paragraph (d)(4) of this section. Before any
emission value is compared with the standard, it shall be rounded, in
accordance with ASTM E 29-67, to two significant figures. The rounded
emission values may not exceed the standard.
(6) Every test vehicle of an evaporative emission family must comply
with the evaporative emission standard, as determined in paragraph
(d)(5) of this section, before any vehicle in that family may be
certified.
(e) Unless a manufacturer develops specific cold temperature
deterioration factors, 68-86 [deg]F deterioration factors shall be used
to determine compliance with cold temperature emission standards.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10669, Mar. 15, 1985, as amended at 51 FR 24609, July 7, 1986; 54
FR 14484, Apr. 11, 1989; 57 FR 31897, July 17, 1992; 59 FR 48493, Sept.
21, 1994]
Sec. 86.091-29 Testing by the Administrator.
(a)(1) Paragraph (a) of this section applies to light-duty vehicles
and light-duty trucks.
[[Page 165]]
(2) The Administrator may require that any one or more of the test
vehicles be submitted to him, at such place or places as he may
designate, for the purposes of conducting emissions tests. The
Administrator may specify that he will conduct such testing at the
manufacturer's facility, in which case instrumentation and equipment
specified by the Administrator shall be made available by the
manufacturer for test operations. Any testing conducted at a
manufacturer's facility pursuant to this paragraph shall be scheduled by
the manufacturer as promptly as possible.
(3)(i) Whenever the Administrator conducts a test segment on a test
vehicle, the results of that test segment, unless subsequently
invalidated by the Administrator, shall comprise the official data for
that test segment for the vehicle at the prescribed test point and the
manufacturer's data for that test segment for that prescribed test point
shall not be used in determining compliance with emission standards (or
family emission limits, as appropriate). The Administrator may stop a
test after any evaporative test segment and use as official data any
valid results obtained up to that point in the test, as described in
subpart B of this part.
(ii) Whenever the Administrator does not conduct a test on a test
vehicle at a test point, the manufacturer's test data will be accepted
as the official data for that point: Provided, That if the Administrator
makes a determination based on testing under paragraph (a)(2) of this
section, that there is a lack of correlation between the manufacturer's
test equipment and the test equipment used by the Administrator, no
manufacturer's test data will be accepted for purposes of certification
until the reasons for the lack of correlation are determined and the
validity of the data is established by the manufacturer, And further
provided, That if the Administrator has reasonable basis to believe that
any test data submitted by the manufacturer is not accurate or has been
obtained in violation of any provisions of this part, the Administrator
may refuse to accept that data as the official data pending retesting or
submission or further information. If the manufacturer conducts more
than one test on a vehicle, as authorized under Sec. 86.084-26
(a)(3)(i)(A) or (b)(4)(i)(A), the data from the last test in that series
of tests on that vehicle, will constitute the official data.
(iii)(A)(1) The Administrator may adjust or cause to be adjusted any
adjustable parameter of an emission-data vehicle or engine which the
Administrator has determined to be subject to adjustment for
certification and Selective Enforcement Audit testing in accordance with
Sec. 86.085-22(e)(1), to any setting within the physically adjustable
range of that parameter, as determined by the Administrator in
accordance with Sec. 86.085-22(e)(3)(i), prior to the performance of
any tests to determine whether such vehicle or engine conforms to
applicable emission standards, including tests performed by the
manufacturer under Sec. 86.091-23(c)(1). However, if the idle speed
parameter is one which the Administrator has determined to be subject to
adjustment, the Administrator shall not adjust it to a setting which
causes a higher engine idle speed than would have been possible within
the physically adjustable range of the idle speed parameter on the
engine before it accumulated any dynamometer service, all other
parameters being identically adjusted for the purpose of the comparison.
The Administrator, in making or specifying such adjustments, will
consider the effect of the deviation from the manufacturer's recommended
setting on emissions performance characteristics as well as the
likelihood that similar settings will occur on in-use light-duty
vehicles or light-duty trucks. In determining likelihood, the
Administrator will consider factors such as, but not limited to, the
effect of the adjustment on vehicle performance characteristics and
surveillance information from similar in-use vehicles.
(2) For those vehicles or engine parameters which the Administrator
has not determined to be subject to adjustment during certification and
Selective Enforcement Audit testing in accordance with Sec. 86.085-
22(e)(1), the emission-data vehicle presented to the Administrator for
testing shall be calibrated
[[Page 166]]
within the production tolerances applicable to the manufacturer's
specifications to be shown on the vehicle label (see Sec. 86.091-35
(a)(1)(iii)(D) or (a)(2)(iii)(D)) as specified in the application for
certification. If the Administrator determines that a vehicle is not
within such tolerances, the vehicle will be adjusted, at the facility
designated by the Administrator, prior to the test and an engineering
report shall be submitted to the Administrator describing the corrective
action taken. Based on the engineering report, the Administrator will
determine if the vehicle will be used as an emission-data vehicle.
(B) If the Administrator determines that the test data developed on
an emission-data vehicle under paragraph (a)(3)(i) of this section would
cause that vehicle to fail due to excessive 4,000-mile emissions or by
application of the appropriate deterioration factor, then the following
procedure shall be observed:
(1) The manufacturer may request a retest. Before the retest, those
vehicle or engine parameters which the Administrator has not determined
to be subject to adjustment for certification and Selective Enforcement
Audit testing in accordance with Sec. 86.085-22(e)(1) may be readjusted
to manufacturer's specification, if these adjustments were made
incorrectly prior to the first test. The Administrator may adjust or
cause to be adjusted any parameter which the Administrator has
determined to be subject to adjustment to any setting within the
physically adjustable range of that parameter, as determined by the
Administrator in accordance with Sec. 86.085-22(e)(3)(i). Other
maintenance or repairs may be performed in accordance with Sec. 86.088-
25. All work on the vehicle shall be done at such location and under
such conditions as the Administrator may prescribe.
(2) The vehicle will be retested by the Administrator and the
results of this test shall comprise the official data for the emission-
data vehicle.
(iv) If sufficient durability data are not available at the time of
any emission test conducted under paragraph (a)(2) of this section to
enable the Administrator to determine whether an emission-data vehicle
would fail, the manufacturer may request a retest in accordance with the
provisions of paragraphs (a)(3)(iii) (A) and (B) of this section. If the
manufacturer does not promptly make such request, he shall be deemed to
have waived the right to a retest. A request for retest must be made
before the manufacturer removes the vehicle from the test premises.
(b)(1) Paragraph (b) of this section applies to heavy-duty engines.
(2) The Administrator may require that any one or more of the test
engines be submitted to him, at such place or places as he may
designate, for the purpose of conducting emissions tests. The
Administrator may specify that he will conduct such testing at the
manufacturer's facility, in which case instrumentation and equipment
specified by the Administrator shall be made available by the
manufacturer for test operations. Any testing conducted at a
manufacturer's facility pursuant to this paragraph shall be scheduled by
the manufacturer as promptly as possible.
(3)(i) Whenever the Administrator conducts a test on a test engine
the results of that test, unless subsequently invalidated by the
Administrator, shall comprise the official data for the engine at that
prescribed test point and the manufacturer's data for that prescribed
test point shall not be used in determining compliance with emission
standards (or family emission limits, as appropriate).
(ii) Whenever the Administrator does not conduct a test on a test
engine at a test point, the manufacturer's test data will be accepted as
the official data for that test point: Provided, That if the
Administrator makes a determination based on testing under paragraph
(b)(2) of this section, that there is a lack of correlation between the
manufacturer's test equipment and the test equipment used by the
Administrator, no manufacturer's test data will be accepted for purposes
of certification until the reasons for the lack of correlation are
determined and the validity of the data is established by the
manufacturer, And further provided, That if the Administrator has
reasonable basis to believe that any test data submitted by the
manufacturer is not accurate or has been obtained in violation of any
provision of this part, the
[[Page 167]]
Administrator may refuse to accept that data as the official data
pending retesting or submission of further information.
(iii)(A)(1) The Administrator may adjust or cause to be adjusted any
adjustable parameter of an emission-data engine which the Administrator
has determined to be subject to adjustment for certification testing in
accordance with Sec. 86.085-22(e)(1), to any setting within the
physically adjustable range of that parameter, as determined by the
Administrator in accordance with Sec. 86.085-22(e)(3)(i), prior to the
performance of any tests to determine whether such engine conforms to
applicable emission standards, including tests performed by the
manufacturer under Sec. 86.088-23(c)(2). The Administrator, in making
or specifying such adjustments, may consider the effect of the deviation
from the manufacturer's recommended setting on emissions performance
characteristics as well as the likelihood that similar settings will
occur on in-use heavy-duty engines. In determining likelihood, the
Administrator may consider factors such as, but not limited to, the
effect of the adjustment on engine performance characteristics and
surveillance information from similar in-use engines.
(2) For those engine parameters which the Administrator has not
determined to be subject to adjustment for certification testing in
accordance with Sec. 86.085-22(e)(1), the emission-data engine
presented to the Administrator for testing shall be calibrated within
the production tolerances applicable to the manufacturer's
specifications to be shown on the engine label (see Sec. 86.091-
35(a)(3)(iii)) as specified in the application for certification. If the
Administrator determines that an engine is not within such tolerances,
the engine shall be adjusted at the facility designated by the
Administrator prior to the test and an engineering report shall be
submitted to the Administrator describing the corrective action taken.
Based on the engineering report, the Administrator will determine if the
engine shall be used as an emission-data engine.
(B) If the Administrator determines that the test data developed
under paragraph (b)(3)(iii)(A) of this section would cause the emission-
data engine to fail due to excessive 125-hour emission values or by the
application of the appropriate deterioration factor, then the following
procedure shall be observed:
(1) The manufacturer may request a retest. Before the retest, those
engine parameters which the Administrator has not determined to be
subject to adjustment for certification testing in accordance with Sec.
86.085-22(e)(1) may be readjusted to the manufacturer's specifications,
if these adjustments were made incorrectly prior to the first test. The
Administrator may adjust or cause to be adjusted any parameter which the
Administrator has determined to be subject to adjustment in accordance
with Sec. 86.085-22(e)(3)(i). However, if the idle speed parameter is
one which the Administrator has determined to be subject to adjustment,
the Administrator shall not adjust it to a setting which causes a higher
engine idle speed than would have been possible within the physically
adjustable range of the idle speed parameter on the engine before it
accumulated any dynamometer service, all other parameters being
identically adjusted for the purpose of the comparison. Other
maintenance or repairs may be performed in accordance with Sec. 86.088-
25. All work on the vehicle shall be done at such location and under
such conditions as the Administrator may prescribe.
(2) The engine will be retested by the Administrator and the results
of this test shall comprise the official data for the emission-data
engine.
(iv) If sufficient durability data are not available at the time of
any emission test conducted under paragraph (b)(2) of this section to
enable the Administrator to determine whether an emission-data engine
would fail, the manufacturer may request a retest in accordance with the
provisions of paragraph (b)(3)(iii)(B) (1) and (2) of this section. If
the manufacturer does not promptly make such request, he shall be deemed
to have waived the right to a retest. A request for retest must be made
before the manufacturer removes the engine from the test premises.
(c)(1) Paragraph (c) of this section applies to gasoline-fueled and
methanol-fueled heavy-duty vehicles.
[[Page 168]]
(2) The Administrator may require that any one or more of the
evaporative emission family-system combinations included in the
manufacturer's statement(s) of compliance be installed on an appropriate
vehicle and such vehicle be submitted to him, at such place or places as
he may designate, for the purpose of conducting emissions tests. The
Administrator may specify that he will conduct such testing at the
manufacturer's facility, in which case instrumentation and equipment
specified by the Administrator shall be made available by the
manufacturer for test operations. Any testing conducted at a
manufacturer's facility pursuant to this paragraph shall be scheduled by
the manufacturer as promptly as possible.
(3)(i) Whenever the Administrator conducts a test segment on an
evaporative emission family-system combination, the results of that test
segment, unless subsequently invalidated by the Administrator, shall
comprise the official data for that test segment for the evaporative
emission family-system combination, and the manufacturer's data,
analyses, etc., for that test segment shall not be used in determining
compliance with emission standards. The Administrator may stop a test
after any evaporative test segment and use as official data any valid
results obtained up to that point in the test, as described in subpart B
of this part.
(ii) Whenever the Administrator does not conduct a test on an
evaporative emission family-system combination, the manufacturer's test
data will be accepted as the official data: Provided, That if the
Administrator makes a determination, based on testing under paragraph
(c)(2) of this section, that there is a lack of correlation between the
manufacturer's test equipment and the test equipment used by the
Administrator, no manufacturer's test data will be accepted for purposes
of certification until the reasons for the lack of correlation are
determined and the validity of the data is established by the
manufacturer, And further provided, That if the Administrator has
reasonable basis to believe that any test data, analyses, or other
information submitted by the manufacturer is not accurate or has been
obtained in violation of any provision of this part, the Administrator
may refuse to accept those data, analyses, etc., as the official data
pending retesting or submission of further information.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10675, Mar. 15, 1985, as amended at 54 FR 14488, Apr. 11, 1989;
58 FR 16020, Mar. 24, 1993]
Sec. 86.091-30 Certification.
(a)(1)(i) If, after a review of the test reports and data submitted
by the manufacturer, data derived from any inspection carried out under
Sec. 86.091-7(d), and any other pertinent data or information, the
Administrator determines that a test vehicle(s) (or test engine(s))
meets(s) the requirements of the Act and of this subpart, he will issue
a certificate of conformity with respect to such vehicles(s) (or
engines(s)) except in cases covered by paragraphs (a)(1)(ii) and (c) of
this section.
(ii) Gasoline-fueled and methanol-fueled heavy-duty vehicles. If,
after a review of the statement(s) of compliance submitted by the
manufacturer under Sec. 86.091-23(b)(4) and any other pertinent data or
information, the Administrator determines that the requirements of the
Act and this subpart have been met, he will issue one certificate of
conformity per manufacturer with respect to the evaporative emission
family(s) covered by such statement(s) except in cases covered by
paragraph (c) of this section.
(2) Such certificate will be issued for such period not to exceed
one model year as the Administrator may determine and upon such terms as
he may deem necessary or appropriate to assure that any new motor
vehicle (or new motor vehicle engine) covered by the certificate will
meet the requirements of the Act and of this part.
(3)(i) One such certificate will be issued for each engine family.
For gasoline-fueled and methanol fueled light-duty vehicles and light-
duty trucks, one such certificate will be issued for each engine family
evaporative emission family combination.
[[Page 169]]
(A) Light-duty vehicles. Each certificate will certify compliance
with no more than one set of standards (or family emission limits, as
appropriate).
(B) Light-duty trucks. Each certificate will certify compliance with
no more than one set of standards (or family emission limits, as
appropriate), except for low-altitude standards and high altitude
standards. The certificate shall state that it covers vehicles sold or
delivered to an ultimate purchaser for principal use at a designated
high-altitude location only if the vehicle conforms in all material
respects to the design specifications that apply to those vehicles
described in the application for certification at high altitude.
(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles,
one such certificate will be issued for each manufacturer and will
certify compliance for those vehicles previously identified in that
manufacturer's statement(s) of compliance as required in Sec. 86.091-
23(b)(4) (i) and (ii).
(iii) For diesel light-duty vehicles and light-duty trucks, or
diesel heavy-duty engines, included in the applicable particulate
averaging program, the manufacturer may at any time during production
elect to change the level of any family particulate emission limit by
demonstrating compliance with the new limit as described in Sec. Sec.
86.091-28(a)(6) and 86.091-28(b)(5)(i). New certificates issued under
this paragraph will be applicable only for vehicles (or engines)
produced subsequent to the date of issuance.
(iv) For light-duty trucks or heavy-duty engines included in the
applicable NOX averaging program, the manufacturer may at any
time during production elect to change the level of any family
NOX emission limit by demonstrating compliance with the new
limit as described in Sec. 86.091-28(b)(5)(ii). New certificates issued
under this paragraph will be applicable only for vehicles (or engines)
produced subsequent to the day of issue.
(4)(i) The adjustment or modification of any light-duty truck in
accordance with instructions provided by the manufacturer for the
altitude where the vehicle is principally used will not be considered a
violation of section 203(a)(3) of the Clean Air Act.
(ii) A violation of section 203(a)(1) of the Clean Air Act occurs
when a manufacturer sells or delivers to an ultimate purchaser any
light-duty vehicle or light-duty truck, subject to the regulations under
the Act, under any of the conditions specified in the remainder of this
paragraph.
(A) When a light-duty vehicle or light-duty truck is not configured
to meet high-altitude requirements:
(1) At a designated high-altitude location, unless such manufacturer
has reason to believe that such vehicle will not be sold to an ultimate
purchaser for principal use at a designated high-altitude location; or
(2) At a location other than a designated high-altitude location,
when such manufacturer has reason to believe that such motor vehicle
will be sold to an ultimate purchaser for principal use at a designated
high-altitude location.
(B) When a light-duty vehicle is not configured to meet low-altitude
requirements, as provided in Sec. 86.087-8(i):
(1) At a designated low-altitude location, unless such manufacturer
has reason to believe that such vehicle will not be sold to an ultimate
purchaser for principal use at a designated low-altitude location; or
(2) At a location other than a designated low-altitude location,
when such manufacturer has reason to believe that such motor vehicle
will be sold to an ultimate purchaser for principal use at a designated
low-altitude location.
(iii) A manufacturer shall be deemed to have reason to believe that
a light-duty vehicle that has been exempted from compliance with
emission standards at high-altitude, or a light-duty truck which is not
configured to meet high-altitude requirements, will not be sold to an
ultimate purchaser for principal use at a designated high-altitude
location if the manufacturer has informed its dealers and field
representatives about the terms of these high-altitude regulations, has
not caused the improper sale itself, and has taken reasonable action
which shall include, but not be limited to, either paragraph (a)(4)(iii)
(A) or (B), and (a)(4)(ii)(C) of this section:
[[Page 170]]
(A) Requiring dealers in designated high-altitude locations to
submit written statements to the manufacturer signed by the ultimate
purchaser that a vehicle which is not configured to meet high-altitude
requirements will not be used principally at a designated high-altitude
location; requiring dealers in counties contiguous to designated high-
altitude locations to submit written statements to the manufacturer,
signed by the ultimate purchaser who represents to the dealer in the
normal course of business that he or she resides in a designated high-
altitude location, that a vehicle which is not configured to meet high-
altitude requirements will not be used principally at a designated high-
altitude location; and for each sale or delivery of fleets of ten or
more such vehicles in a high-altitude location or in counties contiguous
to high-altitude locations, requiring either the selling dealer or the
delivering dealer to submit written statements to the manufacturer,
signed by the ultimate purchaser who represents to the dealer in the
normal course of business that he or she resides in a designated high-
altitude location, that a vehicle which is not configured to meet high-
altitude requirements will not be used principally at a designated high-
altitude location. In addition, the manufacturer will make available to
EPA, upon reasonable written request (but not more frequently than
quarterly, unless EPA has demonstrated that it has substantial reason to
believe that an improperly configured vehicle has been sold), sales,
warranty, or other information pertaining to sales of vehicles by the
dealers described above maintained by the manufacturer in the normal
course of business relating to the altitude configuration of vehicles
and the locations of ultimate purchasers; or
(B) Implementing a system which monitors factory orders of low-
altitude vehicles by high-altitude dealers, or through other means,
identifies dealers that may have sold or delivered a vehicle not
configured to meet the high-altitude requirements to an ultimate
purchaser for principal use at a designated high-altitude location; and
making such information available to EPA upon reasonable written request
(but not more frequently than quarterly, unless EPA has demonstrated
that it has substantial reason to believe that an improperly configured
vehicle has been sold); and
(C) Within a reasonable time after receiving written notice from EPA
or a State or local government agency that a dealer may have improperly
sold or delivered a vehicle not configured to meet the high-altitude
requirements to an ultimate purchaser residing in a designated high-
altitude location, or based on information obtained pursuant to
paragraph (a)(4)(iii) of this section that a dealer may have improperly
sold or delivered a significant number of such vehicles to ultimate
purchasers so residing, reminding the dealer in writing of the
requirements of these regulations, and, where appropriate, warning the
dealer that sale by the dealer of vehicles not configured to meet high-
altitude requirements may be contrary to the terms of its franchise
agreement with the manufacturer and the dealer certification
requirements of Sec. 85.2108 of this chapter.
(iv) A manufacturer shall be deemed to have reason to believe that a
light-duty vehicle which has been exempted from compliance with emission
standards at low-altitude, as provided in Sec. 86.087-8(i), will not be
sold to an ultimate purchaser for principal use at a designated low-
altitude location if the manufacturer has informed its dealers and field
representatives about the terms of the high-altitude regulations, has
not caused the improper sale itself, and has taken reasonable action
which shall include, but not be limited to, either paragraph (a)(4)(iv)
(A) or (B), and (a)(4)(iv)(C) of this section:
(A) Requiring dealers in designated low-altitude locations to submit
written statements to the manufacturer signed by the ultimate purchaser
that a vehicle which is not configured to meet low-altitude requirements
will not be used principally at a designated low-altitude location;
requiring dealers in counties contiguous to designated low-altitude
locations to submit written statements to the manufacturer, signed by
the ultimate purchaser who represents to the dealer in the normal
[[Page 171]]
course of business that he or she resides in a designated low-altitude
location, that a vehicle which is not configured to meet low-altitude
requirements will not be used principally at a designated low-altitude
location; and for each sale or delivery of fleets of ten or more such
vehicles in a low-altitude location or in counties contiguous to low-
altitude locations, requiring either the selling dealer or the
delivering dealer to submit written statements to the manufacturer,
signed by the ultimate purchaser who represents to the dealer in the
normal course of business that he or she resides in a designated low-
altitude location, that a vehicle which is not configured to meet low-
altitude requirements will not be used principally at a designated high-
altitude location. In addition, the manufacturer will make available to
EPA, upon reasonable written request (but not more frequently than
quarterly, unless EPA has demonstrated that it has substantial reason to
believe that an improperly configured vehicle has been sold), sales,
warranty, or other information pertaining to sales of vehicles by the
dealers described above maintained by the manufacturer in the normal
course of business relating to the altitude configuration of vehicles
and the locations of ultimate purchasers; or
(B) Implementing a system which monitors factory orders of high-
altitude vehicles by low-altitude dealers, or through other means,
identifies dealers that may have sold or delivered a vehicle not
configured to meet the low-altitude requirements to an ultimate
purchaser for principal use at a designated low-altitude location; and
making such information available to EPA upon reasonable written request
(but not more frequently than quarterly, unless EPA has demonstrated
that it has substantial reason to believe that an improperly configured
vehicle has been sold); and
(C) Within a reasonable time after receiving written notice from EPA
or a state or local government agency that a dealer may have improperly
sold or delivered a vehicle not configured to meet the low-altitude
requirements to an ultimate purchaser residing in a designated low-
altitude location, or based on information obtained pursuant to
paragraph (a)(4)(iv) of this section that a dealer may have improperly
sold or delivered a significant number of such vehicles to ultimate
purchasers so residing, reminding the dealer in writing of the
requirements of these regulations, and, where appropriate, warning the
dealer that sale by the dealer of vehicles not configured to meet low-
altitude requirements may be contrary to the terms of its franchise
agreement with the manufacturer and the dealer certification
requirements of Sec. 85.2108 of this chapter.
(5)(i) For the purpose of paragraph (a) of this section, a
``designated high-altitude location'' is any county which has
substantially all of its area located above 1,219 meters (4,000 feet)
and:
(A) Requested an extension past the attainment date of December 31,
1982, for compliance with either the National Ambient Air Quality
Standards for carbon monoxide or ozone, as indicated in part 52
(Approval and Promulgation of Implementation Plans) of this title; or
(B) Is in the same state as a county designated as a high-altitude
location according to paragraph (a)(5)(i)(A) of this section.
(ii) The designated high-altitude locations defined in paragraph
(a)(5)(i) of this section are listed below:
State of Colorado
Adams
Alamosa
Arapahoe
Archuleta
Boulder
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Crowley
Custer
Delta
Denver
Dolores
Douglas
Eagle
Elbert
El Paso
Fremont
Garfield
Gilpin
Grand
Gunnison
Hinsdale
Huerfano
Jackson
Jefferson
Kit Carson
Lake
La Plata
Larimer
Las Animas
Lincoln
Mesa
Mineral
Moffat
Montezuma
Montrose
Morgan
Otero
Ouray
Park
Pitkin
Pueblo
Rio Blanco
Rio Grande
Routt
[[Page 172]]
Saguache
San Juan
San Miguel
Summit
Teller
Washington
Weld
State of Nevada
Carson City
Douglas
Elko
Esmeralda
Eureka
Humboldt
Lander
Lincoln
Lyon
Mineral
Nye
Pershing
Storey
Washoe
White Pine
State of New Mexico
Bernalillo
Catron
Colfax
Curry
De Baca
Grant
Guadalupe
Harding
Hidalgo
Lincoln
Los Alamos
Luna
McKinley
Mora
Otero
Rio Arriba
Roosevelt
Sandoval
San Juan
San Miguel
Santa Fe
Sierra
Socorro
Taos
Torrance
Union
Valencia
State of Utah
Beaver
Box Elder
Cache
Carbon
Daggett
Davis
Duchesne
Emery
Garfield
Grand
Iron
Juab
Kane
Millard
Morgan
Piute
Rich
Salt Lake
San Juan
Sanpete
Sevier
Summit
Tooele
Uintah
Utah
Wasatch
Wayne
Weber
(iii) For the purpose of paragraph (a) of this section, a
``designated low-altitude location'' is any county which has
substantially all of its area located below 1,219 meters (4,000 feet).
(iv) The designated low-altitude locations so defined include all
counties in the United States which are not listed in eithir paragraph
(a)(5)(ii) of this section or in the list below:
State of Arizona
Apache
Cochise
Coconino
Navajo
Yavapai
State of Idaho
Bannock
Bear Lake
Bingham
Blaine
Bonneville
Butte
Camas
Caribou
Cassia
Clark
Custer
Franklin
Fremont
Jefferson
Lemhi
Madison
Minidoka
Oneida
Power
Treton
Valley
State of Montana
Beaverhead
Deer Lodge
Gallatin
Jefferson
Judith Basin
Madison
Meagher
Park
Powell
Silver Bow
Wheatland
State of Nebraska
Banner
Cheyenne
Kimball
Sioux
State of Oregon
Harney
Klamath
Lake
State of Texas
Jeff Davis
Hudspeth
Parmer
State of Wyoming
Albany
Campbell
Carbon
Converse
Fremont
Goshen
Hot Springs
Johnson
Laramie
Lincoln
Natrona
Niobrara
Park
Platte
Sublette
Sweetwater
Teton
Uinta
Washakie
Weston
(6) Catalyst-equipped vehicles, otherwise covered by a certificate,
which are driven outside the United States, Canada, and Mexico will be
presumed to have been operated on leaded gasoline resulting in
deactivation of the catalysts. If these vehicles are imported or offered
for importation without retrofit of the catalyst, they will be
considered not to be within the coverage of the certificate unless
included in a catalyst control program operated by a manufacturer or a
United States Government agency and approved by the Administrator.
(7) For incomplete light-duty trucks, a certificate covers only
those new motor vehicles which, when completed
[[Page 173]]
by having the primary load-carrying device or container attached,
conform to the maximum curb weight and frontal area limitations
described in the application for certification as required in Sec.
86.091-21(d).
(8) For heavy-duty engines, a certificate covers only those new
motor vehicle engines installed in heavy-duty vehicles which conform to
the minimum gross vehicle weight rating, curb weight, or frontal area
limitations for heavy-duty vehicles described in Sec. 86.082-2.
(9) For incomplete gasoline-fueled and methanol-fueled heavy-duty
vehicles a certificate covers only those new motor vehicles which, when
completed, conform to the nominal maximum fuel tank capacity limitations
as described in the application for certification as required in Sec.
86.091-21(e).
(10)(i) For diesel light-duty vehicle and diesel light-duty truck
families which are included in a particulate averaging program, the
manufacturer's production-weighted average of the particulate emission
limits of all engine families in a participating class or classes shall
not exceed the applicable diesel particulate standard, or the composite
particulate standard defined in Sec. 86.090-2 as appropriate, at the
end of the model year, as determined in accordance with 40 CFR part 86.
The certificate shall be void ab initio for those vehicles causing the
production-weighted FEL to exceed the particulate standard.
(ii) For all heavy-duty diesel engines which are included in the
particulate averaging, trading, or banking programs under Sec. 86.091-
15:
(A) All certificates issued are conditional upon the manufacturer
complying with the provisions of Sec. 86.091-15 and the averaging,
trading, and banking related provision of other applicable sections,
both during and after the model year production.
(B) Failure to comply with all provisions of Sec. 86.091-15 will be
considered to be a failure to satisfy the conditions upon which the
certificate was issued, and the certificate may be deemed void ab
initio.
(C) The manufacturer shall bear the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied or excused.
(b)(1) The Administrator will determine whether a vehicle (or
engine) covered by the application complies with applicable standards
(or family emission limits, as appropriate) by observing the following
relationships:
(i) Light-duty vehicles. (A) The durability data vehicle(s) selected
under Sec. 86.090-24(c)(1)(i) shall represent all vehicles of the same
engine system combination.
(B) The emission data vehicle(s) selected under Sec. 86.090-
24(b)(1) (ii) through (iv) shall represent all vehicles of the same
engine-system combination as applicable.
(C) The emission-data vehicle(s) selected under Sec. 86.090-
24(b)(l)(vii) (A) and (B) shall represent all vehicles of the same
evaporative control system within the evaporative family.
(ii) Light-duty trucks. (A) The emission-data vehicle(s) selected
under Sec. 86.090-24(b)(1)(ii), shall represent all vehicles of the
same engine-system combination as applicable.
(B) The emission-data vehicle(s) selected under Sec. 86.090-
24(b)(1)(vii) (A) and (B) shall represent all vehicles of the same
evaporative control system within the evaporative family.
(C) The emission-data vehicle(s) selected under Sec. 86.090-
24(b)(1)(v) shall represent all vehicles of the same engine-system
combination as applicable.
(D) The emission-data vehicle(s) selected under Sec. 86.090-
24(b)(1)(viii) shall represent all vehicles of the same evaporative
control system within the evaporative emission family, as applicable.
(iii) Heavy-duty engines. (A) An Otto-cycle emission-data test
engine selected under Sec. 86.090-24(b)(2)(iv) shall represent all
engines in the same family of the same engine displacement-exhaust
emission control system combination.
(B) An Otto-cycle emission-data test engine selected under Sec.
86.090-24(b)(2)(iii) shall represent all engines in the same engine
family of the same engine displacement-exhaust emission control system
combination.
(C) A diesel emission data test engine selected under Sec. 86.090-
24(b)(3)(ii) shall
[[Page 174]]
represent all engines in the same engine-system combination.
(D) A diesel emission-data test engine selected under Sec. 86.090-
24(b)(3)(iii) shall represent all engines of that emission control
system at the rated fuel delivery of the test engine.
(iv) Gasoline-fueled and methanol-fueled heavy-duty vehicles. A
statement of compliance submitted under Sec. 86.091-23(b)(4) (i) or
(ii) shall represent all vehicles in the same evaporative emission
family-evaporative emission control system combination.
(2) The Administrator will proceed as in paragraph (a) of this
section with respect to the vehicles (or engines) belonging to an engine
family or engine family-evaporative emission family combination (as
applicable), all of which comply with all applicable standards (or
family emission limits, as appropriate).
(3) If after a review of the test reports and data submitted by the
manufacturer, data derived from any additional testing conducted
pursuant to Sec. 86.090-29, data or information derived from any
inspection carried out under Sec. 86.091-7(d) or any other pertinent
data or information, the Administrator determines that one or more test
vehicles (or test engines) of the certification test fleet do not meet
applicable standards (or family emission limits, as appropriate), he
will notify the manufacturer in writing, setting forth the basis for his
determination. Within 30 days following receipt of the notification, the
manufacturer may request a hearing on the Administrator's determination.
The request shall be in writing, signed by an authorized representative
of the manufacturer and shall include a statement specifying the
manufacturer's objections to the Administrator's determination and data
in support of such objections. If, after a review of the request and
supporting data, the Administrator finds that the request raises a
substantial factual issue, he shall provide the manufacturer a hearing
in accordance with Sec. 86.078-6 with respect to such issue.
(4) For light-duty vehicles and light-duty trucks the manufacturer
may, at its option, proceed with any of the following alternatives with
respect to an emission-data vehicle determined not in compliance with
all applicable standards (or family emission limits, as appropriate) for
which it was tested:
(i) Request a hearing under Sec. 86.078-6; or
(ii) Remove the vehicle configuration (or evaporative vehicle
configuration, as applicable) which failed, from his application;
(A) If the failed vehicle was tested for compliance with exhaust
emission standards (or family emission limits, as appropriate) only: The
Administrator may select, in place of the failed vehicle, in accordance
with the selection criteria employed in selecting the failed vehicle, a
new emission-data vehicle to be tested for exhaust emission compliance
only.
(B) If the failed vehicle was tested for compliance with both
exhaust and evaporative emission standards: The Administrator may
select, in place of the failed vehicle, in accordance with the selection
criteria employed in selecting the failed vehicle, a new emission-data
vehicle which will be tested for compliance with both exhaust and
evaporative emission standards. If one vehicle cannot be selected in
accordance with the selection criteria employed in selecting the failed
vehicle, then two vehicles may be selected (i.e., one vehicle to satisfy
the exhaust emission vehicle selection criteria and one vehicle to
satisfy the evaporative emission vehicle selection criteria). The
vehicle selected to satisfy the exhaust emission vehicle selection
criteria will be tested for compliance with exhaust emission standards
(or family emission limits, as appropriate) only. The vehicle selected
to satisfy the evaporative emission vehicle selection criteria will be
tested for compliance with both exhaust and evaporative emission
standards; or
(iii) Remove the vehicle configuration (or evaporative vehicle
configuration, as applicable) which failed from the application and add
a vehicle configuration(s) (or evaporative vehicle configuration(s), as
applicable) not previously listed. The Administrator may require, if
applicable, that the failed vehicle be modified to the new engine code
(or evaporative emission code, as applicable) and demonstrate by testing
that it meets applicable standards (or
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family emission limits, as appropriate) for which it was originally
tested. In addition, the Administrator may select, in accordance with
the vehicle selection criteria given in Sec. 86.090-24(b), a new
emission-data vehicle or vehicles. The vehicles selected to satisfy the
exhaust emission vehicle selection criteria will be tested for
compliance with exhaust emission standards (or family emission limits,
as appropriate) only. The vehicles selected to satisfy the evaporative
emission vehicle selection criteria will be tested for compliance with
both exhaust and evaporative emission standards (or family emission
limits, as appropriate); or
(iv) Correct a component or system malfunction and show that with a
correctly functioning system or component the failed vehicle meets
applicable standards (or family emission limits, as appropriate) for
which it was originally tested. The Administrator may require a new
emission-data vehicle, of identical vehicle configuration (or
evaporative vehicle configuration, as applicable) to the failed vehicle,
to be operated and tested for compliance with the applicable standards
(or family emission limits, as appropriate) for which the failed vehicle
was originally tested.
(5) For heavy-duty engines the manufacturer may, at his option,
proceed with any of the following alternatives with respect to any
engine family represented by a test engine(s) determined not in
complinace with applicable standards (or family emission limit, as
appropriate):
(i) Request a hearing under Sec. 86.078-6; or
(ii) Delete from the application for certification the engines
represented by the failing test engine. (Engines so deleted may be
included in a later request for certification under Sec. 86.079-32.)
The Administrator may then select in place of each failing engine an
alternate engine chosen in accordance with selection criteria employed
in selecting the engine that failed; or
(iii) Modify the test engine and demonstrate by testing that it
meets applicable standards. Another engine which is in all material
respects the same as the first engine, as modified, may then be operated
and tested in accordance with applicable test procedures.
(6) If the manufacturer does not request a hearing or present the
required data under paragraphs (b)(4) or (b)(5) of this section (as
applicable) of this section, the Administrator will deny certification.
(c)(1) Notwithstanding the fact that any certification vehicle(s)
(or certification engine(s)) may comply with other provisions of this
subpart, the Administrator may withhold or deny the issuance of a
certificate of conformity (or suspend or revoke any such certificate
which has been issued) with respect to any such vehicle(s) (or
engine(s)) if:
(i) The manufacturer submits false or incomplete information in his
application for certification thereof;
(ii) The manufacturer renders inaccurate any test data which he
submits pertaining thereto or otherwise circumvents the intent of the
Act, or of this part with respect to such vehicle (or engine);
(iii) Any EPA Enforcement Officer is denied access on the terms
specified in Sec. 86.091-7(d) to any facility or portion thereof which
contains any of the following:
(A) The vehicle (or engine):
(B) Any components used or considered for use in its modification or
buildup into a certification vehicle (or certification engine);
(C) Any production vehicle (or production engine) which is or will
be claimed by the manufacturer to be covered by the certificate;
(D) Any step in the construction of a vehicle (or engine) described
in paragraph (c)(iii)(C) of this section;
(E) Any records, documents, reports, or histories required by this
part to be kept concerning any of the above;
(iv) Any EPA Enforcement Officer is denied ``reasonable assistance''
(as defined in Sec. 86.091-7(d) in examining any of the items listed in
paragraph (c)(1)(iii) of this section.
(2) The sanctions of withholding, denying, revoking, or suspending
of a certificate may be imposed for the reasons in paragraphs
(c)(1)(i),(ii),(iii), or (iv) of this section only when the infraction
is substantial.
[[Page 176]]
(3) In any case in which a manufacturer knowingly submits false or
inaccurate information or knowingly renders inaccurate or invalid any
test data or commits any other fraudulent acts and such acts contribute
substantially to the Administrator's decision to issue a certificate of
conformity, the Administrator may deem such certificate void ab initio.
(4) In any case in which certification of a vehicle (or engine) is
proposed to be withheld, denied, revoked, or suspended under paragraph
(c)(1) (iii) or (iv) of this section, and in which the Administrator has
presented to the manufacturer involved reasonable evidence that a
violation of Sec. 86.091-7(d) in fact occurred, the manufacturer, if he
wishes to contend that, even though the violation occurred, the vehicle
(or engine) in question was not involved in the violation to a degree
that would warrant withholding, denial, revocation, or suspension of
certification under either paragraph (c)(1) (iii) or (iv) of this
section, shall have the burden of establishing that contention to the
satisfaction of the Administrator.
(5) Any revocation or suspension of certification under paragraph
(c)(1) of this section shall:
(i) Be made only after the manufacturer concerned has been offered
an opportunity for a hearing conducted in accordance with Sec. 86.078-6
hereof.
(ii) Extend no further than to forbid the introduction into commerce
of vehicles (or engines) previously covered by the certification which
are still in the hands of the manufacturer, except in cases of such
fraud or other misconduct as makes the certification invalid ab initio.
(6) The manufacturer may request in the form and manner specified in
paragraph (b)(3) of this section that any determination made by the
Administrator under paragraph (c)(1) of this section to withhold or deny
certification be reviewed in a hearing conducted in accordance with
Sec. 86.078-6. If the Administrator finds, after a review of the
request and supporting data, that the request raises a substantial
factual issue, he will grant the request with respect to such issue.
(d)(1) For light-duty vehicles. Notwithstanding the fact that any
vehicle configuration or engine family may be covered by a valid
outstanding certificate of conformity, the Administrator may suspend
such outstanding certificate of conformity in whole or in part with
respect to such vehicle configuration or engine family if:
(i) The manufacturer refuses to comply with the provisions of a test
order issued by the Administrator pursuant to Sec. 86.603; or
(ii) The manufacturer refuses to comply with any of the requirements
of Sec. 86.603; or
(iii) The manufacturer submits false or incomplete information in
any report or information provided pursuant to the requirements of Sec.
86.609; or
(iv) The manufacturer renders inaccurate any test data which he
submits pursuant to Sec. 86.609; or
(v) Any EPA Enforcement Officer is denied the opportunity to conduct
activities related to entry and access as authorized in Sec. 86.606 of
this part and in a warrant or court order presented to the manufacturer
or the party in charge of a facility in question; or
(vi) EPA Enforcement Officers are unable to conduct activities
related to entry and access or to obtain ``reasonable assistance'' as
authorized in Sec. 86.606 of this part because a manufacturer has
located its facility in a foreign jurisdiction where local law prohibits
those activities; or
(vii) The manufacturer refuses to or in fact does not comply with
Sec. Sec. 86.604(a), 86.605, 86.607, 86.608, or 86.610.
(2) The sanction of suspending a certificate may not be imposed for
the reasons in paragraph (d)(1)(i), (ii), or (vii) of this section where
the refusal is caused by conditions and circumstances outside the
control of the manufacturer which render it impossible to comply with
those requirements.
(3) The sanction of suspending a certificate may be imposed for the
reasons in paragraph (d)(1)(iii), (iv), or (v) of this section only when
the infraction is substantial.
(4) In any case in which a manufacturer knowingly submitted false or
inaccurate information or knowingly rendered inaccurate any test data or
committed any other fraudulent acts,
[[Page 177]]
and such acts contributed substantially to the Administrator's original
decision not to suspend or revoke a certificate of conformity in whole
or in part, the Administrator may deem such certificate void from the
date of such fraudulent act.
(5) In any case in which certification of a vehicle is proposed to
be suspended under paragraph (d)(1)(v) of this section and in which the
Administrator has presented to the manufacturer involved reasonable
evidence that a violation of Sec. 86.606 in fact occurred, if the
manufacturer wishes to contend that, although the violation occurred,
the vehicle configuration or engine family in question was not involved
in the violation to a degree that would warrant suspension of
certification under paragraph (d)(1)(v) of this section, the
manufacturer shall have the burden of establishing the contention to the
satisfaction of the Administrator.
(6) Any suspension of certification under paragraph (d)(1) of this
section shall:
(i) Be made only after the manufacturer concerned has been offered
an opportunity for a hearing conducted in accordance with Sec. 86.614;
and
(ii) Not apply to vehicles no longer in the hands of the
manufacturer.
(7) Any voiding of a certificate of conformity under paragraph
(d)(4) of this section will be made only after the manufacturer
concerned has been offered an opportunity for a hearing conducted in
accordance with Sec. 86.614.
(e) For light-duty trucks and heavy-duty engines. (1)
Notwithstanding the fact that any vehicle configuration or engine family
may be covered by a valid outstanding certificate of conformity, the
Administrator may suspend such outstanding certificate of conformity in
whole or in part with respect to such vehicle or engine configuration or
engine family if:
(i) The manufacturer refuses to comply with the provisions of a test
order issued by the Administrator pursuant to Sec. 86.1003; or
(ii) The manufacturer refuses to comply with any of the requirements
of Sec. 86.1003; or
(iii) The manufacturer submits false or incomplete information in
any report or information provided pursuant to the requirements of Sec.
86.1009; or
(iv) The manufacturer renders inaccurate any test data submitted
pursuant to Sec. 86.1009; or
(v) Any EPA Enforcement Officer is denied the opportunity to conduct
activities related to entry and access as authorized in Sec. 86.1006 of
this part and in a warrant or court order presented to the manufacturer
or the party in charge of a facility in question; or
(vi) EPA Enforcement Officers are unable to conduct activities
related to entry and access as authorized in Sec. 86.1006 of this part
because a manufacturer has located a facility in a foreign jurisdiction
where local law prohibits those activities; or
(vii) The manufacturer refuses to or in fact does not comply with
the requirements of Sec. Sec. 86.1004(a), 86.1005, 86.1007, 86.1008,
86.1010, 86.1011, or 86.1013.
(2) The sanction of suspending a certificate may not be imposed for
the reasons in paragraph (e)(1) (i), (ii), or (vii) of this section
where such refusal or denial is caused by conditions and circumstances
outside the control of the manufacturer which renders it impossible to
comply with those requirements. Such conditions and circumstances shall
include, but are not limited to, any uncontrollable factors which result
in the temporary unavailability of equipment and personnel needed to
conduct the required tests, such as equipment breakdown or failure or
illness of personnel, but shall not include failure of the manufacturers
to adequately plan for and provide the equipment and personnel needed to
conduct the tests. The manufacturer will bear the burden of establishing
the presence of the conditions and circumstances required by this
paragraph.
(3) The sanction of suspending a certificate may be imposed for the
reasons outlined in paragraph (e)(1) (iii), (iv), or (v) of this section
only when the infraction is substantial.
(4) In any case in which a manufacturer knowingly submitted false or
inaccurate information or knowingly rendered inaccurate any test data or
committed any other fraudulent acts, and such acts contributed
substantially to the Administrator's original
[[Page 178]]
decision not to suspend or revoke a certificate of conformity in whole
or in part, the Administrator may deem such certificate void from the
date of such fraudulent act.
(5) In any case in which certification of a light-duty truck or
heavy-duty engine is proposed to be suspended under paragraph (e)(1)(v)
of this section and in which the Administrator has presented to the
manufacturer involved reasonable evidence that a violation of Sec.
86.1006 in fact occurred, if the manufacturer wishes to contend that,
although the violation occurred, the vehicle or engine configuration or
engine family in question was not involved in the violation to a degree
that would warrant suspension of certification under paragraph (e)(1)(v)
of this section, he shall have the burden of establishing that
contention to the satisfaction of the Administrator.
(6) Any suspension of certification under paragraph (e)(1) of this
section shall:
(i) Be made only after the manufacturer concerned has been offered
an opportunity for a hearing conducted in accordance with Sec. 86.1014,
and
(ii) Not apply to vehicles or engines no longer in the hands of the
manufacturer.
(7) Any voiding of a certificate of conformity under paragraph
(e)(4) of this section shall be made only after the manufacturer
concerned has been offered an opportunity for a hearing conducted in
accordance with Sec. 86.1014.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10682, Mar. 15, 1985, as amended at 54 FR 14493, Apr. 11, 1989;
55 FR 30625, July 26, 1990]
Sec. 86.091-35 Labeling.
(a) The manufacturer of any motor vehicle (or motor vehicle engine)
subject to the applicable emission standards (and family emission
limits, as appropriate) of this subpart, shall, at the time of
manufacture, affix a permanent legible label, of the type and in the
manner described below, containing the information hereinafter provided,
to all production models of such vehicles (or engines) available for
sale to the public and covered by a certificate of conformity under
Sec. 86.091-30(a).
(1) Light-duty vehicles. (i) A permanent, legible label shall be
affixed in a readily visible position in the engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Vehicle Emission Control Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches), engine family
identification and evaporative family identification;
(D) Engine tune-up specifications and adjustments, as recommended by
the manufacturer in accordance with the applicable emission standards
(or family emission limits, as appropriate), including but not limited
to idle speed(s), ignition timing, the idle air-fuel mixture setting
procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed
drop), high idle speed, initial injection timing, and valve lash (as
applicable), as well as other parameters deemed necessary by the
manufacturer. These specifications should indicate the proper
transmission position during tune-up and what accessories (e.g., air
conditioner), if any, should be in operation;
(E) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to light-duty vehicles;
(F) For vehicles which are part of the diesel particulate averaging
program, the family particulate emission limit to which the vehicle is
certified;
(G) For vehicles that have been exempted from compliance with the
emission standards at high altitude, as specified in Sec. 86.087-8(h),
(1) A highlighted statement (e.g., underscored or boldface letters)
that the
[[Page 179]]
vehicle is certified to applicable emission standards at low altitude
only,
(2) A statement that the vehicle's unsatisfactory performance under
high-altitude conditions makes it unsuitable for principal use at high
altitude, and
(3) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at
high altitude; and
(H) For vehicles that have been exempted from compliance with the
emission standards at low altitude, as specified in Sec. 86.087-8(i),
(1) A highlighted statement (e.g., underscored or boldface letters)
that the vehicle is certified to applicable emission standards at high
altitude only, and
(2) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at low
altitude.
(2) Light-duty trucks. (i) A legible permanent label shall be
affixed in a readily visible position in the engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label.
(A) The label heading: Important Vehicle Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches) and engine family
identification;
(D) Engine tune-up specifications and adjustments, as recommended by
the manufacturer in accordance with the applicable emission standards
(or family emission limits, as appropriate), including but not limited
to idle speed(s), ignition timing, the idle air-fuel mixture setting
procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed
drop), high idle speed, initial injection timing, and valve lash (as
applicable), as well as other parameters deemed necessary by the
manufacturer. These specifications should indicate the proper
transmission position during tune-up and what accessories (e.g., air
conditioner), if any, should be in operation. If adjustments or
modifications to the vehicle are necessary to insure compliance with
emission standards (or family emission limits, as appropriate) at either
high or low altitude, the manufacturer shall either include the
instructions for such adjustments on the label, or indicate on the label
where instructions for such adjustments may be found. The label shall
indicate whether the engine tune-up or adjustment specifications are
applicable to high altitude, low altitude or both;
(E) The prominent statement: ``This vehicle conforms to U.S. EPA
regulations applicable to 19-- Model Year New Light-Duty Trucks.''
(F) If the manufacturer is provided an alternate useful-life period
under the provisions of Sec. 86.088-21(f), the prominent statement:
``This vehicle has been certified to meet U.S. EPA standards for a
useful-life period of-- years or-- miles of operation, whichever occurs
first. This vehicle's actual life may vary depending on its service
application.'' The manufacturer may alter this statement only to express
the assigned alternate useful life in terms other than years of miles
(e.g., hours, or miles only);
(G) A statement, if applicable, that the adjustments or
modifications indicated on the label are necessary to ensure emission
control compliance at the altitude specified;
(H) A statement, if applicable, that the high-altitude vehicle was
designated or modified for principal use at high altitude. This
statement must be affixed by the manufacturer at the time of assembly or
by any dealer who performs the high-altitude modification or adjustment
prior to sale to an ultimate purchaser;
(I) For vehicles that have been exempted from compliance with the
high-altitude emission standards, as specified in Sec. 86.088-9(g)(2),
(1) A highlighted statement (e.g., underscored or boldface letters)
that the
[[Page 180]]
vehicle is certified to applicable emission standards at low altitude
only,
(2) A statement that the vehicle's unsatisfactory performance under
high-altitude conditions makes it unsuitable for principal use at high
altitude, and
(3) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart I do not apply when the vehicle is tested at
high altitude; and,
(J) For vehicles which are included in the diesel particulate
averaging program, the family particulate emission limit to which the
vehicle is certified.
(K) For vehicles which are included in the light-duty truck
NOX averaging program, the family NOX emission
limit to which the vehicle is certified.
(3) Heavy-duty engines. (i) A permanent legible label shall be
affixed to the engine in a position in which it will be readily visible
after installation in the vehicle.
(ii) The label shall be attached to an engine part necessary for
normal engine operation and not normally requiring replacement during
engine life.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Important Engine Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches) and engine family and
model designations;
(D) Date of engine manufacture (month and year). The manufacturer
may, in lieu of including the date of manufacture on the engine label,
maintain a record of the engine manufacture dates. The manufacturer
shall provide the date of manufacture records to the Administrator upon
request;
(E) Engine specifications and adjustments as recommended by the
manufacturer. These specifications should indicate the proper
transmission position during tuneup and what accessories (e.g., air
conditioner), if any, should be in operation;
(F) For Otto-cycle engines the label should include the idle speed,
ignition timing, and the idle air-fuel mixture setting procedure and
value (e.g., idle CO, idle air-fuel ratio, idle speed drop), and valve
lash;
(G) For diesel engines the label should include the advertised hp at
rpm, fuel rate at advertised hp in mm3/stroke, valve lash,
initial injection timing, and idle speed;
(H) The prominent statement: ``This engine conforms to U.S. EPA
regulations applicable to 19-- Model Year New Heavy-Duty Engines.''
(I) If the manufacturer is provided with an alternate useful-life
period under the provisions of Sec. 86.088-21(f), the prominent
statement: ``This engine has been certified to meet U.S. EPA standards
for a useful-life period of __ miles or -- hours of operation, whichever
occurs first. This engine's actual life may vary depending on its
service application.'' The manufacturer may alter this statement only to
express the assigned alternate useful life in terms other than miles or
hours (e.g., years, or hours only);
(J) For diesel engines. The prominent statement: ``This engine has a
primary intended service application as a __ heavy-duty engine.'' (The
primary intended service applications are light, medium, and heavy, as
defined in Sec. 86.085-2);
(K) For Otto-cycle engines. One of the following statements, as
applicable:
(1) For engines certified to the emission standards of Sec. 86.091-
10(a)(1)(i) or Sec. 86.091-10(a)(1)(iii), the statement: ``This engine
is certified for use in all heavy-duty vehicles.''
(2) For gasoline-fueled engines certified under the provisions of
Sec. 86.091-10(a)(3)(i), the statement: ``This engine is certified for
use in all heavy-duty vehicles under the special provision of 40 CFR
86.091-10(a)(3)(i).''
(3) For engines certified to the emission standards of Sec. 86.091-
10(a)(1)(ii) or Sec. 86.091-10(a)(1)(iv), the statement: ``This engine
is certified for use only in heavy-duty vehicles with a gross vehicle
weight rating above 14,000 lbs.''
(L) For all heavy-duty engines which are included in the particulate
averaging, trading, or banking programs, the particulate family emission
limit to which the engine is certified.
(M) For all heavy-duty engines which are included in the
NOX averaging,
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trading, or banking programs, the NOX family emission limit
to which the engine is certified.
(N) For diesel engines which have been certified to comply with the
urban bus particulate standard of 40 CFR 86.091-11(a)(1)(iv), the
statement ``This engine is certified for use in an urban bus as defined
at 40 CFR 86.091-2.'' Unless waived by the Administrator on the basis of
impracticality, for diesel engines not certified to comply with the
urban bus particulate standard, the statement ``This engine is not
certified for use in an urban bus as defined at 40 CFR 86.091-2. Sales
of this engine for use in an urban bus is a violation of Federal law
under the Clean Air Act.''
(iv) The label may be made up of one or more pieces: Provided, That
all pieces are permanently attached to the same engine or vehicle part
as applicable.
(4)(i) Gasoline-fueled and methanol-fueled heavy-duty vehicles. A
permanent, legible label shall be affixed in a readily visible position
in the engine compartment. If such vehicles do not have an engine
compartment, the label required in paragraphs (a)(4) and (g)(1) of this
section shall be affixed in a readily visible position on the operator's
enclosure or on the engine.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The lable shall contain the following information lettered in
the English language in block letters and numericals, which shall be of
a color that contrasts with the background of the label:
(A) The label heading: Vehicle Emission Control Information;
(B) Full corporate name and trademark of manufacturer;
(C) Evaporative family identification;
(D) The maximum nominal fuel tank capacity (in gallons) for which
the evaporative control system is certified; and
(E) One of the following, as appropriate:
(1) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to gasoline-fueled heavy-duty vehicles.
(2) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to methanol-fueled heavy-duty vehicles.
(b) The provisions of this section shall not prevent a manufacturer
from also reciting on the label that such vehicle (or engine) conforms
to any applicable state emission standards for new motor vehicles (or
new motor vehicle engines) or any other information that such
manufacturer deems necessary for, or useful to, the proper operation and
satisfactory maintenance of the vehicle (or engine).
(c)(1) The manufacturer of any light-duty vehicle or light-duty
truck subject to the emission standards (or family emission limits, as
appropriate) of this subpart shall, in addition and subsequent to
setting forth those statements on the label required by the Department
of Transportation (DOT) pursuant to 49 CFR 567.4, set forth on the DOT
label or on an additional label located in proximity to the DOT label
and affixed as described in 40 CFR 567.4(b), the following information
in the English language, lettered in block letters and numerals not less
than three thirty-seconds of an inch high, of a color that contrasts
with the background of the label:
(i) The Heading: ``Vehicle Emission Control Information.''
(ii)(A) For light-duty vehicles, the statement: ``This Vehicle
Conforms to U.S. EPA Regulations Applicable to 19_ Model Year New Motor
Vehicles.''
(B) For light-duty trucks. (1) The statement: ``This vehicle
conforms to U.S. EPA regulations applicable to 19_ Model Year New Light-
Duty Trucks.''
(2) If the manufacturer is provided an alternate useful-life period
under the provisions of Sec. 86.088-21(f), the prominent statement:
``This vehicle has been certified to meet U.S. EPA standards for a
useful-life period of -- years or _ miles of operation, whichever occurs
first. This vehicle's actual life may
[[Page 182]]
vary depending on its service application.'' The manufacturer may alter
this statement only to express the assigned alternative useful life in
terms other than years or miles (e.g., hours, or miles only).
(iii) One of the following statements, as applicable, in letters and
numerals not less than six thirty-seconds of an inch high and of a color
that contrasts with the background of the label:
(A) For all vehicles certified as non-catalyst-equipped: ``NON-
CATALYST'';
(B) For all vehicles certified as catalyst-equipped which are
included in a manufacturer's catalyst control program for which approval
has been given by the Administrator: ``CATALYST--APPROVED FOR IMPORT'';
(C) For all vehicles certified as catalyst-equipped which are not
included in a manufacturer's catalyst control program for which prior
approval has been given by the Administrator: ``CATALYST'';
(2) In lieu in of selecting either of the labeling options of
paragraph (c)(1) of this section, the manufacturer may add the
information required by paragraph (c)(1)(iii) of this section to the
labeling required by paragraph (a) of this section. The required
information will be set forth in the manner prescribed by paragraph
(c)(1)(iii) of this section.
(d) Incomplete light-duty trucks or incomplete heavy-duty vehicles
optionally certified as light-duty trucks shall have the following
prominent statement printed on the label required by paragraph (a)(2) of
this section in lieu of the statement required by paragraph
(a)(2)(iii)(E) of this section: ``This vehicle conforms to U.S. EPA
regulations applicable to 19-- Model Year New Light-Duty Trucks when
completed at a maximum curb weight of -- pounds or at a maximum gross
vehicle weight rating of -- pounds or with a maximum frontal area of --
square feet.''
(e) Incomplete heavy-duty vehicles having a gross vehicle weight
rating of 8,500 pounds or less shall have one of the following
statements printed on the label required by paragraph (a)(3) of this
section in lieu of the statement required by paragraph (a)(3)(iii)(H) of
this section: ``This engine conforms to U.S. EPA regulations applicable
to 19 -- Model Year New Heavy-Duty Engines when installed in a vehicle
completed at a curb weight of more than 6,000 pounds or with a frontal
area of greater than 45 square feet.''
(f) The manufacturer of any incomplete light-duty vehicle or light-
duty truck shall notify the purchaser of such vehicle of any curb
weight, frontal area, or gross vehicle weight rating limitations
affecting the emission certificate applicable to that vehicle. This
notification shall be transmitted in a manner consistent with National
Highway Traffic Safety Administration safety notification requirements
published in 49 CFR part 568.
(g)(1)(i) Incomplete gasoline-fueled heavy-duty vehicles shall have
the following prominent statement printed on the label required in
paragraph (a)(4) of this section: ``(Manufacturer's corporate name) has
determined that this vehicle conforms to U.S. EPA regulations applicable
to 19 -- Model Year New Gasoline-Fueled Heavy-Duty Vehicles when
completed with a nominal fuel tank capacity not to exceed -- gallons.
Persons wishing to add fuel tank capacity beyond the above maximum must
submit a written statement to the Administrator that the hydrocarbon
storage system has been upgraded according to the requirements of 40 CFR
86.091-35(g)(2).''
(ii) Incomplete methanol-fueled heavy-duty vehicles shall have the
following prominent statement printed on the label required in paragraph
(a)(4) of this section: ``(Manufacturer's corporate name) has determined
that this vehicle conforms to U.S. EPA regulations applicable to 19 --
Model Year New Methanol-Fueled Heavy-Duty Vehicles when completed with a
nominal fuel tank capacity not to exceed -- gallons. Persons wishing to
add fuel tank capacity beyond the above maximum must submit a written
statement to the Administrator that the hydrocarbon storage system has
been upgraded according to the requirements of 40 CFR 86.091-35(g)(2).''
(2) Persons wishing to add fuel tank capacity beyond the maximum
specified on the label required in paragraph (g)(1) of this section
shall:
(i) Increase the amount of fuel tank vapor storage material
according to the following function:
[[Page 183]]
[GRAPHIC] [TIFF OMITTED] TR06OC93.008
Where:
Capf = final amount of fuel tank vapor storage material,
grams.
Capi = initial amount of fuel tank vapor storage material,
grams.
T. Vol. = total fuel tank volume of completed vehicle, gallons.
Max. Vol. = maximum fuel tank volume as specified on the label required
in paragraph (g)(1) of this section, gallons.
(ii) Use, if applicable, hosing for fuel vapor routing which is at
least as impermeable to hydrocarbon vapors as that used by the primary
manufacturer.
(iii) Use vapor storage material with the same adsorptive
characteristics as that used by the primary manufacturer.
(iv) Connect, if applicable, any new hydrocarbon storage device to
the existing hydrocarbon storage device in series such that the original
hydrocarbon storage device is situated between the fuel tank and the new
hydrocarbon storage device. The original hydrocarbon storage device
shall be sealed such that vapors cannot reach the atmosphere. The
elevation of the original hydrocarbon storage device shall be equal to
or lower than the new hydrocarbon storage device.
(v) Submit a written statement to the Administrator that paragraphs
(g)(2)(i) through (g)(2)(iv) of this section have been complied with.
(3) If applicable, the Administrator will send a return letter
verifying the receipt of the written statement required in paragraph
(g)(2)(v) of this section.
(h)(1) Light-duty trucks and heavy-duty engines for which non con
form ance penalties are to be paid in ac cord ance with Sec. 86.1113-
87(b) shall have the follow ing in for ma tion printed on the label re
quired in para graph (a) of this section or on a separate permanent
legible label in the English language and located in proximity to the
label re quired in paragraph (a) of this section. The manufacturer shall
begin label ing pro duction engines or vehicles within 10 days after the
com ple tion of the PCA.
(i) The statement: ``The manufacturer of this engine/vehicle will
pay a penalty to be allowed to introduce it into commerce at an emission
level higher than the applicable emission standard. The compliance level
(or new emission standard) for this engine/vehicle is ----.'' (The
manufacturer shall insert the applicable pollutant and compliance level
calculated in accordance with Sec. 86.1112-87(a).)
(ii) [Reserved]
(2) If a manufacturer introduces an engine or vehicle into commerce
prior to the compliance level determination of Sec. 86.1112-87(a), it
shall provide the engine or vehicle owner with a label as described
above to be affixed in a location in proximity to the label required in
paragraph (a) of this section within 30 days of the completion of the
PCA.
(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)
[50 FR 10690, Mar. 15, 1985, as amended at 54 FR 14498, Apr. 11, 1989;
55 FR 30626, July 26, 1990; 55 FR 46628, Nov. 5, 1990]
Sec. 86.092-1 General applicability.
(a) The provisions of this subpart apply to 1992 and later model
year new Otto-cycle and diesel light-duty vehicles, 1992 and later model
year new Otto-cycle and diesel light-duty trucks, and 1992 and later
model year new Otto-cycle and diesel heavy-duty engines. The provisions
of this subpart are optional for vehicles fueled with either natural gas
or liquefied petroleum gas for the 1994 through 1996 model years. The
provisions of this subpart also apply to aftermarket conversions of all
model year Otto-cycle and diesel light-duty vehicles, Otto-cycle and
diesel light-duty trucks, and Otto-cycle and diesel heavy-duty engines
certified under the provisions of 40 CFR part 85, subpart F.
(b) Optional applicability. A manufacturer may request to certify
any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or
less in accordance with the light-duty truck provisions. Heavy-duty
engine or vehicle provisions do not apply to such a vehicle.
(c) [Reserved]
[[Page 184]]
(d) Alternative Durability Program. For 1992 and later model year
light-duty vehicles and light-duty trucks, a manufacturer may elect to
participate in the Alternative Durability Program. This optional program
provides an alternative method of determining exhaust emission control
system durability.
The general procedures and a description of the programs are
contained in Sec. 86.085-13 and specific provisions on test vehicles
and compliance procedures are contained in Sec. 86.092-24 and Sec.
86.091-28 respectively.
(e) Small volume manufacturers. Special certification procedures are
available for any manufacturer whose projected combined U.S. sales of
light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-
duty engines in its product line (including all vehicles and engines
imported under the provisions of 40 CFR 85.1505 and 40 CFR 85.1509) are
fewer than 10,000 units for the model year in which the manufacturer
seeks certification. To certify its product line under these optional
procedures, the small-volume manufacturer must first obtain the
Administrator's approval. The manufacturer must meet the eligibility
criteria specified in Sec. 86.092-14(b) before the Administrator's
approval will be granted. The small-volume manufacturer's certification
procedures are described in Sec. 86.092-14.
(f) Optional procedures for determining exhaust opacity. (1) The
provisions of subpart I apply to tests which are performed by the
Administrator, and optionally, by the manufacturer.
(2) Measurement procedures, other than that described in subpart I,
may be used by the manufacturer provided the manufacturer satisfies the
requirements of Sec. 86.091-23(f).
(3) When a manufacturer chooses to use an alternative measurement
procedure it has the responsibility to determine whether the results
obtained by the procedure will correlate with the results which would be
obtained from the measurement procedure in subpart I. Consequently, the
Administrator will not routinely approve or disapprove any alternative
opacity measurement procedure or any associated correlation data which
the manufacturer elects to use to satisfy the data requirements for
subpart I.
(4) If a confirmatory test(s) is performed and the results indicate
there is a systematic problem suggesting that the data generated under
an optional alternative measurement procedure do not adequately
correlate with subpart I data, EPA may require that all certificates of
conformity not already issued be based on data from subpart I
procedures.
[55 FR 7187, Feb. 28, 1990, as amended at 59 FR 48494, Sept. 21, 1994]
Sec. 86.092-2 Definitions.
The definitions of Sec. 86.091-2 remain effective. The definitions
listed in this section apply beginning with the 1992 model year.
(a) Proven emission control systems are emission control components
or systems (and fuel metering systems) that have completed full
durability testing evaluation over a vehicle's useful life in some other
certified engine family, or have completed bench or road testing
demonstrated to be equal or more severe than certification mileage
accumulation requirements. Alternatively, proven components or systems
are those that are determined by EPA to be of comparable functional
quality and manufactured using comparable materials and production
techniques as components or systems which have been durability
demonstrated in some other certified engine family. In addition, the
components or systems must be employed in an operating environment
(e.g., temperature, exhaust flow, etc.,) similar to that experienced by
the original or comparable components or systems in the original
certified engine family.
(b) Unproven emission control systems are emission control
components or systems (and fuel metering systems) that do not qualify as
proven emission control systems.
(c) Similar systems are engine, fuel metering and emission control
system combinations which use the same fuel (e.g., gasoline, diesel,
etc.), combustion cycle (i.e., two or four stroke), general type of fuel
system (i.e., carburetor or fuel injection), catalyst system (e.g.,
none, oxidization, three-way plus oxidization, three-way only, etc.),
fuel
[[Page 185]]
control system (i.e., feedback or non-feedback), secondary air system
(i.e., equipped or not equipped) and EGR (i.e., equipped or not
equipped).
(d) Conveniently available service facility and spare parts for
small-volume manufacturers means that the vehicle manufacturer has a
qualified service facility at or near the authorized point of sale or
delivery of its vehicles and maintains an inventory of all emission-
related spare parts or has made arrangements for the part manufacturers
to supply the parts by expedited shipment (e.g., utilizing overnight
express delivery service, UPS, etc.).
[55 FR 7187, Feb. 28, 1990]
Sec. 86.092-14 Small-volume manufacturers certification procedures.
(a) The small-volume manufacturers certification procedures
described in paragraphs (b) and (c) of this section are optional. Small-
volume manufacturers may use these optional procedures to demonstrate
compliance with the general standards and specific emission requirements
contained in this subpart.
(b)(1) The optional small-volume manufacturers certification
procedures apply to light-duty vehicles, light-duty trucks, heavy-duty
vehicles, and heavy-duty engines produced by manufacturers with U.S.
sales, including all vehicles and engines imported under the provisions
of 40 CFR 85.1505 and 40 CFR 85.1509 (for the model year in which
certification is sought) of fewer than 10,000 units (Light-Duty
Vehicles, Light-Duty Trucks, Heavy-Duty Vehicles and Heavy-Duty Engines
combined).
(2) For the purpose of determining the applicability of paragraph
(b)(1) of this section, the sales the Administrator shall use shall be
the aggregate of the projected or actual sales of those vehicles and/or
engines in any of the groupings identified below in this subparagraph.
(i) Vehicles and/or engines produced by two or more firms, one of
which is 10 percent or greater part owned by another;
(ii) Vehicles and/or engines produced by any two or more firms if a
third party has equity ownership of 10 percent or more in each of the
firms;
(iii) Vehicles and/or engines produced by two or more firms having a
common corporate officer(s) who is(are) responsible for the overall
direction of the companies;
(iv) Vehicles and/or engines imported or distributed by all firms
where the vehicles and/or engines are manufactured by the same entity
and the importer or distributer is an authorized agent of the entity.
(3) If the aggregated sales, as determined in paragraph (b)(2) of
this section are less than 301 units, the manufacturers in the
aggregated relationship may certify under the provisions in this section
that apply to manufacturers with sales of less than 301 units.
(4) If the aggregated sales, as determined in paragraph (b)(2) of
this section are greater than 300 but fewer than 10,000 units, the
manufacturers in the aggregated relationship may certify under the
provisions in this section that apply to manufacturers with sales from
and including 301 through 9,999 motor vehicles and motor vehicles
engines per year.
(5) If the aggregated sales, as determined in paragraph (b)(2) of
this section are equal to or greater than 10,000 units, then the
manufacturers involved in the aggregated relationship will be allowed to
certify a number of units under the small-volume engine family
certification procedures (40 CFR 86.092-24(e)) in accordance with the
criteria identified below in this subparagraph.
(i) If a manufacturer purchases less than 50 percent of another
manufacturer, each manufacturer retains its right to certify 9,999 units
using the small-volume engine family certification procedures.
(ii) If a manufacturer purchases 50 percent or more of another
manufacturer, the manufacturer with the over 50 percent interest must
share, with the manufacturer it purchased, its 9,999 units under the
small-volume engine family certification procedures.
(iii) In a joint venture arrangement (50/50 ownership) between two
manufacturers, each manufacturer retains its eligibility for 9,999 units
under the small-volume engine family certification procedures, but the
joint venture must draw its maximum 9,999
[[Page 186]]
units from the units allocated to its parent manufacturers.
(c) Small-volume manufacturers shall demonstrate compliance with the
applicable sections of this subpart. The appropriate model year of the
following applicable sections shall be determined in accordance with
Sec. 86.084-4:
(1) Sections 86.092-1, 86.092-2, 86.090-3, 86.084-4, 86.090-5,
86.078-6, 86.078-7, and 86.090-8 through 86.090-11 of this subpart are
applicable.
(2) Section 86.080-12 of this subpart is not applicable.
(3) Section 86.085-13, 86.092-14, 86.084-15, and 86.085-20 of this
subpart are applicable.
(4) Small-volume manufacturers shall include in their records all of
the information that EPA requires in Sec. 86.090-21 of this subpart.
This information will be considered part of the manufacturer's
application for certification. However, the manufacturer is not required
to submit the information to the Administrator unless the Administrator
requests it.
(5) Section 86.085-22 of this subpart is applicable except as noted
below.
(i) Small-volume light-duty vehicle and light-duty truck
manufacturers may satisfy the requirements of paragraph (e) of Sec.
86.085-22 by including a statement of compliance on adjustable
parameters in the application for certification. In the statement of
compliance the manufacturer shall state that the limits, stops, seals,
or other means used to inhibit adjustment have been designed to
accomplish their intended purpose based on good engineering practice and
past experience. If the vehicle parameter is adjustable the vehicle must
meet emission standards with the parameter set any place within the
adjustable range (Reference Sec. 86.090-21 of this subpart).
(6) Section 86.090-23 of this subpart is applicable.
(7) Section 86.092-24 of this subpart is applicable except as noted
below.
(i) Small-volume manufacturers may satisfy the requirements of
paragraph (b) and (c) of Sec. 86.092-24 of this subpart by:
(A) Emission-data--Selecting one emission-data test vehicle (engine)
per engine family by the worst-case emissions criteria as follows:
(1) Light-duty vehicles and light-duty trucks. The manufacturer
shall select the vehicle with the heaviest equivalent test weight
(including options) within the engine family. Then within that vehicle
the manufacturer shall select, in the order listed, the highest road
load power, largest displacement, the transmission with the highest
numerical final gear ratio (including overdrive), the highest numerical
axle ratio offered in the engine family, and the maximum fuel flow
calibration.
(2) Heavy-duty Otto-cycle engines. The manufacturer shall select one
emission-data engine first based on the largest displacement within the
engine family. Then within the largest displacement the manufacturer
shall select, in the order listed, highest fuel flow at the speed of
maximum rated torque, the engine with the most advanced spark timing, no
EGR or lowest EGR flow, and no air pump or lowest actual flow air pump.
(3) Heavy-duty diesel engines. The manufacturer shall select one
emission-data engine based on the highest fuel feed per stroke,
primarily at the speed of maximum rated torque and secondarily at rated
speed.
(B) Testing light-duty vehicles or light-duty truck emission-data
vehicles at any service accumulation distance of at least 2,000 miles
(3,219 kilometers) or, catalyst equipped heavy-duty emission-data
engines at any service accumulation time of at least 62 hours, or non-
catalyst equipped heavy-duty engine emission-data engines at any service
accumulation time determined by the manufacturer to result in stabilized
emissions. The emission performance of the emission-data vehicle or
engine must be stabilized prior to emission testing.
(C) Durability data--Satisfying the durability-data requirements by
complying with the applicable procedures below:
(1) Manufacturers with aggregated sales of less than 301 motor
vehicles and motor vehicle engines per year may use assigned
deterioration factors that the Administrator determines and prescribes.
The factors will be the Administrator's estimate, periodically updated
and published in an advisory letter or advisory circular, of the 70th
[[Page 187]]
percentile deterioration factors calculated using the industrywide data
base of previously completed durability-data vehicles or engines used
for certification. However, the manufacturer may, at its option,
accumulate miles (hours) on a durability-data vehicle (engine) and
complete emission tests for the purpose of establishing its own
deterioration factors.
(2) Manufacturers with aggregated sales from and including 301
through 9,999 motor vehicles and motor vehicle engines per year
certifying light-duty vehicle exhaust emissions from vehicles equipped
with proven emission control systems shall use assigned deterioration
factors that the manufacturer determines based on its good engineering
judgment. However, the manufacturer may not use deterioration factors
less than either the average or 70th percentile of all of that
manufacturer's deterioration factor data, whichever is less. These
minimum deterioration factors shall be calculated according to
procedures in paragraph (c)(7)(i)(C)(2)(i), of this section. If the
manufacturer does not have at least two data points to calculate these
manufacturer specific average deterioration factors, then the
deterioration factors shall be no less than the EPA supplied
industrywide deterioration factors. However, the manufacturer may, at
its option, accumulate miles on a durability-data vehicle and complete
emission tests for the purpose of establishing its own deterioration
factors.
(i) The manufacturer's minimum deterioration factors shall be
calculated using the deterioration factors from all engine families,
within the same vehicle/engine-fuel usage category (e.g., gasoline-
fueled light-duty vehicle, etc.) previously certified to the same
emission standards. The manufacturer shall use only deterioration
factors engine families previously certified by the manufacturer and the
deterioration factors shall not be included in the calculation more than
once. The deterioration factors for each pollutant shall be calculated
separately. The manufacturer may, at its option, limit the deterioration
factors used in the calculation of the manufacturer's minimum
deterioration factors to those from all similar systems to the system
being certified if sufficient data (i.e., from at least two certified
systems) exists. All data eligible to be grouped as similar system data
shall be used in calculating similar system deterioration factors. Any
deterioration factors used in calculating similar system deterioration
factors shall not be included in calculating the manufacturer's minimum
deterioration factors used to certify any of the manufacturer's
remaining vehicle systems.
(3) Manufacturers with aggregated sales from 301 through 9,999 motor
vehicles and motor vehicle engines and certifying light-duty vehicle
exhaust emissions from vehicles equipped with unproven emission control
systems shall use deterioration factors that the manufacturer determines
from official certification durability data generated by vehicles from
engine families representing a minimum of 25 percent of the
manufacturer's sales equipped with unproven emission control systems.
The sales projections are to be based on total sales projected for each
engine/system combination. The durability-data vehicle (engine) mileage
accumulation and emission tests are to be conducted according Sec.
86.092-26 of this subpart. The manufacturer must develop deterioration
factors by generating durability data in accordance with Sec. 86.092-26
of this subpart on a minimum of 25 percent of the manufacturer's
projected sales (by engine/system combination) that is equipped with
unproven emission control systems. The manufacturer must complete the 25
percent durability requirement before the remainder of the
manufacturer's sales equipped with unproven emission control systems is
certified using manufacturer-determined assigned deterioration factors.
Alternatively, any of these manufacturers may, at their option,
accumulate miles on durability-data vehicles and complete emission tests
for the purpose of establishing their own deterioration factors on the
remaining sales.
(4) For light-duty vehicle, light-duty truck, and heavy-duty vehicle
evaporative emissions and light-duty truck,
[[Page 188]]
and heavy-duty engine exhaust emissions, deterioration factors shall be
determined in accordance with Sec. 86.092-24 of this subpart.
(ii) Paragraphs (d) and (e) of Sec. 86.092-24 of this subpart are
not applicable.
(8) Section 86.090-25 of this subpart is applicable to maintenance
performed on durability-data light-duty vehicles, light-duty trucks,
heavy-duty vehicles, and heavy-duty engines when the manufacturer
completes durability-data vehicles or engines; section 86.087-38 of this
subpart is applicable to the recommended maintenance the manufacturer
includes in the maintenance instructions furnished the purchasers of new
motor vehicles and new motor vehicle engines under Sec. 86.087-38 of
this subpart.
(9)(i) Section 86.092-26 of this subpart is applicable if the
manufacturer completes durability-data vehicles or engines.
(ii) Section 86.085-27 of this subpart is applicable.
(10) Sections 86.090-28 and 86.090-29 of this subpart are
applicable.
(11)(i) Section 86.090-30 of this subpart is applicable, except for
paragraph (a)(2) and (b) of that section. In the place of these
paragraphs, small-volume manufacturer shall comply with paragraphs
(c)(11)(ii) through (v) of this section, as shown below.
(ii) Small-volume manufacturers shall submit an application for
certification containing the following:
(A) The names, addresses, and telephone numbers of the persons the
manufacturer authorizes to communicate with us.
(B) A brief description of the vehicles (or engines) covered by the
certificate (the manufacturers' sales data book or advertising,
including specifications, may satisfy this requirement for most
manufacturers). The description shall include, as a minimum, the
following items as applicable:
(1) Engine evaporative family names and vehicle (or engine)
configurations.
(2) Vehicle carlines or engine models to be listed on the
certificate of conformity.
(3) The test weight and horsepower setting for each vehicle or
engine configuration.
(4) Projected sales.
(5) Combustion cycle.
(6) Cooling mechanism.
(7) Number of cylinders.
(8) Displacement.
(9) Fuel system type.
(10) Number of catalytic converters, type, volume, composition,
surface area, and total precious metal loading.
(11) Method of air aspiration.
(12) Thermal reactor characteristics.
(13) Suppliers' and/or manufacturers' name and model number of any
emission related items of the above, if purchased from a supplier who
uses the items in its own certified vehicles(s) or engine(s).
(14) A list of emission component part numbers.
(15) Drawings, calibration curves, and descriptions of emission
related components, including those components regulated under paragraph
(e) of Sec. 86.085-22 of this subpart, and schematics of hoses and
other devices connecting these components.
(16) Vehicle adjustments or modifications necessary for light-duty
trucks to assure that they conform to high-altitude standards.
(17) A description of the light-duty vehicles and light-duty trucks
which are exempted from the high-altitude emission standards.
(18) Proof that the manufacturer has obtained or entered an
agreement to purchase, when applicable, the insurance policy, required
by Sec. 85.1510(b). The manufacturer may submit a copy of the insurance
policy or purchase agreement as proof that the manufacturer has obtained
or entered an agreement to purchase the insurance policy.
(C) The results of all emission tests the manufacturer performs to
demonstrate compliance with the applicable standards.
(D)(1) The following statement signed by the authorized
representative of the manufacturer: ``The vehicles (or engines)
described herein have been tested in accordance with (list of the
applicable subparts A, B, D, I, M, N, or P) of part 86, title 40, United
States Code of Federal Regulations, and on the basis of those tests are
in conformance with that subpart. All of the data and records required
by that subpart are on file and are available for inspection by the EPA
Administrator. We project the
[[Page 189]]
total U.S. sales of vehicles (engines) subject to this subpart
(including all vehicles and engines imported under the provisions of 40
CFR 85.1505 and 40 CFR 85.1509 to be fewer than 10,000 units.''
(2) A statement as required by and contained in paragraph (c)(5) of
this section signed by the authorized representative of the
manufacturer.
(3) A statement that the vehicles or engines described in the
manufacturer's application for certification are not equipped with
auxiliary emission control devices which can be classified as a defeat
device as defined in Sec. 86.092-2 of this subpart.
(4) A statement of compliance with section 206(a)(3) of the Clean
Air Act.
(5) A statement that, based on the manufacturer's engineering
evaluation and/or emission testing, the light-duty vehicles comply with
emission standards at high altitude unless exempt under paragraph (h) of
Sec. 86.090-8 of this subpart.
(6) A statement that, based on the manufacturer's engineering
evaluation and/or emission testing, the light-duty trucks sold for
principle use at designated high-altitude locations comply with the
high-altitude emission requirements and that all other light-duty trucks
are at least capable of being modified to meet high-altitude standards
unless exempt under paragraph (g)(2) of Sec. 86.090-9 of this subpart.
(7) A statement affirming that the manufacturer will provide a list
of emission and emission-related service parts, including part number
designations and sources of parts, to the vehicle purchaser for all
emission and emission-related parts which might affect vehicle emission
performance throughout the useful life of the vehicle. Secondly, it must
state that qualified service facilities and emission-related repair
parts will be conveniently available to serve its vehicles. In addition,
if service facilities are not available at the point of sale or
distribution, the manufacturer must indicate that the vehicle purchaser
will be provided information identifying the closest authorized service
facility to the point of sale, if in the United States, or the closest
authorized service facility to the point of distribution to the ultimate
purchaser if the vehicle was purchased outside of the United States by
the ultimate purchaser. Such information should also be made available
to the Administrator upon request.
(E) Manufacturers utilizing deterioration factors determined by the
manufacturer based on its good engineering judgment (re: paragraph
(c)(7)(i)(C)(2) of this section) shall provide a description of the
method(s) used by the manufacturer to determine the deterioration
factors.
(iii) If the manufacturer meets requirements of this subpart, the
Administrator will issue a certificate of conformity for the vehicles or
engines described in the application for certification.
(iv) The certificate will be issued for such a period not to exceed
one model year as the Administrator may determine and upon such terms as
he may deem necessary to assure that any vehicle or engine covered by
the certificate will meet the requirements of the Act and of this
subpart.
(v)(A) If, after a review of the statements and descriptions
submitted by the manufacturer, the Administrator determines that the
manufacturer has not met the applicable requirements, the Administrator
shall notify the manufacturer in writing of his intention to deny
certification, setting forth the basis for his determination. The
manufacturer may request a hearing on the Administrator's determination.
(B) If the manufacturer does not request a hearing or present the
required information the Administrator will deny certification.
(12) Sections 86.079-31 and 86.079-32 of this subpart are not
applicable.
(13) Under Sec. 86.079-33 of this subpart, small-volume
manufacturers are covered by the following.
(i) Small-volume manufacturers may make production changes (running
changes) without receiving the Administrator's prior approval. The
manufacturer shall assure (by conducting emission tests as it deems
necessary) that the affected vehicles (engines) remain in compliance
with the requirements of this part.
(ii) The manufacturer shall notify the Administrator within seven
days
[[Page 190]]
after implementing any production related change (running change) that
would affect vehicle emissions. This notification shall include any
changes to the information required under paragraph (c)(11)(ii) of this
section. The manufacturer shall also amend as necessary its records
required under paragraph (c)(4) of this section to confirm with the
production design change.
(14) Section 86.082-34 of this subpart is not applicable.
(15) Sections 86.092-35, 86.079-36, 86.082-37, 86.087-38 and 86.084-
39 of this subpart are applicable.
[55 FR 7187, Feb. 28, 1990]
Sec. 86.092-15 NOX and particulate averaging, trading, and
banking for heavy-duty engines.
(a)(1) Heavy-duty engines eligible for the NOX and
particulate averaging, trading, and banking programs are described in
the applicable emission standards sections in this subpart.
Participation in these programs is voluntary.
(2)(i) Engine families with FELs exceeding the applicable standard
shall obtain emission credits in a mass amount sufficient to address the
shortfall. Credits may be obtained from averaging, trading, or banking,
within the averaging set restrictions described in this section.
(ii) Engine families with FELs below the applicable standard will
have emission credits available to average, trade, bank or a combination
thereof. Credits may not be used to offset emissions that exceed an FEL.
Credits may not be used to remedy an in-use nonconformity determined by
a Selective Enforcement Audit or by recall testing. However, credits may
be used to allow subsequent production of engines for the family in
question if the manufacturer elects to recertify to a higher FEL.
(iii) Credits scheduled to expire in the earliest model year shall
be used, prior to using other available credits, to offset emissions of
engine families with FELS exceeding the applicable standard.
(b) Participation in the NOX and/or particulate
averaging, trading, and banking programs shall be done as follows. (1)
During certification, the manufacturer shall:
(i) Declare its intent to include specific engine families in the
averaging, trading and/or banking programs. Separate declarations are
required for each program and for each pollutant (i.e., NOX
and particulate).
(ii) Declare an FEL for each engine family participating in one or
more of these three programs.
(A) The FEL must be to the same level of significant digits as the
emission standard (one-tenth of a gram per brake horsepower for
NOX emissions and one-hundredth of a gram per brake
horsepower-hour for particulate emissions).
(B) In no case may the FEL exceed the upper limit prescribed in the
section concerning the applicable heavy-duty engine NOX and
particulate emission standards.
(iii) Calculate the projected emission credits (+/-) based on
quarterly production projections for each participating family and for
each pollutant (NOX and particulate), using the equation in
paragraph (c) of this section and the applicable factors for the
specific engine family.
(iv)(A) Determine and state the source of the needed credits
according to quarterly projected production for engine families
requiring credits for certification.
(B) State where the quarterly projected credits will be applied for
engine families generating credits.
(C) Credits may be obtained from or applied to only engine families
within the same averaging set as described in paragraphs (d) and (e) of
this section. Credits available for averaging, trading, or banking as
defined in Sec. 86.090-2, may be applied to a given engine famil(y)
(ies), or reserved as defined in Sec. 86.091-2.
(2) Based on this information each manufacturer's certification
application must demonstrate:
(i) That at the end of model year production, each engine family has
a net emissions credit balance of zero or more using the methodology in
paragraph (c) of this section with any credits obtained from averaging,
trading or banking.
[[Page 191]]
(ii) The source of the credits to be used to comply with the
emission standard if the FEL exceeds the standard, or where credits will
be applied if the FEL is less than the emission standard. In cases where
credits are being obtained, each engine family involved must state
specifically the source (manufacturer/engine family) of the credits
being used. In cases where credits are being generated/supplied, each
engine family involved must state specifically the designated use
(manufacturer/engine family or reserved) of the credits involved. All
such reports shall include all credits involved in averaging, trading or
banking.
(3) During the model year manufacturers must:
(i) Monitor projected versus actual production to be certain that
compliance with the emission standards is achieved at the end of the
model year.
(ii) Provide the end of-model year reports required under Sec.
86.091-23.
(iii) Maintain the quarterly records required under Sec. 86.091-
7(c)(8).
(4) Projected credits based on information supplied in the
certification application may be used to obtain a certificate of
conformity. However, any such credits may be revoked based on review of
end-of-model year reports, follow-up audits, and any other verification
steps deemed appropriate by the Administrator.
(5) Compliance under averaging, banking, and trading will be
determined at the end of the model year. Engine families without an
adequate amount of actual NOX and/or particulate emission
credits will violate the conditions of the certificate of conformity.
The certificates of conformity may be voided ab initio for those engine
families.
(6) If EPA or the manufacturer determines that a reporting error
occurred on an end-of-year report previously submitted to EPA under this
section, the manufacturer's credits and credit calculations will be
recalculated. Erroneous positive credits will be void. Erroneous
negative credit balances may be adjusted by EPA.
(i) If EPA review of a manufacturer's end-of-year report indicates
an inadvertent credit shortfall, the manufacturer will be permitted to
purchase the necessary credits to bring the credit balance for that
engine family to zero, at the ratio of 1.2 credits purchased for every
credit needed to bring the balance to zero. If sufficient credits are
not available to bring the credit balance for the engine family in
question to zero, EPA may void the certificate for that engine family ab
initio.
(ii) If within 180 days of receipt of the manufacturer's end-of-year
report, EPA review determines a reporting error in the manufacturer's
favor (i.e., resulting in a positive credit balance) or if the
manufacturer discovers such an error within 180 days of EPA receipt of
the end-of-year report, the credits will be restored for use by the
manufacturer. For the 1992 model year, corrections to the end-of-year
reports may be submitted until May 9, 1994.
(c)(1) For each participating engine family, NOX and
particulate emission credits (positive or negative) are to be calculated
according to one of the following equations and rounded, in accordance
with ASTM E29-67, to the nearest one-tenth of a Megagram (Mg).
Consistent units are to be used throughout the equation.
For determining credit need for all engine families and credit
availability for engine families generating credits for averaging
programs only:
Emission credits = (StdFEL) x (CF) x (UL) x (Production) x (106)
For determining credit availability for engine families generating
credits for trading or banking programs:
Emission credits = (StdFEL) x (CF) x (UL) x (Production) x (106) x (0.8)
Where:
Std=the current and applicable heavy-duty engine NOX or
particulate emission standard in grams per brake horsepower hour or
grams per Megajoule.
FEL=the NOX or particulate family emission limit for the
engine family in grams per brake horsepower-hour or grams per Megajoule.
CF=a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given
in paragraph (c)(2) of this section.
UL=the useful life, or alternative life as described in paragraph (f) of
Sec. 86.090-21, for the given engine family in miles.
[[Page 192]]
Production=the number of engines produced for U.S. sales within the
given engine family during the model year. Quarterly production
projections are used for initial certification. Actual production is
used for end-of-year compliance determination.
0.8=a one-time discount applied to all credits to be banked or traded
within the model year generated. Banked credits traded in a subsequent
model year will not be subject to an additional discount. Banked credits
used in a subsequent model year's averaging program will not have the
discount restored.
(2) The transient cycle conversion factor is the total (integrated)
cycle brake horsepower-hour or Megajoules, divided by the equivalent
mileage of the applicable transient cycle. For Otto-cycle heavy-duty
engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty
engines, the equivalent mileage is 6.5 miles. When more than one
configuration is chosen by EPA to be tested in the certification of an
engine family (as described in Sec. 86.085-24), the conversion factor
used is to be based upon the configuration generating the highest
conversion factor when determining credit need and the lowest conversion
factor when determining credit availability for banking, trading or
averaging.
(d) Averaging sets for NOX emission credits: The
averaging and trading of NOX emission credits will only be
allowed between heavy-duty engine families in the same averaging set and
in the same regional category. Engines produced for sale in California
constitute a separate regional category than engines produced for sale
in the other 49 states. Banking and trading are not applicable to
engines sold in California. The averaging sets for the averaging and
trading of NOX emission credits for heavy-duty engines are
defined as follows:
(1) For Otto-cycle heavy-duty engines:
(i) Otto-cycle heavy-duty engines constitute an averaging set.
Averaging and trading among all Otto-cycle heavy-duty engine families is
allowed. There are no subclass restrictions.
(ii) Gasoline-fueled heavy-duty vehicles certified under the
provisions of Sec. 86.085-1(b) may not average or trade credits with
gasoline-fueled heavy-duty Otto-cycle engines, but may average or trade
credits with light-duty trucks.
(2) For diesel cycle heavy-duty engines:
(i) Each of the three primary intended service classes for heavy-
duty diesel engines, as defined in Sec. 86.090-2, constitute an
averaging set. Averaging and trading among all diesel cycle engine
families within the same primary service class is allowed.
(ii) Urban buses are treated as members of the primary intended
service class where they would otherwise fall.
(e) Averaging sets for particulate emission credits. The averaging
and trading of particulate emission credits will only be allowed between
diesel cycle heavy-duty engine families in the same averaging set and in
the same regional category. Engines produced for sale in California
constitute a separate regional category than engines produced for sale
in the other 49 states. Banking and trading are not applicable to
engines sold in California. The averaging sets for the averaging and
trading of particulate emission credits for diesel cycle heavy-duty
engines are defined as follows:
(1) Engines intended for use in urban buses constitute a separate
averaging set from all other heavy-duty engines. Averaging and trading
among all diesel cycle bus engine families is allowed.
(2) For heavy-duty engines, exclusive of urban bus engines, each of
the three primary intended service classes for heavy-duty diesel cycle
engines, as defined in Sec. 86.090-2, constitute an averaging set.
Averaging and trading between diesel cycle engine families within the
same primary service class is allowed.
(3) Otto-cycle engines may not participate in particulate averaging,
trading, or banking.
(f) Banking of NOX and particulate emission credits:
(1) Credit deposits. (i) Under this phase of the banking program,
emission credits may be banked from engine families produced during the
three model years prior to the effective model year of the new HDE
NOX or particulate emission standard. Credits may not be
banked from engine families made during any other model years.
[[Page 193]]
(ii) Manufacturers may bank credits only after the end of the model
year and after EPA has reviewed their end-of-year report. During the
model year and before submittal of the end-of-year report, credits
originally designated in the certification process for banking will be
considered reserved and may be redesignated for trading or averaging.
(2) Credit withdrawals. (i) After being generated, banked/reserved
credits shall be available for use three model years prior to, through
three model years immediately after the effective date of the new HDE
NOX or particulate emission standard, as applicable. However,
credits not used within the period specified above shall be forfeited.
(ii) Manufacturers withdrawing banked emission credits shall
indicate so during certification and in their credit reports, as
described in Sec. 86.091-23.
(3) Use of banked emission credits. The use of banked credits shall
be within the averaging set and other restrictions described in
paragraphs (d) and (e) of this section, and only for the following
purposes:
(i) Banked credits may be used in averaging, trading, or in any
combination thereof, during the certification period. Credits declared
for banking from the previous model year but unreviewed by EPA may also
be used. However, they may be revoked at a later time following EPA
review of the end-of-year report or any subsequent audit actions.
(ii) Banked credits may not be used for NOX or
particulate averaging and trading to offset emissions that exceed an
FEL. Banked credits may not be used to remedy an in-use nonconformity
determined by a Selective Enforcement Audit or by recall testing.
However, banked credits may be used for subsequent production of the
engine family if the manufacturer elects to recertify to a higher FEL.
(g)(1) For purposes of this paragraph (g), assume NOX and
particulate nonconformance penalties (NCPs) will be available for the
1991 and later model year HDEs.
(2) Engine families paying an NCP for noncompliance of any emission
standard may not:
(i) Participate in the averaging program,
(ii) Generate emission credits for any pollutant under banking and
trading, and
(iii) Use emission credits for any pollutant from banking and
trading.
(3) If a manufacturer has any engine family to which application of
NCPs and averaging, banking, and trading credits is desired, that family
must be separated into two distinct families. One family, whose FEL
equals the standard, must use NCPs only, while the other, whose FEL does
not equal the standard, must use emission credits only.
(4) If a manufacturer has any engine family in a given averaging set
which is using NOX and/or particulate NCPs, none of that
manufacturer's engine families in that averaging set may generate
credits for banking and trading.
(h) In the event of a negative credit balance in a trading
situation, both the buyer and the seller would be liable.
(i) Certification fuel used for credit generation must be of a type
that is both available in use and expected to be used by the engine
purchaser. Therefore, upon request by the Administrator, the engine
manufacturer must provide information acceptable to the Administrator
that the designated fuel is readily available commercially and would be
used in customer service.
[59 FR 14106, Mar. 25, 1994]
Sec. 86.092-23 Required data.
(a) The manufacturer shall perform the tests required by the
applicable test procedures, and submit to the Administrator the
following information: Provided, however, That if requested by the
manufacturer, the Administrator may waive any requirement of this
section for testing of vehicle (or engine) for which emission data are
available or will be made available under the provisions of Sec.
86.091-29.
(b)(1)(i) Exhaust emission durability data on such light-duty
vehicles tested in accordance with applicable test procedures and in
such numbers as specified, which will show the performance of the
systems installed on or incorporated in the vehicle for extended
[[Page 194]]
mileage, as well as a record of all pertinent maintenance performed on
the test vehicles.
(ii) Exhaust emission deterioration factors for light-duty trucks
and heavy-duty engines, and all test data that are derived from the
testing described under Sec. 86.091-21(b)(4)(iii)(A), as well as a
record of all pertinent maintenance. Such testing shall be designed and
conducted in accordance with good engineering practice to assure that
the engines covered by a certificate issued under Sec. 86.091-30 will
meet the emission standards (or family emission limits, as appropriate)
in Sec. 86.091-9, Sec. 86.091-10, or Sec. 86.091-11 as appropriate,
in actual use for the useful life of the engine.
(2) For light-duty vehicles and light-duty trucks, evaporative
emission deterioration factors for each evaporative emission family-
evaporative emission control system combination and all test data that
are derived from testing described under Sec. 86.091-21(b)(4)(i)
designed and conducted in accordance with good engineering practice to
assure that the vehicles covered by a certificate issued under Sec.
86.091-30 will meet the evaporative emission standards in Sec. 86.091-8
or Sec. 86.091-9, as appropriate, for the useful life of the vehicle.
(3) For heavy-duty vehicles equipped with gasoline-fueled or
methanol-fueled engines, evaporative emission deterioration factors for
each evaporative emission family-evaporative emission control system
combination identified in accordance with Sec. 86.091-21(b)(4)(ii).
Furthermore, a statement that the test procedure(s) used to derive the
deterioration factors includes, but need not be limited to, a
consideration of the ambient effects of ozone and temperature
fluctuations, and the service accumulation effects of vibration, time,
and vapor saturation and purge cycling. The deterioration factor test
procedure shall be designed and conducted in accordance with good
engineering practice to assure that the vehicles covered by a
certificate issued under Sec. 86.091-30 will meet the evaporative
emission standards in Sec. 86.091-10 and Sec. 86.091-11 in actual use
for the useful life of the engine. Furthermore, a statement that a
description of the test procedure, as well as all data, analyses and
evaluations, is available to the Administrator upon request.
(4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of
up to 26,000 lbs and equipped with gasoline-fueled or methanol-fueled
engines, a written statement to the Administrator certifying that the
manufacturer's vehicles meet the standards of Sec. 86.091-10 or Sec.
86.091-11 (as applicable) as determined by the provisions of Sec.
86.091-28. Furthermore, a written statement to the Administrator that
all data, analyses, test procedures, evaluations, and other documents,
on which the above statement is based, are available to the
Administrator upon request.
(ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of
greater than 26,000 lbs and equipped with gasoline-fueled or methanol-
fueled engines, a written statement to the Administrator certifying that
the manufacturer's evaporative emission control systems are designed,
using good engineering practice, to meet the standards of Sec. 86.091-
10 or Sec. 86.091-11 (as applicable) as determined by the provisions of
Sec. 86.091-28. Furthermore, a written statement to the Administrator
that all data, analyses, test procedures, evaluations, and other
documents, on which the above statement is based, are available to the
Administrator upon request.
(c) Emission data. (1) Emission data, including in the case of
methanol fuel, methanol, formaldehyde and total hydrocarbon equivalent
on such vehicles tested in accordance with applicable test procedures
and in such numbers as specified. These data shall include zero-mile
data, if generated and emission data generated for certification as
required under Sec. 86.090-26(a)(3)(i) or Sec. 86.090-26(a)(3)(ii). In
lieu of providing emission data on idle CO emissions, smoke emissions or
particulate emissions from methanol-fueled diesel certification vehicles
the Administrator may, on request of the manufacturer, allow the
manufacturer to demonstrate (on the basis of previous emission tests,
development tests, or other information) that the engine will conform
with the applicable emission standards of Sec. 86.090-8 or Sec.
86.090-9.
[[Page 195]]
(2) Certification engines. Emission data on such engines tested in
accordance with applicable emission test procedures of this subpart and
in such numbers as specified. These data shall include zero-hour data,
if generated, and emission data generated for certification as required
under Sec. 86.090-26(c)(4). In lieu of providing emission data on idle
CO emissions or particulate emissions from methanol-fueled diesel
certification engines, or on CO emissions from petroleum-fueled or
methanol-fueled diesel certification engines the Administrator may, on
request of the manufacturer, allow the manufacturer to demonstrate (on
the basis of previous emission tests, development tests, or other
information) that the engine will conform with the applicable emission
standards of Sec. 86.091-11.
(d) A statement that the vehicles (or engines) for which
certification is requested conform to the requirements in Sec. 86.084-
5(b), and that the descriptions of tests performed to ascertain
compliance with the general standards in Sec. 86.084-5(b), and the data
derived from such tests, are available to the Administrator upon
request.
(e)(1) A statement that the test vehicles (or test engines) with
respect to which data are submitted to demonstrate compliance with the
applicable standards (or family emission limits, as appropriate) of this
subpart are in all material respects as described in the manufacturer's
application for certification, have been tested in accordance with the
applicable test procedures utilizing the fuels and equipment described
in the application for certification and that on the basis of such tests
the vehicles (or engines) conform to the requirements of this part. If
such statements cannot be made with respect to any vehicle (or engine)
tested, the vehicle (or engine) shall be identified, and all pertinent
data relating thereto shall be supplied to the Administrator. If, on the
basis of the data supplied and any additional data as required by the
Administrator, the Administrator determines that the test vehicles (or
test engine) was not as described in the application for certification
or was not tested in accordance with the applicable test procedures
utilizing the fuels and equipment as described in the application for
certification, the Administrator may make the determination that the
vehicle (or engine) does not meet the applicable standards (or family
emission limits, as appropriate). The provisions of Sec. 86.091-30(b)
shall then be followed.
(2) For evaporative emission durability, or light-duty truck or
heavy-duty engine exhaust emission durability, a statement of compliance
with paragraph (b)(1)(ii), (b)(2), or (b)(3) of this section, as
applicable.
(f) Additionally, manufacturers participating in the particulate
averaging program for diesel light-duty vehicles and diesel light-duty
trucks shall submit:
(1) In the application for certification, a statement that the
vehicles for which certification is requested will not, to the best of
the manufacturer's belief, when included in the manufacturer's
production-weighted average emission level, cause the applicable
particulate standard(s) to be exceeded.
(2) No longer than 90 days after the end of a given model year of
production of engine families included in one of the diesel particulate
averaging programs, the number of vehicles produced in each engine
family at each certified particulate FEL, along with the resulting
production-weighted average particulate emission level.
(g) Additionally, manufacturers participating in the NOX
averaging program for light-duty trucks shall submit:
(1) In the application for certification, a statement that the
vehicles for which certification is required will not, to the best of
the manufacturer's belief, when included in the manufacturer's
production-weighted average emission level, cause the applicable
NOX standard(s) to be exceeded.
(2) No longer than 90 days after the end of a given model year of
production of engine families included in the NOX averaging
program, the number of vehicles produced in each engine family at each
certified NOX emission level.
(h) Additionally, manufacturers participating in any of the
NOX and/or particulate averaging, trading, or banking
programs for heavy-duty engines shall submit for each participating
family:
[[Page 196]]
(1) In the application for certification:
(i) A statement that the engines for which certification is
requested will not, to the best of the manufacturer's belief, when
included in any of the averaging, trading, or banking programs cause the
applicable NOX or particulate standard(s) to be exceeded.
(ii) The type (NOX or particulate) and the projected
number of credits generated/needed for this family, the applicable
averaging set, the projected U.S. (49-state) production volumes, by
quarter, NCPs in use on a similar family and the values required to
calculate credits as given in Sec. 86.091-15. Manufacturers shall also
submit how and where credit surpluses are to be dispersed and how and
through what means credit deficits are to be met, as explained in Sec.
86.091-15. The application must project that each engine family will be
in compliance with the applicable NOX and/or particulate
emission standards based on the engine mass emissions, and credits from
averaging, trading and banking.
(2) End-of-year reports for each engine family participating in any
of the averaging, trading, or banking programs.
(i) These reports shall be submitted within 90 days of the end of
the model year to: Director, Manufacturers Operations Division (EN-
6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
(ii) These reports shall indicate the engine family, the averaging
set, the actual U.S. (49-state) production volume, the values required
to calculate credits as given in Sec. 86.091-15, the resulting type
(NOX or particulate) and number of credits generated/
required, and the NCPs in use on a similar NCP family. Manufacturers
shall also submit how and where credit surpluses were dispersed (or are
to be banked) and how and through what means credit deficits were met.
Copies of contracts related to credit trading must also be included or
supplied by the broker if applicable. The report shall also include a
calculation of credit balances to show that net mass emissions balances
are within those allowed by the emission standards (equal to or greater
than a zero credit balance). The credit discount factor described in
Sec. 86.091-15 must be included as required.
(iii) The 49-state production counts for end-of-year reports shall
be based on the location of the first point of retail sale (e.g.,
customer, dealer, secondary manufacturer) by the manufacturer.
(iv) Errors discovered by EPA or the manufacturer in the end-of-year
report, including changes in the 49 state production counts, may be
corrected up to 180 days subsequent to submission of the end-of-year
report. Errors discovered by EPA after 180 days shall be corrected if
credits are reduced. Errors in the manufacturer's favor will not be
corrected if discovered after the 180 day correction period allowed.
(i) Failure by a manufacturer participating in the averaging,
trading, or banking programs to submit any quarterly or end-of-year
report (as applicable) in the specified time for all vehicles and
engines that are part of an averaging set is a violation of section
203(a)(1) of the Clean Air Act for each such vehicle and engine.
(j) Failure by a manufacturer generating credits for deposit only in
either the HDE NOX or particulate banking programs to submit
their end-of-year reports in the applicable specified time period (i.e.,
90 days after the end of the model year) shall result in the credits not
being available for use until such reports are received and reviewed by
EPA. Use of projected credits pending EPA review will not be permitted
in these circumstances.
(k) Engine families certified using NCPs are not required to meet
the requirements outlined above.
[59 FR 14108, Mar. 25, 1994]
Sec. 86.092-24 Test vehicles and engines.
(a)(1) The vehicles or engines covered by an application for
certification will be divided into groupings of engines which are
expected to have similar emission characteristics throughout their
useful life. Each group of engines with similar emission characteristics
shall be defined as a separate engine family.
(2) To be classed in the same engine family, engines must be
identical in all the following respects:
[[Page 197]]
(i) The cylinder bore center-to-center dimensions.
(ii)-(iii) [Reserved]
(iv) The cylinder block configuration (air cooled or water cooled;
L-6, 90[deg] V-8, etc.).
(v) The location of the intake and exhaust valves (or ports).
(vi) The method of air aspiration.
(vii) The combustion cycle.
(viii) Catalytic converter characteristics.
(ix) Thermal reactor characteristics.
(x) Type of air inlet cooler (e.g., intercoolers and after-coolers)
for diesel heavy-duty engines.
(3)(i) Engines identical in all the respects listed in paragraph
(a)(2) of this section may be further divided into different engine
families if the Administrator determines that they may be expected to
have different emission characteristics. This determination will be
based upon a consideration of the following features of each engine:
(A) The bore and stroke.
(B) The surface-to-volume ratio of the nominally dimensioned
cylinder at the top dead center positions.
(C) The intake manifold induction port size and configuration.
(D) The exhaust manifold port size and configuration.
(E) The intake and exhaust valve sizes.
(F) The fuel system.
(G) The camshaft timing and ignition or injection timing
characteristics.
(ii) Light-duty trucks and heavy-duty engines produced in different
model years and distinguishable in the respects listed in paragraph
(a)(2) of this section shall be treated as belonging to a single engine
family if the Administrator requires it, after determining that the
engines may be expected to have similar emission deterioration
characteristics.
(4) Where engines are of a type which cannot be divided into engine
families based upon the criteria listed in paragraphs (a)(2) and (a)(3)
of this section, the Administrator will establish families for those
engines based upon those features most related to their emission
characteristics. Engines that are eligible to be included in the same
engine family based on the criteria in paragraphs (a)(2) and (a)(3)(i)
of this section may be further divided into different engine families if
the manufacturer determines that they may be expected to have different
emission characteristics. This determination will be based upon a
consideration of the following features of each engine:
(i) The dimension from the center line of the crankshaft to the
center line of the camshaft.
(ii) The dimension from the center line of the crankshaft to the top
of the cylinder block head face.
(iii) The size of the intake and exhaust valves (or ports).
(5) The gasoline-fueled and methanol-fueled light-duty vehicles and
light-duty trucks covered by an application for certification will be
divided into groupings which are expected to have similar evaporative
emission characteristics throughout their useful life. Each group of
vehicles with similar evaporative emission characteristics shall be
defined as a separate evaporative emission family.
(6) For gasoline-fueled or methanol-fueled light-duty vehicles and
light-duty trucks to be classed in the same evaporative emission family,
vehicles must be similar with respect to:
(i) Type of vapor storage device (e.g., canister, air cleaner,
crankcase).
(ii) Basic canister design.
(iii) Fuel system.
(7) Where vehicles are of a type which cannot be divided into
evaporative emission families based on the criteria listed above, the
Administrator will establish families for those vehicles based upon the
features most related to their evaporative emission characteristics.
(8)(i) If the manufacturer elects to participate in the Alternative
Durability Program, the engine families covered by an application for
certification shall be grouped based upon similar engine design and
emission control system characteristics. Each of these groups shall
constitute a separate engine family group.
(ii) To be classed in the same engine family group, engine families
must contain engines identical in all of the following respects:
(A) The combustion cycle.
[[Page 198]]
(B) The cylinder block configuration (air-cooled or water-cooled; L-
6, V-8, rotary, etc.).
(C) Displacement (engines of different displacement within 50 cubic
inches or 15 percent of the largest displacement and contained within a
multi-displacement engine family will be included in the same engine
family group).
(D) Catalytic converter usage and basic type (non-catalyst,
oxidation catalyst only, three-way catalyst equipped).
(9) Engine families identical in all respects listed in paragraph
(a)(8) of this section may be further divided into different engine
family groups if the Administrator determines that they are expected to
have significantly different exhaust emission control system
deterioration characteristics.
(10) A manufacturer may request the Administrator to include in an
engine family group, engine families in addition to those grouped under
the provisions of paragraph (a)(8) of this section. This request must be
accompanied by information the manufacturer believes supports the
inclusion of these additional engine families.
(11) A manufacturer may combine into a single engine family group
those light-duty vehicle and light-duty truck engine families which
otherwise meet the requirements of paragraphs (a)(8) through (a)(10) of
this section.
(12) The vehicles covered by an application for certification
equipped with gasoline-fueled and methanol-fueled heavy-duty engines
will be divided into groupings of vehicles on the basis of physical
features which are expected to affect evaporative emissions. Each group
of vehicles with similar features shall be defined as a separate
evaporative emission family.
(13) For gasoline-fueled or methanol-fueled heavy-duty vehicles to
be classified in the same evaporative emission family, vehicles must be
identical with respect to:
(i) Method of fuel/air metering (i.e., carburetion versus fuel
injection).
(ii) Carburetor bowl fuel volume, within a 10 cc range.
(14) For vehicles equipped with gasoline-fueled and methanol-fueled
heavy-duty engines to be classified in the same evaporative emission
control system, vehicles must be identical with respect to:
(i) Method of vapor storage.
(ii) Method of carburetor sealing.
(iii) Method of air cleaner sealing.
(iv) Vapor storage working capacity, within a 20g range.
(v) Number of storage devices.
(vi) Method of purging stored vapors.
(vii) Method of venting the carburetor during both engine off and
engine operation.
(viii) Liquid fuel hose material.
(ix) Vapor storage material.
(15) Where vehicles equipped with gasoline-fueled or methanol-fueled
heavy-duty engines are types which cannot be divided into evaporative
emission family-control system combinations based on the criteria listed
above, the Administrator will establish evaporative emission family-
control system combinations for those vehicles based on features most
related to their evaporative emission characteristics.
(16) No 1992 or later model year heavy-duty engine which is to be
used to generate emission credits for 1992 and later banking, trading
and averaging programs may also utilize nonconformance penalties (NCPs).
Use of an NCP thus becomes an engine family criterion.
(i) Use of either a NOX or a particulate matter NCP by an
engine family precludes that family from generating either
NOX or particulate matter emission credits.
(ii) If a manufacturer desires to use both banked credits and NCPs
on an engine family, two separate engine families must be established.
One engine family must consist of engines certified for only credit use
following the procedure specified in this subpart. The other engine
family must be certified for only NCP use following the procedure as
specified in 40 CFR part 86, subpart L.
(b) Emission data--(1) Emission-data vehicles. Paragraph (b)(1) of
this section applies to light-duty vehicle and light-duty truck
emission-data vehicles.
(i) Vehicles will be chosen to be operated and tested for emission
data based upon engine family groupings. Within each engine family, one
test vehicle will be selected based on the following
[[Page 199]]
criteria: The Administrator shall select the vehicle with the heaviest
equivalent test weight (including options) within the family. Then
within that vehicle the Administrator shall select, in the order listed,
the highest road-load power, largest displacement, the transmission with
the highest numerical final gear ratio (including overdrive), the
highest numerical axle ratio offered in that engine family, and the
maximum fuel flow calibration.
(ii) The Administrator shall select one additional test vehicle from
within each engine family. The vehicle selected shall be the vehicle
expected to exhibit the highest emissions of those vehicles remaining in
the engine family. If all vehicles within the engine family are similar
the Administrator may waive the requirements of this paragraph.
(iii) Within an engine family and exhaust emission control system,
the manufacturer may alter any emission-data vehicle (or other vehicles
such as including current or previous model year emission-data vehicles,
fuel economy data vehicles, and development vehicles provided they meet
emission-data vehicles' protocol) to represent more than one selection
under paragraph (b)(1) (i), (ii), (iv), or (vii) of this section.
(iv) If the vehicles selected in accordance with paragraphs (b)(1)
(i) and (ii) of this section do not represent each engine-system
combination, then one vehicle of each engine-system combination not
represented will be selected by the Administrator. The vehicle selected
shall be the vehicle expected to exhibit the highest emissions of those
vehicles remaining in the engine family.
(v) For high-altitude exhaust emission compliance for each engine
family, the manufacturer shall follow one of the following procedures:
(A) The manufacturer will select for testing under high-altitude
conditions the vehicle expected to exhibit the highest emissions from
the nonexempt vehicles selected in accordance with paragraphs (b)(1)
(ii), (iii), and (iv) of this section or,
(B) In lieu of testing vehicles according to paragraph (b)(1)(v)(A)
of this section, a manufacturer may provide a statement in its
application for certification that, based on the manufacturer's
engineering evaluation of such high-altitude emission testing as the
manufacturer deems appropriate,
(1) That all light-duty vehicles not exempt under Sec. 86.090-8(h)
comply with the emission standards at high altitude; and
(2) That light-duty trucks sold for principal use at designated
high-altitude locations comply with the high-altitude emission
requirements and that all light-duty trucks sold at low altitude, which
are not exempt under Sec. 86.091-9(g)(2), are capable of being modified
to meet high-altitude standards.
(vi) If 90 percent or more of the engine family sales will be in
California, a manufacturer may substitute emission-data vehicles
selected by the California Air Resources Board criteria for the
selections specified in paragraphs (b)(1) (i), (ii), and (iv) of this
section.
(vii)(A) Vehicles of each evaporative emission family will be
divided into evaporative emission control systems.
(B) The Administrator will select the vehicle expected to exhibit
the highest evaporative emissions, from within each evaporative family
to be certified, from among the vehicles represented by the exhaust
emission-data selections for the engine family, unless evaporative
testing has already been completed on the vehicle expected to exhibit
the highest evaporative emissions for the evaporative family as part of
another engine family's testing.
(C) If the vehicles selected in accordance with paragraph
(b)(1)(vii)(B) of this section do not represent each evaporative
emission control system then the Administrator will select the highest
expected evaporative emission vehicle from within the unrepresented
evaporative system.
(viii) For high-altitude evaporative emission compliance for each
evaporative emission family, the manufacturer shall follow one of the
following procedures:
(A) The manufacturer will select for testing under high-altitude
conditions the one nonexempt vehicle previously selected under
paragraphs (b)(1)(vii) (B) or (C) of this section which is expected to
have the highest level of evaporative
[[Page 200]]
emissions when operated at high altitude or
(B) In lieu of testing vehicles according to paragraph
(b)(1)(viii)(A) of this section, a manufacturer may provide a statement
in its application for certification that based on the manufacturer's
engineering evaluation of such high-altitude emission testing as the
manufacturer deems appropriate,
(1) That all light-duty vehicles not exempt under Sec. 86.090-8(h)
comply with the emission standards at high altitude, and
(2) That light-duty trucks sold for principal use at designated
high-altitude locations comply with the high-altitude emission
requirements and that all light-duty trucks sold at low-altitude, which
are not exempt under Sec. 86.091-9(g)(2), are capable of being modified
to meet high-altitude standards.
(ix) Vehicles selected under paragraph (b)(1)(v)(A) of this section
may be used to satisfy the requirements of (b)(1)(viii)(A) of this
section.
(x) Light-duty trucks only: (A) The manufacturer may reconfigure any
of the low-altitude emission-data vehicles to represent the vehicle
configuration required to be tested at high altitude.
(B) The manufacturer is not required to test the reconfigured
vehicle at low altitude.
(2) Otto-cycle heavy-duty emission-data engines. Paragraph (b)(2) of
this section applies to Otto-cycle heavy-duty engines.
(i)-(ii) [Reserved]
(iii) The Administrator shall select a maximum of two engines within
each engine family based upon features indicating that they may have the
highest emission levels of the engines in the engine family as follows:
(A) The Administrator shall select one emission-data engine first
based on the largest displacement within the engine family. Then within
the largest displacement the Administrator shall select, in the order
listed, highest fuel flow at the speed of maximum rated torque, the
engine with the most advanced spark timing, no EGR or lowest EGR flow,
and no air pump or lowest actual flow air pump.
(B) The Administrator shall select one additional engine, from
within each engine family. The engine selected shall be the engine
expected to exhibit the highest emissions of those engines remaining in
the engine family. If all engines within the engine family are similar
the Administrator may waive the requirements of this paragraph.
(iv) If the engines selected in accordance with paragraph (b)(2)
(ii) and (iii) of this section do not represent each engine
displacement-exhaust emission control system combination, then one
engine of each engine displacement-exhaust emission control system
combination not represented shall be selected by the Administrator.
(v) Within an engine family/displacement/control system combination,
the manufacturer may alter any emission-data engine (or other engine
including current or previous model year emission-data engines and
development engines provided they meet the emission-data engines'
protocol) to represent more than one selection under paragraph
(b)(2)(iii) of this section.
(3) Diesel heavy-duty emission-data engines. Paragraph (b)(3) of
this section applies to diesel heavy-duty emission-data vehicles.
(i) Engines will be chosen to be run for emission data based upon
engine family groupings. Within each engine family, the requirements of
this paragraph must be met.
(ii) Engines of each engine family will be divided into groups based
upon their exhaust emission control systems. One engine of each system
combination shall be run for smoke emission data and gaseous emission
data. Either the complete gaseous emission test or the complete smoke
test may be conducted first. Within each combination, the engine that
features the highest fuel feed per stroke, primarily at the speed of
maximum rated torque and secondarily at rated speed, will usually be
selected. If there are military engines with higher fuel rates than
other engines in the same engine system combinations, then one military
engine shall also be selected. The engine with the highest fuel feed per
stroke will usually be selected.
(iii) The Administrator may select a maximum of one additional
engine
[[Page 201]]
within each engine-system combination based upon features indicating
that it may have the highest emission levels of the engines of that
combination. In selecting this engine, the Administrator will consider
such features as the injection system, fuel system, compression ratio,
rated speed, rated horsepower, peak torque speed, and peak torque.
(iv) Within an engine family control system combination, the
manufacturer may alter any emission-data engine (or other engine
including current or previous model year emission-data engines and
development engines provided they meet the emission-data engines'
protocol) to represent more than one selection under paragraph
(b)(3)(ii) and (iii) of this section.
(c) Durability data--(1) Light-duty vehicle durability-data
vehicles. Paragraph (c)(1) of this section applies to light-duty vehicle
durability-data vehicles.
(i) A durability-data vehicle will be selected by the Administrator
to represent each engine-system combination. The vehicle selected shall
be of the engine displacement with the largest projected sales volume of
vehicles with that control-system combination in that engine family and
will be designated by the Administration as to transmission type, fuel
system, inertia weight class, and test weight.
(ii) A manufacturer may elect to operate and test additional
vehicles to represent any engine-system combination. The additional
vehicles must be of the same engine displacement, transmission type,
fuel system and inertia weight class as the vehicle selected for that
engine-system combination in accordance with the provisions of paragraph
(c)(1)(i) of this section. Notice of an intent to operate and test
additional vehicles shall be given to the Administrator no later than 30
days following notification of the test fleet selection.
(2) Light-duty trucks. Paragraph (c)(2) of this section applies to
vehicles, engines, subsystems, or components used to establish exhaust
emission deterioration factors for light-duty trucks.
(i) The manufacturer shall select the vehicles, engines, subsystems,
or components to be used to determine exhaust emission deterioration
factors for each engine-family control system combination. Whether
vehicles, engines, subsystems, or components are used, they shall be
selected so that their emissions deterioration characteristics may be
expected to represent those of in-use vehicles, based on good
engineering judgment.
(ii) [Reserved]
(3) Heavy-duty engines. Paragraph (c)(3) of this section applies to
engines, subsystems, or components used to establish exhaust emission
deterioration factors for heavy-duty engines.
(i) The manufacturer shall select the engines, subsystems, or
components to be used to determine exhaust emission deterioration
factors for each engine-family control system combination. Whether
engines, subsystems, or components are used, they shall be selected so
that their emissions deterioration characteristics may be expected to
represent those of in-use engines, based on good engineering judgment.
(ii) [Reserved]
(d) For purposes of testing under Sec. 86.092-26 (a)(9) or (b)(11),
the Administrator may require additional emission-data vehicles (or
emission-data engines) and durability-data vehicles (light-duty vehicles
only) identical in all material respects to vehicles (or engines)
selected in accordance with paragraphs (b) and (c) of this section,
Provided That the number of vehicles (or engines) selected shall not
increase the size of either the emission-data fleet or the durability-
data fleet by more than 20 percent or one vehicle (or engine), whichever
is greater.
(e)(1) [Reserved]
(2) Any manufacturer may request to certify engine families with
combined total sales of fewer than 10,000 light-duty vehicles, light-
duty trucks, heavy-duty vehicles, and heavy-duty engines utilizing the
procedures contained in Sec. 86.092-14 of this subpart for emission-
data vehicle selection and determination of deterioration factors. The
deterioration factors shall be applied only to entire engine families.
(f) In lieu of testing an emission-data or durability-data vehicle
(or engine) selected under paragraph (b) or (c) of this section, and
submitting data therefore, a manufacturer may, with
[[Page 202]]
the prior written approval of the Administrator, submit exhaust emission
data and/or fuel evaporative emission data, as applicable on a similar
vehicle (or engine) for which certification has previously been obtained
or for which all applicable data required under Sec. 86.091-23 has
previously been submitted.
(g)(1) This paragraph applies to light-duty vehicles and light-duty
trucks, but does not apply to the production vehicles selected under
paragraph (h) of this section.
(2)(i) Where it is expected that more than 33 percent of a carline,
within an engine-system combination, may be equipped with an item
(whether that item is standard equipment or an option), the full
estimated weight of that item shall be included in the curb weight
computation of each vehicle available with that item in that carline,
within that engine-system combination.
(ii) Where it is expected that 33 percent or less of the carline,
within an engine-system combination, will be equipped with an item
(whether that item is standard equipment or an option), no weight for
that item will be added in computing the curb weight for any vehicle in
that carline, within that engine-system combination, unless that item is
standard equipment on the vehicle.
(iii) In the case of mutually exclusive options, only the weight of
the heavier option will be added in computing the curb weight.
(iv) Optional equipment weighing less than three pounds per item
need not be considered.
(3)(i) Where it is expected that more than 33 percent of a carline,
within an engine-system combination, will be equipped with an item
(whether that item is standard equipment or an option) that can
reasonably be expected to influence emissions, then such items shall
actually be installed (unless excluded under paragraph (g)(3)(ii) of
this section) on all emission-data and durability-data vehicles of that
carline, within that engine-system combination, on which the items are
intended to be offered in production. Items that can reasonably be
expected to influence emissions are: air conditioning, power steering,
power brakes, and other items determined by the Administrator.
(ii) If the manufacturer determines by test data or engineering
evaluation that the actual installation of the optional equipment
required by paragraph (g)(3)(i) of this section does not affect the
emissions or fuel economy values, the optional equipment need not be
installed on the test vehicle.
(iii) The weight of the options shall be included in the design curb
weight and also be represented in the weight of the test vehicles.
(iv) The engineering evaluation, including any test data, used to
support the deletion of optional equipment from test vehicles, shall be
maintained by the manufacturer and shall be made available to the
Administrator upon request.
(4) Where it is expected that 33 percent or less of a carline within
an engine-system combination will be equipped with an item (whether that
item is standard equipment or an option) that can reasonably be expected
to influence emissions, that item shall not be installed on any
emission-data vehicle or durability-data vehicle of that carline, within
that engine-system combination, unless that item is standard equipment
on that vehicle or specifically required by the Administrator.
(h) Alternative Durability Program durability-data vehicles. This
section applies to light-duty vehicle and light-duty truck durability-
data vehicles selected under the Alternative Durability Program
described in Sec. 86.085-13.
(1) To update the durability data to be used to determine a
deterioration factor for each engine family group, the Administrator
will select durability-data vehicles from the manufacturer's production
line. Production vehicles will be selected from each model year's
production for those vehicles certified using the Alternative Durability
Program procedures.
(i) The Administrator shall select the production durability-data
vehicle designs from the designs that the manufacturer offers for sale.
For each model year and for each engine family group, the Administrator
may select production durability-data vehicle designs of
[[Page 203]]
equal number to the number of engine families within the engine family
group, up to a maximum of three vehicles.
(ii) The production durability-data vehicles representing the
designs selected in paragraph (h)(1)(i) of this section will be randomly
selected from the manufacturer's production. The Administrator will make
these random selections unless the manufacturer (with prior approval of
the Administrator) elects to make the random selections.
(iii) The manufacturer may select additional production durability-
data vehicle designs from within the engine family group. The production
durability-data vehicles representing these designs shall be randomly
selected from the manufacturer's production in accordance with paragraph
(h)(1)(ii) of this section.
(iv) For each production durability-data vehicle selected under
paragraph (h)(1) of this section, the manufacturer shall provide to the
Administrator (before the vehicle is tested or begins service
accumulation) the vehicle identification number. Before the vehicle
begins service accumulation the manufacturer shall also provide the
Administrator with a description of the durability-data vehicle as
specified by the Administrator.
(v) In lieu of testing a production durability-data vehicle selected
under paragraph (h)(1) of this section, and submitting data therefrom, a
manufacturer may, with the prior written approval of the Administrator,
submit exhaust emission data from a production vehicle of the same
configuration for which all applicable data has previously been
submitted.
(2) If, within an existing engine family group, a manufacturer
requests to certify vehicles of a new design, engine family, emission
control system, or with any other durability-related design difference,
the Administrator will determine if the existing engine family group
deterioration factor is appropriate for the new design. If the
Administrator cannot make this determination or deems the deterioration
factor not appropriate, the Administrator shall select preproduction
durability-data vehicles under the provisions of paragraph (c) of this
section. If vehicles are then certified using the new design, the
Administrator may select production vehicles with the new design under
the provisions of paragraph (h)(1) of this section.
(3) If a manufacturer requests to certify vehicles of a new design
that the Administrator determines are a new engine family group, the
Administrator shall select preproduction durability-data vehicles under
the provisions of paragraph (c) of this section. If vehicles are then
certified using the new design, the Administrator may select production
vehicles of that design under the provisions of paragraph (h)(1) of this
section.
[55 FR 7190, Feb. 28, 1990, as amended at 55 FR 30626, July 26, 1990]
Sec. 86.092-26 Mileage and service accumulation; emission measurements.
(a)(1) Paragraph (a) of this section applies to light-duty vehicles.
(2) The procedure for mileage accumulation will be the Durability
Driving Schedule as specified in appendix IV to this part. A modified
procedure may also be used if approved in advance by the Administrator.
Except with the advance approval of the Administrator, all vehicles will
accumulate mileage at a measured curb weight which is within 100 pounds
of the estimated curb weight. If the loaded vehicle weight is within 100
pounds of being included in the next higher inertia weight class as
specified in Sec. 86.129, the manufacturer may elect to conduct the
respect emission tests at higher loaded vehicle weight.
(3) Emission-data vehicles. Unless otherwise provided for in Sec.
86.091-23(a), emission-data vehicles shall be operated and tested as
follows:
(i) Otto-cycle. (A) The manufacturer shall determine, for each
engine family, the mileage at which the engine-system combination is
stabilized for emission-data testing. The manufacturer shall maintain,
and provide to the Administrator if requested, a record of the rationale
used in making this determination. The manufacturer may elect to
accumulate 4,000 miles on each test vehicle within an engine family
without making a determination. The manufacturer must accumulate a
[[Page 204]]
minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an
engine family. All test vehicle mileage must be accurately determined,
recorded, and reported to the Administrator. Any vehicle used to
represent emission-data vehicle selections under Sec. 86.092-24(b)(1)
shall be equipped with an engine and emission control system that has
accumulated the mileage the manufacturer chose to accumulate on the test
vehicle. Fuel economy data generated from certification vehicles
selected in accordance with Sec. 86.092-24(b)(1) with engine-system
combinations that have accumulated more than 10,000 kilometers (6,200
miles) shall be factored in accordance with Sec. 600.006-87(c).
Complete exhaust and evaporative (if required) emission tests shall be
conducted for each emission-data vehicle selection under Sec. 86.092-
24(b)(1). The Administrator may determine under Sec. 86.092-24(f) that
no testing is required.
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.092-24(b)(1)(v) or (viii) shall be conducted at the
mileage (2,000 mile minimum) at which the engine-system combination is
stabilized for emission testing under high-altitude conditions.
(C) Exhaust and evaporative emissions tests for emission-data
vehicle(s) selected for testing under Sec. 86.092-24(b)(1) (i), (ii),
(iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile
minimum) at which the engine-system combination is stabilized for
emission testing under low-altitude conditions.
(D) For each engine family, the manufacturer will either select one
vehicle previously selected under Sec. 86.092-24(b)(1) (i) through (iv)
to be tested under high-altitude conditions or provide a statement in
accordance with Sec. 86.092-24(b)(1)(v). Vehicles shall meet emission
standards under both low- and high-altitude conditions without manual
adjustments or modifications. In addition, any emission control device
used to conform with the emission standards under high-altitude
conditions shall initially actuate (automatically) no higher than 4,000
feet above sea level.
(4)(i) Durability data vehicles. (A) Unless otherwise provided for
in Sec. 86.091-23(a), each durability-data vehicle shall be driven,
with all emission control systems installed and operating, for 50,000
miles or such lesser distance as the Administrator may agree to as
meeting the objective of this procedure.
(B) Complete exhaust emission tests shall be made at test point
mileage intervals that the manufacturer determines.
(C) At a minimum, two complete exhaust emission tests shall be made.
The first test shall be made at a distance not greater than 6,250 miles.
The last shall be made at 50,000 miles.
(D) The mileage interval between test points must be of equal length
except for the interval between zero miles and the first test, and any
interval before or after testing conducted in conjunction with vehicle
maintenance as specified in Sec. 86.090-25(g)(2).
(ii) The manufacturer may, at its option, alter the durability-data
vehicle at the selected test point to represent emission-data vehicle(s)
within the same engine-system combination and perform emission tests on
the altered vehicle. Upon completion of emission testing, the
manufacturer may return the test vehicle to the durability-data vehicle
con fig u ra tion and continue mileage accumulation.
(5)(i) All tests required by this subpart on emission-data vehicles
shall be conducted at a mileage equal to or greater than the mileage the
manufacturer determines under paragraph (a)(3) of this section.
(ii) All tests required by this subpart on durability-data vehicles
shall be conducted within 250 miles of each of the test points.
(6)(i)(A) The manufacturer may conduct multiple tests at any test
point at which the data are intended to be used in the deterioration
factor. At each test point where multiple tests are conducted, the test
results from all valid tests shall be averaged to determine the data
point to be used in the deterioration factor calculation, except under
paragraph (a)(6)(i)(B) of this section. The test results from emission
tests performed before maintenance affecting emissions shall not be
averaged with test results after the maintenance.
[[Page 205]]
(B) The manufacturer is not required to average multiple tests if
the manufacturer conducts no more than three tests at each test point
and if the number of tests at each test point is equal. All test points
must be treated the same for all exhaust pollutants.
(ii) The results of all emission testing shall be supplied to the
Administrator. The manufacturer shall furnish to the Administrator
explanation for voiding any test. The Administrator will determine if
voiding the test was appropriate based upon the explanation given by the
manufacturer for the voided test. Tests between test points may be
conducted as required by the Administrator. Data from all tests
(including voided tests) may be submitted weekly to the Administrator,
but shall be air posted or delivered to the Administrator within 7 days
after completion of the test. In addition, all test data shall be
compiled and provided to the Administrator in accordance with Sec.
86.091-23. Where the Administrator conducts a test on a durability-data
vehicle at a prescribed test point, the results of that test will be
used in the calculation of the deterioration factor.
(iii) The results of all emission tests shall be rounded, using the
``Rounding Off Method'' specified in ASTM E 29-67, to the number of
places to the right of the decimal point indicated by expressing the
applicable emission standard of this subpart to one additional
significant figure.
(7) Whenever a manufacturer intends to operate and test a vehicle
which may be used for emission or durability data, the manufacturer
shall retain in its records all information concerning all emissions
tests and maintenance, including vehicle alterations to represent other
vehicle selections. For emission-data vehicles, this information shall
be submitted, including the vehicle description and specification
information required by the Administrator, to the Administrator
following the emission-data test. For durability-data vehicles, this
information shall be submitted following the 5,000-mile test.
(8) Once a manufacturer submits the information required in
paragraphs (a)(7) of this section for a durability-data vehicle, the
manufacturer shall continue to run the vehicle to 50,000 miles, and the
data from the vehicle will be used in the calculations under Sec.
86.091-28. Discontinuation of a durability-data vehicle shall be allowed
only with the consent of the Administrator.
(9)(i) The Administrator may elect to operate and test any test
vehicle during all or any part of the mileage accumulation and testing
procedure. In such cases, the manufacturer shall provide the vehicle(s)
to the Administrator with all information necessary to conduct this
testing.
(ii) The test procedures in Sec. Sec. 86.106 through 86.145 will be
followed by the Administrator. The Administrator will test the vehicles
at each test point. Maintenance may be performed by the manufacturer
under such conditions as the Administrator may prescribe.
(iii) The data developed by the Administrator for the engine-system
combination shall be combined with any applicable data supplied by the
manufacturer on other vehicles of that combination to determine the
applicable deterioration factors for the combination. In the case of a
significant discrepancy between data developed by the Administrator and
that submitted by the manufacturer, the Administrator's data shall be
used in the determination of deterioration factors.
(10) Emission testing of any type with respect to any certification
vehicle other than that specified in this part is not allowed except as
such testing may be specifically authorized by the Administrator.
(11) This section does not apply to testing conducted to meet the
requirements of Sec. 86.091-23(b)(2).
(b)(1) Paragraph (b) of this section applies to light-duty trucks.
(2) There are three types of mileage or service accumulation
applicable to light-duty trucks:
(i) Mileage or service accumulation on vehicles, engines,
subsystems, or components selected by the manufacturer under Sec.
86.092-24(c)(2)(i). The manufacturer determines the form and extent of
this mileage or service accumulation, consistent with good engineering
practice, and describes it in the application for certification.
(ii) Mileage accumulation of the duration selected by the
manufacturer on
[[Page 206]]
emission-data vehicles selected under Sec. 86.092-24(b)(1). The
procedure for mileage accumulation will be the Durability Driving
Schedule as specified in appendix IV to this part. A modified procedure
may also be used if approved in advance by the Administrator. Except
with the advance approval of the Administrator, all vehicles will
accumulate mileage at a measured curb weight which is within 100 pounds
of the estimated curb weight. If the loaded vehicle weight is within 100
pounds of being included in the next higher inertia weight class as
specified in Sec. 86.129, the manufacturer may elect to conduct the
respective emission tests at the test weight corresponding to the higher
loaded vehicle weight.
(iii) Service or mileage accumulation which may be part of the test
procedures used by the manufacturer to establish evaporative emission
deterioration factors.
(3) Exhaust emission deterioration factors will be determined on the
basis of the mileage or service accumulation described in paragraph
(b)(2)(i) of this section and related testing, according to the
manufacturer's procedures.
(4) Each emission-data vehicle shall be operated and tested as
follows:
(i) Otto-cycle. (A) The manufacturer shall determine, for each
engine family, the mileage at which the engine-system combination is
stabilized for emission-data testing. The manufacturer shall maintain,
and provide to the Administrator if requested, a record of the rationale
used in making this determination. The manufacturer may elect to
accumulate 4,000 miles on each test vehicle within an engine family
without making a determination. The manufacturer must accumulate a
minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an
engine family. All test vehicle mileage must be accurately determined,
recorded, and reported to the Administrator. Any vehicle used to
represent emission-data vehicle selections under Sec. 86.092-24(b)(1)
shall be equipped with an engine and emission control system that has
accumulated the mileage the manufacturer chose to accumulate on the test
vehicle. Fuel economy data generated from certification vehicles
selected in accordance with Sec. 86.092-24(b)(1) with engine-system
combinations that have accumulated more than 10,000 kilometers (6,200
miles) shall be factored in accordance with Sec. 600.006-87(c).
Complete exhaust emission tests shall be conducted for each emission-
data vehicle selection under Sec. 86.092-24(b)(1). The Administrator
may determine under Sec. 86.092-24(f) that no testing is required.
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.092-24 (b)(1)(v) or (b)(1)(viii) shall be conducted at
the mileage (2,000 mile minimum) at which the engine-system combination
is stabilized for emission testing or at 6,436 kilometers (4,000 miles)
under high-altitude conditions.
(C) Exhaust and evaporative emission tests for emission-data
vehicle(s) selected for testing under Sec. 86.092-24(b)(1) (ii), (iii),
(iv)(A), or (vii)(B) shall be conducted at the mileage (2,000 mile
minimum) at which the engine-system combination is stabilized for
emission testing or at 6,436 kilometer (4,000 mile) test point under
low-altitude conditions.
(D) If the manufacturer recommends adjustments or modifications in
order to conform to emission standards at high altitude, such
adjustments or modifications shall be made to the test vehicle selected
under Sec. 86.092-24(b)(1) (v) and (viii) (in accordance with the
instructions to be provided to the ultimate purchaser) before being
tested under high-altitude conditions.
(ii) Diesel. (A) The manufacturer shall determine, for each engine
family, the mileage at which the engine-system combination is stabilized
for emission-data testing. The manufacturer shall maintain, and provide
to the Administrator if requested, a record of the rationale used in
making this determination. The manufacturer may elect to accumulate
4,000 miles on each test vehicle within an engine family without making
a determination. The manufacturer must accumulate a minimum of 2,000
miles (3,219 kilometers) on each test vehicle within an engine family.
All test vehicle mileage must be accurately determined, recorded, and
reported to the Administrator. Any vehicle used to represent emission-
data vehicle selections under Sec. 86.092-24(b)(1) shall be equipped
with an engine and
[[Page 207]]
emission control system that has accumulated the mileage the
manufacturer chose to accumulate on the test vehicle. Fuel economy data
generated from certification vehicles selected in accordance with Sec.
86.092-24(b)(1) with engine-system combinations that have accumulated
more than 10,000 kilometers (6,200 miles) shall be factored in
accordance with Sec. 600.006-87(c). Complete exhaust emission tests
shall be conducted for each emission-data vehicle selection under Sec.
86.092-24(b)(1). The administrator may determine under Sec. 86.092-
24(f) that no testing is required.
(B) Emission tests for emission-data vehicle(s) selected for testing
under Sec. 86.092-24 (b)(1)(v) shall be conducted at the mileage (2,000
mile minimum) at which the engine-system combination is stabilized for
emission testing or at the 6,436 kilometer (4,000 mile) test point under
high-altitude conditions.
(C) Exhaust and evaporative emission tests for emission-data
vehicle(s) selected for testing under Sec. 86.092-24 (b)(1) (ii),
(iii), and (iv) shall be conducted at the mileage (2,000 mile minimum)
at which the engine-system combination is stabilized for emission
testing or at the 6,436 kilometer (4,000 mile) test point under low-
altitude conditions.
(D) If the manufacturer recommends adjustments or modifications in
order to conform to emission standards at high altitude, such
adjustments or modifications shall be made to the test vehicle selected
under Sec. 86.092-24(b)(1) (v) and (viii) (in accordance with the
instructions to be provided to the ultimate purchaser) before being
tested under high-altitude conditions.
(iii) [Reserved]
(iv) All tests required by this subpart on emission-data vehicles
shall be conducted at a mileage equal to or greater than the mileage the
manufacturer determines under paragraph (b)(4) of this section.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) There are two types of service accumulation applicable to heavy-
duty engines:
(i) Service accumulation on engines, subsystems, or components
selected by the manufacturer under Sec. 86.092-24(c)(3)(i). The
manufacturer determines the form and extent of this service
accumulation, consistent with good engineering practice, and describes
it in the application for certification.
(ii) Dynamometer service accumulation on emission-data engines
selected under Sec. 86.092-24 (b)(2) or (b)(3). The manufacturer
determines the engine operating schedule to be used for dynamometer
service accumulation, consistent with good engineering practice. A
single engine operating schedule shall be used for all engines in an
engine family-control system combination. Operating schedules may be
different for different combinations.
(3) Exhaust emission deterioration factors will be determined on the
basis of the service accumulation described in paragraph (b)(2)(i) of
this section and related testing, according to the manufacturer's
procedures.
(4) The manufacturer shall determine, for each engine family, the
number of hours at which the engine system combination is stabilized (no
less than 62 hours for catalyst equipped) for emission-data testing. The
manufacturer shall maintain, and provide to the Administrator if
requested a record of the rationale used in making this determination.
The manufacturer may elect to accumulate 125 hours on each test engine
within an engine family without making a determination. Any engine used
to represent emission-data engine selections under Sec. 86.092-24(b)(2)
shall be equipped with an engine system combination that has accumulated
at least the number of hours determined under this paragraph. Complete
exhaust emission tests shall be conducted for each emission-data engine
selection under Sec. 86.092-24(b)(2). Evaporative emission controls
need not be connected provided normal operating conditions are
maintained in the engine induction system. The Administrator may
determine under Sec. 86.092-24(f) that no testing is required.
(d)(1) Paragraph (d) of this section applies to both light-duty
trucks and heavy-duty engines.
(2)(i) The results of all emission testing shall be supplied to the
Administrator. The manufacturer shall furnish to the Administrator
explanation for voiding any test. The Administrator will determine if
voiding the test was appropriate based upon the explanation
[[Page 208]]
given by the manufacturer for the voided test. Tests between test points
may be conducted as required by the Administrator. Data from all tests
(including voided tests) may be submitted weekly to the Administrator,
but shall be air posted or delivered to the Administrator within 7 days
after completion of the test. In addition, all test data shall be
compiled and provided to the Administrator in accordance with Sec.
86.092-23. Where the Administrator conducts a test on a durability-data
vehicle at a prescribed test point, the results of that test will be
used in the calculation of the deterioration factor.
(ii) The results of all emission tests shall be recorded and
reported to the Administrator. These test results shall be rounded, in
accordance with ASTM E 29-67, to the number of decimal places contained
in the applicable emission standard expressed to one additional
significant figure.
(3) Whenever a manufacturer intends to operate and test a vehicle
(or engine) which may be used for emission data, the manufacturer shall
retain in its records all information concerning all emissions tests and
maintenance, including vehicle (or engine) alterations to represent
other vehicle (or engine) selections. This information shall be
submitted, including the vehicle (or engine) description and
specification information required by the Administrator, to the
Administrator following the emission-data test.
(4)-(5) [Reserved]
(6) Emission testing of any type with respect to any certification
vehicle or engine other than that specified in this subpart is not
allowed except as such testing may be specifically authorized by the
Administrator.
[55 FR 7194, Feb. 28, 1990]
Sec. 86.092-35 Labeling.
(a) The manufacturer of any motor vehicle (or motor vehicle engine)
subject to the applicable emission standards (and family emission
limits, as appropriate) of this subpart, shall, at the time of
manufacture, affix a permanent legible label, of the type and in the
manner described below, containing the information hereinafter provided,
to all production models of such vehicles (or engines) available for
sale to the public and covered by a certificate of conformity under
Sec. 86.091-30(a).
(1) Light-duty vehicles. (i) A permanent, legible label shall be
affixed in a readily visible position in the engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Vehicle Emission Control Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches or liters), engine family
identification and evaporative family identification;
(D) Engine tune-up specifications and adjustments, as recommended by
the manufacutrer in accordance with the applicable emission standards
(or family emission limits, as applicable), including but not limited to
idle speeds(s), ignition timing, the idle air-fuel mixture setting
procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed
drop), high idle speed, initial injection timing and valve lash (as
applicable), as well as other parameters deemed necessary by the
manufacturer. These specifications should indicate the proper
transmission position during tuneup and what accessories (e.g., air
conditioner), if any, should be in operation;
(E) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to light-duty vehicles;
(F) For vehicles which are part of the diesel particulate averaging
program, the family particulate emission limit to which the vehicle is
certified;
(G) For vehicles that have been exempted from compliance with the
emission standards at high altitude, as specified in Sec. 86.090-8(h):
[[Page 209]]
(1) A highlighted statement (e.g., underscored or boldface letters)
that the vehicle is certified to applicable emission standards at low
altitude only;
(2) A statement that the vehicle's unsatisfactory performance under
high-altitude conditions makes it unsuitable for principal use at high
altitude, and
(3) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at
high altitude; and
(H) For vehicles that have been exempted from compliance with the
emission standards at low altitude, as specified in Sec. 86.090-8(i):
(1) A highlighted statement (e.g., underscore or boldface letters)
that the vehicle is certified to applicable emission standards at high
altitude only; and
(2) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at low
altitude.
(I) The vacuum hose routing diagram applicable to the vehicles if
the vehicles are equipped with vacuum actuated emission and emission-
related components. The manufacturer may, at its option, use a separate
label for the vacuum hose routing diagram provided that the vacuum hose
diagram is placed in a visible and accessible position as provided in
this section.
(J) Vehicles granted final admission under Sec. 85.1505 must comply
with the labeling requirements contained in Sec. 85.1510.
(2) Light-duty truck and heavy-duty vehicles optionally certified in
accordance with the light-duty truck provisions. (i) A legible,
permanent label shall be affixed in a readily visible position in the
engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label.
(A) The label heading: Important Vehicle Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches or liters) and engine
family identification;
(D) Engine tune-up specifications and adjustments, as recommended by
the manufacturer in accordance with the applicable emission standards
(or family emission limits, as appropriate), including but not limited
to idle speed(s), ignition timing, the idle air-fuel mixture setting
procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed
drop), high idle speed, initial injection timing, and valve lash (as
applicable), as well as other parameters deemed necessary by the
manufacturer. These specifications should indicate the proper
transmission position during tuneup and what accessories (e.g., air
conditioner), if any, should be in operation. If adjustments or
modifications to the vehicle are necessary to insure compliance with
emission standards (or family emission limits, as appropriate) at either
high or low altitude, the manufacturer shall either include the
instructions for such adjustments on the label, or indicate on the label
where instructions for such adjustments may be found. The label shall
indicate whether the engine tune-up or adjustment specifications are
applicable to high altitude, low altitude, or both;
(E)(1) Light-duty trucks. One of the prominent statements, as
applicable:
(i) Labels for light-duty trucks certified to the oxides of nitrogen
standard of 1.12 grams per vehicle mile shall include the following
statement: ``This vehicle conforms to U.S. EPA regulations applicable to
19 -- Model Year New Light-Duty Trucks.''
(ii) Labels for light-duty trucks certified to the oxides of
nitrogen standard of 1.7 grams per vehicle mile shall include the
following statement: ``This vehicle conforms to U.S. EPA regulations
applicable to 19 -- Model Year New Light-Duty Trucks with a curb weight
greater than 3,450 pounds.''
(2) Heavy-duty vehicles optionally certified in accordance with the
light-duty
[[Page 210]]
truck provisions. ``This heavy-duty vehicle conforms to the U.S. EPA
regulations applicable to 19---- Model Year Light-Duty Trucks under the
special provision of 40 CFR 86.092-1(b).''
(F) If the manufacturer is provided an alternate useful life period
under the provisions of Sec. 86.091-21(f), the prominent statement:
``This vehicle has been certified to meet U.S. EPA standards for a
useful-life period of -- years or ---- miles of operation, whichever
occurs first. This vehicle's actual life may vary depending on its
service application.'' The manufacturer may alter this statement only to
express the assigned alternate useful life in terms other than years or
miles (e.g., hours, or miles only).
(G) A statement, if applicable, that the adjustments or
modifications indicated on the lable are necessary to ensure emission
control compliance at the altitude specified.
(H) A statement, if applicable, that the high-altitude vehicle was
designated or modified for principal use at high altitude. This
statement must be affixed by the manufacturer at the time of assembly or
by any dealer who performs the high-altitude modification or adjustment
prior to sale to an ultimate purchaser.
(I) For vehicles that have been exempted from compliance with the
high-altitude emission standards, as specified in Sec. 86.091-9(g)(2).
(1) A highlighted statement (e.g., underscored or boldface letters)
that the vehicle is certified to applicable emission standards at low
altitude only.
(2) A statement that the vehicle's unsatisfactory performance under
high-altitude conditions makes it unsuitable for principal use at high
altitude, and
(3) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at
high altitude:
(J) For vehicles which are included in the diesel particulate
averaging program, the family particulate emission limit to which the
vehicle is certified.
(K) For vehicles which are included in the light-duty truck
NOX averaging program, the family NOX emissions
limit to which the vehicle is certified.
(L) The vacuum hose routing diagram applicable to the vehicles if
the vehicles are equipped with vacuum actuated emission and emission-
related components. The manufacturer may, at its option, use a separate
label for the vacuum hose routing diagram provided that the vacuum hose
diagram is placed in a visible and accessible position as provided by
this section.
(M) Vehicles granted final admission under Sec. 85.1505 must comply
with the labeling requirements contained in Sec. 85.1510.
(3) Heavy-duty engines. (i) A permanent legible label shall be
affixed to the engine in a position in which it will be readily visible
after installation in the vehicle.
(ii) The label shall be attached to an engine part necessary for
normal engine operation and not normally requiring replacement during
engine life.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Important Engine Information.
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches or liters) and engine
family and model designations;
(D) Date of engine manufacture (month and year). The manufacturer
may, in lieu of including the date of manufacture on the engine label,
maintain a record of the engine manufacture dates. The manufacturer
shall provide the date of manufacture records to the Administrator upon
request.
(E) Engine specifications and adjustments as recommended by the
manufacturer. These specifications should indicate the proper
transmission position during tune-up and what accessories (e.g., air
conditioner), if any, should be in operation;
(F) For Otto-cycle engines the label should include the idle speed,
ignition timing, and the idle air-fuel mixture setting procedure and
value (e.g., idle CO, idle air-fuel ratio, idle speed drop), and valve
lash;
(G) For diesel engines the label should include the advertised hp at
[[Page 211]]
rpm, fuel rate at advertised hp in mm\3\/stroke, valve lash, initial
injection timing, and idle speed;
(H) The prominent statement: ``This engine conforms to U.S. EPA
regulations applicable to 19---- Model Year New Heavy-Duty Engines.''
(I) If the manufacturer is provided with an alternate useful life
period under the provisions of Sec. 86.901-21(f), the prominent
statement: ``This engine has been certified to meet U.S. EPA standards
for a useful-life period of ---- miles or ---- hours of operation,
whichever occurs first. This engine's actual life may vary depending on
its service application.'' The manufacturer may alter this statement
only to express the assigned alternate useful life in terms other than
miles or hours (e.g., years, or hours only).
(J) For diesel engines. The prominent statement: ``This engine has a
primary intended service application as a ---- heavy-duty engine.'' (The
primary intended service applications are light, medium, and heavy, as
defined in Sec. 86.902-2.)
(K) For Otto-cycle engines. One of the following statements, as
applicable:
(1) For engines certified to the emission standards under Sec.
86.091-10 (a)(1) (i) or (iii), the statement: ``This engine is certified
for use in all heavy-duty vehicles.''
(2) for gasoline-fueled engines certified under the provisions of
Sec. 86.091-10(a)(3)(i), the statement: ``This engine is certified for
use in all heavy-duty vehicles under the special provision of 40 CFR
Sec. 86.091-10(a)(3)(i).''
(3) For engines certified to the emission standards under Sec.
86.091-10 (a)(1) (ii) or (iv), the statement: ``This engine is certified
for use only in heavy-duty vehicles with a gross vehicle weight rating
above 14,000 lbs.''
(L) For all heavy-duty engines which are included in diesel heavy-
duty particulate trading, banking or averaging programs, the particulate
family emission limit to which the engine is certified.
(M) For all heavy-duty engines which are included in NOX
trading, banking or averaging programs, the NOX family
emission limit to which the engine is certified.
(N) Engines granted final admission under Sec. 85.1505 must comply
with the labeling requirements contained in Sec. 85.1510.
(iv) The label may be made up of one or more pieces: Provided, That
all pieces are permanently attached to the same engine or vehicle part
as applicable.
(4)(i) Gasoline-fueled and methanol-fueled heavy-duty vehicles. A
permanent, legible label shall be affixed in a readily visible position
in the engine compartment. If such vehicles do not have an engine
compartment, the label required in paragraphs (a)(4) and (g)(1) of this
section shall be affixed in a readily visible position on the operator's
enclosure or on the engine.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Vehicle Emission Control Information;
(B) Full corporate name and trademark of manufacturer;
(C) Evaporative family identification;
(D) The maximum nominal fuel tank capacity (in gallons) for which
the evaporative control system is certified; and,
(E) One of the following, as appropriate:
(1) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to gasoline-fueled heavy-duty vehicles.
(2) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to methanol-fueled heavy-duty vehicles.
(F) Vehicles granted final admission under Sec. 85.1505 must comply
with the labeling requirements contained in Sec. 85.1510.
[[Page 212]]
(b) The provisions of this section shall not prevent a manufacturer
from also reciting on the label that such vehicle (or engine) conforms
to any applicable state emission standards for new motor vehicles (or
new motor vehicle engines) or any other information that such
manufacturer deems necessary for, or useful to, the proper operation and
satisfactory maintenance of the vehicle (or engine).
(c)(1) The manufacturer of any light-duty vehicle or light-duty
truck subject to the emission standards (or family emission limits, as
appropriate) of this subpart shall, in addition and subsequent to
setting forth those statements on the label required by the Department
of Transportation (DOT) pursuant to 49 CFR 567.4, set forth on the DOT
label or an additional label located in proximity to the DOT label and
affixed as described in 40 CFR 567.4(b), the following information in
the English language, lettered in block letters and numerals not less
than three thirty-seconds of an inch high, of a color that contrasts
with the background of the label:
(i) The heading: ``Vehicle Emission Control Information.''
(ii)(A) For light-duty vehicles, The statement: ``This Vehicle
Conforms to U.S. EPA Regulations Applicable to 19---- Model Year New
Motor Vehicles.''
(B) For light-duty trucks, (1) The statement: ``This vehicle
conforms to U.S. EPA regulations applicable to 19---- Model Year New
Light-Duty Trucks.''
(2) If the manufacturer is provided an alternate useful life period
under the provisions of Sec. 86.091-21(f), the prominent statement:
``This vehicle has been certified to meet U.S. EPA standards for a
useful-life period of ---- years or ---- miles of operation, whichever
occurs first. This vehicle's actual life may vary depending on its
service application.'' The manufacturer may alter this statement only to
express the assigned alternate useful life in terms other than years or
miles (e.g., hours, or miles only)
(iii) One of the following statements, as applicable, in letters and
numerals not less than six thirty-seconds of an inch high and of a color
that contrasts with the background of the label:
(A) For all vehicles certified as noncatalyst-equipped: ``NON-
CATALYST''
(B) For all vehicles certified as catalyst-equipped which are
included in a manufacturer's catalyst control program for which approval
has been given by the Administrator: ``CATALYST--APPROVED FOR IMPORT''
(C) For all vehicles certified as catalyst-equipped which are not
included in a manufacturer's catalyst control program for which prior
approval has been given by the Administrator: ``CATALYST''
(2) In lieu of selecting either of the labeling options of paragraph
(c)(1) of this section, the manufacturer may add the information
required by paragraph (c)(1)(iii) of this section to the label required
by paragraph (a) of this section. The required information will be set
forth in the manner prescribed by paragraph (c)(1)(iii) of this section.
(d) Incomplete light-duty trucks or incomplete heavy-duty vehicles
optionally certified in accordance with the light-duty truck provisions
shall have one of the following prominent statements, as applicable,
printed on the label required by paragraph (a)(2) of this section in
lieu of the statement required by paragraph (a)(2)(iii)(E) of this
section.
(1) Light-duty trucks. (i) Labels for light-duty trucks certified to
the oxides of nitrogen standard of 1.2 grams per vehicle mile shall
include the following statement: ``This vehicle conforms to U.S. EPA
regulations applicable to 19---- Model Year New Light-Duty Trucks when
it does not exceed ---- pounds in curb weight, ---- pounds in gross
vehicle weight rating, and ---- square feet in frontal area.''
(ii) Labels for light-duty trucks certified to the oxides of
nitrogen standards of 1.7 grams per vehicle mile shall include the
following statement: ``This vehicle conforms to U.S. EPA regulations
applicable to 19---- Model Year New Light-Duty Trucks when it is between
3,450 pounds and ---- pounds in curb weight and it does not exceed ----
pounds in gross vehicle weight rating nor ---- square feet in frontal
area.''
[[Page 213]]
(2) Heavy-duty vehicles optionally certified in accordance with the
light-duty truck provisions. ``This heavy-duty vehicle conforms to the
U.S. EPA regulations applicable to 19---- Model Year Light-Duty Trucks
under the special provision of 40 CFR 86.085-1(b) when it does not
exceed ---- pounds in curb weight, ---- pounds in gross vehicle weight
rating, and ---- square feet in frontal area.''
(e) Incomplete heavy-duty vehicles having a gross vehicle weight
rating of 8,500 pounds or less shall have one of the following
statements printed on the label required by paragraph (a)(3) of this
section in lieu of the statement required by paragraph (a)(3)(iii)(H) of
this section: ``This engine conforms to U.S. EPA regulations applicable
to 19---- Model Year Heavy-Duty Engines when installed in a vehicle
completed at a curb weight of more than 6,000 pounds or with a frontal
area of greater than 45 square feet.''
(f) The manufacturer of any incomplete light-duty vehicle or light-
duty truck shall notify the purchaser of such vehicle of any curb
weight, frontal area, or gross vehicle weight rating limitations
affecting the emission certificate applicable to that vehicle. This
notification shall be transmitted in a manner consistent with National
Highway Traffic Safety Administration safety notification requirements
published in 49 CFR part 568.
(g)(1)(i) Incomplete gasoline-fueled heavy-duty vehicles shall have
the following prominent statement printed on the label required in
paragraph (a)(4) of this section: ``(Manufacturer's corporate name) has
determined that this vehicle conforms to U.S. EPA regulations applicable
to 19---- Model Year New Gasoline-Fueled Heavy-Duty Vehicles when
completed with a nominal fuel tank capacity not to exceed -- gallons.
Persons wishing to add fuel tank capacity beyond the above maximum must
submit a written statement to the Administrator that the hydrocarbon
storage system has been upgraded according to the requirements of 40 CFR
86.092-35(g)(2).''
(ii) Incomplete methanol-fueled heavy-duty vehicles shall have the
following prominent statement printed on the label required in paragraph
(a)(4) of this section: ``(Manufacturer's corporate name) has determined
that this vehicle conforms to U.S. EPA regulations applicable to 19----
Model Year New Methanol-Fueled Heavy-Duty Vehicles when completed with a
nominal fuel tank capacity not to exceed -- gallons. Persons wishing to
add fuel tank capacity beyond the above maximum must submit a written
statement to the Administrator that the hydrocarbon storage system has
been upgraded according to the requirements of 40 CFR 86.091-35(g)(2).''
(2) Persons wishing to add fuel tank capacity beyond the maximum
specified on the label required in paragraph (g)(1) of this section
shall:
(i) Increase the amount of fuel tank vapor storage material
according to the following function:
[GRAPHIC] [TIFF OMITTED] TR06OC93.009
Where:
Capf = final amount of fuel tank vapor storage material,
grams.
Capi = initial amount of fuel tank vapor storage material,
grams.
T. Vol. = total fuel tank volume of completed vehicle, gallons.
Max. Vol. = maximum fuel tank volume as specified on the label required
in paragraph (g)(1) of this section, gallons.
(ii) Use, if applicable, hosing for fuel vapor routing which is at
least as impermeable to hydrocarbon vapors as that used by the primary
manufacturer.
(iii) Use vapor storage material with the same absorptive
characteristics as that used by the primary manufacturer.
(iv) Connect, if applicable, any new hydrocarbon storage device to
the existing hydrocarbon storage device in series such that the original
hydrocarbon storage device is situated between the fuel tank and the new
hydrocarbon storage device. The original hydrocarbon storage device
shall be sealed such that vapors cannot reach the atmosphere. The
elevation of the original hydrocarbon storage device shall be equal to
or lower than the new hydrocarbon storage device.
(v) Submit a written statement to the Administrator that paragraphs
[[Page 214]]
(g)(2)(i) through (g)(2)(iv) of this section have been complied with.
(3) If applicable, the Administrator will send a return letter
verifying the receipt of the written statement required in paragraph
(g)(2)(v) of this section.
(h)(1) Light-duty trucks and heavy-duty vehicles and engines for
which nonconformance penalties are to be paid in accordance with Sec.
86.1113-87(b) shall have the following information printed on the label
required in paragraph (a) of this section. The manufacturer shall begin
labeling production engines or vehicles within 10 days after the
completion of the PCA.
(i) The statement: ``The manufacturer of this engine/vehicle will
pay a nonconformance penalty to be allowed to introduce it into commerce
at an emission level higher than the applicable emission standard. The
compliance level (or new emission standard) for this engine/vehicle is
------.'' (The manufacturer shall insert the applicable pollutant and
compliance level calculated in accordance with Sec. 86.1112-87(a).)
(2) If a manufacturer introduces an engine or vehicle into commerce
prior to the compliance level determination of Sec. 86.1112-87(a), it
shall provide the engine or vehicle owner with a label as described
above to be affixed in a location in proximity to the label required in
paragraph (a) of this section within 30 days of the completion of the
PCA.
[55 FR 7197, Feb. 28, 1990, as amended at 55 FR 30627, July 26, 1990]
Sec. 86.093-2 Definitions.
The definitions of Sec. 86.092-2 continue to apply. The definitions
listed in this section apply beginning with the 1993 model year.
Bus means a heavy heavy-duty diesel-powered passenger-carrying
vehicle with a load capacity of fifteen or more passengers that is
centrally fueled, and all urban buses. This definition only applies in
the context of Sec. Sec. 86.093-11 and 86.093-35.
Centrally fueled bus means a bus that is refueled at least 75
percent of the time at one refueling facility that is owned, operated,
or controlled by the bus operator.
Urban bus means a passenger-carrying vehicle powered by a heavy
heavy-duty diesel engine, or of a type normally powered by a heavy
heavy-duty diesel engine, with a load capacity of fifteen or more
passengers and intended primarily for intracity operation, i.e., within
the confines of a city or greater metropolitan area. Urban bus operation
is characterized by short rides and frequent stops. To facilitate this
type of operation, more than one set of quick-operating entrance and
exit doors would normally be installed. Since fares are usually paid in
cash or tokens, rather than purchased in advance in the form of tickets,
urban buses would normally have equipment installed for collection of
fares. Urban buses are also typically characterized by the absence of
equipment and facilities for long distance travel, e.g., rest rooms,
large luggage compartments, and facilities for stowing carry-on luggage.
The useful life for urban buses is the same as the useful life for other
heavy heavy-duty diesel engines.
[58 FR 15795, Mar. 24, 1993]
Sec. 86.093-11 Emission standards for 1993 and later model year diesel
heavy-duty engines.
(a)(1) Exhaust emissions from new 1993 and later model year diesel
heavy-duty engines shall not exceed the following:
(i)(A) Hydrocarbons (for petroleum-fueled diesel engines). 1.3 grams
per brake horsepower-hour (0.48 gram per megajoule), as measured under
transient operating conditions.
(B) Total Hydrocarbon Equivalent (for methanol-fueled diesel
engines). 1.3 grams per brake horsepower-hour (0.48 gram per megajoule),
as measured under transient operating conditions.
(ii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour (5.77
grams per megajoule), as measured under transient operating conditions.
(B) 0.50 percent of exhaust gas flow at curb idle (methanol-fueled
diesel only).
(iii) Oxides of nitrogen. (A) 5.0 grams per brake horsepower-hour
(1.9 grams per megajoule), as measured under transient operating
conditions.
(B) A manufacturer may elect to include any or all of its diesel
heavy-duty engine families in any or all of the NOX
[[Page 215]]
averaging, trading, or banking programs for heavy-duty engines, within
the restrictions described in Sec. 86.091-15. If the manufacturer
elects to include engine families in any of the programs, the
NOX FELs may not exceed 6.0 grams per brake horsepower-hour
(2.2 grams per megajoule). This ceiling value applies whether credits
for the family are derived from averaging, trading or banking programs.
(iv) Particulate. (A) For diesel engines to be used in buses, 0.10
grams per brake horsepower-hour (0.037 gram per megajoule), as measured
under transient operating conditions.
(B) For all other diesel engines only, 0.25 grams per brake
horsepower-hour (0.093 gram per megajoule), as measured under transient
operating conditions.
(C) A manufacturer may elect to include any or all of its diesel
heavy-duty engine families in any or all of the particulate averaging,
trading, or banking programs for heavy-duty engines, within the
restrictions described in Sec. 86.094.15. If the manufacturer elects to
include engine families in any of these programs, the particulate FEL
may not exceed:
(1) 0.25 gram per brake horsepower-hour (0.093 gram per megajoule)
for diesel engines intended for use in urban buses.
(2) 0.60 gram per brake horsepower-hour (0.22 gram per megajoule)
for diesel engines not intended for use in urban buses.
(3) The ceiling values in paragraphs (a)(1)(iv)(C) (1) and (2) of
this section apply whether credits for the family are derived from
averaging, trading or banking programs.
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over operating schedules as set forth in
paragraph (f)(2) of appendix I of this part, and measured and calculated
in accordance with the procedures set forth in subpart N of this part,
except as noted in Sec. 86.091-23(c)(2) (i) and (ii).
(b)(1) The opacity of smoke emission from new 1993 and later model
year diesel heavy-duty engines shall not exceed:
(i) 20 percent during the engine acceleration mode.
(ii) 15 percent during the engine lugging mode.
(iii) 50 percent during the peaks in either mode.
(2) The standards set forth in paragraph (b)(1) of this section
refer to exhaust smoke emissions generated under the conditions set
forth in subpart I of this part and measured and calculated in
accordance with those procedures.
(3) Evaporative emissions (total of non-oxygenated hydrocarbons plus
methanol) for 1993 and later model year heavy-duty vehicles equipped
with methanol-fueled diesel engines shall not exceed:
(i) For vehicles with Gross Vehicle Weight Rating of up to 14,000
lbs., 3.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
14,000 lbs., 4.0 grams per test.
(4)(i) For vehicles with a Gross Vehicle Weight Rating of up to
26,000 lbs., the standards set forth in paragraph (b)(3) of this section
refer to a composite sample of evaporative emission collected under the
conditions set forth in subpart M of this part and measured in
accordance with those procedures.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than
26,000 lbs., the standard set forth in paragraph (b)(3)(ii) of this
section refers to the manufacturers' engineering design evaluation using
good engineering practice (a statement of which is required in Sec.
86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any new 1993 or later model year methanol-fueled diesel,
or any naturally-aspirated diesel heavy-duty engine. For petroleum
fueled engines only, this provision does not apply to engines using
turbocharters, pumps, blowers or superchargers for air induction.
(d) Every manufacturer of new motor vehicle engines subject to the
standard prescribed in this section shall, prior to taking any of the
actions specified in section 203(a)(1) of the Act, test or cause to be
tested motor vehicle engines in accordance with applicable procedures in
subpart I or N of this part to ascertain that such test engines
[[Page 216]]
meet the requirements of paragraphs (a), (b), and (c) and (d) of this
section.
[56 FR 64711, Dec. 12, 1991, as amended at 58 FR 15795, Mar. 24, 1993]
Sec. 86.093-35 Labeling.
(a) The manufacturer of any motor vehicle (or motor vehicle engine)
subject to the applicable emission standards (and family emission
limits, as appropriate) of this subpart, shall, at the time of
manufacture, affix a permanent legible label, of the type and in the
manner described in this section, containing the information hereinafter
provided, to all production models of such vehicles (or engines)
available for sale to the public and covered by a certificate of
conformity under Sec. 86.091-30(a). Where blanks appear in this
section, manufacturers are required to fill in the appropriate
information in the blanks.
(1) Light-duty vehicles. (i) A permanent, legible label shall be
affixed in a readily visible position in the engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Vehicle Emission Control Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches or liters), engine family
identification and evaporative family identification;
(D) Engine tune-up specifications and adjustments, as recommended by
the manufacturer in accordance with the applicable emission standards
(or family emission limits, as applicable), including but not limited to
idle speed(s), ignition timing, the idle air-fuel mixture setting
procedures and value (e.g., idle CO, idle air-fuel ratio, idle speed
drop), high idle speed, initial injection timing and valve lash (as
applicable), as well as other parameters deemed necessary by the
manufacturer. These specifications should indicate the proper
transmission position during tuneup and what accessories (e.g., air
conditioner), if any, should be in operation;
(E) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations which apply
to light-duty vehicles;
(F) For vehicles which are part of the diesel particulate averaging
program, the family particulate emission limit to which the vehicle is
certified;
(G) For vehicles that have been exempted from compliance with the
emission standards at high altitude, as specified in Sec. 86.090-8(h):
(1) A highlighted statement (e.g., underscored or boldface letters)
that the vehicle is certified to applicable emission standards at low
altitude only;
(2) A statement that the vehicle's unsatisfactory performance under
high-altitude conditions makes it unsuitable for principal use at high
altitude; and
(3) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at
high altitude;
(H) For vehicles that have been exempted from compliance with the
emission standards at low altitude, as specified in Sec. 86.090-8(i):
(1) A highlighted statement (e.g., underscored or boldface letters)
that the vehicle is certified to applicable emission standards at high
altitude only; and
(2) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at low
altitude;
(I) The vacuum hose routing diagram applicable to the vehicles if
the vehicles are equipped with vacuum actuated emission and emission-
related components. The manufacturer may, at its option, use a separate
label for the vacuum hose routing diagram provided that the vacuum hose
diagram is placed in a visible and accessible position as provided in
this section; and
(J) Vehicles granted final admission under Sec. 85.1505 must comply
with the
[[Page 217]]
labeling requirements contained in Sec. 85.1510.
(2) Light-duty truck and heavy-duty vehicles optionally certified in
accordance with the light-duty truck provisions. (i) A legible,
permanent label shall be affixed in a readily visible position in the
engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label.
(A) The label heading: Important Vehicle Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches or liters) and engine
family identification;
(D) Engine tune-up specifications and adjustments, as recommended by
the manufacturer in accordance with the applicable emission standards
(or family emission limits, as appropriate), including but not limited
to idle speed(s), ignition timing, the idle air-fuel mixture setting
procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed
drop), high idle speed, initial injection timing, and valve lash (as
applicable), as well as other parameters deemed necessary by the
manufacturer. These specifications should indicate the proper
transmission position during tuneup and what accessories (e.g., air
conditioner), if any, should be in operation. If adjustments or
modifications to the vehicle are necessary to insure compliance with
emission standards (or family emission limits, as appropriate) at either
high or low altitude, the manufacturer shall either include the
instructions for such adjustments on the label, or indicate on the label
where instructions for such adjustments may be found. The label shall
indicate whether the engine tune-up or adjustment specifications are
applicable to high altitude, low altitude, or both;
(E)(1) Light-duty trucks. One of the prominent statements, as
applicable:
(i) Labels for light-duty trucks certified to the oxides of nitrogen
standard of 1.12 grams per vehicle mile shall include the following
statement: ``This vehicle conforms to U.S. EPA regulations applicable to
19---- Model Year New Light-Duty Trucks.''
(ii) Labels for light-duty trucks certified to the oxides of
nitrogen standard of 1.7 grams per vehicle mile shall include the
following statement: ``This vehicle conforms to U.S. EPA regulations
applicable to 19---- Model Year New Light-Duty Trucks with a curb weight
greater than 3,450 pounds.''
(2) Heavy-duty vehicles optionally certified in accordance with the
light-duty truck provisions. ``This heavy-duty vehicle conforms to U.S.
EPA regulations applicable to 19---- Model Year New Light-Duty Trucks
under the special provision of 40 CFR 86.092-1(b).'';
(F) If the manufacturer is provided an alternate useful life period
under the provisions of Sec. 86.091-21(f), the prominent statement:
``This vehicle has been certified to meet U.S. EPA standards for a
useful-life period of -- years or ---- miles of operation, whichever
occurs first. This vehicle's actual life may vary depending on its
service application.'' The manufacturer may alter this statement only to
express the assigned alternate useful life in terms other than years or
miles (e.g., hours, or miles only);
(G) A statement, if applicable, that the adjustments or
modifications indicated on the label are necessary to ensure emission
control compliance at the altitude specified;
(H) A statement, if applicable, that the high-altitude vehicle was
designated or modified for principal use at high altitude. This
statement must be affixed by the manufacturer at the time of assembly or
by any dealer who performs the high-altitude modification or adjustment
prior to sale to an ultimate purchaser;
(I) For vehicles that have been exempted from compliance with the
high-altitude emission standards, as specified in Sec. 86.091-9(g)(2).
(1) A highlighted statement (e.g., underscored or boldface letters)
that the
[[Page 218]]
vehicle is certified to applicable emission standards at low altitude
only;
(2) A statement that the vehicle's unsatisfactory performance under
high-altitude conditions makes it unsuitable for principal use at high
altitude; and
(3) A statement that the emission performance warranty provisions of
40 CFR part 85, subpart V do not apply when the vehicle is tested at
high altitude;
(J) For vehicles which are included in the diesel particulate
averaging program, the family particulate emission limit to which the
vehicle is certified;
(K) For vehicles which are included in the light-duty truck
NOX averaging program, the family NOX emissions
limit to which the vehicle is certified;
(L) The vacuum hose routing diagram applicable to the vehicles if
the vehicles are equipped with vacuum actuated emission and emission-
related components. The manufacturer may, at its option, use a separate
label for the vacuum hose routing diagram provided that the vacuum hose
diagram is placed in a visible and accessible position as provided by
this section;
(M) Vehicles granted final admission under Sec. 85.1505 of this
chapter must comply with the labeling requirements contained in Sec.
85.1510 of this chapter.
(3) Heavy-duty engines. (i) A permanent legible label shall be
affixed to the engine in a position in which it will be readily visible
after installation in the vehicle.
(ii) The label shall be attached to an engine part necessary for
normal engine operation and not normally requiring replacement during
engine life.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Important Engine Information;
(B) Full corporate name and trademark of manufacturer;
(C) Engine displacement (in cubic inches or liters) and engine
family and model designations;
(D) Date of engine manufacture (month and year). The manufacturer
may, in lieu of including the date of manufacture on the engine label,
maintain a record of the engine manufacture dates. The manufacturer
shall provide the date of manufacture records to the Administrator upon
request;
(E) Engine specifications and adjustments as recommended by the
manufacturer. These specifications should indicate the proper
transmission position during tune-up and what accessories (e.g., air
conditioner), if any, should be in operation;
(F) For Otto-cycle engines the label should include the idle speed,
ignition timing, and the idle air-fuel mixture setting procedure and
value (e.g., idle CO, idle air-fuel ratio, idle speed drop), and value
lash;
(G) For diesel engines the label should include the advertised hp at
rpm, fuel rate at advertised hp in mm\3\/stroke, valve lash, initial
injection timing, and idle speed;
(H) The prominent statement: ``This engine conforms to U.S. EPA
regulations applicable to 19-- Model Year New Heavy-Duty Engines.'';
(I) If the manufacturer is provided with an alternate useful life
period under the provisions of Sec. 86.901-21(f), the prominent
statement: ``This engine has been certified to meet U.S. EPA standards
for a useful-life period of ------ miles or ------ hours of operation,
whichever occurs first. This engine's actual life may vary depending on
its service application.'' The manufacturer may alter this statement
only to express the assigned alternate useful life in terms other than
miles or hours (e.g., years, or hours only);
(J) For diesel engines. The prominent statement: ``This engine has a
primary intended service application as a ---- heavy-duty engine.'' (The
primary intended service applications are light, medium, and heavy, as
defined in Sec. 86.902-2.);
(K) For Otto-cycle engines. One of the following statements, as
applicable:
(1) For engines certified to the emission standards under Sec.
86.09--10(a)(1) (i) or (iii), the statement: ``This engine is certified
for use in all heavy-duty vehicles.'';
(2) For gasoline-fueled engines certified under the provisions of
Sec. 86.091-10(a)(3)(i), the statement: ``This engine
[[Page 219]]
is certified for use in all heavy-duty vehicles under the special
provision of 40 CFR 86.091-10(a)(3)(i).'';
(3) For engines certified to the emission standards under Sec.
86.091-10(a)(1) (ii) or (iv), the statement: ``This engine is certified
for use only in heavy-duty vehicles with a gross vehicle weight rating
above 14,000 lbs.'';
(L) For all heavy-duty engines which are included in diesel heavy-
duty particulate trading, banking or averaging programs, the particulate
family emission limit to which the engine is certified;
(M) For all heavy-duty engines which are included in NOX
trading, banking or averaging programs, the NOX family
emission limit to which the engine is certified;
(N) Engines granted final admission under Sec. 85.1505 must comply
with the labeling requirements contained in Sec. 85.1510; and
(O) For diesel engines which have been certified to comply with the
particulate standard of 40 CFR 86.093-11(a)(1)(iv)(A), the statement
``This engine is certified for use in a bus as defined at 40 CFR 86.093-
2.'' Unless waived by the Administrator on the basis of impracticality,
for diesel engines not certified to comply with the particulate standard
40 CFR 86.093-11(a)(1)(iv)(A), the statement ``This engine is not
certified for use in a bus as defined at 40 CFR 86.093-2. Sales of this
engine for use in a bus is a violation of Federal law under the Clean
Air Act.''
(iv) The label may be made up of one or more pieces: Provided, That
all pieces are permanently attached to the same engine or vehicle part
as applicable.
(4) Gasoline-fueled and methanol-fueled heavy-duty vehicles. (i) A
permanent, legible label shall be affixed in a readily visible position
in the engine compartment. If such vehicles do not have an engine
compartment, the label required in paragraphs (a)(4) and (g)(1) of this
section shall be affixed in a readily visible position on the operator's
enclosure or on the engine.
(ii) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label. The label shall not be affixed to any equipment which is easily
detached from such vehicle.
(iii) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(A) The label heading: Vehicle Emission Control Information;
(B) Full corporate name and trademark of manufacturer;
(C) Evaporative family identification;
(D) The maximum nominal fuel tank capacity (in gallons) for which
the evaporative control system is certified; and
(E) One of the following, as appropriate:
(1) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations (40 CFR part
86) which apply to gasoline-fueled heavy-duty vehicles;
(2) An unconditional statement of compliance with the appropriate
model year U.S. Environmental Protection Agency regulations (40 CFR part
86) which apply to methanol-fueled heavy-duty vehicles;
(F) Vehicles granted final admission under Sec. 85.1505 of this
chapter must comply with the labeling requirements contained in Sec.
85.1510 of this chapter.
(b) The provisions of this section shall not prevent a manufacturer
from also reciting on the label that such vehicle (or engine) conforms
to any applicable state emission standards for new motor vehicles (or
new motor vehicle engines) or any other information that such
manufacturer deems necessary for, or useful to, the proper operation and
satisfactory maintenance of the vehicle (or engine).
(c)(1) The manufacturer of any light-duty vehicle or light-duty
truck subject to the emission standards (or family emission limits, as
appropriate) of this subpart shall, in addition and subsequent to
setting forth those statements on the label required by the Department
of Transportation (DOT) pursuant to 49 CFR 567.4, set forth on the DOT
label or an additional label located in proximity to the DOT label
[[Page 220]]
and affixed as described in 40 CFR 567.4(b), the following information
in the English language, lettered in block letters and numerals not less
than three thirty-seconds of an inch high, of a color that contrasts
with the background of the label:
(i) The heading: ``Vehicle Emission Control Information.''
(ii)(A) For light-duty vehicles, The statement: ``This Vehicle
Conforms to U.S. EPA Regulations Applicable to 19---- Model Year New
Motor Vehicles.''
(B) For light-duty trucks:
(1) The statement: ``This vehicle conforms to U.S. EPA regulations
applicable to 19---- Model Year New Light-Duty Trucks.''
(2) If the manufacturer is provided an alternate useful life period
under the provisions of Sec. 86.091-21(f), the prominent statement:
``This vehicle has been certified to meet U.S. EPA standards for a
useful-life period of ---- years or ------ miles of operation, whichever
occurs first. This vehicle's actual life may vary depending on its
service application.'' The manufacturer may alter this statement only to
express the assigned alternate useful life in terms other than years or
miles (e.g., hours, or miles only).
(iii) One of the following statements, as applicable, in letters and
numerals not less than six thirty-seconds of an inch high and of a color
that contrasts with the background of the label:
(A) For all vehicles certified as noncatalyst-equipped: ``Non-
Catalyst''.
(B) For all vehicles certified as catalyst-equipped which are
included in a manufacturer's catalyst control program for which approval
has been given by the Administrator: ``Catalyst--Approved for Import''.
(C) For all vehicles certified as catalyst-equipped which are not
included in a manufacturer's catalyst control program for which prior
approval has been given by the Administrator: ``Catalyst''.
(2) In lieu of selecting either of the labeling options of paragraph
(c)(1) of this section, the manufacturer may add the information
required by paragraph (c)(1)(iii) of this section to the label required
by paragraph (a) of this section. The required information will be set
forth in the manner prescribed by paragraph (c)(1)(iii) of this section.
(d) Incomplete light-duty trucks or incomplete heavy-duty vehicles
optionally certified in accordance with the light-duty truck provisions
shall have one of the following prominent statements, as applicable,
printed on the label required by paragraph (a)(2) of this section in
lieu of the statement required by paragraph (a)(2)(iii)(E) of this
section.
(1) Light-duty trucks. (i) Labels for light-duty trucks certified to
the oxides of nitrogen standard of 1.2 grams per vehicle mile shall
include the following statement: ``This vehicle conforms to U.S. EPA
regulations applicable to 19---- Model Year New Light-Duty Trucks when
it does not exceed ---- pounds in curb weight, ---- pounds in gross
vehicle weight rating, and -- square feet in frontal area.''
(ii) Labels for light-duty trucks certified to the oxides of
nitrogen standards of 1.7 grams per vehicle mile shall include the
following statement: ``This vehicle conforms to U.S. EPA regulations
applicable to 19---- Model Year New Light-Duty Trucks when it is between
3,450 pounds and ---- pounds in curb weight and it does not exceed --
pounds in gross vehicle weight rating nor ---- square feet in frontal
area.''
(2) Heavy-duty vehicles optionally certified in accordance with the
light-duty truck provisions. ``This heavy-duty vehicle conforms to the
U.S. EPA regulations applicable to 19---- Model Year Light-Duty Trucks
under the special provision of 40 CFR 86.085-1(b) when it does not
exceed ---- pounds in curb weight, ---- pounds in gross vehicle weight
rating, and ---- square feet in frontal area.''
(e) Incomplete heavy-duty vehicles having a gross vehicle weight
rating of 8,500 pounds or less shall have one of the following
statements printed on the label required by paragraph (a)(3) of this
section in lieu of the statement required by paragraph (a)(3)(iii)(H) of
this section: ``This engine conforms to U.S. EPA regulations applicable
to 19---- Model Year Heavy-Duty Engines when installed in a vehicle
completed at a curb weight of more than 6,000
[[Page 221]]
pounds or with a frontal area of greater than 45 square feet.''
(f) The manufacturer of any incomplete light-duty vehicle or light-
duty truck shall notify the purchaser of such vehicle of any curb
weight, frontal area, or gross vehicle weight rating limitations
affecting the emission certificate applicable to that vehicle. This
notification shall be transmitted in a manner consistent with National
Highway Traffic Safety Administration safety notification requirements
published in 49 CFR part 568.
(g)(1)(i) Incomplete gasoline-fueled heavy-duty vehicles shall have
the following prominent statement printed on the label required in
paragraph (a)(4) of this section: ``(Manufacturer's corporate name) has
determined that this vehicle conforms to U.S. EPA regulations applicable
to 19 -- Model Year New Gasoline-Fueled Heavy-Duty Vehicles when
completed with a nominal fuel tank capacity not to exceed -- gallons.
Persons wishing to add fuel tank capacity beyond the above maximum must
submit a written statement to the Administrator that the hydrocarbon
storage system has been upgraded according to the requirements of 40 CFR
86.092-35(g)(2).''
(ii) Incomplete methanol-fueled heavy-duty vehicles shall have the
following prominent statement printed on the label required in paragraph
(a)(4) of this section: ``(Manufacturer's corporate name) has determined
that this vehicle conforms to U.S. EPA regulations applicable to 19 --
Model Year New Methanol-Fueled Heavy-Duty Vehicles when completed with a
nominal fuel tank capacity not to exceed -- gallons. Persons wishing to
add fuel tank capacity beyond the above maximum must submit a written
statement to the Administrator that the hydrocarbon storage system has
been upgraded according to the requirements of 40 CFR 86.091-35(g)(2).''
(2) Persons wishing to add fuel tank capacity beyond the maximum
specified on the label required in paragraph (g)(1) of this section
shall:
(i) Increase the amount of fuel tank vapor storage material
according to the following function:
[GRAPHIC] [TIFF OMITTED] TR06OC93.010
Where:
Capf=final amount of fuel tank vapor storage material, grams.
Capi=initial amount of fuel tank vapor storage material, grams.
T. Vol.=total fuel tank volume of completed vehicle, gallons.
Max. Vol.=maximum fuel tank volume as specified on the label required in
paragraph (g)(1) of this section, gallons.
(ii) Use, if applicable, hosing for fuel vapor routing which is at
least as impermeable to hydrocarbon vapors as that used by the primary
manufacturer.
(iii) Use vapor storage material with the same absorptive
characteristics as that used by the primary manufacturer.
(iv) Connect, if applicable, any new hydrocarbon storage device to
the existing hydrocarbon storage device in series such that the original
hydrocarbon storage device is situated between the fuel tank and the new
hydrocarbon storage device. The original hydrocarbon storage device
shall be sealed such that vapors cannot reach the atmosphere. The
elevation of the original hydrocarbon storage device shall be equal to
or lower than the new hydrocarbon storage device.
(v) Submit a written statement to the Administrator that paragraphs
(g)(2)(i) through (g)(2)(iv) of this section have been complied with.
(3) If applicable, the Administrator will send a return letter
verifying the receipt of the written statement required in paragraph
(g)(2)(v) of this section.
(h)(1) Light-duty trucks and heavy-duty vehicles and engines for
which nonconformance penalties are to be paid in accordance with Sec.
86.1113-87(b) shall have the following information printed on the label
required in paragraph (a) of this section. The manufacturer shall begin
labeling production engines or vehicles within 10 days after the
completion of the PCA.
(i) The statement: ``The manufacturer of this engine/vehicle will
pay a nonconformance penalty to be allowed to introduce it into commerce
at an emission level higher than the applicable
[[Page 222]]
emission standard. The compliance level (or new emission standard) for
this engine/vehicle is ------.'' (The manufacturer shall insert the
applicable pollutant and compliance level calculated in accordance with
Sec. 86.1112-87(a).)
(ii) [Reserved]
(2) If a manufacturer introduces an engine or vehicle into commerce
prior to the compliance level determination of Sec. 86.1112-87(a), it
shall provide the engine or vehicle owner with a label as described in
paragraph (h) of this section to be affixed in a location in proximity
to the label required in paragraph (a) of this section within 30 days of
the completion of the PCA.
[58 FR 15795, Mar. 24, 1993]
Sec. 86.094-1 General applicability.
(a) The provisions of this subpart generally apply to 1994 and later
model year new Otto-cycle and diesel-cycle light-duty vehicles, 1994 and
later model year new Otto-cycle and diesel-cycle light-duty trucks, and
1994 and later model year new Otto-cycle and diesel-cycle heavy-duty
engines. In cases where a provision applies only to a certain vehicle
group based on its model year, vehicle class, motor fuel, engine type,
or other distinguishing characteristics, the limited applicability is
cited in the appropriate section or paragraph.
(b) Optional applicability. A manufacturer may request to certify
any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or
less in accordance with the light-duty truck provisions. Heavy-duty
engine or vehicle provisions do not apply to such a vehicle.
(c)-(d) [Reserved]
(e) Small volume manufacturers. Special certification procedures are
available for any manufacturer whose projected combined U.S. sales of
light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-
duty engines in its product line (including all vehicles and engines
imported under the provisions of Sec. Sec. 85.1505 and 85.1509 of this
chapter are fewer than 10,000 units for the model year in which the
manufacturer seeks certification. To certify its product line under
these optional procedures, the small-volume manufacturer must first
obtain the Administrator's approval. The manufacturer must meet the
eligibility criteria specified in Sec. 86.092-14(b) before the
Administrator's approval will be granted. The small-volume
manufacturer's certification procedures are described in Sec. 86.092-
14.
(f) Optional procedures for determining exhaust opacity. (1) The
provisions of subpart I of this part apply to tests which are performed
by the Administrator, and optionally, by the manufacturer.
(2) Measurement procedures, other than that described in subpart I
of this part, may be used by the manufacturer provided the manufacturer
satisfies the requirements of Sec. 86.091-23(f).
(3) When a manufacturer chooses to use an alternative measurement
procedure it has the responsibility to determine whether the results
obtained by the procedure will correlate with the results which would be
obtained from the measurement procedure in subpart I of this part.
Consequently, the Administrator will not routinely approve or disapprove
any alternative opacity measurement procedure or any associated
correlation data which the manufacturer elects to use to satisfy the
data requirements for subpart I of this part.
(4) If a confirmatory test(s) is performed and the results indicate
there is a systematic problem suggesting that the data generated under
an optional alternative measurement procedure do not adequately
correlate with data obtained in accordance with the procedures described
in subpart I of this part, EPA may require that all certificates of
conformity not already issued be based on data obtained from procedures
described in subpart I of this part.
[58 FR 4002, Jan. 12, 1993]
Sec. 86.094-2 Definitions.
The definitions of Sec. 86.093-2 remain effective. The definitions
listed in this section are effective beginning with the 1994 model year.
Adjusted Loaded Vehicle Weight means the numerical average of
vehicle curb weight and GVWR.
[[Page 223]]
Bi-directional control means the capability of a diagnostic tool to
send messages on the data bus that temporarily overrides the module's
control over a sensor or actuator and gives control to the diagnostic
tool operator. Bi-directional controls do not create permanent changes
to engine or component calibrations.
Data stream information means information (i.e., messages and
parameters) originated within the vehicle by a module or intelligent
sensors (i.e., a sensor that contains and is controlled by its own
module) and transmitted between a network of modules and/or intelligent
sensors connected in parallel with either one or two communication
wires. The information is broadcast over the communication wires for use
by other modules (e.g., chassis, transmission, etc.) to conduct normal
vehicle operation or for use by diagnostic tools. Data stream
information does not include engine calibration related information.
Defeat device means an auxilary emission control device (AECD) that
reduces the effectiveness of the emission control system under
conditions which may reasonably be expected to be encountered in normal
vehicle operation and use, unless:
(1) Such conditions are substantially included in the Federal
emission test procedure;
(2) The need for the AECD is justified in terms of protecting the
vehicle against damage or accident; or
(3) The AECD does not go beyond the requirements of engine starting.
Durability useful life means the highest useful life mileage out of
the set of all useful life mileages that apply to a given vehicle. The
durability useful life determines the duration of service accumulation
on a durability data vehicle. The determination of durability useful
life shall reflect any alternative useful life mileages approved by the
Administrator under Sec. 86.094-21(f). The determination of durability
useful life shall exclude any standard and related useful life mileage
for which the manufacturer has obtained a waiver of emission data
submission requirements under Sec. 86.094-23(c)
Element of design means any control system (i.e., computer software,
electronic control system, emission control system, computer logic),
and/or control system calibrations, and/or the results of systems
interaction, and/or hardware items on a motor vehicle or motor vehicle
engine.
Engine warm-up cycle means sufficient vehicle operation such that
the coolant temperature has risen by at least 40 [deg]F from engine
starting and reaches a minimum temperature of 160 [deg]F.
Enhanced service and repair information means information which is
specific for an original equipment manufacturer's brand of tools and
equipment.
Equivalent test weight means the weight, within an inertia weight
class, which is used in the dynamometer testing of a vehicle and which
is based on its loaded vehicle weight or adjusted loaded vehicle weight
in accordance with the provisions of subparts A and B of this part.
Gaseous fuel means natural gas or liquefied petroleum gas.
Generic service and repair information means information which is
not specific for an original equipment manufacturer's brand of tools and
equipment.
Heavy light-duty truck means any light-duty truck rated greater than
6000 lbs GVWR.
Indirect information means any information that is not specifically
contained in the service literature, but is contained in items such as
tools or equipment provided to franchised dealers (or others).
Intermediary means any individual or entity, other than an original
equipment manufacturer, which provides service or equipment to
automotive technicians.
Intermediate Temperature Cold Testing means testing done pursuant to
the driving cycle and testing conditions contained in 40 CFR part 86,
subpart C, at temperatures between 25 [deg]F (-4 [deg]C) and 68 [deg]F
(20 [deg]C).
Light-duty truck 1 means any light light-duty truck up through 3750
lbs loaded vehicle weight.
Light-duty truck 2 means any light light-duty truck greater than
3750 lbs loaded vehicle weight.
[[Page 224]]
Light-duty truck 3 means any heavy light-duty truck up through 5750
lbs adjusted loaded vehicle weight.
Light-duty truck 4 means any heavy light-duty truck greater than
5750 lbs adjusted loaded vehicle weight.
Light light-duty truck means any light-duty truck rated up through
6000 lbs GVWR.
Liquefied petroleum gas means a liquid hydrocarbon fuel that is
stored under pressure and is composed primarily of species that are
gases at atmospheric conditions (temperature = 25 [deg]C and pressure =
1 atm), excluding natural gas.
Multi-fuel means capable of operating on two or more different fuel
types, either separately or simultaneously.
Natural gas means a fuel whose primary constituent is methane.
Non-Methane Hydrocarbon Equivalent means the sum of the carbon mass
emissions of non-oxygenated non-methane hydrocarbons, methanol,
formaldehyde, or other organic compounds that are separately measured,
expressed as gasoline-fueled vehicle hydrocarbons. In the case of
exhaust emissions, the hydrogen-to-carbon ratio of the equivalent
hydrocarbon is 1.85:1. In the case of diurnal and hot soak emissions,
the hydrogen-to-carbon ratios of the equivalent hydrocarbons are 2.33:1
and 2.2:1, respectively.
Petroleum fuel means liquid fuels normally derived from crude oil,
excluding liquefied petroleum gas. Gasoline and diesel fuel are
petroleum fuels.
Test weight basis means the basis on which equivalent test weight is
determined in accordance with Sec. 86.129-94 of subpart B of this part.
Useful life means:
(a) For light-duty vehicles, and for model year 1994 and later light
light-duty trucks not subject to the Tier 0 standards of paragraph (a)
of Sec. 86.094-9, intermediate useful life and/or full useful life.
Intermediate useful life is a period of use of 5 years or 50,000 miles,
whichever occurs first. Full useful life is a period of use of 10 years
or 100,000 miles, whichever occurs first, except as otherwise noted in
Sec. 86.094-9.
(b) For light light-duty trucks subject to the Tier 0 standards of
paragraph (a) of Sec. 86.094-9, and for heavy light-duty truck engine
families, intermediate and/or full useful life. Intermediate useful life
is a period of use of 5 years or 50,000 miles, whichever occurs first.
Full useful life is a period of use of 11 years or 120,000 miles,
whichever occurs first.
(c) For an Otto-cycle heavy-duty engine family, a period of use of 8
years or 110,000 miles, whichever first occurs.
(d) For a diesel heavy-duty engine family:
(1) For light heavy-duty diesel engines, period of use of 8 years or
110,000 miles, whichever first occurs.
(2) For medium heavy-duty diesel engines, a period of use of 8 years
or 185,000 miles, whichever first occurs.
(3) For heavy-duty diesel engines, a period of use of 8 years or
290,000 miles, whichever first occurs, except as provided in paragraph
(d)(4) of this definition.
(4) for heavy heavy-duty diesel engines used in urban buses, for the
particulate standard, a period of use of 10 years or 290,000 miles,
whichever first occurs.
(e) As an option for both light-duty trucks under certain conditions
and heavy-duty engine families, an alternative useful life period
assigned by the Administrator under the provisions of paragraph (f) of
Sec. 86.094-21.
(f) The useful-life period for purposes of the emissions defect
warranty and emissions performance warranty shall be a period of 5
years/50,000 miles, whichever first occurs, for light-duty trucks, Otto-
cycle heavy-duty engines and light heavy-duty diesel engines. For all
other heavy-duty diesel engines the aforementioned period is 5 years/
100,000 miles, whichever first occurs. However, in no case may this
period be less than the manufacturer's basic mechanical warranty period
for the engine family.
[56 FR 25739, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 58
FR 4002, Jan. 12, 1993; 58 FR 9485, Feb. 19, 1993; 58 FR 15799, Mar. 24,
1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 60 FR
40496, Aug. 9, 1995]
Sec. 86.094-3 Abbreviations.
(a) The abbreviations in Sec. 86.090-3 remain effective. The
abbreviations in this section apply beginning with the 1994 model year.
[[Page 225]]
(b) The abbreviations in this section apply to this subpart, and
also to subparts B, E, F, H, M, N and P of this part, and have the
following meanings:
ALVW--Adjusted Loaded Vehicle Weight
LPG--Liquefied Petroleum Gas
NMHC--Nonmethane Hydrocarbons
NMHCE--Non-Methane Hydrocarbon Equivalent
PM--Particulate Matter
THC--Total Hydrocarbons
[56 FR 25740, June 5, 1991, as amended at 58 FR 33208, June 16, 1993; 59
FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995]
Sec. 86.094-7 Maintenance of records; submittal of information; right of
entry.
Section 86.094-7 includes text that specifies requirements that
differ from Sec. 86.091-7. Where a paragraph in Sec. 86.091-7 is
identical and applicable to Sec. 86.094-7, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 86.091-7.'' Where a corresponding paragraph of
Sec. 86.091-7 is not applicable, this is indicated by the statement
``[Reserved].''
(a) Introductory text through (a)(2) [Reserved]. For guidance see
Sec. 86.091-7.
(a)(3) All records, other than routine emission test records,
required to be maintained under this subpart shall be retained by the
manufacturer for a period of eight (8) years after issuance of all
certificates of conformity to which they relate. Routine emission test
records shall be retained by the manufacturer for a period of one (1)
year after issuance of all certificates of conformity to which they
relate. Records may be retained as hard copy or reduced to microfilm,
punch cards, etc., depending on the record retention procedures of the
manufacturer, provided, that in every case all the information contained
in the hard copy shall be retained.
(b)-(c)(2) [Reserved]. For guidance see Sec. 86.091-7.
(c)(3) The manufacturer (or contractor for the manufacturer, if
applicable) shall retain all records required to be maintained under
this section for a period of eight (8) years from the due date for the
end-of-model year averaging, trading, and banking reports. Records may
be retained as hard copy or reduced to microfilm, ADP files, etc.,
depending on the manufacturer's record retention procedure, provided
that in every case all the information contained in the hard copy is
retained.
(c)(4)-(d)(1)(v) [Reserved]. For guidance see Sec. 86.091-7.
(d)(1)(vi) Any facility where any record or other document relating
to the information specified in paragraph (h) of this section is
located.
(2) Upon admission to any facility referred to in paragraph (d)(1)
of this section, any EPA Enforcement Officer or any EPA authorized
representative shall be allowed:
(i) To inspect and monitor any part or aspect of such procedures,
activities, and testing facilities, including, but not limited to,
monitoring vehicle (or engine) preconditioning, emissions tests and
mileage (or service) accumulation, maintenance, and vehicle soak and
storage procedures (or engine storage procedures), and to verify
correlation or calibration of test equipment;
(ii) To inspect and make copies of any such records, designs, or
other documents, including those records specified in Sec. 86.091-7(c);
and
(iii) To inspect and make copies of any such records, designs or
other documents including those records specified in paragraph (h) of
this section; and
(iv) To inspect and/or photograph any part or aspect of any such
certification vehicle (or certification engine) and any components to be
used in the construction thereof.
(d)(3)-(g) [Reserved]. For guidance see Sec. 86.091-7.
(h)(1) The manufacturer (or contractor for the manufacturer, if
applicable) of any model year 1994 through 1997 light-duty vehicle or
light light-duty truck or model year 1994 through 1998 heavy light-duty
truck that is certified shall establish, maintain, and retain the
following adequately organized and indexed records for each such
vehicle:
(i) EPA engine family;
(ii) Vehicle identification number;
(iii) Model year and production date;
(iv) Shipment date;
(v) Purchaser; and
(vi) Purchase contract.
[[Page 226]]
(2) In addition, the manufacturer (or contractor for the
manufacturer, if applicable) of each certified engine family shall
establish, maintain, and retain adequately organized records of the
actual U.S. sales volume for the model year for each engine family. The
manufacturer may petition the Administrator to allow actual volume
produced for U.S. sale to be used in lieu of actual U.S. sales. Such
petition shall be submitted within 30 days of the end of the model year
to the Manufacturer Operations Division. For the petition to be granted,
the manufacturer must establish to the satisfaction of the Administrator
that actual production volume is functionally equivalent to actual sales
volume.
(3) The manufacturer (or contractor for the manufacturer, if
applicable) shall retain all records required to be maintained under
this section for a period of eight (8) years from the due date for the
applicable end-of-model year report. Records may be retained as hard
copy or reduced to microfilm, ADP film, etc., depending on the
manufacturer's record retention procedure, provided that in every case
all the information contained in the hard copy is retained.
(4) Nothing in this section limits the Administrator's discretion in
requiring the manufacturer to retain additional records or submit
information not specifically required by this section.
(5) Pursuant to a request made by the Administrator, the
manufacturer shall submit to him the information that is required to be
retained.
(6) Voiding a certificate. (i) EPA may void ab initio a certificate
for a vehicle certified to Tier 0 certification standards for which the
manufacturer fails to retain the records required in this section or to
provide such information to the Administrator upon request.
(ii) EPA may void ab initio a certificate for a 1994 or 1995 model
year light-duty vehicle or light-duty truck that is not certified in
compliance with the cold temperature CO standard for which the
manufacturer fails to retain the records required in this section or to
provide such information to the Administrator upon request.
(iii) Any voiding ab initio of a certificate under Sec. 86.094-7(c)
and paragraph (h) of this section will be made only after the
manufacturer concerned has been offered an opportunity for a hearing
conducted in accordance with Sec. 86.614 for light-duty vehicles or
under Sec. 86.1014 for light-duty trucks and heavy-duty engines.
(i) Any voiding ab initio of a certificate under Sec. 86.091-7 (c)
and paragraph (h) of this section will be made only after the
manufacturer concerned has been offered an opportunity for a hearing
conducted in accordance with Sec. 86.614 for light-duty vehicles or
under Sec. 86.1014 for light-duty trucks and heavy-duty engines.
[56 FR 25740, June 5, 1991, as amended at 57 FR 31897, July 17, 1992]
Sec. 86.094-8 Emission standards for 1994 and later model year light-duty
vehicles.
Section 86.094-8 includes text that specifies requirements that
differ from Sec. 86.090-8. Where a paragraph in Sec. 86.090-8 is
identical and applicable to Sec. 86.094-8, 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) Exhaust emissions from 1994 and later model
year vehicles (optional for 1994 through 1996 model year gaseous-fueled
vehicles) shall meet all standards in tables A94-2, A94-3, A94-5 and
A94-6 in the rows designated with the applicable fuel type, according to
the implementation schedule in tables A94-1 and A94-4, as follows:
(A)(1)(i) A minimum of the percentage shown in table A94-1 of a
manufacturer's sales of the applicable model year's light-duty vehicles
shall not exceed the applicable Tier 1 standards in table A94-2 and
shall not exceed the applicable Tier 1 standards in table A94-3. The
remaining vehicles shall not exceed the applicable Tier 0 standards in
table A94-2.
(ii) Optionally, a minimum of the percentage shown in table A94-1 of
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the
applicable Tier 1 standards.
[[Page 227]]
Under this option, the light-duty vehicles shall not exceed the
applicable Tier 1 standards in table A94-2 and shall not exceed the
applicable Tier 1 standards in table A94-3. Further, the light light-
duty trucks shall not exceed the applicable Tier 1 standards in table
A94-8 of Sec. 86.094-9 and shall not exceed the applicable Tier 1
standards of table A94-9 of Sec. 86.094-9. The remaining percentage of
the manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the
corresponding Tier 0 standards.
(2) A minimum of the percentage shown in table A94-4 of a
manufacturer's sales of the applicable model year's light-duty vehicles
shall not exceed the applicable Tier 1 standards in table A94-5 and
shall not exceed the applicable Tier 1 standards in table A94-6. The
remaining vehicles shall not exceed the applicable Tier 0 standards in
table A94-5.
Table A94-1--Implementation Schedule for Light-Duty Vehicles for HCs, CO
and NOX
------------------------------------------------------------------------
Tier 1
Model year percentage
------------------------------------------------------------------------
1994....................................................... 40
1995....................................................... 80
After 1995................................................. 100
------------------------------------------------------------------------
Table A94-2--Intermediate Useful Life 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 1........ 0.41 0.25 ......... ......... 3.4 0.4
Diesel........................ Tier 0........ 0.41 ......... ......... ......... 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 1........ ......... ......... 0.41 0.25 3.4 0.4
Natural Gas................... Tier 0........ ......... 0.34 ......... ......... 3.4 1.0
Natural Gas................... Tier 1........ ......... 0.25 ......... ......... 3.4 0.4
LPG........................... Tier 0........ 0.41 ......... ......... ......... 3.4 1.0
LPG........................... Tier 1........ 0.41 0.25 ......... ......... 3.4 0.4
----------------------------------------------------------------------------------------------------------------
Table A94-3--Full Useful Life 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 0.6
Diesel....................... Tier 0........ ......... ......... ......... ......... ......... ..........
Diesel....................... Tier 1........ ......... 0.31 ......... ......... 4.2 1.25
Methanol..................... Tier 0........ ......... ......... ......... ......... ......... ..........
Methanol..................... Tier 1........ ......... ......... ......... 0.31 4.2 0.6
Natural Gas.................. Tier 0........ ......... ......... ......... ......... ......... ..........
Natural Gas.................. Tier 1........ ......... 0.31 ......... ......... 4.2 0.6
LPG.......................... Tier 0........ ......... ......... ......... ......... ......... ..........
LPG.......................... Tier 1........ ......... 0.31 ......... ......... 4.2 0.6
----------------------------------------------------------------------------------------------------------------
Table A94-4--Implementation Schedule for Light-Duty Vehicles for PM
------------------------------------------------------------------------
Tier 1
Model year percentage
------------------------------------------------------------------------
1994....................................................... 40
1995....................................................... 80
After 1995................................................. 100
------------------------------------------------------------------------
Table A94-5--Intermediate Useful Life Standards (g/mi) for Light-Duty
Vehicles for PM
------------------------------------------------------------------------
Fuel Standards PM
------------------------------------------------------------------------
Gasoline................................... Tier 0.......... .........
[[Page 228]]
Gasoline................................... Tier 1.......... 0.08
Diesel..................................... Tier 0.......... 0.20
Diesel..................................... Tier 1.......... 0.08
Methanol................................... Tier 0.......... \1\ 0.20
Methanol................................... Tier 1.......... 0.08
Natural Gas................................ Tier 0.......... \1\ 0.20
Natural Gas................................ Tier 1.......... 0.08
LPG........................................ Tier 0.......... \1\ 0.20
LPG........................................ Tier 1.......... 0.08
------------------------------------------------------------------------
\1\ Applicable only to diesel-cycle vehicles.
Table A94-6--Full Useful Life Standards (g/mi) for Light-Duty Vehicles
for PM
------------------------------------------------------------------------
Fuel Standards PM
------------------------------------------------------------------------
Gasoline................................... Tier 0.......... .........
Gasoline................................... Tier 1.......... 0.10
Diesel..................................... Tier 0.......... .........
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
------------------------------------------------------------------------
(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)(1)(ii) of this section is taken, such
sales percentages shall be based on the total actual combined U.S. sales
of light-duty vehicles and light light-duty trucks of the applicable
model year by a manufacturer to a dealer, distributor, fleet operator,
broker, or any other entity which comprises the point of first sale.
(ii) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sale to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of tables A94-1 and A94-4 of this section. Such
petition shall be submitted within 30 days of the end of the model year
to the Manufacturers Operations Division. For the petition to be
granted, the manufacturer must establish to the satisfaction of the
Administrator that actual production volume is functionally equivalent
to actual sales volume.
(iii) The manufacturer may count toward the sales percentages light-
duty vehicles of the applicable model year that meet certain standards
for that same model year contained in Title 13, California Code of
Regulations, Section 1960.1, and the incorporated ``California Exhaust
Emission Standards and Test Procedures for 1988 and Subsequent Model
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.'' (Copies
may be obtained from Barclays Law Publishers, P.O. Box 3066, San
Francisco, CA 94080.) The relevant standards from that source are those
that are designated as phase-in standards for selected pollutants and
were first applied in the 1993 model year, as well as those for all
remaining pollutants that require compliance at the one hundred percent
level. If this option is taken, all light-duty vehicles sold in
jurisdictions adopting such standards shall be counted toward the total
upon which the sales percentage is based. If this option is not taken,
light-duty vehicles sold in such jurisdictions are to be excluded from
counting toward either the total upon which
[[Page 229]]
the sales percentage is based or the sales percentage itself.
(iv) Small volume manufacturers, as defined in Sec. 86.092-14
(b)(1) and (2), are exempt from the implementation schedules of tables
A94-1 and A94-4 of this section for model years 1994 and 1995. For small
volume manufacturers, Tier 0 standards of tables A94-2 and A94-5
continue to apply until model year 1996 when one hundred percent
compliance with the Tier 1 standards of tables A94-2, A94-3, A94-5, and
A94-6 is required. This exemption does not apply to small volume engine
families as defined in Sec. 86.092-14 (b)(5).
(2)(i) Where the required implementation schedule sales percentages
for in-use purposes, as prescribed in subpart H of this part, are the
same in a given model year as the required implementation schedule sales
percentages for certification purposes, as prescribed in this section,
the same engine families must comprise the respective percentages.
(ii) Where the required implementation schedule sales percentages
for in-use purposes differ from implementation schedule sales
percentages for certification purposes in a particular model year, the
manufacturer must designate, at the time of Application for
Certification, which families will meet each applicable in-use phase-in
percentage.
(3) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain the required
implementation schedule sales percentages for certification purposes.
(4) A manufacturer can not use one set of engine families to meet
its intermediate useful life standards and another to meet its full
useful life standards. The same families which are used to meet the
intermediate useful life standards will be required without deviation to
meet the corresponding full useful life standards.
(ii) A manufacturer may elect to include all or some of its diesel-
cycle light-duty vehicle engine families subject to the Tier 0 standards
in the appropriate particulate averaging program (petroleum or
methanol), provided that vehicles produced for sale in California or in
designated high-altitude areas may be averaged only within each of these
areas. Averaging is not permitted between fuel types. If the
manufacturer elects to average light-duty vehicles and light-duty trucks
together in the appropriate particulate averaging program, its composite
particulate standard applies to the combined set of light-duty vehicles
and light-duty trucks included in the average and is calculated as
defined in Sec. 86.090-2.
(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.
(b) Fuel evaporative emissions from 1994 and later model year light-
duty vehicles shall not exceed (compliance with these standards is
optional for 1994 model year methanol-fueled engines):
(1) Hydrocarbons (for gasoline-fueled vehicles). 2.0 grams per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 2.0
grams carbon per test.
(3) The standards set forth in paragraphs (b) (1) and (2) of this
section refers to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1994 and later model year Otto-cycle, or methanol-or
gaseous-fueled diesel light-duty vehicle. This requirement is optional
for 1994 through 1996 model year gaseous-fueled light-duty vehicles.
(d)-(f) [Reserved]. For guidance see Sec. 86.090-8.
(g) Any 1994 and later model year light-duty vehicle that a
manufacturer wishes to certify for sale shall meet the emission
standards under both low- and high-altitude conditions as specified in
[[Page 230]]
Sec. 86.082-2, except as provided in paragraphs (h) and (i) of this
section. Vehicles shall meet emission standards under both low- and
high-altitude conditions without manual adjustments or modifications.
Any emission control device used to meet emission standards under high-
altitude conditions shall initially actuate (automatically) no higher
than 4,000 feet above sea level.
(h) The manufacturer may exempt 1994 and later model year vehicles
from compliance at high altitude with the emission standards set forth
in paragraphs (a) and (b) of this section if the vehicles are not
intended for sale at high altitude and if the requirements of paragraphs
(h) (1) and (2) of this section are met.
(1) A vehicle con fig u ra tion shall only be considered eligible
for exemption under paragraph (h) of this section if the requirements of
either paragraph (h)(1) (i), (ii), (iii), or (iv) of this section are
met.
(i) Its design parameters (displacement-to-weight ratio (D/W) and
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted
range for that manufacturer for that year. The exempted range is
determined according to the following procedure:
(A) The manufacturer shall graphically display the D/W and N/V data
of all vehicle con fig u ra tions it will offer for the model year in
question. The axis of the abscissa shall be D/W (where (D) is the engine
displacement expressed in cubic centimeters and (W) is the equivalent
vehicle test weight expressed in pounds), and the axis of the ordinate
shall be N/V (where (N) is the crankshaft speed expressed in revolutions
per minute and (V) is the vehicle speed expressed in miles per hour). At
the manufacturer's option, either the 1:1 transmission gear ratio or the
lowest numerical gear ratio available in the transmission will be used
to determine N/V. The gear selection must be the same for all N/V data
points on the manufacturer's graph. For each transmission/axle ratio
combination, only the lowest N/V value shall be used in the graphical
display.
(B) The product line is then defined by the equation, N/V = C(D/W)
-0.9, where the constant, C, is determined by the requirement
that all the vehicle data points either fall on the line or lie to the
upper right of the line as displayed on the graphs.
(C) The exemption line is then defined by the equation, N/V = C(0.84
D/W) -0.9, where the constant, C, is the same as that found
in paragraph (h)(1)(i)(B) of this section.
(D) The exempted range includes all values of N/V and D/W which
simultaneously fall to the lower left of the exemption line as drawn on
the graph.
(ii) Its design parameters fall within the alternate exempted range
for that manufacturer that year. The alternate exempted range is
determined by substituting rated horsepower (hp) for displacement (D) in
the exemption procedure described in paragraph (h)(1)(i) of this section
and by using the product line N/V = C(hp/W) -0.9.
(A) Rated horsepower shall be determined by using the Society of
Automotive Engineers Test Procedure J 1349, June 1990, Engine Power Test
Code--Spark Ignition and Compression Ignition--Net Power Rating. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be obtained from SAE International, 400 Commonwealth Drive,
Warrendale, PA, 15096-0001. Copies may be inspected at U.S. EPA, OAR,
401 M St., SW., Washington, DC 20460, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. Any of the horsepower determinants within that test
procedure may be used, as long as it is used consistently throughout the
manufacturer's product line in any model year.
(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this
section to any manufacturer that has exempted vehicle con fig u ra tions
as set forth in paragraph (h)(1)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to
accelerate from 0 miles per hour to a speed not less than 40 miles per
hour and not greater than 50 miles per hour) under high-altitude
[[Page 231]]
conditions is greater than the largest acceleration time under low-
altitude conditions for that manufacturer for that year. The procedure
to be followed in making this determination is:
(A) The manufacturer shall list the vehicle con fig u ra tion and
acceleration time under low-altitude conditions of that vehicle con fig
u ra tion which has the highest acceleration time under low-altitude
conditions of all the vehicle con fig u ra tions it will offer for the
model year in question. The manufacturer shall also submit a description
of the methodology used to make this determination.
(B) The manufacturer shall then list the vehicle con fig u ra tions
and acceleration times under high-altitude conditions of all those
vehicle con fig u ra tions which have higher acceleration times under
high-altitude conditions than the highest acceleration time at low
altitude identified in paragraph (h)(1)(iii)(A) of this section.
(iv) In lieu of performing the test procedure of paragraphs
(h)(1)(iii) (A) and (B) of this section, its acceleration time can be
estimated based on the manufacturer's engineering evaluation, in
accordance with good engineering practice, to meet the exemption
criteria of paragraph (h)(1)(iii) of this section.
(2) A vehicle shall only be considered eligible for exemption under
this paragraph (h) if at least one con fig u ra tion of its model type
(and transmission con fig u ra tion in the case of vehicles equipped
with manual transmissions, excluding differences due to the presence of
overdrive) is certified to meet emission standards under high-altitude
conditions as specified in paragraphs (a) through (c) and (g) of this
section. The Certificate of Conformity (the Certificate) covering any
exempted con fig u ra tion(s) will also apply to the corresponding non-
exempt con fig u ra tion(s) required under this paragraph (h)(2). As a
condition to the exemption, any suspension, revocation, voiding, or
withdrawal of the Certificate as it applies to a non-exempt con fig u ra
tion for any reason will result in a suspension of the Certificate as it
applies to the corresponding exempted con fig u ra tion(s) of that model
type, unless there is at least one other corresponding non-exempt con
fig u ra tion of the same model type still covered by the Certificate.
The suspension of the Certificate as it applies to the exempted con fig
u ra tion(s) will be terminated when any one of the following occurs:
(i) Another corresponding non-exempt con fig u ra tion(s) receive(s)
coverage under the Certificate; or
(ii) Suspension of the Certificate as it applies to the
corresponding non-exempt con fig u ra tion(s) is terminated; or
(iii) The Agency's action(s), with respect to suspension,
revocation, voiding, or withdrawal of the Certificate as it applies to
the corresponding non-exempt con fig u ra tion(s), is reversed.
(3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph (h)
of this section will be considered a violation of section 203(a)(1) of
the Clean Air Act.
(i)(1) The manufacturers may exempt 1994 and later model year
vehicles from compliance at low altitude with the emission standards set
forth in paragraph (a) of this section and Sec. 86.090-8 (b) if the
vehicles:
(i) Are not intended for sale at low altitude; and
(ii) Are equipped with a unique, high-altitude axle ratio (rear-
wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel
drive vehicles) with a higher N/V ratio than other con fig u ra tions of
that model type which are certified in compliance with the emission
standards of paragraph (a) of this section and Sec. 86.090-8 (b) under
low-altitude conditions.
(2) The sale of a vehicle for principal use at low altitude that has
been exempted as set forth in paragraph (i)(1) of this section will be
considered a violation of section 203(a)(1) of the Clean Air Act.
(j) Any exempted light-duty vehicle that a manufacturer wishes to
certify for sale under the provisions of Sec. 86.090-8 (h) or paragraph
(i) of this section is subject to the provisions of subpart Q of this
part.
(k) Cold Temperature Carbon Monoxide (CO) Standards. (1) For
gasoline-fueled light-duty vehicles, a minimum of the percentage shown
in table A94-16 of a manufacturer's sales of the applicable model year's
light-duty vehicles shall
[[Page 232]]
not exceed the applicable cold temperature CO standard of 10.0 grams per
mile for an intermediate useful life of 50,000 miles, as measured and
calculated under the provisions set forth in subpart C of this part.
This standard applies under both low and high altitude conditions. At
the manufacturer's option, the manufacturer may combine the sales of
gasoline-fueled light-duty vehicles and gasoline-fueled light-duty
trucks in determining compliance with the required 1994 and 1995 model
year phase-in percentages as included in table A94-16.
(2)(i) Sales percentages for the purposes of determining compliance
with paragraph (k)(1) of this section shall be based on total actual
and, at the manufacturer's option, combined U.S. sales of light-duty
vehicles, light light-duty trucks, and heavy light-duty trucks of the
applicable model year by a manufacturer to a dealer, distributor, fleet
operator, broker, or any other entity which comprises the point of first
sale.
(ii) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sales to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of table A94-16. Such petition shall be submitted
within 30 days of the end of the model year the Manufacturers Operations
Division. For the petition to be granted, the manufacturer must
establish to the satisfaction of the Administrator that actual
production volume is functionally equivalent to actual sales volume.
(iii) The manufacturer may count towards the sales percentages those
light-duty vehicles, light light-duty trucks, and heavy light-duty
trucks of the applicable model year sold in the state of California or
in jurisdictions which have adopted the California emission standards
under section 177 of the Clean Air Act if those light-duty vehicles,
light light-duty trucks, and heavy light-duty trucks certified have been
to meet the federally mandated cold CO standards. If this option is
taken, all light-duty vehicles, light light-duty trucks, and heavy
light-duty trucks sold in California and such jurisdictions shall be
counted toward the total upon which the sales percentage is based. If
this option is not taken, light-duty vehicles, light light-duty trucks,
and heavy light-duty trucks sold in California or such jurisdictions are
to be excluded from counting toward either the total upon which the
sales percentage is based or the sales percentage itself.
(iv) Small volume manufacturers, as defined in Sec. 86.092-14(b)
(1) and (2), are exempt from the implementation schedules of table A94-
16 for model years 1994 and 1995. This exemption does not apply to small
volume engine families as defined in Sec. 86.092-14(b)(5).
(v) The manufacturer must state at the time of applying for the
Certificate, based on projected U.S. sales or projected production for
U.S. sale, which engine families will be used to attain the required
implementation schedule sales percentages.
[56 FR 25740, June 5, 1991, as amended at 57 FR 31898, July 17, 1992; 59
FR 48494, Sept. 21, 1994; 62 FR 47120, Sept. 5, 1997]
Sec. 86.094-9 Emission standards for 1994 and later model year light-duty
trucks.
(a)(1) Standards--(i) Light light-duty trucks. Exhaust emission from
1994 and later model year light light-duty trucks shall meet all
standards in Tables A94-8, A94-9, A94-11 and A94-12 in the rows
designated with the applicable fuel type and loaded vehicle weight,
according to the implementation schedule in Tables A94-7 and A94-10 as
follows (optional for 1994 through 1996 model year gaseous-fueled light
light-duty trucks):
(A)(1)(i) A minimum of the percentage shown in table A94-7 of a
manufacturer's sales of the applicable model year's light light-duty
trucks shall not exceed the applicable Tier 1 standards in table A94-8
and shall not exceed the applicable Tier 1 standards in table A94-9. The
remaining vehicles shall not exceed the applicable Tier 0 standards in
table A94-9.
(ii) Optionally, a minimum of the percentage shown in table A94-7 of
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the
applicable Tier 1 standards. Under this option, the light-duty vehicles
shall not exceed the applicable
[[Page 233]]
Tier 1 standards in table A94-2 of Sec. 86.094-8 and shall not exceed
the applicable Tier 1 standards in table A94-3 of Sec. 86.094-8.
Further, the light light-duty trucks shall not exceed the applicable
Tier 1 standards in table A94-8 and shall not exceed the applicable Tier
1 standards of table A94-9. The remaining percentage of the
manufacturer's combined sales of the applicable model year's light-duty
vehicles and light light-duty trucks shall not exceed the corresponding
Tier 0 standards.
(2) A minimum of the percentage shown in table A94-10 of a
manufacturer's sales of the applicable model year's light light-duty
trucks shall not exceed the applicable Tier 1 standards in table A94-11
and shall not exceed the applicable Tier 1 standards in table A94-12.
The remaining vehicles shall not exceed the applicable Tier 0 standards
in table A94-12.
Table A94-7--Implementation Schedule for Light Light-Duty Trucks for
HCs, CO, and NOX
------------------------------------------------------------------------
Tier 1
Model year percentage
------------------------------------------------------------------------
1994....................................................... 40
1995....................................................... 80
After 1995................................................. 100
------------------------------------------------------------------------
Table A94-8--Intermediate Useful Life 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..................... ......... ......... ......... ......... ......... .........
Gasoline................................... 0-3750 Tier 1..................... ......... 0.25 ......... ......... 3.4 0.4
Gasoline................................... 3751-5750 Tier 0..................... ......... ......... ......... ......... ......... .........
Gasoline................................... 3751-5750 Tier 1..................... ......... 0.32 ......... ......... 4.4 0.7
Diesel..................................... 0-3750 Tier 0..................... ......... ......... ......... ......... ......... .........
Diesel..................................... 0-3750 Tier 1..................... ......... 0.25 ......... ......... 3.4 1.0
Diesel..................................... 3751-5750 Tier 0..................... ......... ......... ......... ......... ......... .........
Diesel..................................... 3751-5750 Tier 1..................... ......... 0.32 ......... ......... 4.4 .........
Methanol................................... 0-3750 Tier 0..................... ......... ......... ......... ......... ......... .........
Methanol................................... 0-3750 Tier 1..................... ......... ......... ......... 0.25 3.4 0.4
Methanol................................... 3751-5750 Tier 0..................... ......... ......... ......... ......... ......... .........
Methanol................................... 3751-5750 Tier 1..................... ......... ......... ......... 0.32 4.4 0.7
Natural Gas................................ 0-3750 Tier 0..................... ......... ......... ......... ......... ......... .........
Natural Gas................................ 0-3750 Tier 1..................... ......... 0.25 ......... ......... 3.4 0.4
Natural Gas................................ 3751-5750 Tier 0..................... ......... ......... ......... ......... ......... .........
Natural Gas................................ 3751-5750 Tier 1..................... ......... 0.32 ......... ......... 4.4 0.7
LPG........................................ 0-3750 Tier 0..................... ......... ......... ......... ......... ......... .........
LPG........................................ 0-3750 Tier 1..................... ......... 0.25 ......... ......... 3.4 0.4
LPG........................................ 3751-5750 Tier 0..................... ......... ......... ......... ......... ......... .........
LPG........................................ 3751-5750 Tier 1..................... ......... 0.32 ......... ......... 4.4 0.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table A94-9--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel LVW (lbs) Standards THC1 NMHC THCE1 NMHCE CO NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................... 0-3750 Tier 0.................... 0.80 ......... ......... ......... 10 1.2
Gasoline...................................... 0-3750 Tier 1.................... 0.80 0.31 ......... ......... 4.2 0.6
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 0.6
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.................... ......... 0.67 ......... ......... 10 1.2
Natural Gas................................... 0-3750 Tier 1.................... ......... 0.31 ......... ......... 4.2 0.6
Natural Gas................................... 3751-5750 Tier 0.................... ......... 0.67 ......... ......... 10 1.7
Natural Gas................................... 3751-5750 Tier 1.................... ......... 0.40 ......... ......... 5.5 0.97
[[Page 234]]
LPG........................................... 0-3750 Tier 0.................... 0.80 ......... ......... ......... 10 1.2
LPG........................................... 0-3750 Tier 1.................... 0.80 0.31 ......... ......... 4.2 0.6
LPG........................................... 3751-5750 Tier 0.................... 0.80 ......... ......... ......... 10 1.7
LPG........................................... 3751-5750 Tier 1.................... 0.80 0.40 ......... ......... 5.5 0.97
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Full useful life is 11 years or 120,000 miles, whichever occurs first.
Table A94-10--Implementation Schedule for Light Light-Duty Trucks for PM
------------------------------------------------------------------------
Tier 1
Model year Percentage
------------------------------------------------------------------------
1994....................................................... 0
1995....................................................... 40
1996....................................................... 80
After 1996................................................. 100
------------------------------------------------------------------------
Table A94-11--Intermediate Useful Life 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......... .........
Diesel........................ 0-3750 Tier 1......... 0.08
Diesel........................ 3751-5750 Tier 0......... .........
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......... .........
Natural Gas................... 0-3750 Tier 1......... 0.08
Natural Gas................... 3751-5750 Tier 0......... .........
Natural Gas................... 3751-5750 Tier 1......... 0.08
LPG........................... 0-3750 Tier 0......... .........
LPG........................... 0-3750 Tier 1......... 0.08
LPG........................... 3751-5750 Tier 0......... .........
LPG........................... 3751-5750 Tier 1......... 0.08
------------------------------------------------------------------------
Table A94-12--Full Useful Life 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......... .........
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......... \1\ 0.26
Methanol...................... 0-3750 Tier 1......... 0.10
Methanol...................... 3751-5750 Tier 0......... \1\ 0.13
Methanol...................... 3751-5750 Tier 1......... 0.10
Natural Gas................... 0-3750 Tier 0......... \1\ 0.26
Natural Gas................... 0-3750 Tier 1......... 0.10
Natural Gas................... 3751-5750 Tier 0......... \1\ 0.13
Natural Gas................... 3751-5750 Tier 1......... 0.10
LPG........................... 0-3750 Tier 0......... \1\ 0.26
LPG........................... 0-3750 Tier 1......... 0.10
LPG........................... 3751-5750 Tier 0......... \1\ 0.13
LPG........................... 3751-5750 Tier 1......... 0.10
------------------------------------------------------------------------
\1\ Applicable only to diesel-cycle vehicles.
[[Page 235]]
(B)(1)(i) Sales percentages for the purposes of determining
compliance with paragraph (a)(1)(i)(A) of this section shall be based on
total actual U.S. sales of light light-duty trucks of the applicable
model year by a manufacturer to a dealer, distributor, fleet operator,
broker, or any other entity which comprises the point of first sale. If
the option of paragraph (a)(1)(i)(A)(1)(ii) of this section is taken,
such sales percentages shall be based on the total actual combined U.S.
sales of light-duty vehicles and light light-duty trucks of the
applicable model year by a manufacturer to a dealer, distributor, fleet
operator, broker, or any other entity which comprises the point of first
sale.
(ii) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sales to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of tables A94-7 and A94-10 of this section. Such
petition shall be submitted within 30 days of the end of the model year
to the Manufacturers Operations Division. For the petition to be
granted, the manufacturer must establish to the satisfaction of the
Administrator that actual production volume is functionally equivalent
to actual sales volume.
(iii) The manufacturer may count toward the sales percentages light
light-duty trucks of the applicable model year that meet certain
standards for that same model year contained in Title 13, ``California
Code of Regulations, Section 1960.1, and the incorporated California
Exhaust Emission Standards and Test Procedures for 1988 and Subsequent
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.''
(Copies may be obtained from Barclays Law Publishers, P.O. Box 3066, San
Francisco, CA 94080.) The relevant standards from that source are those
that are designated as phase-in standards for selected pollutants and
were first applied in the 1993 model year, as well as those for all
remaining pollutants that require compliance at the one hundred percent
level. If this option is taken, all light light-duty trucks sold in
jurisdictions adopting such standards shall be counted toward the total
upon which the sales percentage is based. If this option is not taken,
light light-duty trucks sold in such jurisdictions are to be excluded
from counting toward either the total upon which the sales percentage is
based or the sales percentage itself.
(iv) Small volume manufacturers, as defined in Sec. 86.092-14(b)
(1) and (2), are exempt from the implementation schedules of table A94-7
of this section for model years 1994 and 1995 and from the
implementation schedules of table A94-10 of this section for model years
1995 and 1996. For small volume manufacturers, the Tier 0 standards of
table A94-9 continue to apply until model year 1996, and the Tier 0
standards of table A94-12 continue to apply until model year 1997, when
one hundred percent compliance with the Tier 1 standards of tables A94-
8, A94-9, A94-11, and A94-12 is required. This exemption does not apply
to small volume engine families as defined in Sec. 86.092-14(b)(5).
(2)(i)Where the required implementation schedule sales percentages
for in-use purposes, as prescribed in subpart H of this part, are the
same in a given model year as the required implementation schedule sales
percentages for certification purposes, as prescribed in this section,
the same engine families must comprise the respective percentages.
(ii) Where the required implementation schedule sales percentages
for in-use purposes differ from implementation schedule sales
percentages for certification purposes in a particular model year, the
manufacturer must designate, at the time of Application for
Certification, which families will meet each applicable in-use phase-in
percentage.
(3) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain the required
implementation schedule sales percentages for certification purposes.
(4) A manufacturer can not use one set of engine families to meet
its intermediate useful life standards and another to meet its full
useful life standards. The same families which are used to meet the
intermediate useful life
[[Page 236]]
standards will be required without deviation to meet the corresponding
full useful life standards.
(ii) Heavy light-duty trucks. Exhaust emissions from 1994 and later
model year heavy light-duty trucks shall meet all standards in Tables
A94-14 and A94-15 in the rows designated with the applicable fuel type
and loaded vehicle weight or adjusted loaded vehicle weight, as
applicable, according to the implementation schedule in Table A94-13, as
follows (optional for 1994 through 1996 model year gaseous-fueled heavy
light-duty trucks):
(A) A minimum of the percentage shown in table A94-13 of a
manufacturer's sales of the applicable model year's heavy light-duty
trucks shall not exceed the applicable Tier 1 standards in table A94-14
and shall not exceed the applicable Tier 1 standards in table A94-15.
The remaining vehicles shall not exceed the applicable Tier 0 standards
in table A94-15.
Table A94-13--Implementation Schedule for Heavy Light-Duty Trucks for
HCs, CO, NOX and PM
------------------------------------------------------------------------
Tier 1
Model year percentage
------------------------------------------------------------------------
1994....................................................... 0
1995....................................................... 0
1996....................................................... 50
after 1996................................................. 100
------------------------------------------------------------------------
Table A94-14--Intermediate Useful Life Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO, NOX and PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel ALVW (lbs) Standards THC NMHC THCE NMHCE CO NOX PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline........................................ 3751-5750 Tier 0......................... ....... ....... ....... ....... ..... ..... .......
Gasoline........................................ 3751-5750 Tier 1......................... ....... 0.32 ....... ....... 4.4 0.7 .......
Gasoline........................................ 5750
Gasoline........................................ 5750
Diesel.......................................... 3751-5750 Tier 0......................... ....... ....... ....... ....... ..... ..... .......
Diesel.......................................... 3751-5750 Tier 1......................... ....... 0.32 ....... ....... 4.4 ..... .......
Diesel.......................................... 5750
Diesel.......................................... 5750
Methanol........................................ 3751-5750 Tier 0......................... ....... ....... ....... ....... ..... ..... .......
Methanol........................................ 3751-5750 Tier 1......................... ....... ....... ....... 0.32 4.4 0.7 .......
Methanol........................................ 5750
Methanol........................................ 5750
Natural Gas..................................... 3751-5750 Tier 0......................... ....... ....... ....... ....... ..... ..... .......
Natural Gas..................................... 3751-5750 Tier 1......................... ....... 0.32 ....... ....... 4.4 0.7 .......
Natural Gas..................................... 5750
Natural Gas..................................... 5750
LPG............................................. 3751-5750 Tier 0......................... ....... ....... ....... ....... ..... ..... .......
LPG............................................. 3751-5750 Tier 1......................... ....... 0.32 ....... ....... 4.4 0.7 .......
LPG............................................. 5750
LPG............................................. 5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table A94-15--Full Useful Life Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO, NOX and PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel LVW (lbs) ALVW (lbs) Standards THC NMHC THCE NMHCE CO NOX PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline.................................. 0-3750 .......... Tier 0.................. 0.80 ....... ....... ......... 10 1.2 .......
Gasoline.................................. 5750
Diesel.................................... 0-3750 .......... Tier 0.................. 0.80 ....... ....... ......... 10 1.20 0.26
Diesel.................................... 5750
Methanol.................................. 0-3750 .......... Tier 0.................. ....... ....... 0.80 ......... 10 1.2 \1\
0.26
Methanol.................................. 5750
Natural Gas............................... 0-3750 .......... Tier 0.................. ....... 0.67 ....... ......... 10 1.2 \1\
0.26
[[Page 237]]
Natural Gas............................... 5750
LPG....................................... 0-3750 .......... Tier 0.................. 0.80 ....... ....... ......... 10 1.2 \1\
0.26
LPG....................................... 5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Applicable only to diesel-cycle vehicles.
(B)(1)(i) Sales percentages for the purposes of determining
compliance with paragraph (a)(1)(ii)(A) of this section shall be based
on total actual U.S. sales of heavy light-duty trucks of the applicable
model year by a manufacturer to a dealer, distributor, fleet operator,
broker, or any other entity which comprises the point of first sale.
(ii) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sale to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of table A94-13 of this section. Such petition shall
be submitted within 30 days of the end of the model year to the
Manufacturers Operations Division. For the petition to be granted, the
manufacturer must establish to the satisfaction of the Administrator
that actual production volume is functionally equivalent to actual sales
volume.
(iii) The manufacturer may count toward the sales percentages heavy
light-duty trucks of the applicable model year that meet certain
standards for that same model year contained in Title 13, California
Code of Regulations, Section 1960.1, and the incorporated ``California
Exhaust Emission Standards and Test Procedures for 1988 and Subsequent
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.'' The
relevant standards from that source are those that are designated as
phase-in standards for selected pollutants and were first applied in the
1995 model year, as well as those for all remaining pollutants that
require compliance at the one hundred percent level. If this option is
taken, all heavy light-duty trucks sold in jurisdictions adopting such
standards shall be counted toward the total upon which the sales
percentage is based. If this option is not taken, heavy light-duty
trucks sold in such jurisdictions are to be excluded from counting
toward either the total upon which the sales percentage is based or the
sales percentage itself.
(iv) Small volume manufacturers, as defined in Sec. 86.092-14(b)
(1) and (2), are exempt from the implementation schedule of table A94-13
of this section for model year 1996. For small volume manufacturers, the
Tier 0 standards of table A94-15 continue to apply until model year
1997, when one hundred percent compliance with the Tier 1 standards of
tables A94-14 and A94-15 is required. This exemption does not apply to
small volume engine families as defined in Sec. 86.092-14(b)(5).
(2)(i) Where the required implementation schedule sales percentages
for in-use purposes, as prescribed in subpart H of this part, are the
same in a given model year as the required implementation schedule sales
percentages for certification purposes, as prescribed in this section,
the same engine families must comprise the respective percentages.
(ii) Where the required implementation schedule sales percentages
for in-use purposes differ from implementation schedule sales
percentages for certification purposes in a particular model year, the
manufacturer must designate, at the time of Application for
Certification, which families will meet each applicable in-use phase-in
percentage.
(3) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain
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the required implementation schedule sales percentages for certification
purposes.
(4) A manufacturer cannot use one set of engine families to meet its
intermediate useful life standards and another to meet its full useful
life standards. The same families which are used to meet the
intermediate useful life standards will be required without deviation to
meet the corresponding full useful life standards.
(iii) Exhaust emissions of carbon monoxide from 1994 and later model
year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow
at curb idle at a useful life of 11 years or 120,000 miles, whichever
first occurs (for Otto-cycle, and methanol-and gaseous-fueled diesel
light-duty trucks only--optional for 1994 through 1996 model year
gaseous-fueled light-duty trucks).
(iv)(A) A manufacturer may elect to include all or some of its
light-duty truck engine families subject to the Tier 0 standards in the
NOX averaging program, provided that it does not elect to pay
an NCP for noncompliance with any emission standard applicable to that
light-duty truck family. Trucks produced for sale in California or in
designated high-altitude areas may be averaged only within each of those
areas. Petroleum-fueled and methanol-fueled engine families may not be
averaged together. Otto-cycle and diesel engines families also may not
be averaged together. If the manufacturer elects to participate in the
NOX averaging program, individual family NOX
emission limits may not exceed 2.3 grams per mile. If the manufacturer
elects to average together NOX emissions of light-duty trucks
subject to different standards based on GVWR and loaded vehicle weight,
its composite NOX standard applies to the combined fleets of
light-duty trucks of all weight categories included in the average, and
is calculated as defined in Sec. 86.088-2.
(B) A manufacturer may elect to include any diesel light-duty truck
engine families subject to the Tier 0 standards in the appropriate
particulate averaging program (petroleum or methanol), provided that it
does not elect to pay an NCP for noncompliance with any emission
standard applicable to that light-duty truck family. Trucks produced for
sale in California or in designated high-altitude areas may be averaged
only within each of those areas, and light-duty trucks greater than
3,750 lbs loaded vehicle weight may be averaged only with other light-
duty trucks greater than 3,750 lbs loaded vehicle weight. Averaging is
not permitted between fuel types. If the manufacturer elects to average
both light-duty trucks 3,750 lbs loaded vehicle weight or less and
light-duty vehicles together in the appropriate particulate averaging
program, its composite particulate standard applies to the combined set
of light-duty vehicles and light-duty trucks included in the average and
is calculated as defined in Sec. 86.088-2.
(2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii)
of this section refer to the exhaust emitted over a driving schedule as
set forth in subpart B of this part and measured and calculated in
accordance with those procedures. The test weight basis for light light-
duty trucks, and for heavy light-duty trucks certified to the Tier 0
standards of this section, for the purposes of determining equivalent
test weight as prescribed in Sec. 86.129-94, shall be loaded vehicle
weight. The test weight basis for heavy light-duty trucks certified to
the Tier 1 standards of this section, for the purposes of determining
equivalent test weight as prescribed in 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.
(b) Fuel evaporative emissions from 1994 and later model year light-
duty trucks shall not exceed:
(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.0 grams
per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty
trucks). 2.0 grams per test.
(3) The standards set forth in paragraphs (b) (1) and (2) of this
section refer to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
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(c) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1994 and later model year light-duty truck. This
requirement is optional for 1994 through 1996 model year gaseous-fueled
light-duty trucks.
(d) The CO, NOX, and particulate standards set forth in
paragraphs (d)(1)(ii)(A), (d)(1)(iii), and (d)(1)(iv) of this section,
respectively, are applicable only to model year 1994 light-duty trucks
certified to the Tier 0 standards of paragraphs (a)(1)(i) and (a)(1)(ii)
of this section. The HC, THCE, and idle CO standards set forth in
paragraphs (d)(1)(i)(A), (d)(1)(i)(B) and (d)(1)(ii)(B) of this section,
respectively, are applicable only to model year 1994 light-duty trucks.
(1) Model year 1994 light-duty trucks sold for principal use at a
designated high-altitude location shall be capable of meeting the
following exhaust emission standards when tested under high-altitude
conditions:
(i)(A) Hydrocarbons (for Otto-cycle and diesel light-duty trucks
when fueled with petroleum fuel and/or liquefied petroleum gas). 1.0
grams per vehicle mile (0.62 grams per vehicle kilometer).
(B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and
diesel light-duty trucks). 1.0 gram per vehicle mile (0.62 gram per
vehicle kilometer).
(C) Nonmethane hydrocarbons (for Otto-cycle and diesel light-duty
trucks when fueled with natural gas). 0.83 gram per vehicle mile (0.52
gram per vehicle kilometer).
(ii) Carbon Monoxide. (A) 14 grams per vehicle mile (8.7 grams per
vehicle kilometer).
(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle
and methanol-fueled diesel light-duty trucks only).
(iii) Oxides of Nitrogen. (A) For light-duty trucks up to and
including 3,750 lbs. loaded vehicle weight, 1.2 grams per vehicle mile
(0.75 grams per vehicle kilometer).
(B) For light-duty trucks 3,751 lbs. and greater loaded vehicle
weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).
(iv) Particulate (for diesel light-duty trucks only). (A) For light-
duty trucks up to and including 3,750 lbs. loaded vehicle weight, 0.26
gram per vehicle mile (0.16 gram per vehicle kilometer).
(B) For light-duty trucks 3,751 lbs. and greater loaded vehicle
weight, 0.13 gram per vehicle mile (0.08 gram per vehicle kilometer).
(2) The standards set forth in paragraphs (d)(1)(i), (d)(1)(ii)(A),
(d)(1)(iii), and (d)(1)(iv) of this section refer to the exhaust emitted
over a driving schedule as set forth in subpart B of this part and
measured and calculated in accordance with those procedures. The
standard set forth in paragraph (d)(1)(ii)(B) of this section refers to
the exhaust emitted at curb idle and measured and calculated in
accordance with the procedures set forth in subpart P of this part.
(e) Fuel evaporative emissions from 1994 model year light-duty
trucks sold for principal use at a designated high-altitude location,
when tested under high-altitude conditions, shall not exceed:
(1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.6 grams
per test.
(2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty
trucks). 2.6 grams per test.
(3) The standards set forth in paragraphs (e) (1) and (2) of this
section refer to a composite sample of the fuel evaporative emissions
collected under the conditions set forth in subpart B of this part and
measured in accordance with those procedures.
(f) No crankcase emissions shall be discharged into the ambient
atmosphere from any 1994 model year light-duty trucks sold for principal
use at a designated high-altitude location.
(g)(1) Any model year 1994 light-duty truck that a manufacturer
wishes to certify for sale at low altitude must be capable of meeting
high-altitude emission standards (specified in paragraphs (d) through
(f) of this section). The manufacturer may specify vehicle adjustments
or modifications to allow the vehicle to meet high-altitude standards
but these adjustments or modifications may not alter the vehicle's basic
engine, inertia weight class, transmission con fig u ra tion, and axle
ratio.
(i) A manufacturer may certify unique con fig u ra tions to meet the
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high-altitude standards but is not required to certify these vehicle con
fig u ra tions to meet the low-altitude standards.
(ii) Any adjustments or modifications that are recommended to be
performed on vehicles to satisfy the requirements of paragraph (g)(1) of
this section:
(A) Shall be capable of being effectively performed by commercial
repair facilities, and
(B) Must be included in the manufacturer's application for
certification.
(2) Any model year 1995 and later light-duty truck and optionally
model year 1994 light-duty truck that a manufacturer wishes to certify
for sale shall meet the emission standards of paragraphs (a) through (c)
of this section under both low- and high-altitude conditions as
specified in Sec. 86.082-2, except as provided in paragraphs (h) and
(i) of this section. Vehicles shall meet emission standards under both
low- and high-altitude conditions without manual adjustments or
modifications. Any emission control device used to meet emission
standards under high-altitude conditions shall initially actuate
(automatically) no higher than 4,000 feet above sea level.
(h) The manufacturer may exempt 1994 and later model year light-duty
trucks from compliance at high altitude with the emission standards set
forth in paragraphs (a) and (b) of this section, and may exempt 1994
model year light-duty trucks from compliance with the high-altitude
emission standards set forth in paragraphs (d) and (e) of this section,
if the vehicles are not intended for sale at high altitude and if the
requirements of paragraphs (h)(1) and (2) of this section are met.
(1) A vehicle con fig u ra tion shall only be considered eligible
for exemption under paragraph (h) of this section if the requirements of
any of paragraphs (h)(1) (i), (ii), (iii), or (iv) of this section are
met.
(i) Its design parameters (displacement-to-weight ratio (D/W) and
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted
range for that manufacturer for that year. The exempted range is
determined according to the following procedure:
(A) The manufacturer shall graphically display the D/W and N/V data
of all vehicle con fig u ra tions it will offer for the model year in
question. The axis of the abscissa shall be D/W (where (D) is the engine
displacement expressed in cubic centimeters and (W) is the gross vehicle
weight (GVW) expressed in pounds), and the axis of the ordinate shall be
N/V (where (N) is the crankshaft speed expressed in revolutions per
minute and (V) is the vehicle speed expressed in miles per hour). At the
manufacturer's option, either the 1:1 transmission gear ratio or the
lowest numerical gear ratio available in the transmission will be used
to determine N/V. The gear selection must be the same for all N/V data
points on the manufacturer's graph. For each transmission/axle ratio
combination, only the lowest N/V value shall be used in the graphical
display.
(B) The product line is then defined by the equation, N/V = C(D/
W)-0.9 where the constant, C, is determined by the
r