42 U.S.C. 7401-7671q.
(a) Sections 85.502 through 85.505 are applicable to aftermarket conversion systems for which an enforcement exemption is sought from the tampering prohibitions contained in section 203 of the Act.
(b) References in this subpart to engine families and emission control systems shall be deemed to apply to durability groups and test groups as applicable for manufacturers certifying new light-duty vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles under the provisions of 40 CFR part 86, subpart S.
(a)
(b)
(c)
(d)
(e)
(f)
(a) As a condition of receiving an enforcement exemption from the tampering prohibitions contained in section 203 of the Act, an aftermarket conversion certifier must certify the aftermarket conversion system, using the applicable procedures in part 86 of this chapter, and meeting the applicable standards and requirements in §§ 85.504 and 85.505, and accept liability for in-use performance of the aftermarket conversion system as outlined in this part.
(b) As a condition of receiving an enforcement exemption from the tampering prohibitions contained in section 203 of the Act, an aftermarket conversion installer must:
(1) Install a conversion which has been certified as a new vehicle or engine, using the applicable procedures in part 86 of this chapter, and meeting the applicable standards and requirements in §§ 85.504 and 85.505; and
(2) Accept liability for in-use performance of the aftermarket conversion system as outlined in this part.
(a) The emission standards applicable to conversions of 1993 and later model year vehicles and engines are:
(1) All of the requirements that would apply if the conversion were
(2) If a vehicle or engine to be converted was originally certified to a NO
(b) The emission standards applicable to conversions of 1992 and earlier model year vehicles and engines are:
(1)
(2)
(3)
(a) The aftermarket conversion certifier shall provide with each aftermarket conversion system a supplemental emission control information label, which shall be affixed by the aftermarket conversion installer in a permanent manner to each converted vehicle, in a location adjacent to the original emission control information label required in § 86.092-35 of this chapter. If the supplemental label cannot be placed adjacent to the original label, it shall be placed in a location where it will be seen by a person viewing the original label.
(b) The supplemental label shall be affixed 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 the vehicle.
(c) The supplemental label shall clearly state that the vehicle has been equipped with an aftermarket conversion system designed to allow it to operate on a fuel other than the fuel it was originally manufactured to operate on, and shall identify the fuel(s) which the vehicle is designed to use.
(d) The supplemental label shall show the vehicle model year; the aftermarket conversion certifier's name, address and telephone number; the installer's name, address, and telephone number; the date on which the aftermarket conversion system was installed; the mileage of the vehicle at the time of the conversion; and shall state that the converted vehicle complies with federal emission requirements.
(e) The supplemental label shall list any original parts that were removed during installation of the aftermarket conversion system, as well as any changes in tune-up specifications required for the aftermarket conversion system.
The requirements of this subpart shall be applicable to 1993 and earlier model year urban buses operating in consolidated metropolitan statistical areas and metropolitan statistical areas with a 1980 population of 750,000 or more that have their engines rebuilt or replaced after January 1, 1995.
The definitions of this section apply to this subpart.
(1) Disassembly of the engine including the removal of the cylinder head(s); and
(2) The replacement or reconditioning of more than one major cylinder component in more than half of the cylinders.
(a) Operators of urban buses in areas described in § 85.1401 shall be in compliance with one of the two programs described in paragraphs (b) and (c) of this section. An operator may switch between programs from year to year only if the operator has been in compliance with all the requirements of the newly chosen program at all times between January 1, 1995 and the date on which the operator chooses to switch programs.
(b) Program 1: Performance based requirement. Program 1 requires that affected urban buses meet a particulate standard of 0.10 g/bhp-hr effective at time of engine rebuild or replacement and thereafter. The requirement to meet the 0.10 g/bhp-hr standard is automatically waived if no equipment has been certified that meets the 0.10 g/bhp-hr standard and has a life cycle cost of $7,940 or less (in 1992 dollars) for the engine being rebuilt. Program 1 contains fallback requirements for engines for which the 0.10 g/bhp-hr standard is waived. Such urban bus engines must receive equipment that provides a 25 percent reduction in particulate emissions relative to the particulate level of the original engine configuration. This 25 percent reduction requirement is automatically waived if no equipment has been certified for the engine being rebuilt that provides a 25 percent reduction in particulate emissions and has a life cycle cost $2,000 or less (in 1992 dollars). In cases where equipment is not available to either meet a 0.10 g/bhp-hr standard for less
(1) Exhaust emissions from any urban bus for which this subpart is applicable shall not exceed a particulate standard of 0.10 grams per brake horsepower-hour (0.037 grams per megajoule) if equipment is available for the engine model of such urban bus at time of engine rebuild or engine replacement, as specified in paragraph (b)(1)(i) of this section.
(i) Equipment is available for a particular engine model if equipment has been certified to a particulate standard of 0.10 grams per brake horsepower-hour (0.037 grams per megajoule), and the equipment for the engine model has been approved for certification for six months or more, and has a life cycle cost as determined under paragraph (b)(1)(ii) of this section that does not exceed the life cycle cost ceiling specified in paragraph (b)(1)(iii) of this section.
(ii) The life cycle cost of equipment is equal to the sum of the purchase price, the installation cost, the incremental fuel cost, the cost of any fuel additives required, and the incremental maintenance cost associated with the equipment each as defined in paragraphs (b)(1)(ii)(A) through (b)(1)(ii)(E) of this section minus an engine replacement credit as defined in paragraph (b)(1)(ii)(F) of this section if the equipment replaces an existing engine with a new engine.
(A) The purchase price is defined as the price at which the equipment (including all parts necessary to install and operate the equipment properly) is offered to the operator. The purchase price excludes reasonable shipping and handling fees and taxes, and equipment costs incurred by the urban bus operator for a standard rebuild.
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(C) The incremental fuel cost is defined as the increased fuel costs or the fuel savings due to the use of the equipment. (By definition, fuel savings will be negative values.) The calculation of incremental fuel cost will depend on the type of equipment being installed.
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(D) For equipment requiring the use of a fuel additive, the fuel additive cost shall be calculated as follows:
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(iii) The life cycle cost ceiling for complying with the 0.10 grams per brake horsepower-hour (0.037 grams per megajoule) particulate rebuild standard is calculated by the following equation at the time of rebuild:
(2) If no equipment meets the provisions of paragraph (b)(1) of this section for a particular model of urban bus engine, then any urban bus for which this subpart is applicable shall use equipment that has been certified to achieve at least a 25 percent reduction in particulate emissions from the original
(i) Equipment is available for a particular engine model if equipment has been certified to achieve at least a 25 percent reduction in particulate emissions from original levels, and the equipment for the engine model has been approved for certification for six months or more, and has a life cycle cost as determined under paragraph (b)(2)(ii) of this section that does not exceed the life cycle cost ceiling specified in paragraph (b)(2)(iii) of this section.
(ii) The life cycle cost of equipment is equal to the sum of the purchase price, the installation cost, the incremental fuel cost, the cost of any fuel additives required, and the incremental maintenance cost associated with the equipment each as defined in paragraphs (b)(2)(ii)(A) through (b)(2)(ii)(E) of this section minus an engine replacement credit as defined in paragraph (b)(2)(ii)(F) of this section if the equipment replaces an existing engine with a new engine.
(A) The purchase price is defined as the price at which the equipment (including all parts necessary to install and operate the equipment properly) is offered to the operator. The purchase price excludes reasonable shipping and handling fees and taxes, and equipment costs incurred by the urban bus operator for a standard rebuild.
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(C) The incremental fuel cost is defined as the increased fuel costs or the fuel savings due to the use of the equipment. (By definition, fuel savings will be negative values.) The calculation of incremental fuel cost will depend on the type of equipment being installed.
(1)(i) For equipment not requiring a change from on road federal diesel fuel, the incremental fuel cost shall be calculated as follows:
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(D) For equipment requiring the use of a fuel additive, the fuel additive cost shall be calculated as follows:
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(E) The incremental maintenance cost of the equipment is equal to the cost of the parts necessary for scheduled maintenance of the retrofit equipment incremental to cost of the parts necessary for maintenance of an original, non-retrofitted engine. The incremental maintenance cost will be determined as part of the equipment certification process, as detailed in § 85.1407.
(F) For equipment which replaces an existing urban bus engine with a new, previously unused engine, a credit will be applied to the life cycle cost. The engine replacement credit will be determined as follows:
(iii) The life cycle cost ceiling for complying with the 25 percent particulate emission reduction requirement is calculated by the following equation at the time of rebuild:
(3)(i) Urban buses covered by this subpart for which no equipment is available under paragraphs (b)(1) or (b)(2) of this section shall be equipped with one of the following:
(A) The original engine rebuilt to its original engine configuration as specified in paragraph (b)(3)(ii) of this section; or
(B) An engine identical to its original engine which has been rebuilt to its original configuration as specified in paragraph (b)(3)(ii) of this section; or
(C) An engine of a configuration with a certification PM level lower than the original configuration; or
(D) A replacement engine with a particulate matter certification level lower than the original engine.
(ii) All replacement or rebuilt parts shall be equivalent to the original equipment specifications.
(4) Notwithstanding paragraph (b)(3) of this section, if as of July 1, 1996, no equipment has been certified to meet the cost ceiling requirements of paragraphs (b)(1) or (b)(2) of this section, then urban buses covered by this subpart shall be equipped with equipment that has been certified to achieve at least a 25 percent reduction in particulate emissions from the original certified particulate emission level of the urban bus engine model being rebuilt, provided the equipment does not require any of the following:
(i) A switch from mechanical control to electronic control; or
(ii) Installation of exhaust aftertreatment equipment; or
(iii) The use of a fuel different from the fuel on which the engine currently operates.
(c) Program 2: Averaging based program. Program 2 requires affected urban bus operators to meet an annual average fleet particulate emissions level, rather than requiring each individual rebuilt urban bus engine in the operator's fleet to meet a specific particulate emission level. Under Program 2, each affected fleet operator must reduce particulate emissions from its affected urban buses (i.e., 1993 and earlier model year urban buses) to a level low enough to meet an annual average target level for a fleet (TLF) for particulate emissions (in grams per brake horsepower-hour). The TLF is calculated for each year of the program beginning in 1996. During each calendar year, the average particulate emissions level from all of the operator's pre-1994 model year urban buses must be at or below the TLF for that calendar year. The TLF for a particular calendar year is calculated based on the Agency's determination of the projected emission level for each engine model in the operator's pre-1994 model year urban bus fleet, as specified in paragraph (c)(1)(iii) of this section, and based on a schedule for rebuilding of affected urban bus engines, as specified in paragraph (c)(1)(iv) of this section.
(1) During each calendar year starting with 1996, urban bus operators shall be in compliance with an annual Target Level for a Fleet (TLF) of particulate emissions calculated using the equation defined in paragraph (c)(1)(i) of this section. Operators must comply with a TLF, rounded to two places after the decimal, until all pre-1994 urban buses have been retired from the operator's fleet.
(i) An urban bus operator's annual Target Level for a Fleet (TLF) for a particular calendar year shall be calculated as follows:
(ii) The weighted average of projected particulate emissions for urban buses of a particular model year is calculated using the following equation:
(iii)(A) Pre-rebuild particulate emission levels and projected post-rebuild particulate emission levels in grams per brake horsepower-hour (g/bhp-hr) are based on engine type and model year and are specified in the following table. The appropriate particulate level, pre-rebuild or post-rebuild, shall be determined using the information contained in paragraph (c)(1)(iv) of this section.
(B) For the TLF calculations as specified in paragraph (c)(1)(iv) of this section, post-rebuild particulate emissions levels for a specific engine model shall be equal to the following:
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(C) For TLF calculations as specified in paragraph (c)(1)(iv) of this section, post-rebuild particulate emission levels for a specific engine model shall be equal to the following:
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(D) For TLF calculations as specified in paragraph (c)(1)(iv) of this section, post-rebuild particulate emission levels for a specific engine model shall be equal to the following:
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(iv) To determine which particulate (PM) emission level from paragraph (c)(1)(iii) of this section is used for a particular model year engine in a fleet for the TLF of a given calendar year, use the following table:
(2) To determine compliance under this program, the TLF, rounded to two places after the decimal, shall be compared with an annual Fleet Level Attained (FLA) of particulate emissions calculated using the equation defined in paragraph (c)(2)(i) of this section, and also rounded to two places after the decimal. At all times during a given calendar year, the FLA must be at or below the TLF for the same calendar year in order for the fleet to be in compliance.
(i) An urban bus operator shall calculate its Fleet Level Attained (FLA) using the following equation:
(ii) The weighted average of engine specific particulate emissions for urban buses of a particular model year, excluding those urban buses older than fifteen years that meet a 0.10 grams per brake horsepower-hour particulate standard is calculated using the following equation:
(iii) The E
(A) The pre-rebuild level as specified in paragraph (c)(1)(iii) of this section in cases where an engine has not been rebuilt after January 1, 1995 or has been rebuilt to its original configuration; or
(B) The particulate emission level (in grams per brake horsepower-hour) achieved after installing emission control equipment on the urban bus at time of rebuild, where an engine has been rebuilt using emission control equipment after January 1, 1995. Such particulate emission levels will be established by the equipment certifier during equipment certification; or
(C) 0.10 grams per brake horsepower-hour (0.037 grams per megajoule) for urban buses covered by the provisions specified in paragraph (d)(1) of this section; or
(D) The particulate emission level (in grams per brake horsepower-hour) of the upgrade engine configuration for urban buses covered by the provisions specified in paragraph (d)(3) of this section; or
(E) The particulate emission level (in grams per brake horsepower-hour) determined by applying an additional percent reduction in particulate emissions to the particulate levels determined in paragraphs (c)(2)(iii)(A) through (c)(2)(iii)(D) of this section for those urban buses operating on diesel-based fuels which achieve particulate reductions beyond federally required diesel fuel with 0.05 weight percent sulfur content. Such additional percent reductions will be determined through certification of such diesel-based fuels as specified in § 85.1407.
(d)(1) Operators of urban buses covered by this subpart which have had particulate traps installed prior to January 1, 1995, or are powered by an alternative fuel that significantly reduces particulate emissions compared to emissions from diesel fuel, may assume that such urban buses are operating at a PM level of 0.10 grams per brake horsepower-hour (0.037 grams per megajoule) for purposes of meeting the requirements set forth in paragraphs (b) and (c) of this section as long as such urban buses have engines that are properly calibrated and maintained in accordance with equipment manuals and instructions, and the operator has no reason to believe otherwise.
(2) Any urban buses which have had particulate traps installed prior to January 1, 1995, or are powered by a fuel that significantly reduces particulate emissions compared to emissions from diesel fuel, whose engines have not been properly calibrated and maintained in accordance with equipment manuals and instructions or the operator has reason to believe otherwise, shall be treated as if such equipment was not installed for purposes of determining compliance with paragraphs (b) and (c) of this section.
(3) Operators of urban buses covered by this subpart which have upgrade kits installed prior to January 1, 1995, may assume that such urban buses are operating at the PM level of the upgraded engine configuration for purposes of meeting the requirements set forth in paragraphs (b) and (c) of this section.
(e)(1) The standard and percent emission reductions requirements set forth in paragraphs (b) and (c) of this section refer to exhaust emitted over the operating schedule set forth in paragraph (f)(2) of Appendix I to part 86 of this
(2) Equipment certifiers may also submit emission results from EPA-approved alternative test procedures showing compliance with the 25 percent reduction requirements of paragraphs (b) and (c) of this section. As required in § 85.1414, the equipment certifier shall supply information on the alternative test procedure which supports the certifier's claims that the alternative test procedure is typical of in-use urban bus operation.
(f) Every operator subject to the requirements prescribed in this section shall keep records of all engine rebuilds and replacements performed on urban buses as required in § 85.1404, and maintain evidence that their urban buses are in compliance with the requirements of paragraphs (b) or (c) of this section.
(g) Operators shall affix the label provided with the equipment, required under § 85.1411(a), to the engine being rebuilt with the equipment.
(a) The operator of any urban bus for which this subpart is applicable shall maintain and retain the following adequately organized and indexed records beginning January 1, 1995. Each operator shall keep such records until the five year anniversary of a rebuild or until the engine is rebuilt again, whichever occurs first.
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(b)(1) Any operator subject to the requirements under this section shall provide any EPA Enforcement Officer, upon presentation of credentials during operating hours, access to the following:
(i) Any facility where records required to be maintained under this section are generated or stored.
(ii) Any facility where engine rebuilding or replacement takes place.
(2) Upon admission to any facility referred to in paragraph (b)(1) of this section, any EPA Enforcement Officer shall be allowed:
(i) To inspect and make copies of records required to be maintained under this section.
(ii) To inspect and photograph any urban bus and engine subject to the standards set forth in § 85.1403 of this subpart.
(iii) To inspect and monitor any activity related to the rebuilding or replacement of an engine in an urban bus for which these regulations are applicable as described in § 85.1401 of this subpart.
The provisions of §§ 85.1405 through 85.1414 apply to retrofit/rebuild equipment which is to be installed on or used with 1993 and earlier model year urban buses whose engines are rebuilt or replaced after January 1, 1995. For the purposes of §§ 85.1405 through 85.1414, “equipment” includes alternative fuels and fuel additives to be used with urban bus engines.
(a) Certification compliance shall be demonstrated as follows:
(1)
(2)
(ii) The results of certification tests using the worst case engine selections made in this section shall be applicable for the other engine configurations for which the retrofit/rebuild equipment is designed.
(iii) The worst case test engine selected for certification emission testing is not required to meet Federal emission standards before the retrofit/rebuild equipment is installed. However, each test engine shall have representative emissions performance that is close to the standards and have no obvious or suspected emission defects. Each test engine shall be tuned properly and set to the engine manufacturer's specifications before testing is performed. Any excessively worn or malfunctioning emission related part shall be repaired or replaced with a new part prior to testing.
(iv) To demonstrate compliance with the particulate emission requirements of § 85.1403(b)(1)(i), the test engine used may be a new unused engine, an in-use engine that has been rebuilt previously, or an in-use engine that has not been rebuilt previously.
(v) (A) To demonstrate compliance with the particulate emission requirements of § 85.1403(b)(2)(i) on engines for which particulate certification data exists, the test engine used may be a new unused engine, an in-use engine that has been rebuilt previously, or an in-use engine that has not been rebuilt previously.
(B) To demonstrate compliance with the particulate emission requirements of § 85.1403(b)(2)(i) on engines for which no particulate certification data exists, the test engine used may be a new unused engine, or an in-use engine that is newly rebuilt to its original configuration.
(b) Diesel test fuel. Federally required low sulfur diesel fuel (with a sulfur content of 0.05 weight percent) shall be used for all new emissions testing required to be performed for certification of retrofit/rebuild equipment for diesel-fueled urban bus engines.
(c) Test equipment selection. Certification shall be based upon tests utilizing representative production equipment selected in a random manner.
(d) Replacing original equipment parts. Installation of any certified retrofit/rebuild equipment shall not result in the permanent removal or rendering inoperative of any original equipment emission related part other than the part(s) being replaced. Furthermore, installation of any certified retrofit/rebuild equipment shall not cause or contribute to an unreasonable risk to the public health, welfare or safety, or result in any additional range of parameter adjustability or accessibility to adjustment than that of the vehicle manufacturer's emission related part.
(e) Affects on engine on-board diagnostic system. Installation of any certified retrofit/rebuild equipment shall not alter or render inoperative any feature of the on-board diagnostic system incorporated by the engine manufacturer. The certified equipment may integrate with the existing diagnostic system if it does not alter or render inoperative any features of the system.
(f) In-use enforcement. (1) As a condition of certification, the equipment certifier agrees to notify operators who have installed this equipment and repair the equipment without cost to the operator when the Agency determines that a substantial number of the equipment kits, when properly maintained and used, and in actual use throughout the in-use compliance period, do not meet emission requirements.
(2) If the equipment certifier disagrees with such determination of nonconformity and so advises the MOD Director, the MOD Director shall afford the equipment certifier and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing conducted in accordance with procedures found in § 85.1807. For purposes of this section, substitute the word “equipment” in place of the phrase “motor vehicles and engines.”
(a) Prior to the sale of any certified retrofit/rebuild equipment, notification of the intent to certify must be approved by the MOD Director.
(1) All notifications shall include:
(i) Identification of the candidate retrofit/rebuild equipment to be certified, including a list of parts and part numbers;
(ii) Identification of all engine configurations for which the equipment is being certified including make(s), engine model(s), model year(s), engine size(s) and all other specific configuration characteristics necessary to assure that the equipment will not be installed in any configuration for which it has not been certified;
(iii) All results and documentation of tests and procedures used by the equipment certifier as evidence of compliance with the emission requirements specified in § 85.1406;
(iv) A description of the test equipment selection criteria used, and a statement that the test equipment used for certification testing is representative production equipment consistent with § 85.1406(c);
(v) A description of the test engine selection criteria used, and rationale that supports the technical judgment of the equipment certifier that the engine configuration used for certification testing represents worst case with respect to particulate matter emissions of all those configurations for which the retrofit/rebuild equipment is being certified, and all data that supports that conclusion;
(vi) A copy of the written instructions for proper maintenance and use of the equipment, including instructions as to whether the engine must be rebuilt to its original configuration before installing the equipment;
(vii) The scheduled maintenance required for the equipment over the in-use compliance period, including service intervals of the retrofit/rebuild equipment which detail the maintenance and replacement intervals in months and/or miles, as applicable;
(viii) A copy of the warranty language to be provided to the operator pursuant to both §§ 85.1409(a) and 85.1409(b);
(ix) A statement of commitment and willingness to comply with all the relevant terms and conditions of this subpart;
(x) A statement by the equipment certifier that use of its certified equipment will not cause a substantial increase to urban bus engine emissions in any normal driving mode not represented during certification testing; and
(xi) The office or officer of the equipment certifier authorized to receive correspondence regarding certification requirements pursuant to this subpart.
(2) If an equipment certifier wishes to certify equipment for use under § 85.1403(b) for all affected urban bus operators as specified in § 85.1401, the notification shall also contain all data and documentation used by the equipment certifier as evidence of compliance with the life cycle cost requirements specified in §§ 85.1403(b)(1)(ii) or 85.1403(b)(2)(ii); including:
(i) The price to be charged to an urban bus operator for the equipment, excluding shipping and handling costs and taxes;
(ii) A detailed breakout of the total number of hours necessary to install the equipment, and the number of
(iii) For equipment not requiring a change from on road diesel fuel, the percent change in fuel economy for an urban bus engine retrofitted with the equipment compared to the original engine based on testing performed over the heavy-duty engine Federal test procedure or an approved alternative test procedure prescribed under § 85.1414, including all test data supporting the reported change in fuel economy;
(iv) For alternatively-fueled equipment, the fuel economy of the retrofitted engine based on testing performed over an approved test procedure prescribed under § 85.1414, including all test data supporting the reported fuel economy, and the unit price of the alternative fuel that will be charged to all affected urban bus operators;
(v) For equipment requiring a fuel additive, the amount of fuel additive required per gallon of fuel and the unit price of the fuel additive that will be charged to all affected urban bus operators; and
(vi) A list of the scheduled maintenance for an engine with the retrofit, and a detailed breakdown of the cost of the parts necessary to perform scheduled maintenance, incremental to the cost of the parts necessary for maintenance typically performed on an engine without the equipment.
(3) If an equipment certifier wishes to certify equipment for use under § 85.1403(b), but not for use by all affected urban bus operators as specified in § 85.1401, the notification shall, in addition to the data and documentation specified in paragraph (a)(1) of this section, also contain data and documentation that demonstrate compliance with the life cycle cost requirements specified in § 85.1403(b)(1)(ii) or § 85.1403(b)(2)(ii) including:
(i) A detailed breakout of the total number of hours necessary to install the equipment, and the number of hours necessary to install the equipment, incremental to a standard rebuild;
(ii) The percent change in fuel economy for an urban bus engine retrofitted with the equipment compared to the original engine based on testing performed over the heavy-duty engine Federal test procedure or an approved alternative test procedure prescribed under § 85.1414, including all test data supporting the reported change in fuel economy;
(iii) A list of the scheduled maintenance for an engine with the retrofit, and a detailed breakdown of the cost of the scheduled maintenance, incremental to the cost of maintenance typically performed on an engine without the equipment;
(iv) For alternatively-fueled equipment, the fuel economy of the retrofitted engine based on testing performed over an approved test procedure prescribed under § 85.1414, including all test data supporting the reported fuel economy;
(v) For equipment requiring a fuel additive, the amount of fuel additive required per gallon of fuel; and
(vi) A description of the type of urban bus operator to which the equipment certifier expects to sell the equipment for less than the life cycle cost requirements specified in § 85.1403(b)(1)(ii) or § 85.1403(b)(2)(ii).
(4) The notification shall be signed by an officer of the equipment certifier attesting to the accuracy and completeness of the information supplied in the notification.
(5) Notification to the Agency shall be by certified mail or another method by which date of receipt can be established.
(6) Two complete and identical copies of the notification and any subsequent industry comments on any such notification shall be submitted by the equipment certifier to: MOD Director, MOD (6405J), Attention: Retrofit/Rebuild Equipment, 401 “M” Street SW., Washington, DC 20460.
(7) A copy of the notification submitted under paragraph (a)(6) of this section will be placed in a public docket and a summary will be published in the
(b)(1) For an urban bus operator to take credit for additional particulate emission reductions for use of a clean diesel fuel under § 85.1403(c)(2)(iii)(E), the following information must be submitted to the Agency:
(i) The additional percent reduction in particulate emissions for engines operated on the clean diesel fuel.
(A) The additional percent reduction in particulate emissions shall be calculated based on the results of emission tests performed on urban bus engines using federally required low sulfur fuel and the fuel for which the certifier is demonstrating addition emission reductions.
(B) The additional percent reduction in particulate emissions shall be calculated based on the following equation:
(ii) The emission testing results for hydrocarbons, carbon monoxide, and oxides of nitrogen. The results must show that use of the clean diesel fuel does not lead to increases in any of these emissions.
(2) Emission test results must be submitted for all of the engine models for which an urban bus operator wishes to claim additional particulate emission reductions.
(3) Emissions test results shall be measured over the heavy-duty engine Federal test procedure or an approved alternative test procedure prescribed under § 85.1414.
(c) The MOD Director reserves the right to review an application to determine if the submitted documents adequately meet all the requirements for certification specified in §§ 85.1406 and 85.1407. The MOD Director shall determine and will publish in the
Information collection requirements in § 85.1407 have not been approved by the Office of Management and Budget (OMB) and are not effective until OMB has approved them.
(a) At any time prior to certification, the MOD Director may notify the equipment certifier that such equipment shall not be certified pending further investigation. The basis upon which this notification shall be made may include, but not be limited to, information or test results submitted by the equipment certifier, or public comments submitted on the equipment which indicate:
(1) The test procedure used to demonstrate compliance with the particulate matter emission standard or percent reduction of § 85.1403 was not in compliance with the heavy-duty engine Federal Test Procedure of 40 CFR part 86 or an alternative test procedure approved by the Agency under § 85.1414; or
(2) Use of the candidate equipment may cause an urban bus engine to exceed any applicable emission requirements; or
(3) Use of the candidate equipment could cause or contribute to an unreasonable risk to public health, welfare
(4) Installation of the candidate equipment requires procedures or materials which would likely cause such equipment to be improperly installed under normal conditions or would likely result in an urban bus engine being misadjusted; or
(5) Information and/or data required to be in the notification of intent to certify as provided by § 85.1407 have not been provided or may be inadequate; or
(6) The life cycle cost estimates provided by the equipment certifier do not accurately reflect the true life cycle costs for the candidate equipment.
(b) The equipment certifier must respond in writing to the statements made in the notification by the MOD Director, or the MOD Director shall withdraw the equipment certifier's notification of intent to certify. A copy of the certifier's response will be placed in the public docket.
(1) Any party interested in the outcome of a decision as to whether retrofit/rebuild equipment may be certified may provide the MOD Director with any relevant written information up to ten days after the certifier responds to the MOD Director's objection.
(2) Any interested party may request additional time to respond to the information submitted by the equipment certifier. The MOD Director upon a showing of good cause by the interested party may grant an extension of time to reply up to 30 days.
(3) The equipment certifier may reply to information submitted by interested parties. Notification of intent to reply shall be submitted to the MOD Director within 10 days of the date information from interested parties is submitted to the MOD Director.
(4) The MOD Director may, at his or her discretion, allow oral presentations by the equipment certifier or any interested party in connection with contested equipment certification.
(c) If notification has been provided to an equipment certifier pursuant to paragraph (a) of this section, the MOD Director shall, after reviewing all pertinent data and information, render a decision and inform the equipment certifier in writing as to whether such equipment may be certified and, if so, under what conditions the equipment may be certified. The written decision shall include an explanation of the reasons therefor.
(1) The decision by the MOD Director shall be provided to the certifier after receipt of all necessary information by the certifier or interested parties, or of the date of any oral presentation regarding the certification, whichever occurs second.
(2) A copy of the decision shall be sent to all interested parties identified in paragraphs (b)(3) and (b)(4) of this section.
(3) Within 20 days of receipt of a decision made pursuant to paragraph (c) of this section, any party may file a written appeal to the Office Director. The Office Director may, in his or her discretion, allow additional oral or written submissions, prior to rendering a final decision. The schedule for such submission shall be in accordance with the schedule specified in § 85.1408(b).
(4) If no party files an appeal with the Office Director within 20 days, then the decision of the MOD Director shall be final.
(5) The Office Director shall make a final decision regarding the certification of equipment after receipt of all necessary information by the equipment certifier or from the date of any oral presentation, whichever occurs later.
(6) A copy of all final decisions made under this section shall be published in the
(a) As a condition of certification, the retrofit/rebuild equipment certifier shall warrant that if the certified equipment is properly installed and maintained as stated in the written instructions for proper maintenance and use, the equipment will not cause an urban bus engine to exceed the emission requirements of this subpart and the emission standards set forth in 40 CFR part 86. This retrofit/rebuild equipment warranty shall extend for a period of 150,000 miles from when the equipment is installed.
(b) As a condition of certification, the retrofit/rebuild equipment certifier
The equipment certifier shall recertify any retrofit/rebuild equipment which was certified pursuant to § 85.1406 and to which modifications are made affect emissions or the capability of the equipment to meet any other requirement of this subpart.
(a) All retrofit/rebuild equipment certified pursuant to this subpart shall contain a label that shall be affixed to the rebuilt engine which states, “Certified to EPA Urban Bus Engine Rebuild Standards,” the model and serial number of the equipment, the particulate emissions certification level of the equipment, and the name of the equipment certifier or other party designated to determine the validity of warranty claims. The label containing the information must be made durable and readable for at least the in-use compliance period of the equipment.
(b) The package in which the certified retrofit/rebuild equipment is contained, or an insert as described in paragraph (c) of this section, must have the following information conspicuously placed thereon:
(1) The statement “Certified by (name of certifier or warranter) to EPA Urban Bus Engine Rebuild Emission Standards”; and
(2) A list of the vehicles or engines (in accordance with § 85.1407(a)(1)(ii)) for which the equipment is certified, unless such information is provided as specified in paragraph (d) of this section.
(c) The package in which the certified retrofit/rebuild equipment is contained must include the following information provided on a written insert:
(1) A list of the vehicles or engines (in accordance with § 85.1407(a)(1)(ii)) for which the equipment is certified, unless such information is provided as specified in paragraph (d) of this section;
(2) A list of all of the parts and identification numbers for the parts included in the package;
(3) The instructions for proper installation of the equipment;
(4) A statement of the maintenance or replacement interval for which the retrofit/rebuild equipment is certified; and
(5) A description of the maintenance necessary to be performed on the retrofit/rebuild equipment in the proper maintenance and use of the equipment.
(d) The information required by paragraphs (b)(2) and (c)(1) of this section may be provided in a catalog rather than on the package or on an insert, provided that access to the catalog is readily available to purchasers and installers of the equipment.
(e) When an equipment certifier desires to certify existing in-service stocks of its products, it may do so provided:
(1) The equipment does not differ in any operational or durability characteristic from the equipment specified in the notification made pursuant to § 85.1407; and
(2) An information sheet is made available to all parties selling the equipment.
(i) The information sheet shall be provided with all equipment sold as certified; and
(ii) The information sheet shall contain all of the information specified in paragraph (b) of this section.
Information collection requirements in § 85.1411 have not been approved by the Office of Management and Budget (OMB) and are not effective until OMB has approved them.
(a) For each certified retrofit/rebuild equipment, the equipment certifier must establish, maintain and retain for 5 years from the date of certification the following adequately organized and indexed records:
(1) Detailed production drawings showing all dimensions, tolerances,
(2) All data obtained during testing of the equipment and subsequent analyses based on that data, including the mileage and the vehicle or engine configuration determinants;
(3) All information used in determining those vehicles or engine for which the equipment is represented as being equivalent from an emissions standpoint to the original equipment being replaced;
(4) A description of the quality control plan used to monitor production and assure compliance of the equipment with the applicable certification requirements;
(5) All data taken in implementing the quality control plan, and any subsequent analyses of that data; and
(6) All in-service data, analyses performed by the equipment certifier and correspondence with vendors, distributors, consumers, retail outlets or engine manufacturers regarding any design, production or in-service problems associated with 25 or more pieces of any certified equipment.
(b) The records required to be maintained in paragraph (a) of this section shall be made available to the Agency upon the written request of the MOD Director.
(c) If the equipment certifier is selling equipment that is not certified as available to all affected urban bus operators under § 85.1403(b) and § 85.1407, then the equipment certifier shall submit to EPA, at the time an offer is made, a copy of all offers made to affected urban bus operators for which the equipment certifier has offered to sell its certified equipment for less than the life cycle cost limits specified in § 85.1403(b)(1)(iii) or § 85.1403(b)(2)(iii). The equipment certifier may assert that some of the information is entitled to confidential treatment as provided in § 85.1414.
Information collection requirements in § 85.1412 have not been approved by the Office of Management and Budget (OMB) and are not effective until OMB has approved them.
(a) The MOD Director may notify an equipment certifier that the Agency has made a preliminary determination that certain retrofit/rebuild equipment should be decertified.
(1) Such a preliminary determination may be made if there is reason to believe that the equipment manufactured has failed to comply with §§ 85.1405 through 85.1414. Information upon which such a determination will be made includes but is not limited to the following:
(i) The equipment was certified on the basis of emission tests, and the procedures used in such tests were not in substantial compliance with a portion or portions of the heavy-duty engine Federal Test Procedure contained in 40 CFR part 86 or an alternative test prescribed under 40 CFR 85.1414; or
(ii) Use of the certified equipment is causing urban bus engine emissions to exceed emission requirements for any regulated pollutant; or
(iii) Use of the certified equipment causes or contributes to an unreasonable risk to public health, welfare or safety or severely degrades driveability operation or function; or
(iv) The equipment has been modified in a manner requiring recertification pursuant to § 85.1410; or
(v) The certifier of such equipment has not established, maintained or retained the records required pursuant to § 85.1412 or fails to make the records available to the MOD Director upon written request pursuant to § 85.1412; or
(vi) The life cycle cost of the equipment exceeds the limits specified in § 85.1403(b)(1)(iii) or § 85.1403(b)(2)(iii).
(2) Notice of a preliminary determination to decertify shall contain:
(i) A description of the noncomplying equipment;
(ii) The basis for the MOD Director's preliminary decision; and
(iii) The date by which the certifier must:
(A) Terminate the sale of the equipment as certified equipment; or
(B) Make the necessary change (if so recommended by the Agency); or
(C) Request an opportunity in writing to dispute the allegations of the preliminary decertification.
(b) If the equipment certifier requests an opportunity to respond to the preliminary determination, the certifier and other parties interested in the MOD Director's decision whether to decertify the equipment shall, within 15 days of the date of the request, submit written presentations, including the relevant information and data, to the MOD Director. The MOD Director, in his or her discretion, may provide an opportunity for oral presentations.
(1) Any interested party may request additional time to respond to the information submitted by the equipment certifier. The MOD Director upon a showing of good cause by the interested party may grant an extension of time to reply up to 30 days.
(2) The equipment certifier may have an extension of up to 30 days to reply to information submitted by interested parties. Notification of intent to reply shall be submitted to the MOD Director within 10 days of the date information from interested parties is submitted to the MOD Director.
(c) If an equipment certifier has disputed the allegations of the preliminary decisions, the MOD Director shall, after reviewing any additional information, notify the equipment certifier of his or her decision whether the equipment may continue to be sold as certified. This notification shall include an explanation upon which the decision was made and the effective date for decertification, where appropriate.
(d) Within 20 days from the date of a decision made pursuant to paragraph (c) of this section, any adversely affected party may appeal the decision to the Office Director.
(1) A petition for appeal to the Office Director must state all of the reasons why the decision of the MOD Director should be reversed.
(2) The Office Director may, in his or her discretion, allow additional oral or written testimony.
(3) If no appeal is filed with the Office Director within the permitted time period, the decision of the MOD Director shall be final.
(e) If a final decision is made to decertify equipment under paragraph (d) of this section, the certifier of such equipment shall notify his immediate customers that, as of the date of the final determination, the equipment in question has been decertified. The equipment certifier shall offer to replace decertified equipment in the customer's inventory with certified replacement equipment or, if unable to do so, shall at the customer's request repurchase such inventory at a reasonable price. The immediate customers must stop selling the equipment once the certifier has notified the customer that the equipment has been decertified.
(f) Notwithstanding the requirements of paragraph (e) of this section, equipment purchased by an urban bus operator prior to decertification, shall be considered certified pursuant to this subpart.
As a part of the certification process, as set forth in § 85.1406, a certifier may request that the Agency approve an alternative test procedure, other than the heavy-duty engine Federal test procedure, to show compliance with the 25 percent reduction in particulate matter emissions as noted in § 85.1403(b)(2)(i). The alternative test may be a chassis-based test, but the alternative test shall be representative of in-use urban bus operation. The requestor shall supply relevant technical support to substantiate its claim of representativeness. Upon an acceptable showing that an alternative test is representative of in-use urban bus operation, the Agency shall determine whether to set such alternative test procedures through rulemaking. The provisions of the certification process apply to such a request for alternative procedures.
Information collection requirements in § 85.1414 have not been approved by the Office of Management and Budget (OMB) and are not effective until OMB has approved them.
(a) Any certifier may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at the time it is submitted to the Agency.
(c) To assert that information submitted pursuant to this subpart is confidential, a certifier must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. In addition to the complete and identical copies submitted pursuant to § 85.1407(a)(6), the submitter shall also provide two identical copies of its submittal from which all confidential information shall be deleted. If a need arises to publicly release nonconfidential information, the Agency will assume that the submitter has accurately deleted all confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Administrator only to the extent and by means of the procedures set forth in 40 CFR part 2, subpart B.
(e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by the Agency without further notice to the submitter, in accordance with 40 CFR 2.204(c)(2)(i)(A).
42 U.S.C. 7522, 7525, 7541, 7542(a) and 7601(a).
(a) Except where otherwise indicated, this subpart is applicable to motor vehicles and motor vehicle engines which are offered for importation or imported into the United States and for which the Administrator has promulgated regulations under part 86 prescribing emission standards but which are not covered by certificates of conformity issued under section 206(a) of the Clean Air Act (i.e., which are nonconforming vehicles as defined below), as amended, and part 86 at the time of conditional importation. Compliance with regulations under this subpart shall not relieve any person or entity from compliance with other applicable provisions of the Clean Air Act.
(b) Regulations prescribing further procedures for importation of motor vehicles and motor vehicle engines into the Customs territory of the United States, as defined in 19 U.S.C. 1202, are set forth at 19 CFR 12.73.
(c) References in this subpart to engine families and emission control systems shall be deemed to apply to durability groups and test groups as applicable for manufacturers certifying new light-duty vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles under the provisions of 40 CFR part 86, subpart S.
(a) As used in this subpart, all terms not defined herein have the meanings given them in 19 CFR 12.73, in the Clean Air Act, as amended, and elsewhere in parts 85 and 86 of this chapter.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(b) [Reserved]
(a) A nonconforming vehicle or engine offered for importation into the United States must be imported by an ICI who is a current holder of a valid certificate of conformity unless an exemption or exclusion is granted by the Administrator under § 85.1511 of this subpart or the vehicle is eligible for entry under § 85.1512.
(b) Final admission shall not be granted unless:
(1) The vehicle or engine is covered by a certificate of conformity issued in the name of the importer under part 86 and the certificate holder has complied with all requirements of § 85.1505; or
(2) The vehicle or engine is modified and emissions tested in accordance with the provisions of § 85.1509 and the certificate holder has complied with all other requirements of § 85.1509; or
(3) The vehicle or engine is exempted or excluded under § 85.1511; or
(4) The vehicle was covered originally by a certificate of conformity and is otherwise eligible for entry under § 85.1512.
(c) In any one certificate year (
(1) 5 heavy-duty engines.
(2) A total of 50 light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles.
(3) 50 highway motorcycles.
(d) For ICIs owned by a parent company, the importation limits in paragraph (c) of this section include importation by the parent company and all its subsidiaries.
(e) An ICI may exceed the limits outlined paragraphs (c) and (d) of this section, provided that any vehicles/engines in excess of the limits meet the emission standards and other requirements outlined in the provisions of § 85.1515 for the model year in which the motor vehicle/engine is modified (instead of the emission standards and other requirements applicable for the OP year of the vehicle/engine).
(a) A motor vehicle or motor vehicle engine offered for importation under § 85.1505, § 85.1509 or § 85.1512 may be conditionally admitted into the United States, but shall be refused final admission unless:
(1) At the time of conditional admission, the importer has submitted to the Administrator a written report that the subject vehicle or engine has been permitted conditional admission pending EPA approval of its application for final admission under § 85.1505, § 85.1509, or § 85.1512. This written report shall contain the following:
(i) Identification of the importer of the vehicle or engine and the importer's address and telephone number;
(ii) Identification of the vehicle or engine owner and the vehicle or engine owner's address, telephone number and taxpayer identification number;
(iii) Identification of the vehicle or engine;
(iv) Information indicating under what provision of these regulations the vehicle or engine is to be imported;
(v) Identification of the place where the subject vehicle or engine will be stored until EPA approval of the importer's application to the Administrator for final admission;
(vi) Authorization for EPA Enforcement Officers to conduct inspections or testing otherwise permitted by the Act or regulations thereunder;
(vii) Identification, where applicable, of the certificate by means of which the vehicle is being imported;
(viii) The original production year of the vehicle; and
(ix) Such other information as is deemed necessary by the Administrator.
(b) Such conditional admission shall not be under bond for a vehicle or engine which is imported under § 85.1505 or § 85.1509. A bond will be required for a vehicle or engine imported under applicable provisions of § 85.1512. The period of conditional admission shall not exceed 120 days. During this period, the importer shall store the vehicle or engine at a location where the Administrator will have reasonable access to the vehicle or engine for his/her inspection.
(a) A motor vehicle or engine may be finally admitted into the United States upon approval of the certificate holder's application to the Administrator. Such application shall be made either by completing EPA forms or by submitting the data electronically to EPA's computer, in accordance with EPA instructions. Such application shall contain:
(1) The information required in § 85.1504(a);
(2) Information demonstrating that the vehicle or engine has been modified in accordance with a valid certificate of conformity. Such demonstration shall be made in one of the following ways:
(i) Through an attestation by the certificate holder that the vehicle or engine has been modified in accordance with the provisions of the certificate holder's certificate, and presentation to EPA of a statement by the appropriate OEM that the OEM will provide to the certificate holder and to EPA information concerning running changes to the vehicle or engine described in the certificate holder's application for certification, and actual receipt by EPA of notification by the certificate holder of any running changes already implemented by the OEM at the time of application and their effect on emissions; or
(ii) Through an attestation by the certificate holder that the vehicle or engine has been modified in accordance with the provisions of the certificate holder's certificate of conformity and that the certificate holder has conducted an FTP test, at a laboratory within the United States, that demonstrates compliance with Federal emission requirements on every third vehicle or third engine imported under that certificate within 120 days of entry, with sequencing of the tests to be determined by the date of importation of each vehicle or engine. Should the certificate holder have exceeded a threshold of 300 vehicles or engines imported under the certificate without adjustments or other changes in accordance with paragraph (a)(3) of this section, the amount of required FTP testing may be reduced to every fifth vehicle or engine. In order to make a demonstration under paragraph (a)(2)(i) of this section, a certificate holder must have received permission from the Administrator to do so;
(3) The results of every FTP test which the certificate holder conducted on the vehicle or engine. Should a subject vehicle or engine have failed an FTP at any time, the following procedures are applicable:
(i) The certificate holder may either:
(A) Conduct one FTP retest that involves no adjustment of the vehicle or engine from the previous test (e.g., adjusting the RPM, timing, air-to-fuel ratio, etc.) other than adjustments to adjustable parameters that, upon inspection, were found to be out of tolerance. When such an allowable adjustment is made, the parameter may be reset only to the specified (i.e., nominal) value (and not any other value within the tolerance band); or
(B) Initiate a change in production (running change) under the provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, as applicable, that causes the vehicle to meet Federal emission requirements.
(ii) If the certificate holder chooses to retest in accordance with paragraph (a)(3)(i)(A) of this section:
(A) Such retests must be completed no later than five working days subsequent to the first FTP test;
(B) Should the subject vehicle or engine fail the second FTP, then the certificate holder must initiate a change in production (a running change) under the provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, as applicable, that causes the vehicle to meet Federal emission requirements.
(iii) If the certificate holder chooses to initiate a change in production (a running change) under the provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01 as applicable, that causes the vehicle to meet Federal requirements, changes involving adjustments of adjustable vehicle parameters (e.g., adjusting the RPM, timing, air/fuel ratio) must be changes in the specified (i.e., nominal) values to be deemed acceptable by EPA.
(iv) Production changes made in accordance with this section must be implemented on all subsequent vehicles or engines imported under the certificate after the date of importation of the vehicle or engine which gave rise to the production change.
(v) Commencing with the first vehicle or engine receiving the running change, every third vehicle or engine imported under the certificate must be FTP tested to demonstrate compliance with Federal emission requirements until, as in paragraph(a)(2)(ii) of this section, a threshold of 300 vehicles or engines imported under the certificate is exceeded, at which time the amount of required FTP testing may be reduced to every fifth vehicle or engine.
(vi) Reports concerning these running changes shall be made to both the Manufacturers Operations and Certification Divisions of EPA within ten working days of initiation of the running change. The cause of any failure of an FTP shall be identified, if known;
(4) The applicable deterioration factor;
(5) The FTP results adjusted by the deterioration factor;
(6) Such other information that may be specified by applicable regulations or on the certificate under which the vehicle or engine has been modified in order to assure compliance with requirements of the Act;
(7) All information required under § 85.1510;
(8) An attestation by the certificate holder that the certificate holder is responsible for the vehicle's or engine's compliance with Federal emission requirements, regardless of whether the certificate holder owns the vehicle or engine imported under this section;
(9) The name, address and telephone number of the person who the certificate holder prefers to receive EPA notification under § 85.1505(c); and
(10) Such other information as is deemed necessary by the Administrator.
(b) EPA approval for final admission of a vehicle or engine under this section shall be presumed not to have been granted if a vehicle has not been properly modified to be in conformity in all material respects with the description in the application for certification or has not complied with the provisions of § 85.1505(a)(2) or its final FTP results, adjusted by the deterioration factor, if applicable, do not comply with applicable emission standards.
(c) Except as provided in § 85.1505(b), EPA approval for final admission of a vehicle or engine under this section shall be presumed to have been granted should the certificate holder not have received oral or written notice from EPA to the contrary within 15 working days of the date of EPA's receipt of the certificate holder's application under § 85.1505(a). Such EPA notice shall be made to an employee of the certificate holder. If application is made on EPA forms, the date on a certified mail receipt shall be deemed to be the official date of notification to EPA. If application is made by submitting the data electronically, the date of acceptance by EPA's computer shall be deemed to be the official date of notification to EPA. During this 15 working day period, the vehicle or engine must be stored at a location where the Administrator will have reasonable access to the vehicle or engine for his/her inspection.
(a) In order to allow the Administrator to determine whether a certificate holder's production vehicles or engines comply with applicable emission requirements or requirements of this subpart, EPA Enforcement Officers are authorized to conduct inspections and/or tests of vehicles or engines imported by the certificate holder. EPA Enforcement Officers shall be admitted during operating hours upon demand and upon presentation of credentials to any of the following:
(1) Any facility where any vehicle or engine imported by the certificate holder under this subpart was or is being modified, tested or stored; and
(2) Any facility where any record or other document relating to modification, testing or storage of the vehicles or engines, or required to be kept by § 85.1507, is located.
(b) Upon admission to any facility referred to in paragraph (a) of this section, any EPA Enforcement Officer shall be allowed during operating hours:
(1) To inspect and monitor any part or aspect of activities relating to the certificate holder's modification, testing and/or storage of vehicles or engines imported under this subpart;
(2) To inspect and make copies of any records or documents related to modification, testing and storage of a vehicle or engine, or required by § 85.1507; and
(3) To inspect and photograph any part or aspect of any such vehicle or engine and any component used in the assembly thereof.
(c) Any EPA Enforcement Officer shall be furnished, by those in charge of a facility being inspected, with such reasonable assistance as he/she may request to help him/her discharge any function listed in this subpart. A certificate holder shall cause those in charge of a facility operated for its benefit to furnish such reasonable assistance without charge to EPA (whether or not the certificate holder controls the facility).
(d) The requirements of paragraphs (a), (b) and (c) of this section apply
(e) Duly designated Enforcement Officers are authorized to proceed ex parte to seek warrants authorizing the inspection or testing of the motor vehicles or motor vehicle engines described in paragraph (a) of this section whether or not the Enforcement Officer first attempted to seek permission from the certificate holder or facility owner to inspect such motor vehicles or motor vehicle engines.
(f) The results of the Administrator's test under this section shall comprise the official test data for the vehicle or engine for purposes of determining whether the vehicle or engine should be permitted final entry under § 85.1505 or § 85.1509.
(g) For purposes of this section:
(1) “Presentation of Credentials” shall mean display of the document designating a person as an EPA Enforcement Officer.
(2) Where vehicle storage areas or facilities are concerned, “operating hours” shall means all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.
(3) Where facilities or areas other than those specified in paragraph (g)(2) of this section are concerned, “operating hours” shall mean all times during which the facility is in operation.
(4) “Reasonable assistance” includes, but is not limited to, clerical, copying, interpreting and translating services, and the making available on request of personnel of the facility being inspected during their working hours to inform the EPA Enforcement Officer of how the facility operates and to answer his/her questions.
(a) The certificate holder subject to any of the provisions of this subpart shall establish, maintain and retain for six years from the date of entry of a nonconforming vehicle or engine imported by the certificate holder, adequately organized and indexed records, correspondence and other documents relating to the certification, modification, test, purchase, sale, storage, registration and importation of that vehicle or engine, including but not limited to:
(1) The declaration required by 19 CFR 12.73;
(2) Any documents or other written information required by a Federal government agency to be submitted or retained in conjunction with the certification, importation or emission testing of motor vehicles or motor vehicle engines;
(3) All bills of sale, invoices, purchase agreements, purchase orders, principal or agent agreements and correspondence between the certificate holder and the purchaser, of each vehicle or engine, and any agents of the above parties;
(4) Documents providing parts identification data associated with the emission control system installed on each vehicle or engine demonstrating that such emission control system was properly installed on such vehicle or engine;
(5) Documents demonstrating that, where appropriate, each vehicle or engine was emissions tested in accordance with the Federal Test Procedure.
(6) Documents providing evidence that the requirements of § 85.1510 have been met.
(7) Documents providing evidence of compliance with all relevant requirements of the Clean Air Act, the Energy Tax Act of 1978, and the Energy Policy and Conservation Act;
(8) Documents providing evidence of the initiation of the “15 day hold” period for each vehicle or engine imported pursuant to § 85.1505 or § 85.1509;
(9) For vehicles owned by the ICI at the time of importation, documents providing evidence of the date of sale subsequent to importation, together with the name, address and telephone number of the purchaser, for each vehicle or engine imported pursuant to § 85.1505 or § 85.1509;
(10) For vehicles not owned by the ICI at the time of importation, documents providing evidence of the release to the owner subsequent to importation for each vehicle or engine imported pursuant to § 85.1505 or § 85.1509; and
(11) Documents providing evidence of the date of original manufacture of the vehicle or engine.
(b) The certificate holder is responsible for ensuring the maintenance of records required by this section, regardless of whether facilities used by the certificate holder to comply with requirements of this subpart are under the control of the certificate holder.
(a) Vehicles or engines which have been imported, modified and/or FTP tested by a certificate holder pursuant to § 85.1505 or § 85.1509 may be inspected and emission tested by EPA throughout the useful lives of the vehicles or engines.
(b) Certificate holders shall maintain for six years, and provide to EPA upon request, a list of owners of all vehicles or engines imported by the certificate holder under this subpart.
(c) A certificate holder will be notified whenever the Administrator has determined that a substantial number of a class or category of the certificate holder's vehicles or engines, although properly maintained and used, do not conform to the regulations prescribed under section 202 when in actual use throughout their useful lives (as determined under section 202(d)). After such notification, the Recall Regulations at part 85, subpart S, shall govern the certificate holder's responsibilities and references to a manfacturer in the Recall Regulations shall apply to the certificate holder.
(a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of this section, a motor vehicle or motor vehicle engine may be imported under this section by a certificate holder possessing a currently valid certificate of conformity only if:
(1)(i) The vehicle or engine is six OP years old or older; or
(ii) The vehicle was owned, purchased and used overseas by military or civilian employees of the U.S. Government and
(A) An ICI does not hold a currently valid certificate for that particular vehicle; and
(B) The Federal agency employing the owner of such vehicle determines that such owner is stationed in an overseas area which either prohibits the importation of U.S.-certified vehicles or which does not have adequate repair facilities for U.S.-certified vehicles; and
(C) The Federal agency employing the personnel owning such vehicles determines that such vehicles are eligible for shipment to the United States at U.S. Government expense; and
(2) The certificate holder's name has not been placed on a currently effective EPA list of certificate holders ineligible to import such modification/test vehicles, as described in paragraph (j) of this section.
(b) In calendar year 1988, a motor vehicle or motor vehicle engine originally produced in calendar years 1983 through 1987 may be imported under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate of conformity for a vehicle or engine model originally produced in calendar years 1987 or 1988 and the make (i.e., the OEM) and fuel type of such certified model is the same as the make and fuel type of the vehicle or engine being imported under this section; and
(2) The certificate holder's name has not been placed on a currently effective EPA list of certificate holder's ineligible to import such modification/test vehicles, as described in paragraph (j) of this section.
(c) In calendar year 1989, a motor vehicle or motor vehicle engine originally produced in calendar years 1984 through 1987 may be imported under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate of conformity for a vehicle or engine model originally produced in calendar years 1988 or 1989 and the make and fuel type of such certified model is the same as the make and fuel type of the vehicle or engine being imported under this section; and
(2) The certificate holder's name has not been placed on a currently effective EPA list of certificate holders ineligible to import such modification/test vehicles, as described in paragraph (j) of this section,
(d) In calendar year 1990, a motor vehicle or motor vehicle engine originally produced in calendar years 1985 through 1987 may be imported under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate of conformity for a vehicle or engine model originally produced in calendar years 1989 or 1990 and the make and fuel type of such certified model is the same as the make and fuel type of the vehicle or engine being imported under this section; and
(2) The certificate holder's name has not been placed on a currently effective EPA list of certificate holders ineligible to import such modification/test vehicles, as described in paragraph (j) of this section.
(e) In calendar year 1991, a motor vehicle or motor vehicle engine originally produced in calendar years 1986 and 1987 may be imported under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate of conformity for a vehicle or engine model originally produced in calendar years 1990 or 1991 and the make and fuel type of such certified model is the same as the make and fuel type of the vehicle or engine being imported under this section; and
(2) The certificate holder's name has not been placed on a currently effective EPA list of certificate holders ineligible to import such modification/test vehicles, as described in paragraph (j) of this section.
(f) In calendar year 1992, a motor vehicle or motor vehicle engine originally produced in calendar year 1987 may be imported under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate of conformity for a vehicle or engine model originally produced in calendar year 1991 or 1992 and the make and fuel type of such certified model is the same as the make and fuel type of the vehicle or engine being imported under this section; and
(2) The certificate holder's name has not been placed on a currently effective EPA list of certificate holders ineligible to import such modification/test vehicles, as described in paragraph (j) of this section.
(g) A motor vehicle or motor vehicle engine conditionally imported under this section may be finally admitted into the United States upon approval of the certificate holder's application to the Administrator. Such application shall be made either by completing EPA forms or, if the applicant chooses, by submitting the data electronically to EPA's computer, in accordance with EPA instructions. Such application shall contain:
(1) The identification information required in § 85.1504;
(2) An attestation by the certificate holder that the vehicle or engine has been modified and/emission tested in accordance with the FTP at a laboratory within the United States;
(3) The results of any FTP;
(4) The deterioration factor assigned by EPA;
(5) The FTP results adjusted by the deterioration factor;
(6) An attestation by the certificate holder that emission testing and development of fuel economy data as required by § 85.1510 was performed after the vehicle or engine had been modified to conform to Department of Transportation safety standards;
(7) All information required under § 85.1510;
(8) An attestation by the certificate holder that the certificate holder is responsible for the vehicle's or engine's
(9) The name, address and telephone number of the person who the certification holder prefers to receive EPA notification under § 85.1509(i).
(10) For any vehicle imported in accordance with paragraphs (b) through (f) of this section, an attestation by the certificate holder that the vehicle is of the same make and fuel type as the vehicle covered by a qualifying certificate as described in paragraphs (b) through (f) of this section, as applicable.
(11) Such other information as is deemed necessary by the Administrator.
(h) EPA approval for final admission of a vehicle or engine under this section shall be presumed not to have been granted if a vehicle's final FTP results, adjusted by the deterioration factor, if applicable, do not comply with applicable emission standards.
(i) Except as provided in § 85.1509(h), EPA approval for final admission of a vehicle or engine under this section shall be presumed to have been granted should the certificate holder not have received oral or written notice from EPA to the contrary within 15 working days of the date of EPA's receipt of the certificate holder's application under § 85.1509(g). Such EPA notice shall be made to an employee of the certificate holder. If application is made on EPA form, the date of a certified mail receipt shall be deemed to be the official date of notification to EPA. If application is made by submitting the data electronically, the date of acceptance by EPA's computer shall be deemed to be the official date of notification to EPA. During this 15 working day period, the vehicle or engine must be stored at a location where the Administrator will have reasonable access to inspect the vehicle or engine.
(j)
(k)
(1) If a significant number of vehicles imported by a certificate holder fail to comply, in the judgment of the Administrator, with emission requirements upon inspection or retest, or if the certificate holder fails to comply with any provision of these regulations that pertain to vehicles imported pursuant to § 85.1509, the certificate holder may be placed on the EPA list of certificate holders ineligible to import vehicles under this section as specified in paragraph (j) of this section and § 85.1513(e);
(2) Individual vehicles or engines which fail an FTP retest or inspection must be repaired and retested, as applicable, to demonstrate compliance with emission requirements before final admission.
(3) Unless otherwise specified by EPA, the costs of all retesting under this subsection, including transportation, shall be borne by the certificate holder.
(l)
The provisions of this section are applicable to all vehicles or engines imported under the provisions of §§ 85.1505 and 85.1509.
(a)
(2) For each vehicle or engine imported under § 85.1509, the maintenance and use instructions shall be maintained in a file containing the records for that vehicle or engine.
(3) Such instructions shall not contain requirements more restrictive than those set forth in 40 CFR part 86, subpart A or subpart S, as applicable (Maintenance Instructions), and shall be in sufficient detail and clarity that an automotive mechanic of average training and ability can maintain or repair the vehicle or engine.
(4) Certificate holders shall furnish with each vehicle or engine a list of the emission control parts, and emission-related parts added by the certificate holder and the emission control and emission related parts furnished by the OEM.
(b)
(2) Certificate holders shall ensure that these warranties:
(i) Are insured by a prepaid mandatory service insurance policy underwritten by an independent insurance company;
(ii) Are transferable to each successive owner for the periods specified in sections 207 (a) and (b); and
(iii) Provide that in the absence of a certificate holder's facility being reasonably available (i.e., within 50 miles) for performance of warranty repairs, such warranty repairs may be performed anywhere.
(3) Certificate holders shall attest in each application for final admission that such warranties will be or have been provided. Copies of such warranties shall be maintained in a file containing the records for that vehicle or engine.
(c)
(2) As part of the application to the Administrator for final admission of each individual vehicle or engine under § 85.1509, the certificate holder shall maintain a copy of such label for each vehicle or engine in a file containing the records for that vehicle or engine. Certificate holders importing under §§ 85.1505 or 85.1509 shall attest to compliance with the above labeling requirements in each application for final admission.
(d)
(2) For purposes of generating the fuel economy data to be incorporated on such label, each vehicle imported under § 85.1509 shall be considered to be a separate model type.
(3) As part of the application to the Administrator for final admission of each individual vehicle or engine imported under § 85.1509, the certificate holder shall maintain a copy of such label for each vehicle or engine in a file containing the records for that vehicle or engine. In each application for final admission of a vehicle or engine under §§ 85.1505 or § 85.1509, the certificate holder shall attest to compliance with the above labeling requirements.
(e)
(2) For vehicles not owned by the certificate holder, the certificate holder shall furnish to the vehicle owner applicable IRS forms (currently numbered 720 (Quarterly Federal Excise Tax) and 6197 (Fuel Economy Tax Computation Form)) which relate to the collection of the gas guzzler tax under the Energy Tax Act of 1978, 26 U.S.C. 4064.
(3) As part of the certificate holder's application to EPA for final admission of each vehicle imported under § 85.1509, the certificate holder shall furnish any fuel economy data required by the Energy Tax Act of 1978, 15 U.S.C. 4064.
(f)
(a) Individuals, as well as certificate holders, shall be eligible for importing vehicles into the United States under the provisions of this section, unless otherwise specified.
(b) Notwithstanding any other requirements of this subpart, a motor vehicle or motor vehicle engine entitled to one of the temporary exemptions of this paragraph may be conditionally admitted into the United States if prior written approval for such conditional admission is obtained from the Administrator. Conditional admission shall be under bond. A written request for approval from the Administrator shall contain the identification required in § 85.1504(a)(1) (except for § 85.1504(a)(1)(v)) and information that indicates that the importer is entitled to the exemption. Noncompliance with provisions of this section may result in the forfeiture of the total amount of the bond or exporation of the vehicle or engine. The following temporary exemptions are permitted by this paragraph:
(1)
(2)
(3)
(i) No more than one prototype vehicle for each engine family for which an independent commercial importer is seeking certification shall be imported
(ii) Unless a certificate of conformity is issued for the prototype vehicle, the total amount of the bond shall be forfeited or the vehicle must be exported within 180 days from the date of entry.
(4)
(ii) Display vehicles or engines may be imported by any person. Display vehicles or engines may not be sold in the United States and may not be registered or licensed for use on or operated on public roads or highways in the United States, unless an applicable certificate of conformity has been received.
(c) Notwithstanding any other requirements of this subpart, a motor vehicle or motor vehicle engine may be finally admitted into the United States under this paragraph if prior written approval for such final admission is obtained from the Administrator. Conditional admission of these vehicles is not permitted for the purpose of obtaining written approval from the Administrator. A request for approval shall contain the identification information required in § 85.1504(a)(1) (except for § 85.1504(a)(1)(v)) and information that indicates that the importer is entitled to the exemption or exclusion. The following exemptions or exclusions are permitted by this paragraph:
(1)
(2)
(i) Handicapped individuals who needs a special vehicle unavailable in a certified configuration;
(ii) Individuals who purchase a vehicle in a foreign country where resale is prohibited upon the departure of such as individual;
(iii) Individuals emigrating from a foreign country to the U.S. in circumstances of severe hardship.
(d) Foreign diplomatic and military personnel may import nonconforming vehicles without bond. At the time of admission, the importer shall submit to the Administrator the written report required in § 85.1504(a)(1) (except for information required by § 85.1504(a)(1)(v)). Such vehicles may not be be sold in the United States.
(e)
(f)
(i) Gasoline-fueled light-duty vehicles and light-duty trucks originally manufactured prior to January 1, 1968.
(ii) Diesel-fueled light-duty vehicles originally manufactured prior to January 1, 1975.
(iii) Diesel-fueled light-duty trucks originally manufactured prior to January 1, 1976.
(iv) Motorcycles originally manufactured prior to January 1, 1978.
(v) Gasoline-fueled and diesel-fueled heavy-duty engines originally manufactured prior to January 1, 1970.
(2) Notwithstanding any other requirements of this subpart, a motor vehicle or motor vehicle engine not subject to an exclusion under § 85.1511(f)(1) but greater than twenty OP years old is entitled to an exemption from the requirements of the Act, provided that it is imported into the United States by a certificate holder. At the time of admission, the certificate holder shall submit to the Administrator the written report required in § 85.1504(a)(1) (except for information required by § 85.1504(a)(1)(v)).
(g) Applications for exemptions and exclusions provided for in paragraphs
(h) Vehicles conditionally or finally admitted under paragraphs (b)(2), (b)(4), (c)(1), (c)(2), and (f)(2) of this section must still comply with all applicable requirements, if any, of the Energy Tax Act of 1978, the Energy Policy and Conservation Act and any other Federal or state requirements.
(a)(1) Notwithstanding other provisions of this subpart, any person may conditionally import a vehicle which:
(i) Was covered by a certificate of conformity at the time of original manufacture or had previously been admitted into the United States under § 85.1505 or § 85.1509 (after June 30, 1988).
(ii) Was certified, or previously admitted under § 85.1505 or § 85.1509 (after June 30, 1988), with a catalyst emission control system and/or O
(iii) Is labeled in accordance with 40 CFR part 86, subpart A or subpart S, or, where applicable, § 85.1510(c); and
(iv) Has been driven outside the United States, Canada and Mexico or such other countries as EPA may designate.
(2) Such vehicle must be entered under bond pursuant to 19 CFR 12.73 unless it is included in a catalyst and O
(b) For the purpose of this section, “catalyst and O
(c) For the purpose of this section, “driven outside the United States, Canada and Mexico” does not include mileage accumulated on vehicles solely under the control of manufacturers of new motor vehicles or engines for the purpose of vehicle testing and adjustment, and preparation for shipment to the United States.
(d) Vehicles conditionally imported pursuant to this section and under bond must be modified in accordance with the certificate of conformity applicable at the time of manufacture. In the case of vehicles previously imported under § 85.1509 or § 85.1504 (prior to July 1, 1988), the replacement catalyst and O
(a) The importation of a motor vehicle or motor vehicle engine which is not covered by a certificate of conformity other than in accordance with this subpart and the entry regulations of the U.S. Customs Service at 19 CFR 12.73 is prohibited. Failure to comply with this section is a violation of section 203(a)(1) of the Act.
(b) Unless otherwise permitted by this subpart, during a period of conditional admission, the importer of a vehicle shall not:
(1) Operate the vehicle on streets or highways,
(2) Sell or offer the vehicle or engine for sale, or
(3) Store the vehicle on the premises of a dealer.
(c) Any vehicle or engine conditionally admitted pursuant to §§ 85.1504, 85.1511 or 85.1512, and not granted final admission within 120 days of such conditional admission, or within such additional time as the U.S. Customs
(d) Any importer who violates section 203(a)(1) of the Act is subject to a civil penalty under section 205 of the Act of not more than $32,500 for each vehicle or engine subject to the violation. In addition to the penalty provided in the Act, where applicable, under the exemption provisions of § 85.1511(b), or under § 85.1512, any person or entity who fails to deliver such vehicle or engine to the U.S. Customs Service is liable for liquidated damages in the amount of the bond required by applicable Customs laws and regulations.
(e) (1) A certificate holder whose vehicles or engines imported under § 85.1505 or § 85.1509 fail to conform to Federal emission requirements after modification and/or testing under the Federal Test Procedure (FTP) or who fails to comply with applicable provisions of this subpart, may, in addition to any other applicable sanctions and penalties, be subject to any, or all, of the following sanctions:
(i) The certificate holder's currently held certificates of conformity may be revoked or suspended;
(ii) The certificate holder may be deemed ineligible to apply for new certificates for up to 3 years; and
(iii) The certificate holder may be deemed ineligible to import vehicles or engines under § 85.1509 in the future and be placed on a list of certificate holders ineligible to import vehicles or engines under the provisions of § 85.1509.
(2) Grounds for the actions described in paragraph (e)(1) of this section shall include, but not be limited to, the following:
(i) Action or inaction by the certificate holder or the laboratory performing the FTP on behalf of the certificate holder which results in fraudulent, deceitful or grossly inaccurate representation of any fact or condition which affects a vehicle's or engine's eligibility for admission to the U.S. under this subpart;
(ii) Failure of a significant number of vehicles or engines imported to comply with Federal emission requirements upon EPA inspection or retest; or
(iii) Failure by a certificate holder to comply with requirements of this subpart.
(3) The following procedures govern any decision to suspend, revoke, or refuse to issue certificates under this subpart:
(i) When grounds appear to exist for the actions described in paragraph (e)(1) of this section, the Administrator shall notify the certificate holder in writing of any intended suspension or revocation of a certificate, proposed ineligibility to apply for new certificates, or intended suspension of eligibility to conduct modification/testing under § 85.1509, and the grounds for such action.
(ii) Except as provided by paragraph (e)(3)(iv) of this section, the certificate holder must take the following actions before the Administrator will consider withdrawing notice of intent to suspend or revoke the certificate holder's certificate or the certificate holder's eligibility to perform modification/testing under § 85.1509:
(A) Submit a written report to the Administrator which identifies the reason for the noncompliance of the vehicle or engines, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the certificate holder to prevent the future occurrence of the problem, and states the date on which the remedies will be implemented; or
(B) Demonstrate that the vehicles or engines do in fact comply with applicable regulations in this chapter by retesting such vehicles or engines in accordance with the FTP.
(iii) A certificate holder may request within 15 calendar days of the Administrator's notice of intent to suspend or revoke a certificate holder's eligibility to perform modification/testing or certificate that the Administrator grant such certificate holder a hearing:
(A) As to whether the tests have been properly conducted,
(B) As to any substantial factual issue raised by the Administrator's proposed action.
(iv) If, after the Administrator notifies a certificate holder of his/her intent to suspend or revoke a certificate holder's certificate of conformity or its eligibility to perform modification/testing under § 85.1509 and prior to any final suspension or revocation, the certificate holder demonstrates to the Administrator's satisfaction that the decision to initiate suspension or revocation of the certificate or eligibility to perform modification/testing under § 85.1509 was based on erroneous information, the Administrator will withdraw the notice of intent.
(4) Hearings on suspensions and revocations of certificates of conformity or of eligibility to perform modification/testing under § 85.1509 shall be held in accordance with the following:
(i) Applicability. The procedures prescribed by this section shall apply whenever a certificate holder requests a hearing pursuant to subsection (e)(3)(iii).
(ii) Hearing under paragraph (e)(3)(iii) of this section shall be held in accordance with the procedures outlined in § 88.613, where applicable, provided that where § 86.612 is referred to in § 86.613: Section 86.612(a) is replaced by § 85.1513(d)(2); and § 86.612(i) is replaced by § 85.1513(d)(3)(iii).
(5) When a hearing is requested under this paragraph and it clearly appears from the data or other information contained in the request for a hearing, or submitted at the hearing, that there is no genuine and substantial question of fact with respect to the issue of whether the certificate holder failed to comply with this subpart, the Administrator will enter an order denying the request for a hearing, or terminating the hearing, and suspending or revoking the certificate of conformity or the certificate holder's eligibility to perform modification/testing under § 85.1509.
(6) In lieu of requesting a hearing under paragraph (e)(3)(iii) of this section, a certificate holder may respond in writing to EPA's charges in the notice of intent to suspend or revoke. Such a written response must be received by EPA within 30 days of the date of EPA's notice of intent. No final decision to suspend or revoke will be made before that time.
(a) Any importer may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is confidential, an importer must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of its submittal from which all confidential information has been deleted. If a need arises to publicly release nonconfidential information, EPA will assume that the submitter has accurately deleted the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Administrator only to the extent and by means of the procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter.
(a) Notwithstanding any other requirements of this subpart, any motor vehicle or motor vehicle engine conditionally imported pursuant to § 85.1505 or § 85.1509 and required to be emission tested shall be tested using the FCT at 40 CFR part 86 applicable to current
(b) The emission standards applicable to nonconforming light-duty vehicles and light-duty trucks imported pursuant to this subpart are outlined in tables 1 and 2 of this section, respectively. The useful life as specified in tables 1 and 2 of this section is applicable to imported light-duty vehicles and light-duty trucks, respectively.
(c)(1) Nonconforming motor vehicles or motor vehicle engines of 1994 OP model year and later conditionally imported pursuant to § 85.1505 or § 85.1509 shall meet all of the emission standards specified in 40 CFR part 86 for the OP year of the vehicle or motor vehicle engine. At the option of the ICI, the nonconforming motor vehicle may comply with the emissions standards in 40 CFR 86.1708-99 or 86.1709-99, as applicable to a light-duty vehicle or light light-duty truck, in lieu of the otherwise applicable emissions standards specified in 40 CFR part 86 for the OP year of the vehicle. The provisions of 40 CFR 86.1710-99 do not apply to imported nonconforming motor vehicles. The useful life specified in 40 CFR part 86 for the OP year of the motor vehicle or motor vehicle engine is applicable where useful life is not designated in this subpart.
(2)(i) Nonconforming light-duty vehicles and light light-duty trucks (LDV/LLDTs) originally manufactured in OP years 2004, 2005 or 2006 must meet the FTP exhaust emission standards of bin 9 in Tables S04-1 and S04-2 in 40 CFR 86.1811-04 and the evaporative emission standards for light-duty vehicles and light light-duty trucks specified in 40 CFR 86.1811-01(e)(5).
(ii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty passenger vehicles (MDPVs) originally manufactured in OP years 2004 through 2006 must meet the FTP exhaust emission standards of bin 10 in Tables S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative emission standards specified in 40 CFR 86.1811-04(e)(5). For 2004 OP year HLDTs and MDPVs where modifications commence on the first vehicle of a test group before December 21, 2003, this requirement does not apply to the 2004 OP year. ICIs opting to bring all of their 2004 OP year HLDTs and MDPVs into compliance with the exhaust emission standards of bin 10 in Tables S04-1 and S04-2 in 40 CFR 86.1811-04 , may use the optional higher NMOG values for their 2004-2006 OP year LDT2s and 2004-2008 LDT4s.
(iii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty passenger vehicles (MDPVs) originally manufactured in OP years 2007 and 2008 must meet the FTP exhaust emission standards of bin 8 in Tables S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative standards specified in 40 CFR 86.1811-04(e)(5).
(iv) Nonconforming LDV/LDTs originally manufactured in OP years 2007 and later and nonconforming HLDTs and MDPVs originally manufactured in OP years 2009 and later must meet the FTP exhaust emission standards of bin 5 in Tables S04-1 and S04-2 in 40 CFR 86.1811-04, and the evaporative standards specified in 40 CFR 86.1811(e)(1) through (e)(4).
(v) ICIs are exempt from the Tier 2 and the interim non-Tier2 phase-in intermediate percentage requirements for exhaust, evaporative, and refueling emissions described in 40 CFR 86.1811-04.
(vi) In cases where multiple standards exist in a given model year in 40 CFR part 86 due to phase-in requirements of new standards, the applicable standards for motor vehicle engines required to be certified to engine-based standards are the least stringent standards applicable to the engine type for the OP year.
(vii) Nonconforming LDV/LLDTs originally manufactured in OP years 2009 and later must meet the evaporative emission standards in Table S09-1 in 40 CFR 86.1811-09(e). However, LDV/LLDTs originally manufactured in OP years 2009 and 2010 and imported by ICIs who qualify as small volume manufacturers as defined in 40 CFR 86.1838-01 are exempt from the LDV/LLDT evaporative emission standards in Table S09-1 in 40 CFR 86.1811-09(e), but must comply with the Tier 2 evaporative emission standards in Table S04-3 in 40 CFR 86.1811-04(e).
(viii) Nonconforming HLDTs and MDPVs originally manufactured in OP years 2010 and later must meet the evaporative emission standards in
(3)(i) As an option to the requirements of paragraph (c)(2) of this section, independent commercial importers may elect to meet lower bins in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than specified in paragraph (c)(2) of this section and bank or sell credits as permitted in 40 CFR 86.1860-04 and 40 CFR 86.1861-04. An ICI may not meet higher bins in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than specified in paragraph (c)(2) of this section unless it demonstrates to the Administrator at the time of certification that it has obtained appropriate and sufficient NO
(ii) Where an ICI desires to obtain a certificate of conformity using a bin higher than specified in paragraph (c)(2) of this section, but does not have sufficient credits to cover vehicles produced under such certificate, the Administrator may issue such certificate if the ICI has also obtained a certificate of conformity for vehicles certified using a bin lower than that required under paragraph (c)(2) of this section. The ICI may then produce vehicles to the higher bin only to the extent that it has generated sufficient credits from vehicles certified to the lower bin during the same model year.
(4) [Reserved]
(5) Except for the situation where an ICI desires to bank, sell or use NO
(6) ICIs using bins higher than those specified in paragraph (c)(2) of this section must monitor their production so that they do not produce more vehicles certified to the standards of such bins than their available credits can cover. ICIs must not have a credit deficit at the end of a model year and are not permitted to use the deficit carryforward provisions provided in 40 CFR 86.1860-04(e).
(7) The Administrator may condition the certificates of conformity issued to ICIs as necessary to ensure that vehicles subject to paragraph (c) of this section comply with the appropriate average NO
(8)(i) Nonconforming LDV/LLDTs originally manufactured in OP years 2010 and later must meet the cold temperature NHMC emission standards in Table S10-1 in 40 CFR 86.1811-10(g).
(ii) Nonconforming HLDTs and MDPVs originally manufactured in OP years 2012 and later must meet the cold temperature NHMC emission standards in Table S10-1 in 40 CFR 86.1811-10(g).
(iii) ICIs, which qualify as small volume manufacturers, are exempt from the cold temperature NMHC phase-in intermediate percentage requirements described in 40 CFR 86.1811-10(g)(3). See 40 CFR 86.1811-04(k)(5)(vi) and (vii).
(iv) As an alternative to the requirements of paragraphs (c)(8)(i) and (ii) of this section, ICIs may elect to meet a cold temperature NMHC family emission level below the cold temperature NMHC fleet average standards specified in Table S10-1 of 40 CFR 86.1811-10 and bank or sell credits as permitted in 40 CFR 86.1864-10. An ICI may not meet a higher cold temperature NMHC family emission level than the fleet average standards in Table S10-1 of 40 CFR 86.1811-10 as specified in paragraphs (c)(8)(i) and (ii) of this section, unless it demonstrates to the Administrator at the time of certification that it has obtained appropriate and sufficient NMHC credits from another manufacturer, or has generated them in a previous model year or in the current model year and not traded them to another manufacturer or used them to
(v) Where an ICI desires to obtain a certificate of conformity using a higher cold temperature NMHC family emission level than specified in paragraphs (c)(8)(i) and (ii) of this section, but does not have sufficient credits to cover vehicles imported under such certificate, the Administrator may issue such certificate if the ICI has also obtained a certificate of conformity for vehicles certified using a cold temperature NMHC family emission level lower than that required under paragraphs (c)(8)(i) and (ii) of this section. The ICI may then import vehicles to the higher cold temperature NMHC family emission level only to the extent that it has generated sufficient credits from vehicles certified to a family emission level lower than the cold temperature NMHC fleet average standard during the same model year.
(vi) ICIs using cold temperature NMHC family emission levels higher than the cold temperature NMHC fleet average standards specified in paragraphs (c)(8)(i) and (ii) of this section must monitor their imports so that they do not import more vehicles certified to such family emission levels than their available credits can cover. ICIs must not have a credit deficit at the end of a model year and are not permitted to use the deficit carryforward provisions provided in 40 CFR 86.1864-10.
(vii) The Administrator may condition the certificates of conformity issued to ICIs as necessary to ensure that vehicles subject to this paragraph (c)(8) comply with the applicable cold temperature NMHC fleet average standard for each model year.
(d) Except as provided in paragraph (c) of this section, ICI's must not participate in emission-related programs for emissions averaging, banking and trading, or nonconformance penalties.
The requirements of this subpart are applicable to nonroad engines and nonroad vehicles.
As used in this subpart, all terms not defined shall have the meaning given them in the Clean Air Act, as amended.
(1) Except as discussed in paragraph (2) of this definition, a nonroad engine is any internal combustion engine:
(i) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or
(ii) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or
(iii) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
(2) An internal combustion engine is not a nonroad engine if:
(i) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Act; or
(ii) The engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the Act; or
(iii) The engine otherwise included in paragraph (1)(iii) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.
(a) For equipment that is used in applications in addition to farming or construction activities, if the equipment is primarily used as farm and/or construction equipment or vehicles, as defined in this subpart, it is considered farm or construction equipment or vehicles.
(b) States and any political subdivisions thereof are preempted from adopting or enforcing standards or other requirements from new engines smaller than 175 horsepower, that are primarily used in farm or construction equipment or vehicles, as defined in this subpart.
(c)(1) States and any political subdivisions thereof are preempted from adopting or enforcing standards or other requirements relating to the control of emissions from new locomotives and new engines used in locomotives.
(2) During a period equivalent in length to 133 percent of the useful life, expressed as MW-hrs (or miles where applicable), beginning at the point at which the locomotive or engine becomes new, those standards or other requirements which are preempted include, but are not limited to, the following: emission standards, mandatory fleet average standards, certification requirements, aftermarket equipment requirements, and nonfederal in-use testing requirements. The standards and other requirements specified in the preceding sentence are preempted whether applicable to new or other locomotives or locomotive engines.
(d) No state or any political subdivisions thereof shall enforce any standards or other requirements relating to the control of emissions from nonroad engines or vehicles except as provided for in this subpart.
(a) California shall request authorization to enforce its adopted standards and other requirements relating to the control of emissions from nonroad vehicles or engines that are otherwise not preempted by § 85.1603(b) or § 85.1603(c) from the Administrator of EPA and provide the record on which the state rulemaking was based.
(b) After receipt of the authorization request, the Administrator shall provide notice and opportunity for a public hearing regarding such requests.
(a) The Administrator shall grant the authorization if California determines that California standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards.
(b) The authorization shall not be granted if the Administrator finds that:
(1) The determination of California is arbitrary and capricious;
(2) California does not need such California standards to meet compelling and extraordinary conditions; or
(3) California standards and accompanying enforcement procedures are not consistent with section 209.
Any state other than California which has plan provisions approved under Part D of Title I of the Clean Air Act may adopt and enforce emission standards for any period, for nonroad vehicles and engines subject to the following requirements:
(a) The state must provide notice to the Administrator that it has adopted such standards.
(b) Such standards shall not apply to new engines which are used in construction equipment or vehicles or used in farm equipment or vehicles and which are smaller than 175 horsepower or to new locomotives or new engines used in locomotives.
(c) Such standards and implementation and enforcement shall be identical, for the period concerned, to the California standards authorized by the Administrator.
(d) The state shall adopt such standards at least two years before commencement of the period for which the standards take effect.
(e) California shall have adopted such standards two years before commencement of the period for which the standards take effect in the state that is adopting under section 209(e)(2)(B).
Secs. 208(b)(1), 216(2), and 301, Clean Air Act (42 U.S.C. 7522, 7550, and 7061).
(a) The provisions of this subpart regarding exemption are applicable to new and in-use motor vehicles and motor vehicle engines.
(b) The provisions of this subpart regarding exclusion are applicable after the effective date of these regulations.
(c) References in this subpart to engine families and emission control systems shall be deemed to apply to durability groups and test groups as applicable for manufacturers certifying new light-duty vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles under the provisions of 40 CFR part 86, subpart S.
(a) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act:
(1)
(2)
(3)
(4)
(5)
(a) For the purpose of determining the applicability of section 216(2), a vehicle which is self-propelled and capable of transporting a person or persons or any material or any permanently or temporarily affixed apparatus shall be deemed a motor vehicle, unless any one or more of the criteria set forth below are met, in which case the vehicle shall be deemed not a motor vehicle and excluded from the operation of the Act:
(1) The vehicle cannot exceed a maximum speed of 25 miles per hour over level, paved surfaces; or
(2) The vehicle lacks features customarily associated with safe and practical street or highway use, such features including, but not being limited to, a reverse gear (except in the case of motorcycles), a differential, or safety features required by state and/or federal law; or
(3) The vehicle exhibits features which render its use on a street or highway unsafe, impractical, or highly unlikely, such features including, but not being limited to, tracked road contact means, an inordinate size, or features ordinarily associated with military combat or tactical vehicles such as armor and/or weaponry.
(b) The Administrator will, from time to time, publish in the
(a) Any person may request a testing exemption.
(b) Any manufacturer may request a national security exemption under § 85.1708.
(c) For manufacturers, vehicles or engines for export purposes are exempt without application, subject to the provisions of § 85.1709. For eligible manufacturers, as determined by § 85.1706, vehicles or engines for pre-certification purposes are exempt without application, subject to the provisions of § 85.1706(a).
(a) Any person requesting a testing exemption must demonstrate the following:
(1) That the proposed test program has a purpose which constitutes an appropriate basis for an exemption in accordance with section 203(b)(1);
(2) That the proposed test program necessitates the granting of an exemption;
(3) That the proposed test program exhibits reasonableness in scope; and
(4) That the proposed test program exhibits a degree of control consonant with the purpose of the program and
(b) With respect to the purpose of the proposed test program, an appropriate purpose is one which is consistent with one or more of the bases for exemption set forth under section 203(b)(1), namely, research, investigations, studies, demonstrations, or training, but not including national security. A concise statement of purpose is a required item of information.
(c) With respect to the necessity that an exemption be granted, necessity arises from an inability to achieve the stated purpose in a practicable manner without performing or causing to be performed one or more of the prohibited acts under section 203(a). In appropriate circumstances time constraints may be a sufficient basis for necessity, but the cost of certification alone, in the absence of extraordinary circumstances, is not a basis for necessity.
(d) With respect to reasonableness, a test program must exhibit a duration of reasonable length and affect a reasonable number of vehicles or engines. In this regard, required items of information include:
(1) An estimate of the program's duration;
(2) The maximum number of vehicles or engines involved; and
(e) With respect to control, the test program must incorporate procedures consistent with the purpose of the test and be capable of affording EPA monitoring capability. As a minimum, required items of information include:
(1) The technical nature of the test;
(2) The site of the test;
(3) The time or mileage duration of the test;
(4) The ownership arrangement with regard to the vehicles or engines involved in the test;
(5) The intended final disposition of the vehicles or engines;
(6) The manner in which vehicle identification numbers or the engine serial numbers will be identified, recorded, and made available; and
(7) The means or procedure whereby test results will be recorded.
(f) A manufacturer of new motor vehicles or new motor vehicle engines may request a testing exemption to cover any vehicles and/or engines intended for use in test programs planned or anticipated over the course of a subsequent one-year period. Unless otherwise required by the Director, Manufacturers Operations Division, a manufacturer requesting such an exemption need only furnish the information required by paragraphs (a)(1) and (d)(2) of this section along with a description of the recordkeeping and control procedures that will be employed to assure that the vehicles and/or engines are used for purposes consistent with section 203(b)(1).
(a) Except as provided in paragraph (b) of this section, any pre-certification vehicle or pre-certification vehicle engine, as defined by § 85.1702(a) (3) or (4), is exempt from section 203(a), without application, if the manufacturer complies with the following terms and conditions:
(1) The manufacturer shall create, maintain, and make available at reasonable times for review or copying by appropriate EPA employees records which provide each vehicle identification or engine serial number, indicate the use of the vehicle or engine on exempt status and indicate the final disposition of any vehicle or engine removed from exempt status; and
(2) Unless the requirement is waived or an alternative procedure is approved by the Director, Manufacturers Operations Division, the manufacturer shall permanently affix to each vehicle or engine on exempt status in a readily visible portion of the engine compartment (on a readily visible portion of a heavy-duty engine or in a readily accessible position on a motorcycle) a label which cannot be removed without destruction or defacement and which states in the English language, in block letters and numerals of a color that contrasts with the background of the label, the following information:
(i) The label heading: Emission Control Information;
(ii) Full corporate name and trademark of manufacturer;
(iii) Engine displacement, engine family identification and model year of vehicle or engine; or person or office to be contacted for further information about the vehicle or engine;
(iv) The statement: THIS VEHICLE OR ENGINE IS EXEMPT FROM THE PROHIBITIONS OF SECTIONS 203(a)(1), (3) and (4) OF THE CLEAN AIR ACT, AS AMENDED.
(3) No provision of paragraph (a)(2) of this section shall prevent a manufacturer from including any other information it desires on the label.
(b) Any manufacturer that desires a pre-certification exemption and is in the business of importing, modifying or testing uncertified vehicles for resale under the provisions of 40 CFR 85.1501,
Where an uncertified vehicle or engine is a display vehicle or engine to be used solely for display purposes, will not be operated on the public streets or highways except for that operation incident and necessary to the display purpose, and will not be sold unless an applicable certificate of conformity has been received, no request for exemption of the vehicle or engine is necessary.
A manufacturer requesting a national security exemption must state the purpose for which the exemption is required and the request must be endorsed by an agency of the Federal Government charged with responsibility for national defense.
(a) A new motor vehicle or new motor vehicle engine intended solely for export, and so labeled or tagged on the outside of the container and on the vehicle or engine itself, shall be subject to the provisions of section 203(a) of the Act, unless the importing country has new motor vehicle emission standards which differ from the USEPA standards.
(b) For the purpose of paragraph (a) of this section, a country having no standards, whatsoever, is deemed to be a country having emission standards which differ from USEPA standards.
(c) EPA shall periodically publish in the
(d) It is a condition of any exemption for the purpose of export under section 203(b)(3) of the Act, that such exemption shall be void ab initio with respect to a new motor vehicle or new motor vehicle engine intended solely for export where:
(1) Such motor vehicle or motor vehicle engine is sold, or offered for sale, to an ultimate purchaser in the United States for purposes other than export; and
(2) The motor vehicle or motor vehicle engine manufacturer had reason to believe that any such vehicle would be sold or offered for sale as described in paragraph (d)(1) of this section.
(a) If upon completion of the review of an exemption request, as required by §§ 85.1705 and 85.1708, the granting of an exemption is deemed appropriate, a
(b) Any exemption granted pursuant to paragraph (a) of this section shall be deemed to cover any subject vehicle or engine only to the extent that the specified terms and conditions are complied with. A breach of any term or condition shall cause the exemption to be void ab initio with respect to any vehicle or engine. Consequently, the causing or the performing of an act prohibited under sections 203(a) (1) or (3) of the Clean Air Act other than in strict conformity with all terms and conditions of this exemption shall render the person to whom the exemption is granted, and any other person to whom the provisions of section 203 are applicable, liable to suit under sections 204 and 205 of the Act.
Requests for exemption or furtheinformation concerning exemptions and/or the exemption request review procedure should be addressed to:
(a) Any person or manufacturer may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is confidential, a person or manufacturer must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of it submittal from which all confidential information has been deleted. If a need arises to publicly release nonconfidential information, EPA will assume that the submitter has accurately deleted the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted pursuant to ths subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Administrator only to the extent and by means of the procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter, in accordance with 40 CFR 2.204(c)(2)(i)(A).
The provisions of this section apply for manufacturers of heavy-duty highway engines.
(a) Shipping an engine separately from an aftertreatment component that you have specified as part of its certified configuration will not be a violation of the prohibitions in Clean Air Act section 203 (42 U.S.C. 7522), if you follow the provisions of paragraph (b) or (c) of this section.
(b) If you include the cost of all aftertreatment components in the cost of the engine and ship the aftertreatment components directly to the vehicle manufacturer, or arrange for separate shipment by the component manufacturer to the vehicle manufacturer, you must meet all the following conditions:
(1) Apply for and receive a certificate of conformity for the engine and its emission-control system before shipment.
(2) Provide installation instructions in enough detail to ensure that the engine will be in its certified configuration if someone follows these instructions.
(3) Have a contractual agreement with a vehicle manufacturer obligating the vehicle manufacturer to complete the final assembly of the engine so it is in its certified configuration when installed in the vehicle. This agreement must also obligate the vehicle manufacturer to provide the affidavits required under paragraph (b)(4) of this section.
(4) Take appropriate additional steps to ensure that all engines will be in their certified configuration when installed by the vehicle manufacturer. At a minimum, you must obtain annual affidavits from every vehicle manufacturer to whom you sell engines under this section. Include engines that you sell through distributors or dealers. The affidavits must list the part numbers of the aftertreatment devices that vehicle manufacturers install on each engine they purchase from you under this section.
(5) Describe in your application for certification how you plan to use the provisions of this section and any steps you plan to take under paragraph (b)(3) of this section.
(6) Keep records to document how many engines you produce under this exemption. Also, keep records to document your contractual agreements under paragraph (b)(3) of this section. Keep all these records for five years after the end of the model year and make them available to us upon request.
(7) Make sure the engine has the emission control information label we require under the standard-setting part.
(c) If you do not include the cost of all aftertreatment components in the cost of the engine, you must meet all the conditions described in paragraphs (b)(1) through (7) of this section, with the following additional provisions:
(1) The contractual agreement described in paragraph (b)(3) of this section must include a commitment that the vehicle manufacturer will do the following things:
(i) Separately purchase the aftertreatment components you have specified in your application for certification.
(ii) Perform audits as described in paragraph (c)(3) of this section.
(2) Before you ship an engine under the provisions of this paragraph (c), you must have written confirmation that the vehicle manufacturer has ordered the appropriate aftertreatment components.
(3) You must audit vehicle manufacturers as follows:
(i) If you sell engines to 16 or more vehicle manufacturers under the provisions of this section, you must annually audit four vehicle manufacturers to whom you sell engines under this section. To select individual vehicle manufacturers, divide all the affected vehicle manufacturers into quartiles based on the number of engines they buy from you; select a single vehicle manufacturer from each quartile each model year. Vary the vehicle manufacturers you audit from year to year, though you may repeat an audit in a later model year if you find or suspect that a particular vehicle manufacturer is not properly installing aftertreatment devices.
(ii) If you sell engines to fewer than 16 vehicle manufacturers under the provisions of this section, set up a plan to audit each vehicle manufacturer on average once every four model years.
(iii) Starting with the 2014 model year, if you sell engines to fewer than 40 vehicle manufacturers under the provisions of this section, you may ask us to approve a reduced auditing rate. We may approve an alternate plan that involves auditing each vehicle manufacturer on average once every ten model years, as long as you show that
(iv) Audits must involve the assembling companies' facilities, procedures, and production records to monitor their compliance with your instructions, must include investigation of some assembled engines, and must confirm that the number of aftertreatment devices shipped were sufficient for the number of engines produced. Where a vehicle manufacturer is not located in the United States, you may conduct the audit at a distribution or port facility in the United States.
(v) If you produce engines and use them to produce vehicles under the provisions of this section, you must take steps to ensure that your facilities, procedures, and production records are set up to ensure compliance with the provisions of this section, but you may meet your auditing responsibilities under this paragraph (c)(3) of this section by maintaining a database showing how you pair aftertreatment components with the appropriate engines.
(vi) You must keep records of these audits for five years after the end of the model year and provide a report to us describing any uninstalled or improperly installed aftertreatment components. Send us these reports within 90 days of the audit, except as specified in paragraph (f) of this section.
(4) In your application for certification, give a detailed plan for auditing vehicle manufacturers, as described in paragraph (c)(3) of this section.
(d) An engine you produce under this section becomes new when it is fully assembled, except for aftertreatment devices, for the first time. Use this date to determine the engine's model year.
(e) Once the vehicle manufacturer takes possession of an engine exempted under this section, the exemption expires and the engine is subject to all the prohibitions in Clean Air Act section 203 (42 U.S.C. 7522).
(f) You must notify us within 15 days if you find from an audit or another source that a vehicle manufacturer has failed to meet its obligations under this section.
(g) We may suspend, revoke, or void an exemption under this section, as follows:
(1) We may suspend or revoke your exemption for the entire engine family if we determine that any of the engines are not in their certified configuration after installation in the vehicle, or if you fail to comply with the requirements of this section. If we suspend or revoke the exemption for any of your engine families under this paragraph (g), this exemption will not apply for future certificates unless you demonstrate that the factors causing the nonconformity do not apply to the other engine families. We may suspend or revoke the exemption for shipments to a single facility where final assembly occurs.
(2) We may void your exemption for the entire engine family if you intentionally submit false or incomplete information or fail to keep and provide to EPA the records required by this section.
(h) You are liable for the in-use compliance of any engine that is exempt under this section.
(i) It is a violation of the Act for any person to complete assembly of the exempted engine without complying fully with the installation instructions.
(j) [Reserved]
(k) You may ask us to provide a temporary exemption to allow you to complete production of your engines at different facilities, as long as you maintain control of the engines until they are in their certified configuration. We may require you to take specific steps to ensure that such engines are in their certified configuration before reaching the ultimate purchaser. You may request an exemption under this paragraph (k) in your application for certification, or in a separate submission.
Sec. 301(a), Clean Air Act, 81 Stat. 504, as amended by sec. 15(c), 84 Stat. 1713 (42 U.S.C. 1857g(a)). The regulations implement sec. 207(c) (1)-(2), Clean Air Act, 84 Stat. 1697 (42 U.S.C. 1847f-5a(c)(1)-(2)); sec. 208(a), Clean Air Act, 81 Stat. 501, as renumbered by sec. 8(a), 84 Stat. 1694 (42 U.S.C. 1857f-6(a)).
For the purposes of this subpart, except as otherwise provided, words shall be defined as provided for by sections 214 and 302 of the Clean Air Act, 42 U.S.C. 1857, as amended.
(a)
(b)
(a) A manufacturer will be notified whenever the Administrator has determined that a substantial number of a class or category of vehicles or engines produced by that manufacturer, although properly maintained and used, do not conform to the regulations prescribed under section 202 of the Act in effect during (and applicable to) the model year of such vehicle. The notification will include a description of each class or category of vehicles or engines encompassed by the determination of nonconformity, will give the factual basis for the determination of nonconformity (except information previously provided the manufacturer by the Agency), and will designate a date, no sooner than 45 days from the date of receipt of such notification, by which the manufacturer shall have submitted a plan to remedy the nonconformity.
(b) Unless a hearing is requested pursuant to § 85.1807, the remedial plan shall be submitted to the Administrator within the time limit specified in the Administrator's notification, provided that the Administrator may grant the manufacturer an extension upon good cause shown.
(c) If a manufacturer requests a public hearing pursuant to § 85.1807, unless as a result of such hearing the Administrator withdraws his determination of nonconformity, the manufacturer shall submit the remedial plan within 30 days of the end of such hearing.
(a) When any manufacturer is notified by the Administrator that a substantial number of any class or category of vehicles or engines, although properly maintained and used, do not conform to the regulations (including emission standards) or family particulate emission limits, as defined in part 86 promulgated under section 202 of the Act and in effect during (and applicable to) the model year of such class or classes of vehicles or engines, the manufacturer shall submit a plan to the Administrator to remedy such nonconformity. The plan shall contain the following:
(1) A description of each class or category of vehicle or engine to be recalled including the model year, the make, the model, and such other information as may be required to identify the vehicles or engines to be recalled.
(2) A description of the specific modifications, alterations, repairs, corrections, adjustments or other changes to be made to bring the vehicles or engines into conformity including a brief summary of the data and technical studies which support the manufacturer's decision as to the particular remedial changes to be used in correcting the nonconformity.
(3) A description of the method by which the manufacturer will determine the names and addresses of vehicle or engine owners.
(4) A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the remedial plan, an explanation of the manufacturer's reasons for imposing any such condition, and a description of the proof to be required of a vehicle or engine owner to demonstrate compliance with any such condition. Eligibility may not be denied solely on the basis that the vehicle or engine owner used parts not manufactured by the original equipment vehicle manufacturer, or had repairs performed by outlets other than the vehicle manufacturer's franchised dealers. No maintenance or use condition may be imposed unless it is, in the judgement of the Administrator, demonstrably related to preventing the nonconformity.
(5) A description of the procedure to be followed by vehicle or engine owners to obtain correction of the nonconformity. This shall include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor required to correct the nonconformity, and the designation of facilities at which the nonconformity can be remedied:
(6) If some or all of the nonconforming vehicles or engines are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of the class of persons other than dealers and authorized warranty agents of the manufacturer who will remedy the nonconformity, and a statement indicating that the participating members of the class will be properly equipped to perform such remedial action.
(7) Three copies of the letters of notification to be sent to vehicle or engine owners.
(8) A description of the system by which the manufacturer will assure that an adequate supply of parts will be available to perform the repair under the remedial plan including the date by which an adequate supply of parts will be available to initiate the repair campaign, the percentage of the total parts requirement of each person who is to perform the repair under the remedial plan to be shipped to initiate the campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand.
(9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the remedial plan.
(10) A description of the impact of the proposed changes on fuel consumption, driveability, and safety of each class or category of vehicles or engines to be recalled and a brief summary of the data, technical studies, or engineering evaluations which support these conclusions.
(11) Any other information, reports or data which the Administrator may reasonably determine is necessary to evaluate the remedial plan.
(b)(1) Notification to vehicle or engine owners shall be made by first class mail or by such means as approved by the Administrator:
(2) The manufacture shall use all reasonable means necessary to locate vehicle or engine owners:
(3) The Administrator reserves the right to require the manufacturer to send by first class mail or other reasonable means subsequent notification to vehicle or engine owners:
(c)(1) The manufacturer shall require those who perform the repair under the remedial plan to affix a label to each vehicle or engine repaired or, when required, inspected under the remedial plan.
(2) The label shall be placed in such location as approved by the Administrator consistent with State law and shall be fabricated of a material suitable for the location in which it is installed and which is not readily removable intact.
(3) The label shall contain:
(i) The recall campaign number; and
(ii) A code designating the campaign facility at which the repair, or inspection for repair was performed.
(4) The Administrator reserves the right to waive any or all of the requirements of this paragraph if he determines that they constitute an unwarranted burden to the manufacturer.
(d) The Administrator may require the manufacturer to conduct tests on components and vehicles or engines incorporating a proposed change, repair, or modification reasonably designed
An interpretive ruling regarding § 85.1803 is published in appendix A to this subpart.
(a) If the Administrator finds that the remedial plan is designed and effective to correct the nonconformity, he will so notify the manufacturer in writing. If the remedial plan is not approved, the Administrator will provide the manufacturer notice of the disapproval and the reasons for the disapproval in writing.
(b) Upon receipt of notice from the Administrator that the remedial plan has been approved, the manufacturer shall commence implementation of the approved plan. Notification of vehicle or engine owners shall be in accordance with requirements of this subpart and shall proceed as follows:
(1) When no public hearing as described in § 85.1807 is requested by the manufacturer, notification of vehicles or engine owners shall commence within 15 working days of the receipt by the manufacturer of the Administrator's approval unless otherwise specified by the Administrator.
(2) When a public hearing as described in § 85.1807 is held, unless as a result of such hearing the Administrator withdraws the determination of nonconformity, the Administrator shall, within 60 days after the completion of such hearing, order the manufacturer to provide prompt notification of such nonconformity.
(a) The notification of vehicle or engine owners shall contain the following:
(1) The statement: “The Administrator of the U.S. Environmental Protection Agency has determined that your vehicle or engine may be emitting pollutants in excess of the Federal emission standards or family particulate emission limits, as defined in Part 86. These standards or family particulate emission limits, as defined in Part 86 were established to protect the public health or welfare from the dangers of air pollution.”
(2) A statement that the nonconformity of any such vehicles or engines which have been, if required by the remedial plan, properly maintained and used, will be remedied at the expense of the manufacturer.
(3) A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the remedial plan and a description of the proof to be required of a vehicle or engine owner to demonstrate compliance with such condition. Eligibility may not be denied solely on the basis that the vehicle or engine owner used parts not manufactured by the original equipment vehicle manufacturer, or had repairs performed by outlets other than the vehicle manufacturer's franchised dealers.
(4) A clear description of the components which will be affected by the remedy and a general statement of the measures to be taken to correct the nonconformity.
(5) A statement that such nonconformity if not repaired may cause the vehicle or engine to fail an emission inspection test when such tests are required under State or local law.
(6) A description of the adverse affects, if any, that an uncorrected nonconformity would have on the performance or driveability of the vehicle or engine.
(7) A description of the adverse affects, if any, that such nonconformity would have on the functions of other engine components.
(8) A description of the procedure which the vehicle or engine owner should follow to obtain correction of the nonconformity. This shall include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor required to correct the nonconformity, and the designation of facilities at which the nonconformity can be remedied.
(9) A card to be used by a vehicle or engine owner in the event the vehicle or engine to be recalled has been sold.
(10) The statement: “In order to ensure your full protection under the emission warranty made applicable to your (vehicle or engine) by Federal law, and your right to participate in future recalls, it is recommended that you have (vehicle or engine) serviced as soon as possible. Failure to do so could legally be determined to be a lack of proper maintenance of your (vehicle or engine).”
(b) No notice sent pursuant to paragraph (a) of this section nor any other contemporaneous communication sent to vehicle or engine owners or dealers shall contain any statement or implication that the nonconformity does not exist or that the nonconformity will not degrade air quality.
(c) The manufacturer shall be informed of any other requirements pertaining to the notification under this section which the Administrator has determined are reasonable and necessary to ensure the effectiveness of the recall campaign.
(a) The manufacturer shall provide to the Administrator a copy of all communications which relate to the remedial plan directed to dealers and other persons who are to perform the repair under the remedial plan. Such copies shall be mailed to the Administrator contemporaneously with their transmission to dealers and other persons who are to perform the repair under the remedial plan.
(b) The manufacturer shall provide for the establishment and maintenance of records to enable the Administrator to conduct a continuing analysis of the adequacy of the recall campaign. The records shall include, for each class or category of vehicle or engine, but need not be limited to, the following:
(1) Recall campaign number as designated by the manufacturer.
(2) Date owner notification was begun, and date completed.
(3) Number of vehicles or engines involved in the recall campaign.
(4) Number of vehicles or engines known or estimated to be affected by the nonconformity.
(5) Number of vehicles or engines inspected pursuant to the remedial plan.
(6) Number of inspected vehicles found to be affected by the nonconformity.
(7) Number of vehicles actually receiving repair under the remedial plan.
(8) Number of vehicles determined to be unavailable for inspection or repair under the remedial plan due to exportation, theft, scrapping or for other reasons (specify).
(9) Number of vehicles or engines determined to be ineligible for remedial action due to a failure to properly maintain or use such vehicles or engines.
(c) If the manufacturer determines that the original answers for paragraphs (b) (3) and (4) of this section are incorrect, revised figures and an explanatory note shall be submitted. Answers to paragraphs (b) (5), (6), (7), and (8), and (9) of this section shall be cumulative totals.
(d) Unless otherwise directed by the Administrator, the information specified in paragraph (b) of this section shall be included in quarterly reports, with respect to each recall campaign, for six consecutive quarters beginning with the quarter in which the notification of owners was initiated, or until all nonconforming vehicles or engines involved in the campaign have been remedied, whichever occurs sooner. Such reports shall be submitted no later than 25 working days after the close of each calendar quarter.
(e) The manufacturer shall maintain in a form suitable for inspection, such as computer information storage devices or card files, lists of the names and addresses of vehicles or engine owners.
(1) To whom notification was given;
(2) Who received remedial repair or inspection under the remedial plan; and
(3) When eligibility for repair is conditioned on proper maintenance or use, that were determined not to qualify for such remedial action.
(f) The records described in paragraph (e) of this section shall be made available to the Administrator upon request.
(g) The records and reports required by this section shall be retained for not less than 5 years.
(a)
(1) “Hearing Clerk” shall mean the Hearing Clerk of the Environmental Protection Agency.
(2) “Intervener” shall mean a person who files a petition to be made an intervener pursuant to paragraph (g) of this section and whose petition is approved.
(3) “Manufacturer” refers to a manufacturer contesting a recall order directed at that manufacturer.
(4) “Party” shall include the Environmental Protection Agency, the manufacturer, and any interveners.
(5) “Presiding Officer” shall mean an Administrative Law Judge appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR Part 930 as amended).
(6) “Environmental Appeals Board” shall mean the Board within the Agency described in § 1.25 of this title. The Administrator delegates authority to the Environmental Appeals Board to issue final decisions in appeals filed under this subpart. Appeals directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered. This delegation of authority to the Environmental Appeals Board does not preclude the Environmental Appeals Board from referring an appeal or a motion filed under this subpart to the Administrator for decision when the Environmental Appeals Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Administrator, all parties shall be so notified and the rules in this part referring to the Environmental Appeals Board shall be interpreted as referring to the Administrator.
(b)
(ii) Subsequent to the expiration of the period for requesting a hearing as of right, the Administrator may, in his discretion and for good cause shown, grant the manufacturer a hearing to contest the nonconformity.
(2) The request for a public hearing shall contain:
(i) A statement as to which classes or categories of vehicles or engines are to be the subject of the hearing;
(ii) A concise statement of the issues to be raised by the manufacturer at the hearing for each class or category of engine or vehicle for which the manufacturer has requested the hearing; and
(iii) A statement as to reasons the manufacturer believes he will prevail on the merits on each of the issues so raised.
(3) A copy of all requests for public hearings shall be kept on file in the Office of the Hearing Clerk and shall be made available to the public during Agency business hours.
(c)
(2) Except for requests to commence a hearing, at the same time a party
(d)
(2) A prescribed period of time within which a party is required or permitted to do an act shall be computed from the time of service, except that when service is accomplished by mail, three days shall be added to the prescribed period.
(e)
(f)
(2) The notice of a public hearing shall include the following information:
(i) The purpose of the hearing and the legal authority under which the hearing is to be held;
(ii) A brief summary of the Administrator's determination of nonconformity;
(iii) A brief summary of the manufacturer's basis for contesting the Administrator's determination of nonconformity;
(iv) Information regarding the time and location of the hearing and the address to which all documents required or permitted to be filed should be sent;
(v) The address of the Hearing Clerk to whom all inquiries should be directed and with whom documents are required to be filed;
(vi) A statement that all petitions to be made an intervener must be filed with the Hearing Clerk within 25 days from the date of the notice of public hearing and must conform to the requirements of paragraph (g) of this section.
(3) The notice of public hearing shall be issued by the Assistant Administrator for Enforcement and General Counsel.
(g)
(2) In passing upon a petition to intervene, the following factors, among other things, shall be considered by the Presiding Officer:
(i) The nature of the petitioner's interest including the nature and the extent of the property, financial, environmental protection, or other interest of the petitioner;
(ii) The effect of the order which may be entered in the proceeding on petitioner's interest;
(iii) The extent to which the petitioner's interest will be represented by existing parties or may be protected by other means;
(iv) The extent to which petitioner's participation may reasonably be expected to assist materially in the development of a complete record;
(v) The effect of the intervention on the Agency's statutory mandate.
(3) A petition to intervene must be filed within 25 days following the notice of public hearing under section 207(c) (1) of the Act and shall be served on all parties. Any opposition to such petition must be filed within five days of such service.
(4) All petitions to be made an intervener shall be reviewed by the Presiding Officer using the criteria set forth in paragraph (g)(2) of this section and considering any oppositions to such petition. Where the petition demonstrates that the petitioner's interest is limited to particular issues, the Presiding Officer may, in granting such petition, limit petitioner's participation to those particular issues only.
(5) If the Presiding Officer grants the petition with respect to any or all issues, he shall so notify, or direct the Hearing Clerk to notify, the petitioner and all parties. If the Presiding Officer denies the petition he shall so notify, or direct the Hearing Clerk to notify, the petitioner and all parties and shall briefly state the reasons why the petition was denied.
(6) All petitions to be made an intervener shall include an agreement by the petitioner, and any person represented by the petitioner, to be subject to examination and cross-examination and to make any supporting and relevant records available at its own expense upon the request of the Presiding Officer, on his own motion or the motion of any party or other intervener. If the intervener fails to comply with any such request, the Presiding Officer may in his discretion, terminate his status as an intervener.
(h)
(i)
(j)
(1) To administer oaths and affirmations;
(2) To rule upon offers of proof and receive relevant evidence;
(3) To regulate the course of the hearings and the conduct of the parties and their counsel therein;
(4) To hold conferences for simplification of the issues or any other proper purpose;
(5) To consider and rule upon all procedural and other motions appropriate in such proceedings;
(6) To require the submission of direct testimony in written form with or without affidavit whenever, in the opinion of the Presiding Officer, oral testimony is not necessary for full and true disclosure of the facts. Testimony concerning the conduct and results of tests and inspections may be submitted in written form.
(7) To enforce agreements and orders requiring access as authorized by law;
(8) To require the filing of briefs on any matter on which he is required to rule;
(9) To require any party or any witness, during the course of the hearing, to state his position on any issue;
(10) To take or cause depositions to be taken whenever the ends of justice would be served thereby;
(11) To make decisions or recommend decisions to resolve the disputed issues of the record of the hearing.
(12) To issue, upon good cause shown, protective orders as described in paragraph (n) of this section.
(k)
(i) Obtain stipulations and admissions, receive requests and order depositions to be taken, identify disputed issues of fact and law, and require or allow the submission of written testimony from any witness or party;
(ii) Set a hearing schedule for as many of the following as are deemed necessary by the Presiding Officer:
(A) Oral and written statements;
(B) Submission of written direct testimony as required or authorized by the Presiding Officer;
(C) Oral direct and cross-examination of a witness where necessary as prescribed in paragraph (p) of this section;
(D) Oral argument, if appropriate.
(iii) Identify matters of which official notice may be taken;
(iv) Consider limitation of the number of expert and other witnesses;
(v) Consider the procedure to be followed at the hearing; and
(vi) Consider any other matter that may expedite the hearing or aid in the disposition of the issue.
(2) The results of any conference including all stipulations shall, if not transcribed, be summarized in writing by the Presiding Officer and made part of the record.
(l)
(2) The Presiding Officer, may, upon motion by a party or other person, and for good cause shown, by order (i) restrict or defer disclosure by a party of the name of a witness or a narrative summary of the expected testimony of a witness, and (ii) prescribe other appropriate measures to protect a witness. Any party affected by any such action shall have an adequate opportunity, once he learns the name of a witness and obtains the narrative summary of his expected testimony, to prepare for the presentation of his case.
(m)
(i) That such discovery will not in any way unreasonably delay the proceeding;
(ii) That the information to be obtained is not obtainable voluntarily; and
(iii) That such information has significant probative value. The Presiding Officer shall be guided by the procedures set forth in the Federal Rules of Civil Procedure, where practicable, and the precedents thereunder, except that no discovery shall be undertaken except upon order of the Presiding Officer or upon agreement of the parties.
(2) The Presiding Officer shall order depositions upon oral questions only upon a showing of good cause and upon a finding that:
(i) The information sought cannot be obtained by alternative methods; or
(ii) There is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing.
(3) Any party to the proceeding desiring an order of discovery shall make a motion or motions therefor. Such a motion shall set forth:
(i) The circumstances warranting the taking of the discovery;
(ii) The nature of the information expected to be discovered; and
(iii) The proposed time and place where it will be taken. If the Presiding Officer determines the motion should
(4) Failure to comply with an order issued pursuant to this paragraph may lead to the inference that the information to be discovered would be adverse to the person or party from whom the information was sought.
(n)
(2)(i) A party or person seeking a protective order may be permitted to make all or part of the required showing in camera. A record shall be made of such in camera proceedings. If the Presiding Officer enters a protective order following a showing in camera, the record of such showing shall be sealed and preserved and made available to the Agency or court in the event of appeal.
(ii) Attendance at any in camera proceeding may be limited to the Presiding Officer, the Agency, and the person or party seeking the protective order.
(3) Any party, subject to the terms and conditions of any protective order issued pursuant to paragraph (n)(1) of this section, desiring for the presentation of his case to make use of any in camera documents or testimony shall make application to the Presiding Officer by motion setting forth the justification therefor. The Presiding Officer, in granting any such motion, shall enter an order protecting the rights of the affected persons and parties and preventing unnecessary disclosure of such information, including the presentation of such information and oral testimony and cross-examination concerning it in executive session, as in his discretion is necessary and practicable.
(4) In the submittal of proposed findings, briefs, or other papers, counsel for all parties shall make a good faith attempt to refrain from disclosing the specific details of
(o)
(2) Within ten days after service of any motion filed pursuant to this section, or within such other time as may be fixed by the Environmental Appeals Board or the Presiding Officer, as appropriate, any party may serve and file an answer to the motion. The movant
(3) The Presiding Officer shall rule upon all motions filed or made prior to the filing of his decision or accelerated decision, as appropriate. The Environmental Appeals Board shall rule upon all motions filed prior to the appointment of a Presiding Officer and all motions filed after the filing of the decision of the Presiding Officer or accelerated decision. Oral argument of motions will be permitted only if the Presiding Officer or the Environmental Appeals Board, as appropriate, deems it necessary.
(p)
(2) The Presiding Officer shall allow the parties to examine and to crossexamine a witness to the extent that such examination and cross-examination is necessary for a full and true disclosure of the facts.
(3) Rulings of the Presiding Officer on the admissibility of evidence, the propriety of examination and cross-examination and other procedural matters shall appear in the record.
(4) Parties shall automatically be presumed to have taken exception to an adverse ruling.
(q)
(2) Applications for interlocutory appeal of any ruling or order of the Presiding Officer may be filed with the Presiding Officer within 5 days of the issuance of the ruling or order being appealed. Answers thereto by other parties may be filed within 5 days of the service of such applications.
(3) The Presiding Officer shall rule on such applications within 5 days of the filing of such application or answers thereto.
(4) Applications to file such appeals absent consent of the Presiding Officer shall be filed with the Environmental Appeals Board within 5 days of the denial of any appeal by the Presiding Officer.
(5) The Environmental Appeals Board will consider the merits of the appeal on the application and any answers thereto. No oral argument will be heard nor other briefs filed unless the Environmental Appeals Board directs otherwise.
(6) Except under extraordinary circumstances as determined by the Presiding Officer, the taking of an interlocutory appeal will not stay the hearing.
(r)
(2) The official transcripts and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record.
(s)
(2) The record shall show the Presiding Officer's ruling on the proposed findings and conclusions except when his order disposing of the proceeding otherwise informs the parties of the action taken by him thereon.
(t)
(2) The Presiding Officer's decision shall become the opinion of the Environmental Appeals Board (i) when no notice of intention to appeal as described in paragraph (u) of this section is filed, 30 days after the issuance thereof, unless in the interim the Environmental Appeals Board shall have taken action to review or stay the effective date of the decision; or (ii) when a notice of intention to appeal is filed but the appeal is not perfected as required by paragraph (u) of this section, 5 days after the period allowed for perfection of an appeal has expired unless within that 5 day period, the Environmental Appeals Board shall have taken action to review or stay the effective date of the decision.
(3) The Presiding Officer's decision shall include a statement of findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact or law presented on the record and an appropriate rule or order. Such decision shall be supported by substantial evidence and based upon a consideration of the whole record.
(4) At any time prior to the issuance of his decision, the Presiding Officer may reopen the proceeding for the reception of further evidence. Except for the correction of clerical errors, the jurisdiction of the Presiding Officer is terminated upon the issuance of his decision.
(u)
(2) When an appeal is taken from the decision of the Presiding Officer, any party may file a brief with respect to such appeal. The brief shall be filed within 20 days of the date of the filing of the appellant's brief.
(3) Any brief filed pursuant to this paragraph shall contain in the order indicated, the following:
(i) A subject index of the matter in the brief, with page references, and a table of cases (alphabetically arranged), textbooks, statutes, and other material cited, with page references thereto;
(ii) A specification of the issues intended to be urged;
(iii) The argument presenting clearly the points of fact and law relied upon in support of the position taken on each issue, with specific page references to the record and the legal or other material relied upon; and
(iv) A proposed form of rule or order for the Environmental Appeals Board's consideration if different from the rule or order contained in the Presiding Officer's decision.
(4) No brief in excess of 40 pages shall be filed without leave of the Environmental Appeals Board.
(5) Oral argument will be allowed in the discretion of the Environmental Appeals Board.
(v)
(2) The Environmental Appeals Board, upon receipt of notice from the Hearing Clerk that no notice of intention to appeal has been filed, or if filed, not perfected pursuant to paragraph (u) of this section, may, on its own motion, within the time limits specified
(w)
(2) In rendering its decision, the Environmental Appeals Board shall adopt, modify, or set aside the findings, conclusions, and rule or order contained in the decision of the Presiding Officer and shall set forth in its decision a statement of the reasons or bases for its action.
(3) In those cases where the Environmental Appeals Board determines that it should have further information or additional views of the parties as to the form and content of the rule or order to be issued, the Environmental Appeals Board, in its discretion, may withhold final action pending the receipt of such additional information or views, or may remand the case to the Presiding Officer.
(x)
(y)
(i) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel;
(ii) There is no genuine issue of material fact and a party is entitled to judgment as a matter of law; or
(iii) Such other and further reasons as are just, including specifically failure to obey a procedural order of the Presiding Officer.
(2) If under this paragraph an accelerated decision is issued as to all the issues and claims joined in the proceeding, the decision shall be treated for the purposes of these procedures as the decision of the Presiding Officer as provided in paragraph (p) of this section.
(3) If under this paragraph, judgment is rendered on less than all issues or claims in the proceeding, the Presiding Officer shall determine what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. He shall thereupon issue an order specifying the facts which appear without substantial controversy, and the issues and claims upon which the hearing will proceed.
(z)
(2) If an appeal of the Presiding Officer's decision is taken pursuant to paragraph (u) of this section, or if, in the absence of such appeal, the Environmental Appeals Board moves to review the decision of the Presiding Officer pursuant to paragraph (v) of this section, the hearing will be deemed to have ended upon the rendering of a final decision by the Environmental Appeals Board.
(aa)
Such officer shall be responsible for filing in the court the record on which the order of the Environmental Appeals Board is based.
(2) Before forwarding the record to the court, the Agency shall advise the petitioner of costs of preparing it and as soon as payment to cover fees is made shall forward the record to the court.
(a) Any manufacturer may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is confidential, a person or manufacturer must indicate clearly the items of information claimed confidential by marking, circling bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of its submittal from which all confidential information has been deleted. If a need arises to publicly release nonconfidential information, EPA will assume that the submitter has accurately deleted the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Environmental Appeals Board only to the extent and by means of the procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter, in accordance with 40 CFR 2.204(c)(2)(i)(A).
The purpose of this rule is to set forth EPA's interpretation regarding one aspect of a motor vehicle or motor vehicle engine manufacturer's recall liability under section 207(c)(1) of the Clean Air Act, 42 U.S.C. 7641(c)(1). This rule will provide guidance to vehicle and engine manufacturers to better enable them to submit acceptable remedial plans.
Section 207(c)(1) requires the Administrator to base a recall order on a determination that a substantial number of in-use vehicles or engines within a given class or category of vehicles or engines, although properly maintained and used, fail to conform to the regulations prescribed under section 202 when in actual use throughout their useful lives. After making such a determination, he shall require the manufacturer to submit a plan to remedy the nonconformity of any such vehicles or engines. The plan shall provide that the manufacturer will remedy, at the manufacturer's expense, all properly maintained and used vehicles which experienced the nonconformity during their useful lives regardless of their age or mileage at the time of repair.
Secs. 208(a) and 301(a), Clean Air Act, as amended (42 U.S.C. 1857f-6(a) and 1857g(a)).
The requirements of this subpart shall be applicable to all 1972 and later model year vehicles and engines. The requirement to report emission-related defects affecting a given class or category of vehicles or engines shall remain applicable for five years from the end of the model year in which such vehicles or engines were manufactured.
For the purposes of this subpart and unless otherwise noted:
(a)
(b) The phrase emission-related defect shall mean a defect in design, materials, or workmanship in a device, system, or assembly described in the approved Application for Certification (required by 40 CFR 86.1843-01 and 86.1844-01, 40 CFR 86.098-22 and like provisions of subpart A of this part and 40 CFR part 86) which affects any parameter or specification enumerated in Appendix VIII of this part.
(c) The phrase
(d) The phrase
(e) The phrase
(f) The term
(a) A manufacturer shall file a defect information report whenever, on the basis of data obtained subsequent to the effective date of these regulations:
(1) The manufacturer determines in accordance with procedures established by the manufacturer to identify safety related defects (pursuant to 15 U.S.C. 1381 et seq., as amended) that a specific emission-related defect exists; and
(2) That the specific emission-related defect exists in twenty-five or more vehicles or engines of the same model year.
(b) Defect information reports required under paragraph (a) of this section shall be submitted not more than 15 working days after an emission-related defect is found to affect twenty-five vehicles or engines of the same model year. Items of information required by paragraph (c) of this section that are either not available within that period or are significantly revised shall be submitted as they become available.
(c) Except as provided in paragraph (b) of this section, each defect report shall contain the following information in substantially the format outlined below:
(1) The manufacturer's corporate name.
(2) A description of the defect.
(3) A description of each class or category of vehicles or engines potentially affected by the defect including make, model, model year, and such other information as may be required to identify the vehicles or engines affected.
(4) For each class or category of vehicle or engine described in response to paragraph (c)(3) of this section, the following shall also be provided:
(i) The number of vehicles or engines known or estimated to have the defect and an explanation of the means by which this number was determined.
(ii) The address of the plant(s) at which the potentially defective vehicles or engines were produced.
(5) An evaluation of the emissions impact of the defect and a description of any driveability problems which a defective vehicle might exhibit.
(6) Available emissions data which relate to the defect.
(7) An indication of any anticipated manufacturer follow-up.
(a) When any manufacturer initiates a voluntary emissions recall campaign involving twenty-five or more vehicles or engines, the manufacturer shall submit a report describing the manufacturer's voluntary emissions recall plan as prescribed by this section within 15 working days of the date owner notification was begun. The report shall contain the following:
(1) A description of each class or category of vehicle or engine recalled including the number of vehicles to be recalled, the model year, the make, the model, and such other information as may be required to identify the vehicles or engines recalled.
(2) A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the vehicles or engines affected by the emission-related defect.
(3) A description of the method by which the manufacturer will determine the names and addresses of vehicle or engine owners and the method by which they will be notified.
(4) A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the remedial plan, an explanation of the manufacturer's reasons for imposing any such condition, and a description of the proof to be required of a vehicle or engine owner to demonstrate compliance with any such condition.
(5) A description of the procedure to be followed by vehicle or engine owners to obtain correction of the nonconformity. This shall include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the defect, and the designation of facilities at which the defect can be remedied.
(6) If some or all of the nonconforming vehicles or engines are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of the class of persons other than dealers and authorized warranty agents of the manufacturer who will remedy the defect.
(7) Three copies of the letters of notification to be sent to vehicle or engine owners.
(8) A description of the system by which the manufacturer will assure that an adequate supply of parts will be available to perform the repair under the remedial plan including the date by which an adequate supply of parts will be available to initiate the repair campaign, the percentage of the total parts requirement of each person who is to perform the repair under the remedial plan to be shipped to initiate the campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand.
(9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the remedial plan.
(10) A description of the impact of the proposed changes on fuel consumption, driveability, and safety of each class or category of vehicles or engines to be recalled.
(11) A sample of any label to be applied to vehicles or engines which participate in the voluntary recall campaign.
(b) Unless otherwise specified by the Administrator, the manufacturer shall report on the progress of the recall campaign by submitting subsequent reports for six consecutive quarters commencing with the quarter after the voluntary emissions recall campaign actually begins. Such reports shall be submitted no later than 25 working days after the close of each calendar quarter. For each class or category of vehicle or engine subject to the voluntary emissions recall campaign, the quarterly report shall contain the:
(1) Emission recall campaign number, if any, designated by the manufacturer.
(2) Date owner notification was begun, and date completed.
(3) Number of vehicles or engines involved in the voluntary emissions recall campaign.
(4) Number of vehicles or engines known or estimated to be affected by the emission-related defect and an explanation of the means by which this number was determined.
(5) Number of vehicles or engines inspected pursuant to the voluntary emissions recall plan.
(6) Number of inspected vehicles found to be affected by the emission-related defect.
(7) Number of vehicles actually receiving repair under the remedial plan.
(8) Number of vehicles determined to be unavailable for inspection or repair under the remedial plan due to exportation, theft, scrapping, or for other reasons (specify).
(9) Number of vehicles or engines determined to be ineligible for remedial action due to a failure to properly maintain or use such vehicles or engines.
(10) Three copies of any service bulletins transmitted to dealers which relate to the defect to be corrected and which have not previously been reported.
(11) Three copies of all communications transmitted to vehicle or engine owners which relate to the defect to be corrected and which have not previously been submitted.
(c) If the manufacturer determines that any of the information requested in paragraph (b) of this section has changed or was incorrect, revised information and an explanatory note shall be submitted. Answers to paragraphs (b)(5), (6), (7), (8), and (9) of this section shall be cumulative totals.
(d) The manufacturer shall maintain in a form suitable for inspection, such as computer information storage devices or card files, the names and addresses of vehicles or engine owners:
(1) To whom notification was given;
(2) Who received remedial repair or inspection under the remedial plan; and
(3) Who were determined not to qualify for such remedial action when eligibility is conditioned on proper maintenance or use.
(e) The records described in paragraph (d) of this section shall be made available to the Administrator upon request.
(a) Any manufacturer may submit a plan for making either of the reports required by §§ 85.1903 and 85.1904 on computer cards, magnetic tape or other machine readable format. The proposed plan shall be accompanied by sufficient technical detail to allow a determination that data requirements of these sections will be met and that the data in such format will be usable by EPA.
(b) Upon approval by the Administrator of the proposed reporting system, the manufacturer may utilize such system until otherwise notified by the Administrator.
(a) The reports required by §§ 85.1903 and 85.1904 shall be sent to: Director, Manufacturers Operations Division (EN 340), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(b) The information gathered by the manufacturer to compile the reports required by § 85.1903 and § 85.1904 shall be retained for not less than five years from the date of the manufacture of the vehicles or engines and shall be made available to duly authorized officials of the EPA upon request.
The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any provision of law.
(a) The act of filing an Emission Defect Information Report pursuant to § 85.1903 is inconclusive as to the existence of a defect subject to the Production Warranty provided by section 207 (a) of the Act.
(b) A manufacturer may include on each page of its Emission Defect Information Report a disclaimer stating that the filing of a Defect Information Report pursuant to these regulations is not conclusive as to the applicability of the Production Warranty provided by section 207(a) of the Act.
(a) Any manufacturer may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is confidential, a manufacturer must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of its submittal from which all confidential information has been deleted. If a need arises to publicly release nonconfidential information, EPA will assume that the submitter has accurately deleted all confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Administrator only to the extent and by means of the procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter, in accordance with 40 CFR 2.204(c)(2)(i)(A).
Secs. 203, 207, 208, and 301(a), Clean Air Act, as amended (42 U.S.C. 7522, 7541, 7542, and 7601(a)).
(a) Sections 85.2101 through 85.2111 are applicable to all 1981 and later model year light-duty vehicles and light-duty trucks.
(b) References in this subpart to engine families and emission control systems shall be deemed to apply to durability groups and test groups as applicable for manufacturers certifying new light-duty vehicles and light-duty trucks under the provisions of 40 CFR part 86, subpart S.
(a) As used in §§ 85.2101 through 85.2111 all terms not defined herein shall have the meaning given them in the Act:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(i) In accordance with the instructions specified for performance on the manufacturer's prototype vehicle used in certification (including those specified for vehicles used under special circumstances), and
(ii) In compliance with the requirements of 40 CFR 86.094-38 or 86.1808-01 (as appropriate for the applicable model year vehicle/engine classification); and
(iii) In compliance with any other regulations promulgated by the Office Director governing maintenance and use instructions.
(14)
(15)
(16)
(17)
(18)
(a) The manufacturer of each vehicle to which this subpart applies shall warrant in writing that if:
(1) The vehicle is maintained and operated in accordance with the written instructions for proper maintenance and use and
(2) The vehicle fails to conform at any time during its useful life to the
(3) Such nonconformity results or will result in the vehicle owner having to bear any penalty or other sanction (including the denial of the right to use the vehicle) under local, State or Federal law, then the manufacturer shall remedy the nonconformity at no cost to the owner;
(b) The warranty period shall begin on the date the vehicle is delivered to its ultimate purchaser, or if the vehicle is first placed in service as a “demonstrator” or “company” car prior to delivery, on the date it is first placed in service.
(a) An emission performance warranty claim may be denied on the basis of noncompliance by a vehicle owner with the written instructions for proper maintenance and use.
(b) When determining whether an owner has complied with the written instructions for proper maintenance and use, a vehicle manufacturer may require an owner to submit evidence of compliance only with those written maintenance instructions for which the manufacturer has an objective reason for believing:
(1) Were not performed; and
(2) If not performed could be the cause of the particular vehicle's exceeding applicable emission standards.
(c) Evidence of compliance with a maintenance instruction may consist of:
(1) A maintenance log book which has been validated at the approximate time or mileage intervals specified for service by someone who regularly engages in the business of servicing automobiles for the relevant maintenance instruction(s); or
(2) A showing that the vehicle has been submitted for scheduled maintenance servicing at the approximate time or mileage intervals specified for service to someone who regularly engages in the business of servicing automobiles for the purpose of performing the relevant maintenance; or
(3) A statement by the vehicle owner that he or she performed the maintenance at the approximate time or mileage interval specified including a showing,
(i) That the owner purchased and used proper parts, and
(ii) Upon request by the vehicle manufacturer, that the owner is able to perform the maintenance properly.
(d) Except as provided in paragraph (e) of this section, the time/mileage interval for scheduled maintenance services shall be the service interval specified for the part in the written instructions for proper maintenance and use.
(e) For certified parts having a maintenance or replacement interval different from that specified in the written instructions for proper maintenance and use, the time/mileage interval shall be the service interval for which the part was certified.
(f) The owner may perform maintenance or have maintenance performed more frequently then required in the maintenance instructions.
(g) Except as provided in paragraph (h) of this section, a manufacturer may deny an emission performance warranty claim on the basis of noncompliance with the written instructions for proper maintenance and use only if:
(1) An owner is not able to comply with a request by a manufacturer for evidence pursuant to paragraph (c) of this section; or
(2) Notwithstanding the evidence presented pursuant to paragraph (c) of this section, the manufacturer is able to prove that the vehicle failed an emission short test because:
(i) The vehicle was abused, or
(ii) An instruction for the proper maintenance and use was performed in a manner resulting in a component's
(iii) Unscheduled maintenance was performed on a vehicle which resulted in the removing or rendering inoperative of any component affecting the vehicle's emissions.
(h) In no case may a manufacturer deny an emission performance warranty claim on the basis of:
(1) Warranty work or predelivery service performed by any facility authorized by the vehicle manufacturer to perform such work or service; or
(2) Work performed in an emergency situation to rectify an unsafe condition, including an unsafe driveability condition, attributable to the manufacturer, provided the vehicle owner has taken steps to put the vehicle back in a conforming condition in a timely manner; or
(3) The use of any uncertified part or non-compliance with any written instruction for proper maintenance and use which is not relevant to the reason that the vehicle failed to comply with applicable emission standards; or
(4) Any cause attributable to the vehicle manufacturer; or
(5) The use of any fuel which is commonly available in the geographical area in which the vehicle or engine is located, unless the written instructions for proper maintenance and use specify that the use of that fuel would adversely affect the emission control devices and systems of the vehicle, and there is commonly available information for the owner to identify the proper fuel to be used.
(a) No valid emission performance warranty claim shall be denied on the basis of the use of a properly installed certified aftermarket part in the maintenance or repair of a vehicle. A vehicle manufacturer that honors a valid emission performance warranty claim involving a certified aftermarket part may seek reimbursement for reasonable expenses incurred in honoring the claim by following the warranty claim procedures listed in § 85.2107(c).
(b) Except as provided in § 85.2104(h), a vehicle manufacturer may deny an emission performance warranty claim on the basis of an uncertified aftermarket part used in the maintenance or repair of a vehicle if the vehicle manufacturer can demonstrate that the vehicle's failure to meet emission standards was caused by use of the uncertified part. A warranty claim may be denied if the vehicle manufacturer submits a written document to the vehicle owner that the vehicle owner is unable or unwilling to refute. The document must:
(1) Establish a causal connection between the emissions short test failure and use of the uncertified part, and,
(2) Assert that:
(i) Removal of the uncertified part and installation of any comparable certified or original equipment part previously removed or replaced during installation of the uncertified part will resolve the observed emissions failure in the vehicle, and/or
(ii) Use of the uncertified part has caused subsequent damage to other specified certified components such that replacement of these components would also be necessary to resolve the observed vehicle emissions failure, and,
(3) List all objective evidence as defined in § 85.2102 that was used in the determination to deny warranty. This evidence must be made available to the vehicle owner or EPA upon request, and
(c) A part not required to be replaced at a definite interval in accordance with the written instructions for maintenance and use shall be warranted for the full term of any warranty mandated by the Act. Instructions to replace a component only if checked and found to be operating below specification shall have no bearing on warrranty coverage, unless an owner did not follow such an instruction prior to the short test failure and noncompliance with that instruction caused the failure of another vehicle component relevant to the nonconformity.
(a) A claim under the emission performance warranty may be raised immediately upon the failure of an EPA-approved emission test if, as a result of that failure, an owner is required to take action of any kind in order to avoid imposition of a penalty or sanction. An owner need not suffer the loss of the right to use a vehicle, be fined, incur repair expenses, or actually bear any penalty or sanction to satisfy the requirement of § 85.2103(a)(3). That requirement shall be met if a test failure sets a procedure in motion under which the owner will bear a penalty or sanction if a vehicle is not brought into conformity or repaired to some specified extent within some specified period of time.
(b) A warranty claim may be submitted by bringing a vehicle to:
(1) Any repair facility authorized by the vehicle manufacturer to service that model vehicle, or
(2) Any repair facility authorized by the vehicle manufacturer to perform emission performance warranty repairs for that model vehicle.
(c) To the extent required by any Federal or State law, whether statutory or common law, a vehicle manufacturer shall be required to provide a means for non-franchised repair facilities to perform emission performance warranty repairs.
(d) The manufacturer of each vehicle to which the warranty is applicable shall establish procedures as to the manner in which a claim under the emission performance warranty is to be processed. The procedures shall:
(1) Provide for a final decision by the vehicle manufacturer within a reasonable time, not to exceed 30 days from the time at which the vehicle is initially presented for repair or within the time period during which an owner is required by local, State or federal law to have the vehicle repaired without incurring further penalties or sanctions (whichever is shorter), unless a delay
(i) Is requested by the vehicle owner, or
(ii) Is caused by an event not attributable to the vehicle manufacturer or the warranty repair facility; and
(2) Require that if the facility at which the vehicle is initially presented for repair is unable for any reason to honor the particular claim, then, unless this requirement is waived in writing by the vehicle owner, the repair facility shall forward the claim to an individual or office authorized to make emission performance warranty determinations for the manufacturer.
(e) Within the time period specified in paragraph (d) of this section the manufacturer shall:
(1) Notify the owner that it will honor the claim; or
(2) Provide the owner, in writing, with an explanation of the basis upon which the claim is being denied; or
(3) If the basis of the claim denial involves use of an uncertified part, provide the owner in writing with an explanation of the basis upon which the claim is being denied according to all criteria specified in § 85.2105(b).
(f) Failure to notify an owner within the required time period (as determined under paragraph (d) of this section) for reasons that are not attributable to the vehicle owner or events which are not beyond the control of the vehicle manufacturer or the repair facility, shall result in the vehicle manufacturer being responsible for repairing the warranted items free of charge to the vehicle owner.
(g) The vehicle manufacturer shall incur all costs associated with a determination that an emission performance warranty claim is valid.
(a) The manufacturer's obligation under the emission performance warranty shall be to make all adjustments, repairs or replacements necessary to assure that the vehicle complies with applicable emission standards of the U.S. Environmental Protection Agency, that it will continue to comply for the remainder of its useful life (if proper maintenance and operation are continued), and that it will operate in a safe manner. The manufacturer shall bear all costs incurred as a result of the above obligation,
(1) The adjustment, repair or replacement of those components which have been installed in or on a vehicle for the sole or primary purpose of reducing vehicle emissions, and which were not in general use prior to model year 1968; and
(2) All other components which must be adjusted, repaired or replaced to enable a component repaired or replaced under paragraph (a)(1) of this section to perform properly.
(b) Under the Emissions Performance Warranty, the manufacturer shall be liable for the total cost of the remedy for any vehicle validly presented for repair to any authorized service facility authorized by the vehicle manufacturer. State or local limitations as to the extent of the penalty or sanction imposed upon an owner of a failed vehicle shall have no bearing on this liability.
(c) The remedy provided under paragraph (a) of this section shall include the repair or replacement of certified parts as required in § 85.2105(a). To seek reimbursement from the involved certified aftermarket part manufacturer for reasonable expenses incurred due to the certified aftermarket parts determined to be the cause of a performance warranty failure, the vehicle manufacturer must:
(1) Retain all parts replaced during the performance warranty repair, and
(2) Follow the procedures laid out in § 85.2117.
(d) If a manufacturer is unable (for reasons not attributable to the vehicle owner or events beyond the control of the vehicle manufacturer or an authorized repair facility) to repair a vehicle within the time period specified under § 85.2106(d) after the initial presentation of the vehicle to an authorized repair facility, then the owner shall be entitled to have the warranty remedy performed, at the expense of the manufacturer, by any repair facility of the owner's choosing.
(e) The vehicle manufacturer may deny warranty for a failure caused by an uncertified part in accordance with the criteria in § 85.2105.
(a) Upon the delivery of each new light-duty motor vehicle, the dealer shall furnish to the purchaser a certificate which states that:
(1) Based upon written notification furnished by the manufacturer, the dealer has knowledge that the vehicle is covered by an EPA Certificate of Conformity;
(2) Based upon a visual inspection of emissions control devices, there are no apparent deficiencies in the installation of such devices by the manufacturer. The visual inspection required by this subsection is limited to those emission control devices or portions thereof which are visible without removal or adjustment of any component or system of the vehicle, whether emissions related or otherwise.
(3) The dealer has performed all emission control system preparation required by the manufacturer prior to the sale of the vehicle, as set forth in the current predelivery service manual furnished by the manufacturer.
(b) The certificate shall further state that if the vehicle fails an EPA-approved emission test prior to the expiration of three months or 4,000 miles (whichever occurs first) from the date or mileage at the time of delivery of the vehicle to the ultimate purchaser, and the vehicle has been maintained and used in accordance with the written instructions for proper maintenance and use, then the vehicle manufacturer shall remedy the nonconformity under the emission performance warranty.
(c) For the purpose of this section, the term emission control devices shall be limited to all devices installed on a vehicle for the sole or primary purpose of controlling vehicle emissions and which were not in general use prior to 1968.
(d) A vehicle manufacturer shall provide the § 85.2108 remedy free of charge to the vehicle owner for any vehicle which, although maintained in accordance with the written instructions for proper maintenance and use, fails an emission short test prior to the expiration of three months or 4,000 miles from the time of sale to the ultimate purchaser, without regard to whether a
(e) The dealer certification required by this section shall not be construed as either a representation or a warranty, express or implied, by the dealer that the emission control system or any part thereof is without defect nor that the system will properly perform.
(a) A manufacturer shall furnish with each new motor vehicle, a full explanation of the Emission Performance Warranty, including at a minimum the following information:
(1) A basic statement of the coverage of the emissions performance warranty as set out in § 85.2103. This shall be separated from any other warranty given by the manufacturer and shall be prefaced by the title “Emissions Performance Warranty” set in bold face type; and
(2) A list of all items which are covered by the emission performance warranty for the full useful life of the vehicle. This list shall contain all components which have been installed in or on a vehicle solely or primarily for the purpose of reducing vehicle emissions, except those components which were in general use prior to model year 1968. All items listed pursuant to this subsection shall be described in the same manner as they are likely to be described on a service facility work receipt for that vehicle; and
(3) A list or a reference to the location of the instructions for proper maintenance and use, together with the time and/or mileage interval at which such instructions are to be performed; and
(4) An explanation of the effect that the use of certified parts will have on the emission performance warranty. This explanation shall comport with the provisions of § 85.2105 (b) and (c), including a statement in boldface type that maintenance, replacement, or repair of the emission control devices and systems may be performed by any automotive repair establishment or individual using any certified part; and
(5) Complete instructions as to when and how an owner may bring a claim under the emissions performance warranty, as governed by §§ 85.2104 and 85.2106. These instructions shall include:
(i) An explanation of the point in time at which a claim may be raised; and
(ii) Complete procedures as to the manner in which a claim may be raised; and
(iii) The provisions for manufacturer liability contained in § 85.2106(f) if the manufacturer fails to respond within the time period set in accordance with § 85.2106(d);
(6) An explanation that an owner may obtain further information concerning the emission performance warranty or that an owner may report violations of the terms of the Emission Performance Warranty by contacting the Director, Field Operations and Support Division (6406J), Environmental Protection Agency, 401 “M” Street, SW., Washington, DC 20460 (Attention: Warranty Claim).
(b) The warranty information shall be provided in the same document as other warranties provided with the vehicle.
(c) If a separate warranty booklet is provided with the vehicle, the owner's manual shall contain, at a minimum, the following information:
(1) A general list of all warranties covering the vehicle; and
(2) A statement that detailed warranty information can be found in the warranty booklet.
(d) If a separate warranty booklet is not provided with the vehicle, the information specified in paragraph (a) of this section shall be contained in the owner's manual.
(a) The manufacturer of each vehicle to which this subpart applies shall submit a copy to EPA of both the owner's manual and warranty booklet (if applicable) for each model vehicle,
(1) The owner's manuals and warranty booklets should be received by EPA 60 days prior to the introduction of the vehicle for sale.
(2) If the manuals and warranty booklets are not in their final printed format 60 days prior to the introduction of the vehicle for sale, a manufacturer may submit the most recent draft at that time, provided that final versions are submitted within 15 days of the final printing.
(b) All materials described in paragraph (a) of this section shall be sent to: Director, Field Operations and Support Division (6406J), Environmental Protection Agency, 401 “M” Street, SW., Washington, DC 20460 (Attention: Warranty Booklet).
The following acts are prohibited and may subject a manufacturer to up to a $32,500 civil penalty for each offense, except as noted in paragraph (d) of this section:
(a) Selling or leasing a light duty vehicle without providing in writing the warranty information required by § 85.2109;
(b) Failing or refusing to comply with the terms and conditions of the Emission Performance Warranty with respect to any vehicle to which this subpart applies. Acts constituting such a failure or refusal shall include, but are not limited to, the following,
(1) Failure to honor a valid warranty claim,
(2) Performance of a warranty repair in a manner which cannot reasonably be expected to allow the vehicle to meet applicable emission standards for the remainder of its useful life,
(3) Failure of a manufacturer to reimburse a dealer or other designated agent for performance of a vehicle repair made pursuant to this subpart, and
(4) Failure of a manufacturer to supply a part necessary to perform a warranty repair within the time limit specified under § 85.2106(d), unless such failure is for a reason not attributable to the vehicle manufacturer or the warranty repair facility;
(c) To provide directly or indirectly in any communication to the ultimate purchaser or any subsequent purchaser that the emission performance warranty coverage is conditioned upon the use of any name brand part, component, or system or upon service (other than a component or service provided without charge under the terms of the purchase agreement), unless the communication is made pursuant to a written waiver by the Office Director.
(d) The maximum penalty value listed in this section is shown for calendar year 2004. Maximum penalty limits for later years may be adjusted based on the Consumer Price Index. The specific regulatory provisions for changing the maximum penalties, published in 40 CFR part 19, reference the applicable U.S. Code citation on which the prohibited action is based.
The provisions of §§ 85.2112 through 85.2122 apply to emission related automotive aftermarket parts which are to be installed in or on 1968 and later model year light-duty vehicles and light-duty trucks.
As used in this subpart, all terms not defined shall have the meaning given them in the Act:
(a)
(b)
(c)
(1) A manufacturer of an aftermarket part or,
(2) A party that markets aftermarket parts under its own brand name, or,
(3) A rebuilder of original equipment or aftermarket parts, or
(4) A party that licenses others to sell its parts.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(a)
(1) Whether the part to be certified is an emission related part as defined in § 85.2102. The MOD Director shall deny certification to any parts which he or she determines is not an emission related part.
(2) The vehicle or engine configurations for which this part is being certified. These are the vehicle and engine designs for which the aftermarket part manufacturer intends to sell the certified aftermarket part.
(3) Whether the part qualifies under one of the part categories, listed in § 85.2122 of this subpart that are eligible to certify using emission critical parameters and, if so, whether the manufacturer elects to demonstrate certification using emission critical parameters. An aftermarket part may be certified under this category only if the part's emission-critical parameters, as set forth in § 85.2122, are equivalent to those of the original equipment or previously certified part it is to replace. Compliance with the emission-critical parameters discussed in paragraph (b) of this section may be demonstrated by compliance with the relevant test procedures and criteria specified in appendix I to this subpart. The requirements of this paragraph apply to all on-road vehicles and engines. Alternatively, the manufacturer may elect to demonstrate certification compliance according to the emission test procedures described in paragraph (c) of this section.
(b)
(2) Compliance with certification requirements is based on conformance with all emission-critical parameters in § 85.2122. This shall be accomplished by performing such procedures, tests, or analyses described in appendix I, or other procedures subject to the MOD Director's approval, necessary to ascertain with a high degree of certainty the emission-critical parameter specifications and tolerances for the aftermarket part and the original equipment or previously certified part for which an equivalent aftermarket certified part is to be used.
(i) If information is available in Appendix I of this subpart to identify the applicable emission-critical parameters, the aftermarket part certifier must use such information.
(ii) If sampling and analysis of original equipment or previously certified parts is relied upon, the aftermarket part certifier must use sound statistical sampling techniques to ascertain the mean and range of the applicable emission parameters.
(iii) If an aftermarket part replaces more than one part on the same application, it may be certified only if the aftermarket part meets the applicable emission-critical parameters of § 85.2122 for each part or parts which the aftermarket part is to replace. If an aftermarket part is to replace more than one part or an entire system, compliance must be demonstrated for all emission-critical parameters involved, except those which relate solely to the interface between the parts being replaced by the aftermarket part.
(c)
(i) If an original equipment part has no scheduled replacement interval, then the useful life mileage interval of the aftermarket part of that type or which replaces the function of that part may be certified with a service interval less than the useful life of the motor vehicle or motor vehicle engine, or
(ii) If any provision of 40 CFR part 86 establishes a minimum replacement or service interval for an original equipment part during vehicle or engine certification, then the useful life mileage interval of the aftermarket part of that type or which replaces the function of that part is said minimum interval.
(2) The part manufacturer must decide whether it can demonstrate to the MOD Director that, during normal vehicle operation, the candidate part will not accelerate deterioration of any original equipment emission related parts. This demonstration must be based on technical rationale that shows that the candidate part has no significant physical or operational effect on any original emission components or system which would be different than that experienced by the vehicle operating with all original equipment emission system parts. The part's effect on each major emission system must be addressed separately in the demonstration.
(i) If the aftermarket part to be certified accelerates deterioration of any existing emission related parts then certification shall be carried out as specified under the paragraph (c)(3) of this section for parts that accelerate deterioration of existing emission related parts.
(ii) If the aftermarket part manufacturer can demonstrate that the part to be certified will not accelerate deterioration of any existing emission related components, then the manufacturer can certify according to paragraph (c)(4) in this section for parts demonstrated to not accelerate deterioration of existing emission related parts.
(3)
At the time of certification emission testing, the same part and vehicle combination used for mileage accumulation shall be used for emission testing.
(ii) Where the comparable original equipment part has a recommended replacement interval of less than 50,000 miles, the test part shall be replaced no sooner than its useful life mileage interval during the required 50,000 mile durability demonstration.
At the time of certification emission testing, one of the aftermarket parts that accumulated at least its useful life mileage during the aging process under this paragraph shall be installed on the durability test vehicle that has accumulated 50,000 miles.
(4)
(i) Parts that cause no noticeable change in vehicle driveability, performance, and/or fuel economy when the part fails, the durability driving schedules contained in part 86, appendix IV can be used. As an alternative, the aftermarket part manufacturer may use a different durability procedure if it can demonstrate to the MOD Director that the alternative procedure results in an improved technical evaluation of the part's influence on vehicle or engine emissions for its useful life mileage interval, or results in a significant cost savings to the aftermarket part manufacturer with no loss in technical validity compared to the durability schedules in part 86, appendix IV. The aftermarket part manufacturer shall receive the written approval from the MOD Director prior to implementation of the alternative procedures.
(ii) Parts demonstrated to cause a noticeable change in vehicle driveability, performance, and/or fuel economy when the part fails, are exempt from aging if the part manufacturer can demonstrate to the MOD Director that the primary failure mode of the aftermarket component or system affects the driveability, performance, and/or fuel economy of the vehicle at a level readily detectable by the driver and likely to result in near term repair of failing components and correction of the emissions failure. (Use of on-board diagnostics and malfunction indicators as covered in paragraph (g) of this section is not necessarily an adequate demonstration that the certified part will be replaced. The part manufacturer must demonstrate that the diagnostic and malfunction indicator system will routinely result in repair or replacement of the part in use).
(5)
(6)
(i) In the first method, the selection shall be based on a technical judgment
(ii) In the second alternative method, the selection shall be made from among those vehicle configurations with the heaviest equivalent test weight, and within that group, the largest displacement engine.
(d)
(2) The following portions of the Federal Test Procedure are not required to be performed when certifying a part using emission testing:
(i) The evaporative emissions portion, if the aftermarket manufacturer has an adequate technical basis for believing that the part has no effect on the vehicle's evaporative emissions;
(ii) The exhaust emissions portion, if the part manufacturer has an adequate technical basis for believing that the part has no affect on the vehicle's exhaust emissions; and
(iii) Other portions therein which the part manufacturer believes are not relevant;
(3) Exhaust Emission Testing. Certification exhaust emission testing for aftermarket parts shall be carried out in the following manner:
(i) For light duty vehicle parts that accelerate deterioration of existing emission related parts, at least one emission test is required. The test(s) shall be performed according to the Federal Test Procedure on the same test vehicle and aftermarket part combination that was previously aged as required. The results of all tests performed shall be averaged for each emission constituent. The average values shall meet all applicable Federal emission requirements under section 202 of the Act.
(A) For aftermarket parts where the comparable original equipment part has no recommended replacement interval, the same part and vehicle combination used for the durability demonstration shall be used for certification exhaust emission testing.
(B) For aftermarket parts where the comparable original equipment part has a recommended replacement interval of less than 50,000 miles, one of the aftermarket parts that accumulated at least the part's useful life mileage during the durability demonstration must be installed on the durability demonstration vehicle that has accumulated 50,000 miles for certification exhaust emission testing.
(ii) For light duty truck parts that accelerate deterioration of existing emission related parts.
(A) An emission test shall be performed on emission test vehicles at 4000 miles and at 50,000 miles, with the part installed. Exhaust emission deterioration factors for the test vehicle shall be calculated from these two test results. The aftermarket part manufacturer may elect to perform other emission tests at interim mileages. However, any interim tests must be spaced at equal mileage intervals. If more than one test is performed at any one mileage point, then all tests at this point shall be averaged prior to determining the deterioration factor. The deterioration factor shall be calculated using the least squares straight line method, in accordance with § 86.088-28(a). The deterioration factor for each emission constituent shall be used to linearly project the 50,000 mile test result out to 120,000 miles. The projected 120,000 mile test result shall meet light duty truck emission standards.
(B) As an option, the light-duty truck part manufacturer may durability age the test vehicle and aftermarket part to 120,000 miles, and then perform one Federal Test Procedure test. The actual test results in
(iii) For parts demonstrated to not accelerate deterioration of existing emission related parts during normal operation:
(A) If parts cause no noticeable change in vehicle driveability, performance, and/or fuel economy when the part fails, the certification exhaust emission test vehicle need not be the same vehicle as that used for durability demonstration. Upon completion of aging, one Federal Test Procedure test shall be performed with the aged aftermarket part installed on a test vehicle that has just completed one Federal Test Procedure test in the original equipment configuration (i.e., before the aftermarket part or system is installed). If more than one test is performed either before or after the aftermarket part is installed, then an equivalent number of tests must be performed in both configurations. The results of all tests performed before the part is installed shall be averaged and the results of all tests performed after the part is installed shall be averaged for each emission constituent. The difference in Federal Test Procedure emission results between the tests with the aged aftermarket part installed and the test vehicle in the original equipment configuration shall be less than or equal to the certification vehicle emission margin of any and all of the certification test vehicles from the various configurations for which the aftermarket part is being certified.
(B) For parts demonstrated to cause a noticeable change in vehicle driveability, performance, and/or fuel economy when the part fails, no durability aging of the part is required before certification emission testing. One Federal Test Procedure test shall be performed on the test vehicle in its original equipment configuration (i.e., before the aftermarket part or system is installed) and one test with an aftermarket part representative of production (as provided in paragraph (e) of this section) installed on the test vehicle. If more than one test is performed either before or after the aftermarket part is installed, then an equivalent number of tests must be performed in both configurations. The results of all tests performed with the aftermarket part installed shall be averaged and the results of all tests performed in the original equipment configuration shall be averaged for each emission constituent. The difference in Federal Test Procedure emission results between the tests with the aftermarket part installed and the test vehicle in the original equipment configuration shall be less than or equal to the certification vehicle emission margin of any and all of the certification test vehicles from the various configurations for which the aftermarket part is being certified.
(4) Evaporative emission testing. For parts determined by the part manufacturer (with appropriate technical rationale) to affect only evaporative emissions performance, at least one evaporative emissions portion of the Federal Test Procedure test shall be performed on the vehicle in its original equipment configuration and at least one with the aftermarket part installed. Both the original equipment and aftermarket part shall be aged according to paragraph (c)(5) of this section prior to testing. If more than one test is performed either before or after the aftermarket part is installed, then an equivalent number of tests must be performed in both configurations. The emission results of all tests performed before the part is installed shall be averaged and the emission results of all tests performed after the part is installed shall be averaged. The difference in Federal Test Procedure emission results between the tests with the aged aftermarket part installed and the test vehicle in the original equipment configuration shall be less than or equal to the certification vehicle emission margin of any and all of the certification test vehicles from the various configurations for which the aftermarket part is being certified.
(5) Emission test vehicle selection: The test vehicle used must represent the “worst case” with respect to emissions of all those configurations for which the aftermarket part is being certified. The worst case configuration shall be that configuration which, having the aftermarket part installed, is least likely to meet the applicable emission standards among all those
(i) In the first method, the selection shall be based on a technical judgment by the aftermarket part manufacturer of the impact of the particular design or calibration of a particular parameter or combination of parameters and/or an analysis of appropriate data, or
(ii) In the second alternative method, two defined worst case test vehicles shall be selected from the vehicle configurations using the following criteria:
(A) The first test vehicle is that engine family for which the largest number of parts are projected to be sold. Within that family the manufacturer shall select the configurations with the heaviest equivalent test weight, and then within that group the configuration with the largest displacement engine.
(B) The second test vehicle shall be from a different vehicle manufacturer than the first test vehicle, or if the aftermarket part applies to only one vehicle manufacturer, from a different engine family. Engine families are determined by the vehicle manufacturer or when certifying under 40 CFR part 86. Within that group, the second test vehicle is selected from the vehicle configurations with the heaviest equivalent test weight, and then, within that group, the configuration with the largest displacement engine. If a part applies to only one engine family then only the vehicle specified in paragraph (d)(5)(ii)(A), of this section, is required to be tested.
(iii) The results of certification tests using the worst case vehicle selections made in this section shall only be applicable for configurations that are required to meet the same or less stringent (numerically higher) emission standards than those of the worst case configuration.
(iv) The worst case test vehicle(s) selected for certification emission testing is(are) not required to meet Federal emission standards in its original configuration. However, each test vehicle shall have representative emissions performance that is close to the standards and have no obvious emission defects. Each test vehicle shall be tuned properly and set to the vehicle manufacturer's specifications before testing is performed. Any excessively worn or malfunctioning emission related part shall be repaired prior to testing.
(e)
(f)
(g)
(a) At least 45 days prior to the sale of any certified automotive aftermarket part, notification of the
(1) The notification shall include:
(i) Identification of each part to be certified; and.
(ii) Identification of all vehicle or engine configurations for which the part is being certified including make(s), model(s), year(s), engine size(s) and all other specific configuration characteristics necessary to assure that the part will not be installed in any configuration for which it has not been certified; and
(iii) All determinations, demonstrations, technical rationale, and documentation provided in § 85.2114; and
(iv) Any and all written waivers and approvals obtained from the MOD director as provided in § 85.2114, and any correspondence with EPA regarding certification of that part; and
(v) A description of the tests, techniques, procedures, and results utilized to demonstrate compliance with § 85.2114(b) applicable to parts eligible to certify using emission-critical parameters, except that, if the procedure utilized is recommended in appendix I of this subpart, then only a statement to this effect is necessary. A description of all statistical methods and analyses used to determine the emission-critical parameters of the original equipment parts and compliance of the certified part(s) with those parameters including numbers of parts tested, selection criteria, means, variance, etc; and
(vi) All results and documentation of tests and procedures used by the part manufacturer as evidence of compliance with the durability and emission requirements specified in § 85.2114; and
(vii) A discussion of the technical basis(es) for foregoing any portion of the Federal Test Procedure when applicable; and
(viii) A description of the test part selection criteria used, and a statement that the test part(s) used for certification testing is(are) a representative production aftermarket part(s) consistent with § 85.2114(e); and
(ix) A description of the test and demonstration vehicle selection criteria used, and rationale that supports the technical judgment that the vehicle configurations used for emission testing and durability demonstration represent worst case with respect to emissions of all those configurations for which the aftermarket part is being certified, and all data that supports that conclusion; and
(x) The service intervals of the part, including maintenance and replacement intervals in months and/or miles, as applicable, and a statement indicating whether it is different than the service, maintenance, and replacement interval of the original equipment requirements; and
(xi) A statement, if applicable, that the part will not meet the labeling requirements of § 85.2119(a) and the description of the markings the aftermarket manufacturer intends to put on the part in order to comply with § 85.2119(b); and
(xii) A statement that the aftermarket part manufacturer accepts, as a condition of certification, the obligation to comply with the warranty requirements and dispute resolution procedures provided in § 85.2117; and
(xiii) A statement of commitment and willingness to comply with all the relevant terms and conditions of this subpart; and
(xiv) A statement by the aftermarket part manufacturer that use of its certified part will not cause a substantial increase to vehicle emissions in any normal driving mode not represented during certification or compliance testing; and
(xv) The office or officer of the aftermarket part manufacturer authorized to receive correspondence regarding certification requirements pursuant to this subpart.
(2) The notification shall be signed by an individual attesting to the accuracy and completeness of the information supplied in the notification.
(3) Notification to the Agency shall be by certified mail or another method by which date of receipt can be established.
(4) Two complete and identical copies of the notification and any subsequent industry comments on any such notification shall be submitted by the aftermarket manufacturer to: Mod Director, MOD (EN-340F), Attention:
(5) A copy of the notification submitted under paragraph (a)(4) of this section will be placed in a public docket. Comments on any notice in the public docket may be made to the MOD Director.
(b) The MOD Director reserves the right to review an application to determine if the submitted documents adequately meet all the requirements for certification specified in §§ 85.2114 and 85.2115. A part may be sold as certified 45 days after the receipt by the Agency of the notification given pursuant to this subsection provided that the Office Director has not notified the part manufacturer otherwise.
(a) At any time prior to the end of the 45-day period after a notification of intent to certify an aftermarket part is received as specified in § 85.2115, the MOD Director may notify the manufacturer of the aftermarket part that such aftermarket part may not be certified pending further investigation. The basis upon which this notification shall be made may include, but not be limited to, information or test results which indicate:
(1) Compliance with the applicable emission-critical parameters was not achieved or that the testing methods used to demonstrate compliance with the emission-critical parameters were inadequate;
(2) The part is to be certified on the basis of emission testing, and the procedure used in such tests was not in compliance with those portions of the Federal Test Procedure not waived pursuant to § 85.2114(d)(2).
(3) Use of the certified part may cause a vehicle to exceed any applicable emission requirements;
(4) The durability requirement of § 85.2114 has not been complied with;
(5) Use of the certified part could cause or contribute to an unreasonable risk to public health, welfare or safety in its operation or function;
(6) Installation of the certified part requires procedures or equipment which would likely cause it to be improperly installed under normal conditions or would likely result in a vehicle being misadjusted; or
(7) Information and/or data required to be in the notification of intent to certify as provided by § 85.2115 have not been provided or may be inadequate; or,
(8) Documentation submitted under § 85.2114(c)(4)(ii) was determined inadequate for durability exemption.
(b) The aftermarket part manufacturer must respond in writing to the statements made in the notification by the MOD Director, or the aftermarket part manufacturer shall withdraw its notification of intent to certify.
(1) Any party interested in the outcome of a decision as to whether a part may be certified may provide the MOD Director with any relevant written information up to ten days after the manufacturer responds to the MOD Director's objection.
(2) Any interested party may request additional time to respond to the information submitted by the part manufacturer. The MOD Director upon a showing of good cause by the interested party may grant an extension of time to reply up to 30 days.
(3) The part manufacturer may reply to information submitted by interested parties. Notification of intent to reply shall be submitted to the MOD Director within 10 days of the date information from interested parties is submitted to the MOD Director.
(4) The MOD Director may, at his or her discretion, allow oral presentations by the aftermarket manufacturer or any interested party in connection with a contested part certification.
(c) If an objection has been sent to an aftermarket part manufacturer pursuant to paragraph (a) of this section, the MOD Director shall, after reviewing all pertinent data and information, render a decision and inform the aftermarket part manufacturer in writing as to whether such part may be certified and, if so, under what conditions the part may be certified. The written decision shall include an explanation of the reasons therefor.
(1) The decision by the MOD Director shall be provided to the manufacturer within 30 working days of receipt of all necessary information by the manufacturer or interested parties, or of the
(2) A copy of the decision shall be sent to all identified interested parties.
(3) Within 20 days of receipt of a decision made pursuant to this subsection, any party may file a written appeal to the Office Director. The Office Director may, in his or her discretion, allow additional oral or written submissions, prior to rendering a final decision. The schedule for such submission shall be in accordance with the schedule specified in § 85.2116(b).
(4) If no party files an appeal with the Office Director within 20 days, then the decision of the MOD Director shall be final.
(5) The Office Director shall make a final decision regarding the certification of a part within 30 working days of receipt of all necessary information by the part manufacturer or from the date of any oral presentation, whichever occurs later.
(6) A copy of all final decisions made under this section shall be published in the
(a)
(2) The aftermarket part manufacturer's minimum obligation under this warranty shall be to reimburse vehicle manufacturers for all reasonable expenses incurred as a result of honoring a valid emission performance warranty claim which arises because of the use of the certified aftermarket part.
(3) The procedure used to process a certified aftermarket part warranty claim is as follows. The time requirements are in units of calendar days.
(i) The vehicle manufacturer shall submit, by certified mail or another method by which date of receipt can be established, a bill for reasonable expenses incurred to the part manufacturer for reimbursement. Accompanying the bill shall be a letter to the part manufacturer with an explanation of how the certified part caused the failure and a copy of the warranty repair order or receipt establishing the date that the performance repair was initiated by the vehicle owner.
(ii) The parts retained pursuant to § 85.2107(c)(1) shall be retained until the reimbursement process is resolved. The vehicle manufacturer shall store these parts or transfer these parts to the involved certified part manufacturer for storage. If the vehicle manufacturer transfers these parts to the certified part manufacturer, the part manufacturer shall retain these parts:
(A) For at least one year from the date of repair involving these parts, if the part manufacturer does not receive a bill from the vehicle manufacturer within that time period, or
(B) Until the claim reimbursement process has been resolved, if the part manufacturer receives a bill from the vehicle manufacturer within one year of the date of repair involving these parts.
(iii) If the vehicle manufacturer transfers the parts retained pursuant to paragraph (a)(3)(ii) of this section to the part manufacturer, a bill shall be submitted to the part manufacturer within one year of the date of initiation of the actual repair by the vehicle owner. If this requirement is not met, the vehicle manufacturer shall forfeit all rights to the reimbursement provisions provided in this regulation.
(iv) Storage costs are not reimbursable as part of a performance warranty claim.
(b)
(2) If the parties cannot resolve their disagreement within 60 days, either party may file for arbitration. Neither party may file for arbitration within 60 days unless both parties agree to seek arbitration prior to the end of the 60-day period. If, after 60 days, either party files, then both parties shall submit to arbitration.
(3) This arbitration shall be carried out pursuant to the Arbitration Rules contained in appendix II of this subpart which are based on Commercial Arbitration Rules published by the American Arbitration Association, revised and in effect as of September 1, 1988. The Arbitration Rules detail the procedures to be followed by the parties and the arbitrator in resolving disputes under this section. They can be varied only with the agreement of both parties. If either involved manufacturer refuses to participate in the arbitration process, that party is treated as if it had lost the arbitration and is required to pay all reasonable expenses.
(4) Any party losing the arbitration has the right to resort to an appropriate federal district court or state court, subject to the established rules of that court regarding subject matter jurisdiction and personal jurisdiction.
(5) If the vehicle manufacturer wins the arbitration, the part manufacturer must provide reimbursement in accordance with the arbitrator's award and decision. Such reimbursement must be made within 30 days of the award and decision.
(6)(i) If the part manufacturer refuses to pay a lost arbitration award, the involved part will be decertified pursuant to 40 CFR 85.2121, provided that if the part manufacturer resorts to a court of competent jurisdiction, decertification will be withheld pending the outcome of such judicial determination.
(ii) In addition, under these circumstances, the vehicle manufacturer has the right to bring an enforcement action on the arbitration award and decision in the appropriate federal district court or state court, subject to the established rules of that court regarding subject matter jurisdiction and personal jurisdiction. If this court agrees with the arbitrator's award and decision, reimbursement shall be made within 30 days of the court's decision unless the court orders otherwise.
The aftermarket part manufacturer shall be required to recertify any part which:
(a) Was certified pursuant to § 85.2114(b) and to which modifications are subsequently made which could affect the results of any test or judgment made that the part meets all of the applicable Emission-Critical Parameters;
(b) Was certified pursuant to § 85.2114(c) and to which modifications are made which are likely to affect emissions or the capability of the part to meet any other requirement of this subpart; or
(c) Was certified and is subsequently modified in a manner affecting the durability of the part or any emission control device, engine or the vehicle upon which such part is installed.
(a) Except as specified in paragraph (b) of this section, each part certified pursuant to these regulations shall have “Certified to EPA Standards” and the name of the aftermarket part manufacturer or other party designated to determine the validity of warranty claims placed on the part. The name of the aftermarket part manufacturer or other party and the statement, “Certified to EPA Standards,” must be made durable and readable for at least the useful life mileage interval of the part.
(b) In lieu of the name of the aftermarket part manufacturer or other party and “Certified to EPA Standards,” the part may contain unique identification markings. A description of the marking and statement that such marking is intended in lieu of the name of the aftermarket part manufacturer or other party and “Certified to EPA Standards,” shall be
(c) The package in which the certified aftermarket part is contained must have the following information conspicuously placed thereon:
(1) The statement “Certified by (name of manufacturer or warranter) to EPA Emission Standards”,
(2) A list of the vehicles or engines (in accordance with § 85.2115(a)(1)(ii)) for which the part has been certified,
(3) A statement of the maintenance or replacement interval for which the part has been certified, if the interval is of a shorter duration than the interval specified in the written instructions for proper maintenance and use for the original equipment,
(4) A description of the maintenance necessary to be performed on the part in the proper maintenance and use of the part, if such maintenance is in addition to or different from that maintenance necessary on the original equipment part, and
(5) The instructions for proper installation if different from the vehicle manufacturer's recommended installation instruction for that part.
(d) The information required by paragraphs (c )(4) and (5) of this section may be provided on a written insert with the certified aftermarket part if the insert also contains the information required in paragraphs (c) (1), (2) and (3) of this section.
(e) The information required by paragraph (c)(2) of this section may be provided in a catalog rather than on the package or on an insert:
(f) When an aftermarket part manufacturer desires to certify existing in-service stocks of its products, it may do so provided:
(1) The part does not differ in any operational or durability characteristic from the aftermarket parts specified in the notification made pursuant to § 85.2115, and
(2) A supplemental information sheet is made available to all parties selling the part.
(i) The supplemental sheet shall be made available in sufficient quantities so that it can be provided with all parts sold as certified, and
(ii) The supplemental sheet shall contain all of the information specified in paragraph (c) of this section.
(a) For each certified aftermarket part, the aftermarket part manufacturer must establish, maintain and retain for 5 years the following adequately organized and indexed records:
(1) Detailed production drawings showing all dimensions, tolerances, performance requirements and material specifications and any other information necessary to completely describe the part;
(2) A description of the testing program, including all production part sampling techniques used to verify compliance of the certified aftermarket part with the applicable Emission-Critical Parameters and durability requirements;
(3) All data obtained during testing of the part and subsequent analyses based on that data, including the milege and the vehicle or engine configuration determinants if emission testing is utilized as the basis for certification;
(4) All information used in determining those vehicles for which the part is represented as being equivalent from an emissions standpoint to the original equipment part;
(5) A description of the quality control plan used to monitor production and assure compliance of the part with the applicable certification requirements;
(6) All data taken in implementing the quality control plan, and any subsequent analyses of that data;
(7) A description of all the methodology, analysis, testing and/or sampling techniques used to ascertain the emission critical parameter specifications of the originial equipment part; and
(8) All in-service data, analyses performed by the manufacturer and correspondence with vendors, distributors,
(b) The records required to be maintained in paragraph (a) of this section shall be made available to the Agency upon the written request of the MOD Director.
(c) For parts certified only for vehicles with less than 5 years of emission performance warranty coverage remaining, records must be kept for 3 years or until they determine that approximately 80% of the applicable vehicles are outside the warranty period, whichever occurs second.
(d) This section shall expire 5 years from the effective date of this regulation unless renewed prior to that date.
(a) The MOD Director may notify an aftermarket part manufacturer that the Agency has made a preliminary determination that one or more parts should be decertified.
(1) Such a preliminary determination may be made if there is reason to believe that the part manufactured has failed to comply with §§ 85.2112 through 85.2122. Information upon which such a determination will be made includes but is not limited to the following.
(i) Tests required to be performed to demonstrate compliance of the part with the applicable Emission-Critical Parameters
(A) Were not performed on the part(s), or
(B) Were insufficient to demonstrate compliance;
(ii) The part was certified on the basis of emission tests, and
(A) The procedures used in such tests were not in substantial compliance with a portion or portions of the Federal Test Procedure which were not waived pursuant to § 85.2114(d);
(B) The emission results were not in compliance with the requirements of § 85.2114(d); or
(C) The procedures used for part aging for durability demonstration were not in substantial compliance with the durability cycle required by § 85.2114.
(iii) Use of the certified part is causing vehicle emissions to exceed emission requirements for any regulated pollutant;
(iv) Use of the certified part causes or contributes to an unreasonable risk to public health, welfare or safety or severely degrades drivability operation or function;
(v) The part has been modified in a manner requiring recertification pursuant to § 85.2118; or
(vi) The manufacturer of such parts has not established, maintained or retained the records required pursuant to § 85.2120 or fails to make the records available to the MOD Director upon written request pursuant to § 85.2120.
(vii) Documentation required to support the type of durability demonstration used for a part under § 85.2114:
(A) Were not submitted for the part, or
(B) Were insufficient to justify a claim of durability exemption status.
(viii) The aftermarket part manufacturer failed to pay a lost arbitration settlement within 30 days of the arbitrator's decision or within 30 days after completion of judicial review, if any.
(2) Notice of a preliminary determination to decertify shall contain:
(i) A description of the noncomplying part(s);
(ii) The basis for the MOD Director's preliminary decision; and
(iii) The date by which the manufacturer must
(A) Terminate the sale of the part as a certified part, or
(B) Make the necessary change (if so recommended by the Agency), and
(C) Request an opportunity in writing to dispute the allegations of the preliminary decertification.
(b) If the aftermarket part manufacturer requests an opportunity to respond to the preliminary determination, the manufacturer and other parties interested in the MOD Director's decision whether to decertify a part may, within 15 days of the date of the request, submit written presentations, including the relevant information and data, to the MOD Director. The MOD Director, in his or her discretion, may provide an opportunity for oral presentations.
(1) Any interested party may request additional time to respond to the information submitted by the part manufacturer. The MOD Director upon a showing of good cause by the interested party may grant an extension of time to reply up to 30 days.
(2) The part manufacturer may have an extension of up to 30 days to reply to information submitted by interested parties. Notification of intent to reply shall be submitted to the MOD Director within 10 days of the date information from interested parties is submitted to the MOD Director.
(c) If a part manufacturer has disputed the allegations of the preliminary decisions, the MOD Director shall, after reviewing any additional information, notify the aftermarket part manufacturer of his or her decision whether the part may continue to be sold as certified. This notification shall include an explanation upon which the decision was made and the effective date for decertification, where appropriate.
(d) Within 20 days from the date of a decision made pursuant to paragraph (c) of this section, any adversely affected party may appeal the decision to the Office Director.
(1) A petition for appeal to the Office Director must state all of the reasons why the decision of the MOD Director should be reversed.
(2) The Office Director may, in his or her discretion, allow additional oral or written testimony.
(3) If no appeal is filed with the Office Director within the permitted time period, the decision of the MOD Director shall be final.
(e) If a final decision is made to decertify a part under paragraph (d) of this section, the manufacturer of such part shall notify his immediate customers (other than retail customers) that, as of the date of the final determination, the part in question has been decertified. The part manufacturer shall offer to replace decertified parts in the customer's inventory with certified replacement parts or, if unable to do so, shall at the customer's request repurchase such inventory at a reasonable price.
(f) Notwithstanding the requirements of paragraph (e) of this section, a part purchased by a vehicle owner as certified, shall be considered certified pursuant to this subpart.
(a) The following parts may be certified in accordance with § 85.2114(b):
(1)
(A) Diaphragm Displacement.
(B) Timed Delay.
(C) Modulated Stem Displacement.
(D) Modulated Stem Displacement Force.
(E) Vacuum Leakage.
(ii) For the purposes of this paragraph:
(A) “Diaphragm Displacement” means the distance through which the center of the diaphragm moves when activated. In the case of a non-modulated stem, diaphragm displacement corresponds to stem displacement.
(B) “Timed Delay” means a delayed diaphragm displacement controlled to occur within a given time period.
(C) “Modulated Stem Displacement” means the distance through which the modulated stem may move when actuated independent of diaphragm displacement.
(D) “Modulated Stem Displacement Force” means the amount of force required at start and finish of a modulated stem displacement.
(E) “Vacuum Leakage” means leakage into the vacuum cavity of a vacuum break.
(F) “Vacuum Break” (“Choke Pull-off”) means a vacuum-operated device to open the carburetor choke plate a predetermined amount on cold start.
(G) “Modulated Stem” means a stem attached to the vacuum break diaphragm in such a manner as to allow stem displacement independent of diaphragm displacement.
(H) “Vacuum Purge System” means a vacuum system with a controlled air flow to purge the vacuum system of undesirable manifold vapors.
(2)
(A) Thermal Deflection Rate.
(B) Mechanical Torque Rate.
(C) Index Mark Position.
(ii) The emission-critical parameters for Electrically-Heated Choke Thermostats are:
(A) Those parameters set forth in paragraph (a)(2)(i) of this section
(B) Time to rotate coil tang when electrically energized
(C) Electrical circuit resistance
(D) Electrical switching temperature
(iii) For the purpose of this paragraph:
(A) “Choke” means a device to restrict air flow into a carburetor in order to enrich the air/fuel mixture delivered to the engine by the carburetor during cold-engine start and cold-engine operation.
(B) “Thermostat” means a temperature-actuated device.
(C) “Electrically-heated Choke” means a device which contains a means for applying heat to the thermostatic coil by electrical current.
(D) “Thermostatic Coil” means a spiral-wound coil of thermally-sensitive material which provides rotary force (torque) and/or displacement as a function of applied temperature.
(E) “Thermostatic Switch” means an element of thermally-sensitive material which acts to open or close an electrical circuit as a function of temperature.
(F) “Mechanical Torque Rate” means a term applied to a thermostatic coil, defined as the torque accumulation per angular degree of deflection of a thermostatic coil.
(G) “Thermal Deflection Rate” means the angular degrees of rotation per degree of temperature change of the thermostatic coil.
(H) “Index or Index Mark” means a mark on a choke thermostat housing, located in a fixed relationship to the thermostatic coil tang position to aid in assembly and service adjustment of the choke.
(I) “PTC Type Choke Heaters” means a positive termperature coefficient resistant ceramic disc capable of providing heat to the thermostatic coil when electrically energized.
(3)
(ii) For the purpose of this paragraph an “Accelerator Pump (Plunger or Diaphragm)” means a device used to provide a supplemental supply of fuel during increasing throttle opening as required.
(4)
(ii) For the purposes of this paragraph a “PCV Valve” means a device to control the flow of blow-by gasses and fresh air from the crankcase to the fuel induction system of the engine.
(5)
(A) Bounce.
(B) Dwell Angle.
(C) Contact Resistance.
(ii) For the purposes of this paragraph:
(A) “Breaker Point” means a mechanical switch operated by the distributor cam to establish and interrupt the primary ignition coil current.
(B) “Bounce” means unscheduled point contact opening(s) after initial closure and before scheduled reopening.
(C) “Dwell Angle” means the number of degrees of distributor mechanical rotation during which the breaker points are conducting current.
(D) “Contact Resistance” means the opposition to the flow of current between the mounting bracket and the insulated terminal.
(6)
(A) Capacitance.
(B) Series Resistance.
(C) Breakdown Voltage.
(ii) For the purposes of this paragraph:
(A) “Capacitance” means the property of a device which permits storage of electrically-separated charges when differences in electrical potential exist between the conductors and measured as the ratio of stored charge to the difference in electrical potential between conductors.
(B) “Series Resistance” means the sum of resistances from the condenser
(C) “Breakdown Voltage” means the voltage level at which the capacitor fails.
(D) “Capacitor/Condenser” means a device for the storage of electrical energy consisting of two oppositely charged conducting plates separated by a dielectric and which resists the flow of direct current.
(7)
(A) Physical and Thermal Integrity.
(B) Dielectric Strength.
(C) Flashover.
(ii) For the purposes of this paragraph:
(A) “Flashover” means the discharge of ignition voltage across the surface of the distributor cap and/or rotor rather than at the spark plug gap.
(B) “Dielectric Strength” means the ability of the material of the cap and/or rotor to resist the flow of electric current.
(C) “Physical and Thermal Integrity” means the ability of the material of the cap and/or rotor to resist physical and thermal breakdown.
(8)
(A) Heat Rating.
(B) Gap Spacing.
(C) Gap Location.
(D) Flashover.
(E) Dielectric Strength.
(ii) For the purposes of this paragraph:
(A) “Spark Plug” means a device to suitably deliver high tension electrical ignition voltage to the spark gap in the engine combustion chamber.
(B) “Heat Rating” means that measurement of engine indicated mean effective pressure (IMEP) value obtained on the engine at a point when the supercharge pressure is 25.4mm (one inch) Hg below the preignition point of the spark plug, as rated according to SAE J549A Recommended Practice.
(C) “Gap Spacing” means the distance between the center electrode and the ground electrode where the high voltage ignition arc is discharged.
(D) “Gap Location” means the position of the electrode gap in the combustion chamber.
(E) “Dielectric Strength” means the ability of the spark plug's ceramic insulator material to resist electrical breakdown.
(F) “Flashover” means the discharge of ignition voltage at any point other than at the spark plug gap.
(9)
(A) Open Circuit Voltage Output.
(B) Dielectric Strength.
(C) Flashover.
(D) Rise Time.
(ii) For the purposes of this paragraph:
(A) “Coil” means a device used to provide high voltage in an inductive ignition system.
(B) “Flashover” means the discharge of ignition voltage across the coil.
(C) “Dielectric Strength” means the ability of the material of the coil to resist electrical breakdown.
(D) “Rise Time” means the time required for the spark voltage to increase from 10% to 90% of its maximum value.
(10)
(ii) For the purpose of this paragraph, a “Primary Resistor” means a device used in the primary circuit of an inductive ignition system to limit the flow of current.
(11)
(A) Spark Timing.
(
(
(B) Dwell Angle.
(C) Breaker point contact operation.
(D) Electrical resistance to ground.
(E) Capacity for compatibility with generally available original equipment and certified replacement parts listed in § 85.2112(a) (5), (6), (7), and (9).
(ii) For the purposes of this paragraph:
(A) “Distributor” means a device for directing the secondary current from the induction coil to the spark plugs at the proper intervals and in the proper firing order.
(B) “Distributor Firing Angle” means the angular relationship of
(C) “Dwell Angle” means the number of degrees of distributor mechanical rotation during which the breaker points are capable of conducting current.
(12) Engine Valves. [Reserved]
(13) Camshafts. [Reserved]
(14) Pistons. [Reserved]
(15)
(A) Conversion Efficiency.
(B) Light-off Time.
(C) Mechanical and Thermal Integrity.
(ii) For the purposes of this paragraph including the relevant test procedures in the Appendix:
(A) “Catalytic Converter” means a device installed in the exhaust system of an internal combustion engine that utilizes catalytic action to oxidize hydrocarbon (HC) and carbon monoxide (CO) emissions to carbon dioxide (CO
(B) “Conversion Efficiency” means the measure of the catalytic converter's ability to oxidize HC/CO to CO
(C) “Light-off Time” or “LOT” means the time required for a catalytic converter (at ambient temperature 68-86 °F) to warm-up sufficiently to convert 50% of the incoming HC and CO to CO
(D) “Peak Air Flow” means the maximum engine intake mass air flow rate measure during the 195 second to 202 second time interval of the Federal Test Procedure.
(E) “Feed Gas” means the chemical composition of the exhaust gas measured at the converter inlet.
(F) “Aged Catalytic Converter” means a converter that has been installed on a vehicle or engine stand and operated thru a cycle specifically designed to chemically age, including exposure to representative lead concentrations, and mechanically stress the catalytic converter in a manner representative of in-use vehicle or engine conditions.
(G) “Mechanical and Thermal Intergrity” means the ability of a converter to continue to operate at its previously determined efficiency and light-off time and be free from exhaust leaks when subject to thermal and mechanical stresses representative of the intended application.
(16)
(A) Pressure drop.
(B) Efficiency.
(ii) For the purpose of this paragraph:
(A) “Air Cleaner Filter Element” means a device to remove particulates from the primary air that enters the air induction system of the engine.
(B) “Pressure Drop” means a measure, in kilopascals, of the difference in static pressure measured immediately upstream and downstream of the air filter element.
(C) “Efficiency” means the ability of the air cleaner or the unit under test to remove contaminant.
(17)
(18)
(b) Additional part standards. [Reserved]
(a) Any manufacturer may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is confidential, a manufacturer must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of its submittal from which all confidential information shall be deleted. If a need
(d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Administrator only to the extent and by means of the procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter, in accordance with 40 CFR 2.204(c)(2)(i)(A).
1.
a. Vacuum leakage: Apply 457 ±13 mm (18.0 ±0.5 inches) Hg. vacuum to the vacuum unit to achieve full diaphragm displacement. Seal vacuum source to unit. There shall be no visible loss of diaphragm displacement or drop in vacuum gauge reading after a 15 second observation. Vacuum purge system and diaphragm displacement adjusting screw holes should be temporarily sealed during this test when applicable.
b. Diaphragm displacement: At stabilized temperature of −29 °C and 121 °C (−20 °F and 250 °F) with 457 ±13 mm (18.0 ±0.5 inches) Hg. vacuum applied to unit, the diaphragm displacement shall be within ±1 mm (0.04 inches) of the nominal original equipment displacement. The vacuum purge system must be open during this test when applicable. Adjusting screws that limit displacement should be temporarily removed and adjusting screw holes temporarily sealed during this test.
c. Timed delay (when applicable): With 457 ±13 mm (18.0 ±0.5 inches) Hg. applied to the unit, the vacuum break diaphragm displacement shall occur within ±20% of the original equipment time over the specified range of displacement. The diaphragm displacement shall be timed over the same distance for the original equipment as the replacement part and shall not be less than 60% of the total displacement range. The vacuum purge system must be open and the adjusting screw holes should be temporarily sealed during this test when applicable.
d. Modulated stem displacement (when applicable): With a force sufficient to extend the modulated stem to its full displacement, the displacement shall be within ±0.8 mm (±0.03 inches) of the original equipment specification.
e. Modulated stem displacement force (when applicable): The force required to start and finish the modulated stem displacement shall be within ±35% of the original equipment specification for forces up to 142 grams (5 ounces) and shall be within ±20% of the original equipment specification for forces exceeding 142 grams (5 ounces).
2.
a. Diaphragm displacement shall not degrade more than 10% from the original test measurements of paragraph 1.b. above.
b. Timed delay shall not degrade more than 10% from the original test measurement in paragraph 1.c. above.
c. Following these tests, the units must be free of visible defects.
1.
a. All chokes
i.
When tested on a suitable fixture, the deflection rate shall be within ±6% of the original equipment value. The initial temperature and final temperature for purposes of this test may vary but shall exhibit a test temperature range of at least 44 °C (80 °F). Recommended test equipment, test procedures, and associated calculations are outlined in ASTM B389 (latest revision) or American National Standards Institute Z155-20.
ii.
When tested on a suitable fixture, the torque rate shall be within ±12% of the mean original equipment value. Recommended test equipment, test procedures, and associated calculations are outlined in ASTM B362 (latest revision) or American National Standards Institute Z155-18 (latest revision).
iii.
When stabilized for four hours at room temperature, the relative position of the thermostatic coil outer tang or loop and the index mark, when corrected to 24 °C (75 °F), shall be within ±5 angular degrees of the mean original equipment positions.
b. Electrically-heated Chokes
i.
When tested on a suitable fixture, the time to rotate through a prescribed angle at a prescribed temperature and prescribed voltage,
ii.
In an electrically-heated choke utilizing PTC type choke heater, the circuit resistance shall be within ±1.5 ohms of the mean original equipment value at 24 ±3 °C (75° ±5 °F) unenergized.
iii.
In an electrically heated choke thermostat utilizing a thermostatic disc switch in the electrical circuit, the temperature to open the circuit shall be within ±5.5 °C (10 °F) and the temperature to close the circuit shall be within ±11 °C (20 °F) of the mean original equipment value. Circuit opening temperature shall be measured on a decreasing temperature change, and the circuit closing temperature shall be measured on an increasing temperature change.
1.
a. Expose plunger or diaphragm assembly to temperatures of −30 °C (−20 °F) for 70 hours and at 70 °C (158 °F) for 24 hours, with a commercial grade fuel or equivalent.
b. Within one hour after temperature exposure of 1.a. above, each plunger or diaphragm assembly, when installed in an applicable carburetor or test fixture, shall at room temperature deliver a volume of test fluid (Stoddard solvent or equivalent) from a 10 stroke cycle,*
*
2.
1.
a. Measure the flow of the PCV valve in standard cubic feet per minute (SCFM) vs. pressure differential across the valve over a range of operating pressures from 4-22 inches Hg., at standard atmospheric conditions (21.1 °C (70 °F) at 755mm (29.92 inches).
b. A PCV valve shall flow within the vehicle manufacturer's specifications or shall meet the following criteria: Whenever the mean of the original equipment flow curve is below 1 SCFM, a maximum deviation of the mean replacement PCV valve shall not exceed ±0.1 SCFM. Whenever the mean original equipment curve is equal to or greater than 1 SCFM, a maximum deviation of the mean of the replacement PCV valve shall not exceed ±10%. The total flow tolerance of the replacement valve shall not exceed the original equipment variation from the mean, at any pressure differential.
2.
1.
a. Set up test system circuit and equipment per Figure 1 with an OE breaker point assembly. Connect the primary to a 14 ±.5 V DC regulated power supply.
b. Record dwell angle and open-circuit output voltage at 300 and 500 distributor rpm and at 500 rpm intervals up to the maximum speed of the intended application.
c. Insert the replacement part in the test system and repeat the observations per b above under identical test conditions.
d. The data observed with the replacement part in the system must meet the following criteria:
(1) The dwell angle change: Not to exceed that of the original equipment by more than ±2° at all measured rpm intervals.
(2) The open circuit output voltage (M-3): Not less than 90% of the OE breaker point assembly at any measured rpm.
e. Repeat step c above at −40 °C (−40 °F) and 100 °C (212 °F).
f. The breaker points shall operate without evidence of point bounce at all test speeds and temperatures and shall operate easily without binding when operated manually.
2.
a. Set up a bench ignition system using an applicable distributor or electro-mechanical equivalent.
b. Install the breaker point assembly under test in the distributor, lubricate and adjust per applicable vehicle manufacturer's specifications. Use applicable coil, primary resistor, capacitor, cap and rotor.
c. Connect the primary of the test system with a power supply regulated at 14 ±0.5 V DC for a 12V system.
d. The secondary portion of the test system is to be connected to a 12 ±2KV spark gap.
e. An external heat source shall generate an ambient temperature of 70° (158 °F) for the distributor.
f. Drive the distributor at 1750 ±50 rpm for 200 hours. After each 50 hour interval, run the distributor for 5 minutes with one open circuit spark gap instead of a 12KV gap.
g. The replacement breaker point assembly must have the capability of performing throughout the duration of the test without evidence of any failure resulting in loss of spark in the 12KV spark gap.
h. After the 200 hours repeat step 1.c. above. The open circuit output voltage must be at least 90% of that measured in 1.c.
1.
a. The electrostatic capacitance of the replacement condenser shall be within ±20% of the value of the original part at 20 ±3 °C (68 ±5 °F). The capacitance is to be measured on
b. Set up the test system in accordance with Figure 1. The condenser series resistance shall be such that the output voltage at 500 distributor rpm with the replacement condenser shall not be less than 90% of the output voltage (M-3) with the original equipment condenser.
c. The capacitor must be able to withstand a minimum test voltage of 500V DC for a minimum of 0.1 seconds without failure.
d. (1) Measure capacitance after 4 hours minimum soak at 70° (158 °F).
(2) After one hour at room temperature, place capacitor at −18 °C (0 °F) for 4 hours minimum and measure capacitance.
(3) Place capacitor at room temperature for 4 hours minimum and measure capacitance.
e. After thermal cycling, repeat 1.a. and b. The results must be within ±10 percent of the intital measurements.
2.
a. Set up a bench ignition system using an applicable distributor or an electro-mechanical equivalent.
b. Install the capacitor under test in the distributor adjusted to applicable vehicle manufacturer's specifications. Use applicable coil, primary resistor, breaker points, cap and rotor.
c. Connect the primary of the test system with a power supply regulated at 14 ±0.5V DC for 12V system.
d. The secondary portion of the test system is to be connected to a 12 ±2KV spark gap.
e. An external heat source shall generate an ambient temperature of 70 °C (158 °F) for the distributor.
f. Drive the distributor at 1750 ±50 rpm for 200 hours. After each 50 hour interval, run the distributor for 5 minutes with one open circuit spark gap instead of a 12KV gap.
g. The replacement part must have the capability of performing throughout the duration of the test without evidence of any failure resulting in loss of spark in the 12KV spark gap.
h. After the 200 hours, the condenser shall be within 10 percent of the capacitance and voltage measured in 1.a. and b. respectively.
1.
a. Set up test system in accordance with the circuit and equipment per Figure 1 with OE distributor cap and/or rotor. Connect the primary to a 14 ±.5V DC regulated power supply.
b. Record open circuit output voltage (M-3) at 300 and 500 distributor rpm and at intervals of 500 distributor rpm up to the maximum speed of the intended application.
c. Insert the intended replacement part(s) in the system and repeat step b. above under identical test conditions.
d. Subject the intended replacement part to the following thermal sequence through five complete cycles:
1. 12 hours at −40 °C (−40 °F)
2. 2 hours at room temperature
3. 4 hours at 100 °C (212 °F)
4. 2 hours at room temperature.
e. Repeat step b. above with the replacement part(s).
f. The output voltages measured with the replacement part(s) in the system must be at least 90% of the output voltage with the OE cap and/or rotor.
2.
a. Set up test system in accordance with circuit and equipment per Figure 1.
b. Install the cap and/or rotor under test in distributor, lubricate and adjust per applicable vehicle manufacturer's specifications. Use equivalent coil, primary resistor, breaker points and capacitor.
c. Connect the primary of the test system with a power supply regulated at 14 ±0.5 V D.C.
1. In breaker point operated systems, connect secondary to a 12 KV±2 KV gap.
2. In electronic ignition systems, connect secondary to a gap equivalent to at least 50% of peak open-circuit voltage.
d. An external heat source shall generate an ambient temperature of 70° (158 °F) for the distributor.
e. Distributor shall be driven at 1750 ±50 rpm for 200 hours. After each 50 hours interval, run the distributor for 5 minutes with one open-circuit spark gap instead of a 12KV gap.
f. The replacement part(s) must have the capability of performing throughout the duration of the test without evidence of any failure resulting in loss of spark at the spark gap.
g. Repeat step 1.c. above. The open circuit output voltage must be at least 90% of that measured in step 1.c.
h. The replacement cap and/or rotor must be free of any visual cracks, arcing or melting.
1.
a. Heat rating: When comparatively rated in the SAE 17.6 Spark Plug Rating engine according to the SAE J549A Recommended Practice, the comparative average rating of at least five (5) replacement spark plugs shall be within 15 percent of the average IMEP of at least five (5) OE spark plugs.
b. Gap spacing: The electrode spark gap shall be equivalent or adjustable to the recommended gap for the original equipment spark plug.
c. Gap location: The electrode gap position in the chamber shall be the same as specified by the vehicle manufacturer.
d. Flashover: The spark plug terminal end, with the properly fitted connecting boot, shall not flash-over at peak anticipated voltage for the intended application when electrode gap is 15% larger than vehicle manufacturer's gap specifications.
1.
a. Set up the circuit in accordance with Figure 1. Operate the circuit by an applicable distributor or equivalent triggering device and applicable primarly resistor with a 50 pf load at 14.0 ±0.50 volts DC input as applicable and stabilized at an ambient temperature of 20 °C ±3 °C (68 °F ±5 °F).
b. With the original equipment coil installed, record the predominant minimum peak voltage and rise time at 300 and 500 distributor rpm, and at 500 rpm intervals up to the maximum intended operating speed. The measurement is to be taken after 4 minutes operation at each speed.
c. Install the replacement coil to be tested and repeat step b. above.
d. The replacement coil shall have an open-circuit output voltage (M-3) at least 90% of the OE coil output voltage and a rise time not to exceed 110% of original equipment coil at each distributor test speed.
2.
a. Install the replacement ignition coil in the ignition system using the applicable rotor, cap, capacitor, breaker points, and primary resistor.
b. Operate the circuit with a regulated power supply of 14.0 ±.5 volts DC connected to the primary at an ambient temperature of 70 °C (158 °F) at 1750 ±50 distributor rpm for a duration of 200 hours. After each 50 hour interval, run the distributor for 5 minutes with one open-circuit spark gap instead of a 12KV gap.
c. The ignition coil shall perform throughout the test without any evidence of coil failure which would result in the loss of the spark in the 12 KV spark gap.
d. Repeat Step 1.c. above. The open-circuit output voltage must be at least 90% of that measured in 1.c.
1.
a. Configure the circuit shown in Figure 2, using the original equipment resistor.
b. At 20 ±3 °C (68 ±5 °F), apply voltage for 15 minutes; maintain current at 2.5 amps. At conclusion of 15 minutes, read voltage and current. Calculate resistance using the relationship
c. Replace OE test sample with part to be certified and repeat step b. above.
d. Resistance of the part shall be within ±20% of original equipment resistance.
2.
a. Using the circuit shown in Figure 1, apply current at 70 °C (150 °F), for 200 hours.
b. After 200 hours retest as in step 1.c. above, and verify that resistance is within ±20% of the value as measured in step 1.b. above.
1.
a. Using an appropriate test installation, operate the distributor through its intended speed range.
b. The advance mechanism shall function within the tolerance of the vehicle manufacturer's original specification over the speed range of the intended application as to vacuum and centrifugal advance.
c. The advance mechanism shall repeatedly return to the zero setting
d. The distributor firing angle accuracy shall remain within the originally specified tolerances throughout the speed range of the intended application.
e. The distributor shall be capable of maintaining the dwell angle of the original equipment specification with ±2 degrees throughout the speed range of the intended application.
f. The distributor shall be capable of open-circuit output voltage (M-3) equal to at leat 90 percent of the voltage produced by the original equipment system over the speed range of the intended application.
2.
a. At an ambient temperature of 70 °C (150 °F), operate the distributor at 1750 ±50 rpm for 200 hours.
b. The distributor must meet the requirements of paragraph 1.b. through f. after the 200 hours.
1.
(a) The fresh and aged conversion efficiencies of the replacement oxidizing catalytic converter shall be equal to or exceed those of the original equipment converter for CO and HC emissions. The fresh and aged Light-off Time (LOT) of the replacement converter shall be equal to or less than those of the original equipment converter for CO and HC emissions. These parameters shall be determined for both fresh and aged converters under the same conditions using the following steady state feed gas concentrations and conditions for LOT and Conversion Efficiency respectively:
Not less than peak air flow of the vehicle or engine configuration being certified for. If more than one vehicle or engine application is to be covered by a generic converter, the greatest peak vehicle or engine air flow shall be used.
Between 0.10 and 0.40 times the value determined in Note 1.
500-2000 parts per million by volume minimum based on Methane calibration. If a non-engine simulator gas source is used, a mixture ratio of 10% propane to 90% propylene by volume will constitute an acceptable synthetic for total exhaust hydrocarbons.
(i) LOT tests shall be conducted by exposing the converter to a step change in temperature, from ambient to that specified above: 650°-850 °F. Converter inlet and outlet exhaust emissions as measured. Light-off Time is then determined by recording the time required for the converter to reduce the outlet emissions (HC and CO) to 50% of the inlet emissions, on a volumetric concentration basis, measured from the step temperature change.
(ii) Conversion efficiency measurements shall be obtained by passing stabilized-feed gas through the converter (at conditions specified above) and making simultaneous measurements of inlet and outlet emission volume concentrations. The conversion efficiency for CO and HC is then calculated.
(iii) The particular conditions for which LOT and conversion efficiency are measured (i.e., exhaust mass flow rate, total hydrocarbons, carbon monoxide, hydrogen, oxygen, and converter inlet temperature) for the replacement converter and original equipment converter tests must not vary from one another by more than 10%.
(b) Fresh and aged catalytic converters may be obtained by operating the converter on individual vehicle or engine application for which it is intended on the Federal Test Procedure road durability driving cycle. A fresh converter results when the converter has operated between 2000 and 5000 miles or equivalent hours. An aged converter results when the converter has been operated for the warranted life of the original equipment converter.
(c) Where one generic converter is intended to cover multiple vehicle or engine configurations, converter aging may be obtained per Paragraph (b) above, on a vehicle or engine which represents the greatest peak air flow of the group of vehicle configurations to be covered, and whose calibration and feed gas concentrations are representative of the vehicle or engine configurations being certified for.
2.
(a) Replacement converter must fit within the width and length space envelope of the original equipment converter. Converter spacing from the underbody and for ground clearance must be the same or greater than the original equipment converter application.
(b) Pressure drop measured between inlet and outlet pipe interconnecting points on the replacement converter shall be within ±25% of similar measurements for the original equipment converter being replaced, when measured at each of three flow conditions 50 SCFM, 100 SCFM, and 150 SCFM
(c) Converter skin temperature shall be measured during the converter efficiency test. The skin temperature for the replacement converter must equal or be less than that for the original equipment converter.
1.
(a) Using test equipment and procedures specified in SAE-J726c, perform:
(i) Air Flow and Pressure Drop Test (2.3) at 200 SCFM, record test conditions and pressure drop.
(ii) Efficiency Test (2.4) to measure full life efficiency at 200 SCFM to a total pressure drop of 9 inches of water, record test conditions and test duration from first to last addition of standard dust, weigh test element and absolute filter at end of test using three randomly selected original equipment air filter elements.
(b) Perform tests as in (a) above, under conditions controlled to within ±10% of the corresponding original equipment test conditions, for three randomly selected replacement air filter elements.
(c) The replacement air filter element average recorded test results. The pressure drop in (i) and absolute filter weight in (ii) must be equal to or less than those average results for the original equipment test results. The replacement air filter averaged test results for element weight in (ii) must be equal to or larger than averaged result for the original equipment averaged test results.
2.
(a) After use in the intended vehicle or engine application for the recommended service interval, the replacement element shall evidence an increase in pressure drop (as measured in 1 (a)(i) above) equal to or less than that of the original equipment air filter element tested in the identical manner.
Either party may commence an arbitration under these rules by filing at any regional office of the American Arbitration Association (the AAA) three copies of a written submission to arbitrate under these rules, signed by either party. It shall contain a statement of the matter in dispute, the amount of money involved, the remedy sought, and the hearing locale requested, together with the appropriate administrative fee as provided in the Administrative Fee Schedule of the AAA in effect at the time the arbitration is filed. The filing party shall notify the MOD Director in writing within 14 days of when it files for arbitration and provide the MOD Director with the date of receipt of the bill by the part manufacturer.
Unless the AAA in its discretion determines otherwise and no party disagrees, the Expedited Procedures (as described in Part E of these Rules) shall be applied in any case where no disclosed claim or counterclaim exceeds $32,500, exclusive of interest and arbitration costs. Parties may also agree to the Expedited Procedures in cases involving claims in excess of $32,500.
All other cases, including those involving claims not in excess of $32,500 where either party so desires, shall be administered in accordance with Parts A through D of these Rules.
Any arbitrator appointed pursuant to these Rules shall be neutral, subject to disqualification for the reasons specified in Section 6. If the parties specifically so agree in writing, the arbitrator shall not be subject to disqualification for said reasons.
The term “arbitrator” in these rules refers to the arbitration panel, whether composed of one or more arbitrators.
The involved manufacturers should select a mutually-agreeable arbitrator through which they will resolve their dispute. This step should be completed within 90 days from the date of receipt of the warranty claim bill by the part manufacturer.
If the parties have not appointed an arbitrator and have not provided any other method of appointment, the arbitrator shall be appointed in the following manner: 90 days from the date of receipt of the warranty claim bill by the part manufacturer, the AAA shall submit simultaneously to each party to the dispute an identical list of names of persons chosen from the National Panel of Commercial Arbitrators, established and maintained by the AAA.
Each party to the dispute shall have ten days from the mailing date in which to cross off any names objected to, number the remaining names in order of preference, and return the list to the AAA. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who
The dispute shall be heard and determined by one arbitrator, unless the AAA in its discretion, directs that a greater number of arbitrators be appointed.
Notice of the appointment of the arbitrator shall be mailed to the arbitrator by the AAA, together with a copy of these rules, and the signed acceptance of the arbitrator shall be filed with the AAA prior to the opening of the first hearing.
Any person appointed as an arbitrator shall disclose to the AAA any circumstance likely to affect impartiality, including any bias or any financial or personal interest in the result of the arbitration or any past or present relationship with the parties or their representatives. Upon receipt of such information from the arbitrator or another source, the AAA shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. Upon objection of a party to the continued service of an arbitrator, the AAA shall determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive.
If for any reason an arbitrator should be unable to perform the duties of the office, the AAA may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules.
In the event of a vacancy in a panel of arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties agree otherwise.
The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties. When there is more than one arbitrator and a difference arises among them concerning the meaning or application of these rules, it shall be decided by a majority vote. If that is unobtainable, either an arbitrator or a party may refer the question to the AAA for final decision. All other rules shall be interpreted and applied by the AAA.
At the request of any party or at the discretion of the AAA, an administrative conference with the AAA and the parties and/or their representatives will be scheduled in appropriate cases to expedite the arbitration proceedings.
In large or complex cases, at the request of any party or at the discretion of the arbitrator or the AAA, a preliminary hearing with the parties and/or their representatives and the arbitrator may be scheduled by the arbitrator to specify the issues to be resolved, stipulate to uncontested facts, and to consider any other matters that will expedite the arbitration proceedings. Consistent with the expedited nature of arbitration, the arbitrator may, at the preliminary hearing, establish (i) the extent of and the schedule for the production of relevant documents and other information, (ii) the identification of any witnesses to be called, and (iii) a schedule for further hearings to resolve the dispute.
The parties may mutually agree on the locale where the arbitration is to be held. If any party requests that the hearing be held in a specific locale and the other party files no objection thereto within ten days after notice of the request has been mailed to it by the AAA, the locale shall be the one requested. If a party objects to the locale requested by the other party, the AAA shall have the power to determine the locale and its decision shall be final and binding.
The arbitrator shall set the date, time, and place for each hearing. The AAA shall mail to each party notice thereof at least ten days in advance, unless the parties by mutual agreement waive such notice or modify the terms thereof.
Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and the AAA of the name and address of the representative at least three days prior to the date set for the hearing at which that person is first to appear.
The arbitrator shall maintain the privacy of the hearings unless the law provides to the contrary. Representatives of the MOD director, and any persons having a direct interest in the arbitration are entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person.
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so.
All decisions of the arbitrators must be by a majority. The award must also be made by a majority.
A hearing shall be opened by the filing of the oath of the arbitrator, where required; by the recording of the date, time, and place of the hearing, and the presence of the arbitrator, the parties and their representatives, if any; and by the receipt by the arbitrator of the statement of the claim and the answering statement, if any.
The arbitrator may, at the beginning of the hearing, ask for statements clarifying the issues involved. In some cases, part or all of the above will have been accomplished at the preliminary hearing conducted by the arbitrator pursuant to Part A Section 9 of these Rules.
The complaining party shall then present evidence to support its claim. The defending party shall then present evidence supporting its defense. Witnesses for each party shall submit to questions or other examination. The arbitrator has the discretion to vary this procedure but shall afford a full and equal opportunity to all parties for the presentation of any material and relevant evidence.
Exhibits, when offered by either party, may be received in evidence by the arbitrator.
The names and addresses of all witnesses and a description of the exhibits in the order received shall be made a part of the record.
There shall be no direct communication between the parties and an arbitrator other than at oral hearing, unless the parties and the arbitrator agree otherwise. Any other oral or written communication from the parties to the neutral arbitrator shall be directed to the AAA for transmittal to the arbitrator.
The parties may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently.
The arbitrator shall be the judge of the relevance and materiality of the evidence offered, and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where any of the parties is absent, in default, or has waived the right to be present.
The arbitrator may receive and consider the evidence of witnesses by affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission.
If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence shall be filed with the AAA for transmission to the arbitrator. All parties shall be afforded an opportunity to examine such documents or other evidence.
The arbitrator shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies or if satisfied that the record is complete, the arbitrator shall declare the hearing closed and a minute thereof shall be recorded. If briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of briefs. If documents are to be filed as provided for in Part B Section 9 and the date set for their receipt is later than that set for the receipt of briefs, the later date shall be the date of closing the hearing. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other agreements by the parties, upon the closing of the hearing.
The hearing may be reopened on the arbitrator's initiative, or upon application of a party, at any time before the award is made. The arbitrator may reopen the hearing and shall have 30 days from the closing of the reopened hearing within which to make an award.
The parties may provide, by written agreement, for the waiver of oral hearings.
Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection thereto in writing, shall be deemed to have waived the right to object.
The parties may modify any period of time by mutual agreement. The AAA or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The AAA shall notify the parties of any extension.
Each party shall be deemed to have consented that any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith; or for the entry of judgment on any award made under these rules may be served on a party by mail addressed to the party or its representative at the last known address or by personal service, inside or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard thereto has been granted to the party.
The AAA and the parties may also use facsimile transmission, telex, telegram, or other written forms of electronic communication to give the notices required by these rules.
The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the AAA's transmittal of the final statements and proofs to the arbitrator.
The award shall be in writing and shall be signed by the arbitrator, or if a panel is utilized, a majority of the arbitrators. It shall be accompanied by a written decision which sets forth the reasons for the award. Both the award and the decision shall be filed by the arbitrator with the MOD Director.
The arbitrator may grant to the vehicle manufacturer any repair expenses that he or she deems to be just and equitable.
If the parties settle their dispute during the course of the arbitration, the arbitrator may set forth the terms of the agreed settlement in an award. Such an award is referred to as a consent award. The consent award shall be filed by the arbitrator with the MOD Director.
Parties shall accept as legal delivery of the award, the placing of the award, or a true copy thereof in the mail addressed to a party or its representative at the last known address, personal service of the award, or the filing of the award in any other manner that is permitted by law.
The AAA shall, upon the written request of a party, furnish to the party, at its expense, certified copies of any papers in the AAA's possession that may be required in judicial proceedings relating to the arbitration.
The AAA shall be compensated for the cost of providing administrative services according to the AAA Administrative Fee Schedule and the AAA Refund Schedule. The Schedules in effect at the time the demand for arbitration or submission agreement is received shall be applicable.
The administrative fee shall be advanced by the initiating party or parties, subject to final allocation at the end of the case.
When a claim or counterclaim is withdrawn or settled, the refund shall be made in accordance with the Refund Schedule. The AAA may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fee.
The loser of the arbitration is liable for all arbitration expenses unless determined otherwise by the arbitrator.
An arrangement for the compensation of an arbitrator shall be made through discussions by the parties with the AAA and not directly between the parties and the arbitrator. The terms of compensation of arbitrators on a panel shall be identical.
The AAA may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to defray the expense of the arbitration, including the arbitrator's fee, if any, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case.
The parties shall accept all notices from the AAA by telephone. Such notices by the AAA shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any notice hereunder, the proceeding shall nonetheless be valid if notice has, in fact, been given by telephone.
The AAA shall submit simultaneously to each party an identical list of five proposed arbitrators drawn from the National Panel of Commercial Arbitrators, from which one arbitrator shall be appointed.
Each party may strike two names from the list on a preemptory basis. The list is returnable to the AAA within seven days from the date of the AAA's mailing of the list to the parties.
If for any reason the appointment of an arbitrator cannot be made from the list, the AAA may make the appointment from among other members of the panel without the submission of additional lists.
The parties will be given notice by the AAA by telephone of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified in Part A, Section 6. The parties shall notify the AAA, by telephone, within seven days of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be confirmed in writing to the AAA with a copy to the other party or parties.
The arbitrator shall set the date, time, and place of the hearing. The AAA will notify the parties by telephone, at least seven days in advance of the hearing date. Formal Notice of Hearing will be sent by the AAA to the parties and the MOD Director.
Generally, the hearing shall be completed within one day, unless the dispute is resolved by the submission of documents. The arbitrator, for good cause shown, may schedule an additional hearing to be held within seven days.
Unless otherwise agreed by the parties, the award shall be rendered not later than 14 days from the date of the closing of the hearing.
Unless explicitly contradicted by the provisions of this part, provisions of other parts of the Rules apply to proceedings conducted under this part.
Secs. 207, 301(a), Clean Air Act as amended (42 U.S.C. 7541(b) and 7601(a)).
(a) This subpart contains the short tests and standards to be employed in conjunction with the Emissions Performance Warranty, subpart V.
(b)
(c)
The definitions and abbreviations in subpart A of part 86 of this chapter apply to this subpart.
(a) For light-duty vehicles for which the test procedures described in §§ 85.2209, 85.2210, 85.2211, 85.2212, 85.2214, or 85.2216 are used to establish Emissions Performance Warranty eligibility (that is, 1981 and later model year light-duty vehicles at low altitude and 1982 and later model year vehicles at high altitude to which high altitude certification standards of 1.5 g/mile HC and 15 g/mile CO or less apply), short test emissions for all tests and test modes may not exceed the standards listed in paragraphs (a)(1) and (2) of this section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
(b) For light-duty vehicles for which the test procedure described in § 85.2214 is used to establish Emissions Performance Warranty eligibility (that is, 1981 and later model year light-duty vehicles at low altitude and 1982 and later model year vehicles at high altitude to which high altitude certification standards of 1.5 g/mile HC and 15 g/mile CO or less apply), the lowest readings from the two idle modes must be used to determine compliance. Short test emissions may not exceed the standards listed in paragraphs (b)(1) and (2) of this section.
(1) Hydrocarbons: 200 ppm as hexane.
(2) Carbon monoxide: 1.0%.
(c) For gasoline-fueled light-duty vehicles for which any of the test procedures described in §§ 85.2213, 85.2215, 85.2217, 85.2218, 85.2219, or 85.2220 are utilized to establish Emissions Performance Warranty eligibility (that is, 1981 and later model year light-duty vehicles at low altitude and 1982 and later model year vehicles at high altitude to which high altitude certification standards of 1.5 g/mile HC and 15 g/mile CO or less apply), short test emissions for all tests and test modes may not exceed the standards listed in paragraphs (c)(1) and (2) of this section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
(a) For light-duty trucks for which the test procedures described in § 85.2209, 85.2210, 85.2211, 85.2212, 85.2214, or 85.2216 are used to establish Emissions Performance Warranty eligibility (that is, 1981 and later model year light-duty trucks at low altitude and 1982 and later model year trucks at high altitude to which high altitude certification standards of 2.0 g/mile HC and 26 g/mile CO or less apply), short test emissions may not exceed the standards listed in paragraphs (a)(1) and (2) of this section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
(b) For light-duty trucks for which the test procedure described in § 85.2214 is used to establish Emissions Performance Warranty eligibility (that is, 1981 and later model year light-duty trucks at low altitude and 1982 and later model year trucks at high altitude to which high altitude certification standards of 2.0 g/mile HC and 26 g/mile CO
(1) Hydrocarbons: 200 ppm as hexane.
(2) Carbon monoxide: 1.0%.
(c) For 1981 and later model year gasoline-fueled light-duty trucks for which any of the test procedures described in § 85.2213, 85.2215, 85.2217, 85.2218, 85.2219, or 85.2220 are utilized to establish Emissions Performance Warranty eligibility (that is, 1981 and later model year light-duty trucks at low altitude and 1982 and later model year trucks at high altitude to which high altitude certification standards of 2.0 g/mile HC and 26 g/mile CO or less apply), short test emissions for all tests and test modes may not exceed the standards listed in paragraphs (c)(1) and (2) of this section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
(a) [Reserved]
(b) A vehicle shall fail the on-board diagnostics test if it is a 1996 or newer vehicle and the vehicle connector is missing, has been tampered with, or is otherwise inoperable.
(c) A vehicle shall fail the on-board diagnostics test if the malfunction indicator light is commanded to be illuminated and it is not visually illuminated according to visual inspection.
(d) A vehicle shall fail the on-board diagnostics test if the malfunction indicator light is commanded to be illuminated for one or more OBD diagnostic trouble codes (DTCs), as defined by SAE J2012. The procedure shall be done in accordance with SAE J2012 Diagnostic Trouble Code Definitions, (MAR92). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of SAE J2012 may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket No. A-94-21 at EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 401 M Street SW, Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(e) [Reserved]
(a)(1) As a part of the certification process, as set forth in 40 CFR part 86, subparts A and S, a manufacturer may request an alternative short test standard or short test procedure for any vehicle or engine for which the standards or procedures specified in this subpart are not appropriate. The requestor shall supply relevant test data and technical support to substantiate the claim and shall also recommend alternative test procedures and/or standards for the Administrator's consideration. Upon an acceptable showing that the general standards or procedures are not appropriate, the Administrator shall set alternative standards or procedures through rulemaking. The administrative provisions of the certification process (see 40 CFR part 86, subparts A and S), apply to such a request for alternative standards or procedures.
(2) Any such alternative standards or test procedures must be specified on the emission control information label to be effective for that particular vehicle or engine. The Administrator may waive this requirement if it is determined that a given model year of production for which an alternative test procedure is promulgated is too far advanced at the time of promulgation to make such a requirement practical.
(3) Alternative test procedures may be approved if the Administrator finds that:
(i) Such procedures are in accordance with good engineering practice, including errors of commission (at cutpoints corresponding to equivalent emission
(ii) Such procedures show a correlation with the Federal Test Procedure (with respect to their ability to detect high emitting vehicles and ensure their effective repair) equal to or better than the tests they would replace; and
(iii) Such procedures would produce equivalent emission reductions in combination with other program elements.
(b) A State or other I/M authority conducting or supervising tests under this subpart may request to use quality control procedures which are different than those in § 85.2217. After an appropriate opportunity for public comment, the Administrator may approve the requested procedures provided the requested procedures are equivalent to those in § 85.2217. The requestor shall supply relevant test data and technical support to substantiate the claim that the procedures are equivalent to the specifications described in § 85.2217. Following a preliminary determination by the Administrator that an alternative procedure is equvalent, a
(c)(1) A state or other I/M authority conducting or supervising tests under this subpart may request to use alternative short test standards or procedures. The requester must supply relevant test data and technical support to substantiate the claim and must also recommend alternative standards or test procedures for the Administrator's consideration. If the Administrator determines that the alternative standards or procedures satisfy the provisions of the Clean Air Act, 42 U.S.C. 7541 paragraphs (b)(i), (b)(ii), and (b)(iii) of this section, the Administrator will set alternative standards or procedures through rulemaking.
(2) Alternative test procedures may be approved if the Administrator finds that:
(i) Such procedures are in accordance with good engineering practice, including errors of commission (at cutpoints corresponding to equivalent emission reductions) no higher than the tests they would replace;
(ii) Such procedures show a correlation with the Federal Test Procedure (with respect to their ability to detect high emitting vehicles and ensure their effective repair) equal to or better than the tests they would replace; and
(iii) Such procedures would produce equivalent emission reductions in combination with other program elements.
(a)(1)
(2)
(ii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic decentralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1993.
(iii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be
(iv) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1995.
(b)
(c)
(2) Attach tachometer pick up.
(3) With engine idling and transmission in neutral, the sample probe shall be inserted into the tailpipe.
(4) The engine speed shall be increased to 2500 ±300 rpm, with transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. This process shall be repeated as necessary for multiple exhaust pipes, or hardware which is capable of simultaneously sampling multiple tailpipes may be used. However, if this hardware is not used, exhaust concentrations from each pipe shall be measured within the 30 second period if stable readings can be obtained from both pipes before the 30 seconds have elapsed. If this is not possible, the procedures shall be conducted through step (5) for the first pipe and then the entire procedure beginning from step (3) shall be repeated for the second pipe. Neither multiple readings nor simultaneous sampling hardware is necessary for exhaust systems in which the exhaust pipes originate from a common point.
(5) The engine speed shall be reduced to free idle with transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. Repeat as specified in paragraph (b)(4) of this section for multiple exhaust pipes, unless hardware capable of simultaneous sampling of multiple exhaust pipes is used.
(6) For vehicles with multiple exhaust pipes, the separate results from each pipe for each mode (as specified in paragraphs (c)(4) and (5) of this section) must be numerically averaged for each pollutant, unless hardware which is capable of simultaneously sampling multiple exhaust pipes has been used.
(7) Exhaust concentration measurements from both the idle mode and the high speed mode are required.
(a)(1)
(2)
(ii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic decentralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1993.
(iii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through June 30, 1994.
(iv) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1995.
(b)
(c)
(2) Attach tachometer pick up.
(3) The engine shall be turned off and then restarted.
(4) With engine idling and transmission in neutral, the sample probe shall be inserted into the tailpipe.
(5) The engine speed shall be increased to 2500 ±300 rpm, with the transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. This process shall be repeated as necessary for multiple exhaust pipes, or hardware which is capable of simultaneously sampling vehicles with multiple tailpipes may be used. However, if this hardware is not used, exhaust concentrations from each pipe shall be measured within the 30 second period if stable readings can be obtained from both pipes before the 30 seconds have elapsed. If this is not possible, the procedure shall be conducted through step (6) for the first pipe and then the entire procedure beginning from step (3) shall be repeated for the second pipe. Neither multiple readings nor simultaneous sampling hardware is necessary for exhaust pipes originating from a common point.
(6) The engine speed shall be reduced to free idle with transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. This process shall be repeated as necessary for multiple exhaust pipes, or hardware which is capable of simultaneously sampling vehicles with multiple tailpipes may be used. However, if this hardware is not used, exhaust concentrations from both pipes shall be measured in this step (6) within the 30 second period if stable readings can be obtained before the 30 seconds have elasped. If this is not possible, the entire procedure beginning from step (3) shall be repeated for the second pipe. For vehicles with multiple exhaust pipes only one of which was measured in step (5) before the 30 seconds at 2500 ±300 rmp had elapsed, the entire procedure beginning from step (3) shall be repeated for the second pipe after this step (6) is completed for the first pipe. Neither multiple readings nor simultaneous sampling hardware is necessary for exhaust pipes originating from a common point.
(7) For vehicles with multiple exhaust pipes, the separate results from each pipe for each mode (as specified in paragraphs (c) (5) and (6) of this section) must be numerically averaged for each pollutant, unless hardware which is capable of simultaneously sampling multiple exhaust pipes has been used.
(8) Exhaust concentration measurements from both the idle mode and the high speed mode are required.
(a)(1)
(2)
(ii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic decentralized program meeting the requirements
(iii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through June 30, 1994.
(iv) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1995.
(b)
(c)
(2) Attach tachometer pick up.
(3) The engine shall be turned off and then restarted.
(4) With engine idling and transmission in neutral, the sample probe shall be inserted into the tailpipe.
(5) The engine speed shall be increased to 2500 rpm ±300 rpm, with transmission in neutral, for 30 seconds.
(6) The engine speed shall be reduced to free idle with transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. This process shall be repeated as necessary for multiple exhaust pipes, or hardware which is capable of simultaneously sampling vehicles with multiple tailpipes may be used. However, if this type of hardware is not used, exhaust concentrations from each pipe shall be measured within the 30 second period if stable readings can be obtained from both pipes before the 30 seconds have elapsed. If this is not possible, the entire procedure beginning from step (3) shall be repeated for the second pipe. Neither multiple readings nor simultaneous sampling hardware is necessary for exhaust systems in which the exhaust pipes originate from a common point.
(7) Multiple readings from multiple exhaust pipes shall be numerically averaged, if taken.
(a)(1)
(2)
(ii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic decentralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1993.
(iii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through June 30, 1994.
(iv) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1995.
(b)
(c)
(2)
(3) With engine idling and transmission in neutral, the sample probe shall be inserted into the tailpipe. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. This process shall be repeated as necessary for multiple exhaust pipes, or hardware which is capable of simultaneously sampling vehicles with multiple tailpipes may be used. Neither multiple readings nor simultaneous sampling hardware is necessary for exhaust systems in which the exhaust pipes originate from a common point.
(4) Multiple readings from multiple exhaust pipes shall be numerically averaged, if taken.
(a)
(2)
(3)
(4)
(5) The test is immediately terminated upon reaching the overall maximum test time.
(b)
(i) The first-chance test, as described under paragraph (c) of this section, consists of an idle mode.
(ii) The second-chance test as described under paragraph (d) of this section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements listed in paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the transmission in neutral or park and all accessories turned off. The engine must be at normal operating temperature (as indicated by a temperature gauge, temperature lamp, touch test on the radiator hose, or other visual observation indicating that overheating has not occurred).
(ii) For all pre-1996 model year vehicles, a tachometer shall be attached to the vehicle in accordance with the analyzer manufacturer's instructions. For
(iii) The sample probe is inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension must be used.
(iv) The measured concentration of CO plus CO
(c)
(1) The mode timer starts (mt=0) when the vehicle engine speed is between 350 and 1100 rpm. If engine speed exceeds 1100 rpm or falls below 350 rpm, the mode timer resets to zero and resumes timing. The minimum mode length is determined as described under paragraph (c)(2) of this section. The maximum mode length is 90 seconds elapsed time (mt=90).
(2) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (c)(2) (i) through (v) of this section.
(i) The vehicle passes the idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(ii) The vehicle passes the idle mode and the test terminates at the end of an elapsed time of 30 seconds (mt=30), if prior to that time the criteria of paragraph (c)(2)(i) of this section are not satisfied and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(iii) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(iv) The vehicle fails the idle mode and the test is terminated if none of the provisions of paragraphs (c)(2) (i), (ii), and (iii) of this section is satisfied by an elapsed time of 90 seconds (mt=90). Alternatively, the vehicle may be failed if the provisions of paragraphs (c)(2) (i) and (ii) of this section are not met within an elapsed time of 30 seconds.
(v)
(d)
(1)
(2)
(ii) The mode timer starts (mt=0) when the vehicle engine speed is between 350 and 1100 rpm. If engine speed exceeds 1100 rpm or falls below 350 rpm, the mode timer resets to zero and resumes timing. The minimum idle mode
(iii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the idle mode is terminated in accordance with paragraphs (d)(2)(iii) (A) through (D) of this section.
(A) The vehicle passes the idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30), if prior to that time the criteria of paragraph (d)(2)(iii)(A) of this section are not satisfied and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), measured values are less than or equal to the applicable short test standards described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the test is terminated if none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90).
(a)(1)
(2)
(ii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic decentralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1993.
(iii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through June 30, 1994.
(iv) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1995.
(b)
(c)
(2) Attach tachometer pick up.
(3) With engine idling and transmission in neutral, the sample probe shall be inserted into the tailpipe. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. This process shall be repeated as necessary for multiple exhaust pipes, or hardware which is capable of simultaneously sampling vehicles with multiple tailpipes may be used. Neither
(4) The engine speed is increased to 2500 ±300 rpm, with transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. Repeat as specified in paragraph (c)(3) of this section for multiple exhaust pipes, if necessary.
(5) The engine speed is reduced to free idle with transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. Repeat as specified in paragraph (c)(3) of this section for multiple exhaust pipes, if necessary.
(6) For vehicles with multiple exhaust pipes, the separate results from each pipe for each mode (as specified in paragraphs (c)(3), (4), and (5) of this section) must be numerically averaged for each pollutant, unless hardware which is capable of simultaneously sampling multiple tailpipe vehicles has been used.
(7) The idle mode final results shall be the lowest HC and lowest CO readings from steps (3) and (5).
(d) Exhaust concentration measurements from both the idle mode and the high-speed mode are not required. The short test may be used to evaluate emissions from either mode alone or from both modes, the choice being made by the jurisdiction implementing the inspection program. If exhaust concentrations are not measured on a given mode, the vehicle must be operated at the specified test condition for 15 to 30 seconds. The final idle mode, described in paragraph (c)(5) of this section, may be omitted if only high-speed mode exhaust concentrations are to be measured or if the vehicle is below idle standards on the first measurement, paragraph (c)(3) of this section. The high-speed mode may be omitted if only idle mode exhaust concentrations are to be measured and if the vehicle is below idle standards on the first measurement.
(a)
(2)
(3)
(4)
(5) The test is immediately terminated upon reaching the overall maximum test time.
(b)
(i) The first-chance test, as described under paragraph (c) of this section, consists of an idle mode followed by a high-speed mode.
(ii) The second-chance high-speed mode, as described under paragraph (c) of this section, immediately follows the first-chance high-speed mode. It is performed only if the vehicle fails the first-chance test. The second-chance idle mode, as described under paragraph (d) of this section, follows the second-chance high-speed mode and is
(2) The test sequence begins only after the requirements listed in paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the transmission in neutral or park and all accessories turned off. The engine must be at normal operating temperature (as indicated by a temperature gauge, temperature lamp, touch test on the radiator hose, or other visual observation indicating that overheating has not occurred).
(ii) For all pre-1996 model year vehicles, a tachometer shall be attached to the vehicle in accordance with the analyzer manufacturer's instructions. For 1996 and newer model year vehicles the OBD data link connector will be used to monitor RPM. In the event that an OBD data link connector is not available or that an RPM signal is not available over the data link connector, a tachometer shall be used instead.
(iii) The sample probe is inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension must be used.
(iv) The measured concentration of CO plus CO
(c)
(1)
(ii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode terminated as described in paragraphs (c)(1)(ii) (A) through (E) of this section.
(A) The vehicle passes the idle mode and the mode is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the mode is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (c)(1)(ii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the mode is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the mode is terminated if none of the provisions of paragraphs (c)(1)(ii) (A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90). Alternatively, the vehicle may be failed if the provisions of paragraphs (c)(1)(ii) (A) and (B) of this section are not met within an elapsed time of 30 seconds.
(E)
(2)
(i) The mode timer resets (mt=0) when the vehicle engine speed is between 2200 and 2800 rpm. If engine speed falls below 2200 rpm or exceeds 2800 rpm for more than two seconds in one excursion, or more than six seconds over
(ii)
(A) For vehicles that
(
(
(
(
(
(
(B) A pass or fail determination is made for vehicles that
(
(
(
(
(iii)
(A) For vehicles that
(
(
(
(
(B) A pass or fail determination is made for vehicles that
(
(
(d)
(1) The engines of 1981-1987 model year Ford Motor Company vehicles and 1984-1985 model year Honda Preludes must be shut off for not more than ten seconds and restarted. The probe may be removed from the tailpipe or the sample pump turned off if necessary to reduce analyzer fouling during the restart procedure. This procedure may also be used for 1988-1989 model year Ford Motor Company vehicles but may not be used for other vehicles.
(2) The mode timer starts (mt=0) when the vehicle engine speed is between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls below 350 rpm the mode timer resets to zero and resumes timing. The minimum second-chance idle mode length is determined as described in paragraph (d)(3) of this section. The maximum second-
(3) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the second-chance idle mode is terminated in accordance with paragraphs (d)(3) (i) through (iv) of this section.
(i) The vehicle passes the second-chance idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), any measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(ii) The vehicle passes the second-chance idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (d)(3)(i) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(iii) The vehicle passes the second-chance idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(iv) The vehicle fails the second-chance idle mode and the test is terminated if none of the provisions of paragraphs (d)(3) (i), (ii), and (iii) of this section is satisfied by an elapsed time of 90 seconds (mt=90).
(a)(1)
(2)
(ii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic decentralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1993.
(iii) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through June 30, 1994.
(iv) In a state for which the Administrator has approved a State Implementation Plan revision providing for the implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the test procedure described in this section may be used to establish Emissions Performance Warranty eligibility through December 31, 1995.
(b)
(c)
(2) The vehicle shall be placed on the dynamometer.
(3) The sample probe shall be inserted into the tailpipe.
(4)
(5) Drive for automatic or 3rd gear for manual transmissions shall be used. The vehicle shall be operated at 30 ±1
(6) The vehicle must be idled with transmission in neutral. Record exhaust concentrations after stabilized readings are obtained or at the end of 30 seconds, whichever occurs first. Repeat as specified in paragraph (c)(5) of this section for multiple exhaust pipes, if necessary.
(7) For vehicles with multiple exhaust pipes, the separate results from each pipe for each mode (as specified in paragraphs (c)(5) and (6) of this section) must be numerically averaged for each pollutant, unless hardware which is capable of simultaneously sampling multiple tailpipe vehicles has been used.
(d) Exhaust concentration measurements from both the loaded mode and the idle mode are not required. The short test may be used to evaluate emissions from either mode alone or from both modes, the choice being made by the jurisdiction implementing the inspection program. If exhaust concentrations are not measured on the loaded mode the vehicle shall be operated at the specified test condition for 15 to 30 seconds. If idle exhaust concentrations are not measured, the idle mode may be omitted.
(a)
(2)
(3)
(4)
(5) The test is immediately terminated upon reaching the overall maximum test time.
(b)
(2) The test sequence begins only after the requirements described in paragraphs (b)(2) (i) through (v) of this section are met.
(i) The dynamometer must be warmed up, in stabilized operating condition, adjusted, and calibrated in accordance with the procedures of § 85.2233. Prior to each test, variable-curve dynamometers must be checked for proper setting of the road-load indicator or road-load controller.
(ii) The vehicle is tested in as-received condition with all accessories turned off. The engine must be at normal operating temperature (as indicated by a temperature gauge, temperature lamp, touch test on the radiator hose, or other visual observation indicating that overheating has not occurred).
(iii) The vehicle must be operated during each mode of the test with the gear selector in the position described
(A) In drive for automatic transmissions and in second (or third if more appropriate) for manual transmissions for the loaded mode.
(B) In park or neutral for the idle mode.
(iv) The sample probe is inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension must be used.
(v) The measured concentration of CO plus CO
(c)
(1)
(ii) The mode timer starts (mt=0) when the dynamometer speed is within the limits specified for the vehicle engine size according to the following schedule. If the dynamometer speed falls outside the limits for more than five seconds in one excursion, or 15 seconds over all excursions, the mode timer resets to zero and resumes timing. The minimum mode length is determined as described in paragraph (c)(1)(iii)(A) of this section. The maximum mode length is 90 seconds elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (c)(1)(iii)(A) through (C) of this section.
(A) The vehicle passes the loaded mode and the mode is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), measured values are less than or equal to the applicable short test standard described in paragraph (a)(2) of this section.
(B) The vehicle fails the loaded mode and the mode is terminated if paragraph (c)(1)(iii)(A) of this section is not satisfied by an elapsed time of 90 seconds (mt=90).
(C)
(2)
(ii) The mode timer starts (mt=0) 5 seconds after the dynamometer speed has reached zero. The minimum idle mode length is determined as described in paragraph (c)(2)(iii) of this section. The maximum idle mode length is 90 seconds elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is
(A) The vehicle passes the idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (c)(2)(iii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), measured values are less than or equal to the applicable short test standards described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the test terminates if none of the provisions of paragraphs (c)(2)(iii) (A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90).
(a)
(2)
(3)
(4)
(5) The test is immediately terminated upon reaching the overall maximum test time.
(b)
(i) The first-chance test, as described under paragraph (c) of this section, consists of a preconditioning mode followed by an idle mode.
(ii) The second-chance test as described under paragraph (d) of this section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements described in paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the transmission in neutral or park and all accessories turned off. The engine must be at normal operating temperature (as indicated by a temperature gauge, temperature lamp, touch test on the radiator hose, or other visual observation indicating that overheating has not occurred).
(ii) For all pre-1996 model year vehicles, a tachometer shall be attached to the vehicle in accordance with the analyzer manufacturer's instructions. For 1996 and newer model year vehicles the OBD data link connector will be used to monitor RPM. In the event that an OBD data link connector is not available or that an RPM signal is not available over the data link connector, a tachometer shall be used instead.
(iii) The sample probe is inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this
(iv) The measured concentration of CO plus CO
(c)
(1)
(2)
(ii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode terminates as described in paragraphs (c)(2)(ii) (A) through (E) of this section.
(A) The vehicle passes the idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test terminates at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (c)(2)(ii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the test terminates if none of the provisions of paragraphs (c)(2)(ii) (A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90). Alternatively, the vehicle may be failed if the provisions of paragraphs (c)(2) (i) and (ii) of this section are not met within an elapsed time of 30 seconds.
(E)
(d)
(1)
(2)
(ii) The mode timer starts (mt=0) when the vehicle engine speed is between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls below 350 rpm, the mode timer resets to zero
(iii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (d)(2)(iii) (A) through (D) of this section.
(A) The vehicle passes the idle mode and the test immediately terminates if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (d)(2)(iii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), measured values are less than or equal to the applicable short test standards described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the test is terminated if none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90).
(a)
(2)
(3)
(4)
(5) The test is immediately terminated upon reaching the overall maximum test time.
(b)
(i) The first-chance test, as described under paragraph (c) of this section, consists of an idle mode.
(ii) The second-chance test as described under paragraph (d) of this section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements described in paragraphs (b)(2) (i) through (v) of this section are met.
(i) The dynamometer must be warmed up, in stabilized operating condition, adjusted, and calibrated in accordance with the procedures of § 85.2233. Prior to each test, variable-curve dynamometers must be checked for proper setting of the road-load indicator or road-load controller.
(ii) The vehicle is tested in as-received condition with all accessories turned off. The engine must be at normal operating temperature (as indicated by a temperature gauge, temperature lamp, touch test on the radiator hose, or other visual observation
(iii) The vehicle must be operated during each mode of the test with the gear selector in the position described in paragraphs (b)(2)(iii) (A) and (B) of this section.
(A) In drive for automatic transmissions and in second (or third if more appropriate) for manual transmissions for the loaded preconditioning mode.
(B) In park or neutral for the idle mode.
(iv) The sample probe is inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension must be used.
(v) The measured concentration of CO plus CO
(c)
(1) The minimum mode length is determined as described in paragraph (c)(2) of this section. The maximum mode length is 90 seconds elapsed time (mt=90).
(2) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode terminates in accordance with paragraphs (c)(2) (i) through (v) of this section.
(i) The vehicle passes the idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(ii) The vehicle passes the idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (c)(2)(i) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(iii) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(iv) The vehicle fails the idle mode and the test is terminated if none of the provisions of paragraphs (c)(2)(i), (ii), and (iii) of this section is satisfied by an elapsed time of 90 seconds (mt=90). Alternatively, the vehicle may be failed if the provisions of paragraphs (c)(2)(i) and (ii) of this section are not met within an elapsed time of 30 seconds.
(v)
(d)
(1)
(2)
(ii) The mode timer starts (mt=0) 5 seconds after the dynamometer speed has reached zero. The minimum idle mode length is determined as described in paragraph (d)(2)(iii) of this section. The maximum idle mode length is 90 seconds elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (d)(2)(iii) (A) through (D) of this section.
(A) The vehicle passes the idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (d)(2)(ii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), measured values are less than or equal to the applicable short test standards described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the test is terminated if none of the provisions of paragraphs (d)(2)(ii)(A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90).
(a)
(2)
(3)
(4)
(5) The test is immediately terminated upon reaching the overall maximum test time.
(b)
(i) The first-chance test, as described under paragraph (c) of this section, consists of a first-chance high-speed mode followed immediately by a first-chance idle mode.
(ii) The second-chance test as described under paragraph (d) of this section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements described in paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the transmission in neutral or park and all accessories
(ii) For all pre-1996 model year vehicles, a tachometer shall be attached to the vehicle in accordance with the analyzer manufacturer's instructions. For 1996 and newer model year vehicles the OBD data link connector will be used to monitor RPM. In the event that an OBD data link connector is not available or that an RPM signal is not available over the data link connector, a tachometer shall be used instead.
(iii) The sample probe is inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension must be used.
(iv) The measured concentration of CO plus CO2 must be greater than or equal to six percent.
(c)
(1)
(ii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (c)(1)(ii)(A) through (C) of this section.
(A) The vehicle passes the high-speed mode and the mode is terminated at an elapsed time of 90 seconds (mt=90) if any measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(B) The vehicle fails the high-speed mode and the mode is terminated if the requirements of paragraph (c)(1)(ii)(A) of this section are not satisfied by an elapsed time of 90 seconds (mt=90).
(C)
(2)
(ii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (c)(2)(ii) (A) through (D) of this section.
(A) The vehicle passes the idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (c)(2)(ii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), the measured values are less than or equal to the applicable short test standards as determined by
(D) The vehicle fails the idle mode and the test is terminated if none of the provisions of paragraphs (c)(2)(ii) (A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90). Alternatively, the vehicle may be failed if the provisions of paragraphs (c)(2) (i) and (ii) of this section are not met within the elapsed time of 30 seconds.
(d)
(i) If the vehicle failed only the first-chance high-speed mode, the second-chance test consists of a second-chance high-speed mode as described in paragraph (d)(2) of this section. The overall maximum test time is 280 seconds (tt=280).
(ii) If the vehicle failed only the first-chance idle mode, the second-chance test consists of a second-chance pre-conditioning mode followed immediately by a second-chance idle mode as described in paragraphs (d) (3) and (4) of this section. The overall maximum test time is 425 seconds (tt=425).
(iii) If both the first-chance high-speed mode and first-chance idle mode were failed, the second-chance test consists of the second-chance high-speed mode followed immediately by the second-chance idle mode as described in paragraphs (d) (2) and (4) of this section. However, if during this second-chance procedure, the vehicle fails the second-chance high-speed mode, then the second-chance idle mode may be eliminated. The overall maximum test time is 425 seconds (tt=425).
(2)
(ii) The mode timer resets (mt=0) when the vehicle engine speed is between 2200 and 2800 rpm. If the engine speed falls below 2200 rpm or exceeds 2800 rpm for more than two seconds in one excursion, or more than six seconds over all excursions within 30 seconds of the final measured value used in the pass/fail determination, the measured value is invalidated and the mode continued. The minimum second-chance high-speed mode length is determined as described in paragraphs (d)(2) (iii) and (iv) of this section. If any excursion lasts for more than ten seconds, the mode timer resets to zero (mt=0) and timing resumes. The maximum second-chance high-speed mode length is 180 seconds elapsed time (mt=180).
(iii) In the case where the second-chance high-speed mode is not followed by the second-chance idle mode, the pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (d)(2)(iii) (A) through (D) of this section.
(A) The vehicle passes the high-speed mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the high-speed mode and the test is terminated if at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (d)(2)(iii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the high-speed mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and
(D) The vehicle fails the high-speed mode and the test is terminated if none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of this section is satisfied by an elapsed time of 180 seconds (mt=180).
(iv) In the case where the second-chance high-speed mode is followed by the second-chance idle mode, the pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (d)(2)(iv)(A) and (B) of this section.
(A) The vehicle passes the high-speed mode and the mode is terminated at the end of an elapsed time of 180 seconds (mt=180) if any measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(B) The vehicle fails the high-speed mode and the mode is terminated if paragraph (d)(2)(iv)(A) of this section is not satisfied by an elapsed time of 180 seconds (mt=180).
(3)
(4)
(ii) The mode timer starts (mt=0) when the vehicle engine speed is between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls below 350 rpm the mode timer resets to zero and resumes timing. The minimum second-chance idle mode length is determined as described in paragraph (d)(4)(iii) of this section. The maximum second-chance idle mode length is 90 seconds elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten seconds (mt=10). A pass or fail determination is made for the vehicle and the mode is terminated in accordance with paragraphs (d)(4)(iii) (A) through (D) of this section.
(A) The vehicle passes the second-chance idle mode and the test is immediately terminated if, prior to an elapsed time of 30 seconds (mt=30), measured values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the second-chance idle mode and the test is terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the criteria of paragraph (d)(4)(iii)(A) of this section are not satisfied, and the measured values are less than or equal to the applicable short test standards as determined by the procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the second-chance idle mode and the test is immediately terminated if, at any point between an elapsed time of 30 seconds (mt=30) and 90 seconds (mt=90), measured values are less than or equal to the applicable short test standards described in paragraph (a)(2) of this section.
(D) The vehicle fails the second-chance idle mode and the test is terminated if none of the provisions of paragraphs (d)(4)(iii) (A), (B), and (C) of this section is satisfied by an elapsed time of 90 seconds (mt=90).
The test sequence for the inspection of on-board diagnostic systems on 1996
(a) The on-board diagnostic inspection shall be conducted with the key-on/engine running (KOER), with the exception of inspecting for MIL illumination as required in paragraph (d)(4) of this section, during which the inspection shall be conducted with the key-on/engine off (KOEO).
(b) The inspector shall locate the vehicle connector and plug the test system into the connector.
(c) The test system shall send a Mode $01, PID $01 request in accordance with SAE J1979 to determine the evaluation status of the vehicle's on-board diagnostic system. The test system shall determine what monitors are supported by the on-board diagnostic system, and the readiness evaluation for applicable monitors in accordance with SAE J1979. The procedure shall be done in accordance with SAE J1979 “E/E Diagnostic Test Modes,” (DEC91). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of SAE J1979 may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket No. A-94-21 at EPA's Air Docket (LE-131), Room 1500 M, 1st Floor, Waterside Mall, 401 M Street SW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(1) Coincident with the beginning of mandatory testing, repair, and retesting based upon the OBD-I/M check, if the readiness evaluation indicates that any on-board tests are not complete the customer shall be instructed to return after the vehicle has been run under conditions that allow completion of all applicable on-board tests. If the readiness evaluation again indicates that any on-board test is not complete the vehicle shall be failed.
(2) An exception to paragraph (c)(1) of this section is allowed for MY 1996 to MY 2000 vehicles, inclusive, with two or fewer unset readiness monitors, and for MY 2001 and newer vehicles with no more than one unset readiness monitor. Vehicles from those model years which would otherwise pass the OBD inspection, but for the unset readiness code(s) in question may be issued a passing certificate without being required to operate the vehicle in such a way as to activate those particular monitors. Vehicles from those model years with unset readiness codes which also have diagnostic trouble codes (DTCs) stored resulting in a lit malfunction indicator light (MIL) must be failed, though setting the unset readiness flags in question shall not be a prerequisite for passing the retest.
(d) The test system shall evaluate the malfunction indicator light status bit and record status information in the vehicle test record.
(1) If the malfunction indicator status bit indicates that the malfunction indicator light (MIL) has been commanded to be illuminated the test system shall send a Mode $03 request to determine the stored diagnostic trouble codes (DTCs). The system shall repeat this cycle until the number of codes reported equals the number expected based on the Mode 1 response. All DTCs resulting in MIL illumination shall be recorded in the vehicle test record and the vehicle shall fail the on-board diagnostic inspection.
(2) If the malfunction indicator light bit is not commanded to be illuminated the vehicle shall pass the on-board diagnostic inspection, even if DTCs are present.
(3) If the malfunction indicator light bit is commanded to be illuminated, the inspector shall visually inspect the malfunction indicator light to determine if it is illuminated. If the malfunction indicator light is commanded to be illuminated but is not, the vehicle shall fail the on-board diagnostic inspection.
(4) If the malfunction indicator light (MIL) does not illuminate at all when the vehicle is in the key-on/engine-off (KOEO) condition, the vehicle shall fail the on-board diagnostic inspection,
(a) Motorists whose vehicles fail the on-board diagnostic test described in § 85.2222 shall be provided with the on-board diagnostic test results, including the codes retrieved, the name of the component or system associated with each fault code, the status of the MIL illumination command, and the customer alert statement as stated in paragraph (c) of this section.
(b) [Reserved]
(c) In addition to any codes which were retrieved, the test report shall include the following language:
Your vehicle's computerized self-diagnostic system (OBD) registered the fault(s) listed below. This fault(s) is probably an indication of a malfunction of an emission component. However, multiple and/or seemingly unrelated faults may be an indication of an emission-related problem that occurred previously but upon further evaluation by the OBD system was determined to be only temporary. Therefore, proper diagnosis by a qualified technician is required to positively identify the source of any emission-related problem.
(a) Applicability. The requirements of this subsection apply to short tests conducted under Emissions Performance Warranty through December 31, 1993. The requirements of § 85.2225 apply concurrently until December 31, 1993, after which the requirements of § 85.2225 are solely in effect. The following exceptions apply: In a state where the Administrator has approved a SIP revision providing for implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the requirements of this section are concurrently in effect until June 30, 1994 for 1995 and earlier model year vehicles or engines; in a state where the Administrator has approved a SIP revision providing for implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the requirements of this section are concurrently in effect until December 31, 1995 for 1995 and earlier model year vehicles or engines.
(b)
(2)
(c)
(2)
(3)
(a)
(b)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(c)
(2)
(i) HC 1 ppm HC as hexane.
(ii) CO 0.01% CO.
(iii) CO2 0.1% CO
(iv) NO 1 ppm NO.
(v) RPM 1 rpm.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(d)
(a)
(b) The loaded test dynamometer shall be adjusted to produce a load of 9.0 ±1.0 hp at 30 mph.
(c) Speed shall be measured from the dynamometer roll(s) with an accuracy of ±1.5 mph at 30 mph true roll speed.
(a)
(b) The chassis dynamometer for steady state short tests must provide the capabilities described in paragraphs (b) (1) through (7) of this section.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c) The dynamometer must produce the load speed relationships specified in §§ 85.2217 and 85.2219.
(a) The test system interface to the vehicle shall include a plug that conforms to SAE J1962 “Diagnostic Connector.” The procedure shall be done in accordance with SAE J1962 “Diagnostic Connector” (JUN92). This incorporation of reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552 (a) and 1
(b) The test system shall be capable of communicating with the standard data link connector of vehicles with certified OBD systems.
(c) The test system shall be capable of checking for the monitors supported by the on-board diagnostic system and the evaluation status of supported monitors (test complete/test not complete) in Mode $01 PID $01, as well as be able to request the diagnostic trouble codes, as specified in SAE J1979. In addition, the system shall have the capability to include bi-directional communication for control of the evaporative canister vent solenoid. SAE J1979 is incorporated by reference and approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of all the SAE documents cited above may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket No. A-94-21 at EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 1200 Pennsylvania Ave., NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(d) [Reserved]
(a)
(b) Equipment shall be calibrated in accordance with the manufacturers' instructions.
(c)
(d)
(e)
(2)
(3)
(i) For analyzers
(ii) For analyzers
(iii) Perform a zero adjustment and a flowing span gas adjustment. Iterate between span and zero, as necessary, to obtain stable readings within the gas span check specifications.
(iv) Check the electrical span
(v) Following this procedure, if the gas span value cannot be held within the 2% tolerance (or .05% CO and 6 ppm HC) while also meeting the electrical span criteria, then the analysis system and calibration bottle shall be removed from service until the problem is resolved and the adjustment tolerance met.
(vi) Automatic analyzers that perform either a substantially similar adjustment procedure or mathematical correction procedure are considered to meet this adjustment procedure.
(4)
(i) Between the standards specified in this subpart and the jurisdiction's inspection standards for the 1981 model year light duty vehicles, or
(ii) Within −50% to +100% of the standards in this subpart.
(f)
(1)
(2)
(a)
(b) Equipment must be calibrated in accordance with the manufacturers' instructions.
(c)
(2)
(3)
(d)
(e)
(2)
(i)(A) 300 ppm and 1200 ppm propane (HC).
(B) 1.0% and 4.0% carbon monoxide (CO).
(C) 6.0% and 12.0% carbon dioxide (CO
(D) (if equipped for nitric oxide) 1000 ppm and 3000 ppm nitric oxide (NO).
(ii)(A) 0 ppm and 600 ppm propane (HC).
(B) 0.0% and 1.6% carbon monoxide (CO).
(C) 0.0% and 11.0% carbon dioxide (CO
(D) (if equipped for nitric oxide) 0 ppm and 1200 ppm nitric oxide (NO).
(3)
(f)
(2)
(g)
(1)
(ii) In high-volume stations, monthly multi-point calibrations are performed. Low-volume stations must perform multi-point calibrations every six months. The calibration curve is checked at 20 percent, 40 percent, 60 percent, and 80 percent of full scale, and must be adjusted or repaired if the specifications in § 85.2225(c)(1) are not met.
(2)
(a)
(b) Upon failure of a short test, the vehicle's operator or owner shall be furnished with a test report containing:
(1) Vehicle description, including either license plate or manufacturer identification number, and odometer readings.
(2) Date of test.
(3) Name of individual or organization performing the test and location thereof.
(4) Type of short test performed.
(5) Test results, exhaust concentrations for each mode measured.
(c) The test report shall certify that the short test was performed in accordance with these regulations and it shall be signed by an individual who either performed the test or has actual knowledge of the performance of the test.
(d) For purposes of this section, “failure of a short test” means that the vehicle exceeded the standards in this subpart or the Inspection/Maintenance standards of the jurisdiction, whichever is less stringent.
(a)
(b) Upon failure of a short test, the vehicle's owner or operator must be furnished with a test report containing the information listed in paragraphs (b)(1) through (7) of this section.
(1) Vehicle description, including license plate number, vehicle identification number, weight class, and odometer reading.
(2) Date and time of test.
(3) Name or identification number of the individual performing the test and the location of the test station and lane.
(4) Type of emission test performed.
(5) Applicable emission test standards.
(6) Test results, including exhaust concentrations for each mode measured.
(i) The reported exhaust concentrations are that pair of passing exhaust concentrations or, if none are obtained, that pair of failing exhaust concentrations, for which the product of HC+(151*CO) is a minimum.
(ii) If a second-chance test is conducted the reported exhaust concentrations are those obtained from the second-chance test.
(7) A statement indicating the availability of warranty coverage as provided in section 207 of the Clean Air Act (42 U.S.C. 7541).
(c) The test report must certify that the short test was performed in accordance with these regulations and, in the case of service station based programs, it must be signed by the individual who performed the test.
The definitions provided by this subpart are effective February 23, 1995 and apply to all light-duty motor vehicles and trucks, heavy-duty motor vehicles and heavy-duty engines used in motor vehicles, and on-highway motorcycles as such vehicles and engines are regulated under section 177 and Title II part A of the Clean Air Act.
Model year means the manufacturer's annual production period (as determined under § 85.2304) 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.
A specific model year must always include January 1 of the calendar year for which it is designated and may not include a January 1 of any other calendar year. Thus, the maximum duration of a model year is one calendar year plus 364 days.
(a) The “annual production period” for all models within an engine family of light-duty motor vehicles, heavy-duty motor vehicles and engines, and on-highway motorcycles begins either: when any vehicle or engine within the engine family is first produced; or on January 2 of the calendar year preceding the year for which the model year is designated, whichever date is later. The annual production period ends either: When the last such vehicle or engine is produced; or on December 31 of the calendar year for which the model year is named, whichever date is sooner.
(b) The date when a vehicle or engine is first produced is the “Job 1 date,” which is defined as that calendar date on which a manufacturer completes all manufacturing and assembling processes necessary to produce the first saleable unit of the designated model which is in all material respects the same as the vehicle or engine described in the manufacturer's application for certification. The “Job 1 date” may be a date earlier in time than the date on which the certificate of conformity is issued.
(a) Except as provided in paragraph (b) of this section, a certificate of conformity is deemed to be effective and cover the vehicles or engines named in such certificate and produced during the annual production period, as defined in § 85.2304.
(b) Section 203 of the Clean Air Act prohibits the sale, offering for sale, delivery for introduction into commerce, and introduction into commerce, of any new vehicle or engine not covered by a certificate of conformity unless it is an imported vehicle exempted by the Administrator or otherwise authorized jointly by EPA and U.S. Customs Service regulations. However, the Act does not prohibit the production of vehicles or engines without a certificate of conformity. Vehicles or engines produced prior to the effective date of a certificate of conformity, as defined in paragraph (a) of this section, may also be covered by the certificate if the following conditions are met:
(1) The vehicles or engines conform in all material respects to the vehicles or engines described in the application for the certificate of conformity:
(2) The vehicles or engines are not sold, offered for sale, introduced into
(3) The Agency is notified prior to the beginning of production when such production will start, and the Agency is provided full opportunity to inspect and/or test the vehicles during and after their production; for example, the Agency must have the opportunity to conduct selective enforcement auditing production line testing as if the vehicles had been produced after the effective date of the certificate.
(c) New vehicles or engines imported by an original equipment manufacturer after December 31 of the calendar year for which the model year was named are still covered by the certificate of conformity as long as the production of the vehicle or engine was completed before December 31 of that year. This paragraph does not apply to vehicles that may be covered by certificates held by independent commercial importers unless specifically approved by EPA.
(d) Vehicles or engines produced after December 31 of the calendar year for which the model year is named are not covered by the certificate of conformity for that model year. A new certificate of conformity demonstrating compliance with currently applicable standards must be obtained for these vehicles or engines even if they are identical to vehicles or engines built before December 31.
(e) The extended coverage period described here for a certificate of conformity (i.e., up to one year plus 364 days) is primarily intended to allow flexibility in the introduction of new models. Under no circumstances should it be interpreted that existing models may “skip” yearly certification by pulling ahead the production of every other model year.
(a) This subpart prescribes fees manufacturers must pay for the motor vehicle and engine compliance program (MVECP) activities performed by the EPA. The prescribed fees and the provisions of this subpart apply to manufacturers of:
(1) Light-duty vehicles (cars and trucks) (
(2) Medium Duty Passenger Vehicles (
(3) Complete gasoline-fueled highway heavy-duty vehicles (
(4) Heavy-duty highway diesel and gasoline engines (
(5) On-highway motorcycles (
(6) Nonroad compression-ignition engines (See 40 CFR parts 89 and 1039);
(7) Locomotives (
(8) Marine engines, excluding inboard & sterndrive engines (
(9) Small nonroad spark-ignition engines (engines ≤ 19kW) (
(10) Recreational vehicles (including, but not limited to, snowmobiles, all-terrain vehicles and off-highway motorcycles) (
(11) Heavy-duty highway gasoline vehicles (evaporative emissions certification only) (See 40 CFR part 86);
(12) Large nonroad spark-ignition engines (engines >19 KW) (See 40 CFR part 1048); and
(13) Stationary internal combustion engines (See 40 CFR part 60, subpart IIII).
(b) This subpart applies to manufacturers that submit certification requests received by the agency on or after July 12, 2004.
(c) Certification requests which are complete, contain all required data, and are received prior to July 12, 2004 are subject to the provisions of 40 CFR part 86, subpart J.
(d) Nothing in this subpart will be construed to limit the Administrator's authority to require manufacturer or confirmatory testing as provided in the Clean Air Act, including authority to require manufacturer in-use testing as
(a) The following definitions apply to this subpart:
(b) The definitions contained in the following parts also apply to this subpart. If the term is defined in paragraph (a) of this section then that definition will take precedence.
(1) 40 CFR part 85;
(2) 40 CFR part 86;
(3) 40 CFR part 89;
(4) 40 CFR part 90;
(5) 40 CFR part 91;
(6) 40 CFR part 92;
(7) 40 CFR part 94;
(8) 40 CFR part 1039;
(9) 40 CFR part 1048;
(10) 40 CFR part 1051; and
(11) 40 CFR part 60, subpart IIII.
The abbreviations in this section apply to this subpart and have the following meanings:
(a)
(1) A manufacturer that requests a federal certificate for a marine engine family and an Annex VI for the same engine family will be charged the fee indicated in paragraph (a) of this section, Table item 14, for only the federal certificate.
(2) [Reserved]
(b)
(2) Certification requests which are complete, contain all required data, and are received prior to January 1 of each calendar year are subject to the fees provisions of the year that they are received by the Agency.
(3) Fees for the 2006 and later calendar year certification requests will be calculated using the following equation:
(i) The values for F and L are listed in the following table:
(ii) EPA will notify manufacturers within 11 months of the calendar year in which fees are adjusted by this section, with the new fees for each category, the number of certificates for the appropriate model years and the applicable CPI values after the November CPI values for each year are made available by the U.S. Department of Labor.
(1) Certificate fees for light-duty California-only certificates will be determined by applying the LD Cert/FE F and L values to the Certificate Fee equation in paragraph (b)(3) of this section. The certificate numbers in the equation will be the total of the number of California-only and federal light-duty certificates issued during the appropriate model years.
(2) Certificate fees for light-duty federal certificates are determined in a 3 part process:
(i) Apply the LD Cert/FE F and L values to the Certificate Fee equation in paragraph (b)(3) of this section. The certificate numbers in the equation will be the total of the number of California-only and federal light-duty certificates issued during the appropriate model years. This results in the Cert/FE portion of the LD certificate fee.
(ii) Apply the LD In-use F and L values to the Certificate Fee equation in paragraph (b)(3) of this section. The certificate numbers in the equation will be the number of federal light-duty certificates issued during the appropriate model years. This results in the In-use portion of the LD certificate fee.
(iii) Add the LD Cert/FE portion of the fee and LD In-use portion of the fee together to determine the total LD federal fee per certificate.
(3) Certificate fees for all remaining categories of certificates are determined by applying the F and L values from the appropriate category to the Certificate Fee equation above. The certificate numbers in the equation will be the total number of certificates issued in that category during the appropriate model years.
(c) A single fee will be charged when a manufacturer seeks to certify multiple evaporative families within a single engine family or test group. Manufacturers that seek to certify HDE evaporative families will be charged a fee for each evaporative family.
(d) A body builder, who exceeds the maximum fuel tank size for a HDV that has been certified by an OEM and consequently makes a request for HDV certification, must pay a separate fee for each certification request. The fee will be that listed in paragraphs (a) and (b) of this section, paragraph (c) does not apply.
(e) Fees for stationary CI internal combustion engine certificate requests shall be calculated in the same manner as for NR CI certificate requests for engines with a displacement less than 10 liters per cylinder, and in the same manner as for marine engine certificate requests for engines with a displacement greater than or equal to 10 liters per cylinder. Fees for certificate requests where the certificate would apply to stationary and mobile engines shall be calculated in the same manner
(a)
(1) The certificate is to be used for sale of vehicles or engines within the United States; and
(2) The full fee for a certification request for a MY exceeds 1.0% of the aggregate projected retail sales price of all vehicles or engines covered by that certificate.
(b)
(2) If the number of vehicles or engines to be covered by the certificate is greater than five and/or the retail sales price of at least one of the vehicles or engines is greater than $75,000 each, a reduced fee request shall be made for a certificate covering the estimated number of vehicles or engines.
(c)
(i) 1.0% of the aggregate projected retail sales price of all the vehicles or engines to be covered by the certification request; or
(ii) A minimum initial fee payment of $750.
(2) For vehicles or engines that are converted to operate on an alternative fuel using as the basis for the conversion a vehicle or engine which is covered by an existing OEM certificate of conformity, the cost basis used in this section must be the aggregate projected retail value-added to the vehicle or engine by the conversion rather than the full cost of the vehicle or engine. To qualify for this provision, the applicable OEM certificate must cover the same sales area and model year as the requested certificate for the converted vehicle or engine.
(3) For ICI certification requests, the cost basis of this section must be the aggregate projected retail cost of the entire vehicle(s) or engine(s), not just the value added by the conversion. If the vehicles/engines covered by an ICI certificate are not being offered for sale, the manufacturer shall use the fair retail market value of the vehicles/engines as the retail sale price required in this section. For an ICI certification request, the retail sales price (or fair retail market value) must be based on the applicable National Automobile Dealer's Association (NADA) appraisal guide and/or other evidence of the actual market value.
(4) The aggregate cost used in this section must be based on the total projected sales of all vehicles and engines under a certificate, including vehicles and engines modified under the modification and test option in 40 CFR 85.1509 and 89.609. The projection of the number of vehicles or engines to be covered by the certificate and their projected retail selling price must be based on the latest information available at the time of the fee payment.
(5) A manufacturer may submit a reduced fee as described in paragraphs (a), (b) and (c)(1) through (c)(4) of this section if it is accompanied by a statement from the manufacturer that the reduced fee is appropriate under this section. The reduced fee shall be deemed approved unless EPA determines that the criteria of this section has not been met. The Agency may make such a determination either before or after EPA issues a certificate of conformity. If the Agency determines that the requirements of this section have not been met, EPA may deny future reduced fee requests and require submission of the full fee payment until such time as the manufacturer demonstrates to the satisfaction of the Administrator that its reduced fee submissions are based on accurate data and that final fee payments are made within 45 days of the end of the model year.
(6) If the reduced fee is denied by the Administrator, the applicant will have 30 days from the date of notification of the denial to submit the appropriate fee to EPA or appeal the denial.
(d)
(i) Request that EPA revise the certificate with a number that indicates the new projection of the vehicles or engines to be covered by the certificate. The revised certificate must be requested, revised and issued before the vehicles or engines are sold or imported into the United States.
(ii) Submit payment of 1.0% of the aggregate projected retail sales price of all the vehicles or engines over and above the number of vehicles or engines listed on the original certificate to be covered by the certification request;
(iii) Submit a final reduced fee calculation and adjustment at the end of the model year as set forth in the provisions of paragraph (e) of this section, if the original certificate was issued under the provisions of paragraph (b)(1) of this section.
(2) A manufacturer must receive a revised certificate prior to the sale or importation of any vehicles or engines that are not originally included in the certificate issued under paragraph (b)(1) or (b)(2) of this section, or as indicated in a revised certificate issued under paragraph (d)(1) of this section. In the event that a certificate is not timely revised such additional vehicles or engines are not covered by a certificate of conformity.
(e)
(i) The fees paid prior to the time of issuance of the certificate;
(ii) The total actual number of vehicles covered by the certificate;
(iii) The calculation of the actual final reduced fee due for each certificate; and
(iv) The difference between the total fees paid and the total final fees due from the manufacturer.
(2) The final reduced fee shall be calculated using the procedures of paragraph (c) of this section but using actual production figures rather than projections.
(3) If the initial fee payment does not exceed the final reduced fee, then the manufacturer shall pay the difference between the initial reduced fee and the final reduced fee using the provisions of § 85.2408. This payment shall be paid within 45 days of the end of the model year. The total fees paid for a certificate shall not exceed the applicable full fee of § 85.2405. If a manufacturer fails to make complete payment with 45 days or to submit the report under paragraph (e)(1) of this section then the Agency may void
(4) If the initial fee payment exceeds the final reduced fee then the manufacturer may request a refund using the procedures of § 85.2407.
(5) Manufacturers must retain in their records the basis used to calculate the projected sales and fair retail market value and the actual sales and retail price for the vehicles and engines covered by each certificate that is issued under the reduced fee provisions of this section. This information must be retained for a period of at least three years after the issuance of the certificate and must be provided to the Agency within 30 days of request. Manufacturers are also subject to the applicable maintenance of records requirements of Part 86, Subpart A. If a manufacturer fails to maintain the records or provide such records to EPA as required by this paragraph then EPA may void
(a)
(b)
(1) Partial refunds are only available for certificates which were used for the sale of vehicles or engines within the United States.
(2) Requests for a partial refund may only be made once the model year for the applicable certificate has ended. Requests for a partial refund must be submitted no later than six months after the model year has ended.
(3) Requests for a partial refund must include all the following:
(i) A statement that the applicable certificate was used for the sale of vehicles or engines within the United States.
(ii) A statement of the initial fee amount paid (the reduced fee) under the applicable certificate.
(iii) The actual number of vehicles or engines produced or imported under the certificate (whether or not the vehicles/engines have been actually sold).
(iv) The actual retail selling or asking price for the vehicles or engines produced or imported under the certificate.
(v) The calculation of the reduced fee amount using actual production figures and retail prices.
(vi) The calculated amount of the refund.
(c)
(d) In lieu of a refund, the manufacturer may apply the refund amount to the amount due on another certification request.
(e) A request for a full or partial refund of a fee or a report of an error in the fee payment or its application must be submitted in writing to: U.S. Environmental Protection Agency, Vehicle Programs and Compliance Division, Fee Program Specialist, National Vehicle and Fuel Emission Laboratory, 2000 Traverwood, Ann Arbor, MI 48105.
(a) All fees required by this subpart shall be paid by money order, bank draft, certified check, corporate check, or electronic funds transfer payable in U.S. dollars to the order of the Environmental Protection Agency.
(b) A completed fee filing form must be sent to the address designated on the form for each fee payment made.
(c) Fees must be paid prior to submission of an application for certification. The Agency will not process applications for which the appropriate fee (or reduced fee amount) has not been fully paid.
(d) If EPA denies a reduced fee, the proper fee must be submitted within 30 days after the notice of denial, unless the decision is appealed. If the appeal is denied, then the proper fee must be submitted within 30 days after the notice of the appeal denial.
(a) Any filing pursuant to this subpart that is not accompanied by a completed fee filing form and full payment of the appropriate fee is deemed to be deficient.
(b) A deficient filing will be rejected and the amount paid refunded, unless the full appropriate fee is submitted within a time limit specified by the Administrator.
(c) EPA will not process a request for certification associated with any filing that is deficient under this section.
(d) The date of filing will be deemed the date on which EPA receives the full appropriate fee and the completed fee filing form.
I. Basic Engine Parameters-Reciprocating
1. Compression ratio.
2. Cranking compression pressure.
3. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
4. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
II. Basic Engine Parameters—Rotary Engines.
1. Intake port(s).
a. Timing and overlap if exposed to the combustion chamber.
2. Exhaust port(s).
a. Timing and overlap if exposed to the combustion chamber.
3. Cranking compression pressure.
4. Compression ratio.
III. Air Inlet System.
1. Temperature control system calibration.
IV. Fuel System.
1. General.
a. Engine idle speed.
b. Engine idle mixture.
2. Carburetion.
a. Air-fuel flow calibration.
b. Transient enrichment system calibration.
c. Starting enrichment system calibration.
d. Altitude compensation system calibration.
e. Hot idle compensation system calibration.
3. Fuel injection.
a. Control parameters and calibration.
b. Fuel shutoff system calibration.
c. Starting enrichment system calibration.
d. Transient enrichment system calibration.
e. Air-fuel flow calibration.
f. Altitude compensation system calibration.
g. Operating pressure(s).
h. Injector timing calibrations.
V. Injection System.
1. Control parameters and calibration.
2. Initial timing setting.
3. Dwell setting.
4. Altitude compensation system calibration.
5. Spark plug voltage.
VI. Engine Cooling System.
1. Thermostat calibration.
VII. Exhaust Emission Control System.
1. Air injection system.
a. Control parameters and calibrations.
b. Pump flow rate.
2. EGR system.
a. Control parameters and calibrations.
b. EGR valve flow calibration.
3. Catalytic converter system.
a. Active surface area.
b. Volume of catalyst.
c. Conversion efficiency.
4. Backpressure.
VIII. Evaporative Emission Control System.
1. Control parameters and calibrations.
2. Fuel tank.
a. Pressure and vacuum relief settings.
IX. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibration.
X. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).
XI. Emission Control Related Warning Systems.
1. Control parameters and calibrations.
2. Component calibrations.
XII. Driveline Parameters.
1. Axle ratio(s).
I. Basic Engine Parameters.
1. Compression ratio.
2. Cranking compression pressure.
3. Supercharger/turbocharger calibration.
4. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
II. Air Inlet System.
1. Temperature control system calibration.
III. Fuel System.
1. General.
a. Engine idle speed.
b. Engine idle mixture.
2. Carburetion.
a. Air-fuel flow calibration.
b. Transient enrichment system calibration.
c. Starting enrichment system calibration.
d. Altitude compensation system calibration.
e. Hot idle compensation system calibration.
3. Fuel injection.
a. Control parameters and calibrations.
b. Fuel shutoff system calibration.
c. Starting enrichment system calibration.
d. Transient enrichment system calibration.
e. Air-fuel flow calibration.
f. Altitude compensation system calibration.
g. Operating pressure(s).
h. Injector timing calibration.
IV. Ignition System.
1. Control parameters and calibration.
2. Initial timing setting.
3. Dwell setting.
4. Altitude compensation system calibration.
5. Spark plug voltage.
V. Engine Cooling System.
1. Thermostat calibration.
VI. Exhaust Emission Control System.
1. Air injection system.
a. Control parameters and calibrations.
b. Pump flow rate.
2. EGR system.
a. Control parameters and calibrations.
b. EGR valve flow calibration.
3. Catalytic converter system.
a. Active surface area.
b. Volume of catalyst.
c. Conversion efficiency.
4. Backpressure.
VII. Evaporative Emission Control System.
1. Control parameters and calibrations.
2. Fuel tank.
a. Pressure and vacuum relief settings.
VIII. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibrations.
IX. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibrations.
X. Emission Control Related Warning Systems.
1. Control parameters and calibrations.
2. Component calibrations.
I. Basic Engine Parameters-Four Stroke Cycle Reciprocating Engines.
1. Compression ratio.
2. Cranking compression pressure.
3. Supercharger/turbocharger calibration.
4. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
II. Basic Engine Parameters—Two-Stroke Cycle Reciprocating Engine.
1.-5. Same as Section C.I.
6. Intake port(s).
a. Timing in combustion cycle.
7. Exhaust port(s).
a. Timing in combustion cycle.
III. Air Inlet System.
1. Temperature control system calibration.
2. Maximum allowable air inlet restriction.
IV. Fuel System.
1. Fuel injection.
a. Control parameters and calibrations.
b. Transient enrichment system calibration.
c. Air-fuel flow calibration.
d. Altitude compensation system calibration.
e. Operating pressure(s).
f. Injector timing calibration.
V. Exhaust Emission Control System.
1. Maximum allowable backpressure.
VI. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibrations.
VII. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).
42 U.S.C. 7401-7671q.
Nomenclature changes to part 86 appear at 60 FR 34377, June 30, 1995 and 69 FR 18803, Apr. 9, 2004.
(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:
(b) The following paragraphs and tables set forth the material that has been incorporated by reference in this part.
(1)
(2)
(3)
(4)
(5)
(6)
The definitions of § 86.098-2 continue to apply to 1998 and later model year vehicles. The definitions listed in this section apply beginning with the 2000 model year.
The abbreviations in § 86.098-3 continue to apply to 1998 and later model year vehicles. The abbreviations in this section apply beginning with the 2000 model year:
Section 86.000-7 includes text that specifies requirements that differ from § 86.091-7, § 86.094-7 or § 86.096-7. Where a paragraph in § 86.091-7, § 86.094-7 or § 86.096-7 is identical and applicable to § 86.000-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” or “[Reserved]. For guidance see § 86.094-7.” or “[Reserved]. For guidance see § 86.096-7.”
(a) introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7.
(a)(3) [Reserved]. For guidance see § 86.094-7.
(b)-(c)(2) [Reserved]. For guidance see § 86.091-7.
(c)(3) [Reserved]. For guidance see § 86.094-7.
(c)(4)-(d)(1)(v) [Reserved]. For guidance see § 86.091-7.
(d)(1)(vi)-(d)(2)(iv) [Reserved]. For guidance see § 86.094-7.
(d)(3)-(g) [Reserved]. For guidance see § 86.091-7.
(h)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any model year 2000 through 2002 light-duty vehicle or light light-duty truck or model year 2002 through 2004 heavy light-duty truck that is certified shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle:
(i) EPA engine family;
(ii) Vehicle identification number;
(iii) Model year and production date;
(iv) Shipment date;
(v) Purchaser; and
(vi) Purchase contract.
(h)(2)-(h)(5) [Reserved]. For guidance see § 86.094-7.
(h)(6) Voiding a certificate. (i) EPA may void ab initio a certificate for a vehicle certified to Tier 1 certification
(h)(6)(ii)-(h)(7)(vi) [Reserved]. For guidance see § 86.096-7.
(h)(7)(vii) EPA evaporative/refueling family.
Section 86.000-8 includes text that specifies requirements that differ from § 86.096-8 or § 86.099-8. Where a paragraph in § 86.096-8 or § 86.099-8 is identical and applicable to § 86.000-8, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-8.” or “[Reserved]. For guidance see § 86.099-8.”
(a)(1) introductory text through (a)(1)(ii)(B) [Reserved]. For guidance see § 86.096-8.
(a)(1)(iii)-(b)(4) [Reserved]. For guidance see § 86.099-8.
(b)(5) [Reserved]. For guidance see § 86.096-8.
(b)(6) [Reserved]. For guidance see § 86.099-8.
(c) [Reserved]. For guidance see § 86.096-8.
(d) [Reserved]. For guidance see § 86.099-8.
(e) SFTP 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 §§ 86.096-8 (a)(1) introductory text through (a)(1)(ii)(B) and 86.099-8 (a)(1)(iii)-(a)(3):
(i) A minimum of the percentage shown in table A00-1 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable SFTP standards in table A00-2 when tested under the procedures in subpart B of this part indicated for 2000 and later model year light-duty vehicles.
(ii) Optionally, a minimum of the percentage shown in table A00-1 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable SFTP standards. Under this option, the light-duty vehicles shall not exceed the applicable SFTP standards in table A00-2, and the light light-duty trucks shall not exceed
(iii) Sales percentages for the purposes of determining compliance with this paragraph (e)(1) shall be based on total actual U.S. sales of light-duty vehicles of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of paragraph (e)(1)(ii) of this section is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(iv) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A00-1. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.
(2) These SFTP standards do not apply to vehicles certified on alternative fuels, but the standards do apply to the gasoline and diesel fuel operation of flexible fuel vehicles and dual fuel vehicles.
(3) These SFTP standards do not apply to vehicles tested at high altitude.
(4) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine or emissions control hardware.
(5) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§ 86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test elements as set forth in subpart B of this part for families which are designated as SFTP compliant under the implementation schedule in table A00-1.
(6) Small volume manufacturers, as defined in § 86.094-14(b)(1) and (2), are exempt from the requirements of this paragraph (e) until model year 2002, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in § 86.094-14(b)(5).
(7) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.
(8) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.
(9) Compliance with composite standards shall be demonstrated using the calculations set forth in § 86.164-00.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.096-8.
Section 86.000-9 includes text that specifies requirements that differ from § 86.097-9 or § 86.099-9. Where a paragraph in § 86.097-9 or § 86.099-9 is identical and applicable to § 86.000-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.097-9.” or “[Reserved]. For guidance see § 86.099-9.”
(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see § 86.097-9.
(a)(1)(iv)-(b)(4) [Reserved]. For guidance see § 86.099-9.
(b)(5) [Reserved]
(c) [Reserved]. For guidance see § 86.097-9.
(d) [Reserved]
(e)
(A) A minimum of the percentage shown in table A00-3 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable SFTP standards in table A00-4 when tested under the procedures in subpart B of this part indicated for 2000 and later model year light light-duty trucks.
(B) Optionally, a minimum of the percentage shown in table A00-3 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable SFTP standards. Under this option, the light-duty vehicles shall not exceed the applicable SFTP standards in table A00-2 of § 86.000-8, and the light light-duty trucks shall not exceed the applicable SFTP standards in table A00-4.
(C) Sales percentages for the purposes of determining compliance with paragraph (e)(1)(i)(A) of this section shall be based on total actual U.S. sales of light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of § 86.097-9(a)(1)(i)(B) is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(D) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A000-3. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.
(ii) These SFTP standards do not apply to light light-duty trucks certified on alternative fuels, but the standards do apply to the gasoline and diesel fuel operation of flexible fuel vehicles and dual fuel vehicles.
(iii) These SFTP standards do not apply to light light-duty trucks tested at high altitude.
(iv) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine or emissions control hardware.
(v) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§ 86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test elements as set forth in subpart B of this part for engine families which are designated as SFTP compliant under the implementation schedule in table A00-3.
(vi) Small volume manufacturers, as defined in § 86.094-14(b) (1) and (2), are exempt from the requirements of this paragraph (e) until model year 2002, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in § 86.094-14(b)(5).
(vii) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which engine families will be used to attain the required implementation schedule sales percentages for certification purposes.
(viii) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same engine families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.
(ix) Compliance with composite standards shall be demonstrated using the calculations set forth in § 86.164-00.
(2) Heavy light-duty trucks. (i) Exhaust emissions from 2002 and later model year heavy light-duty trucks shall meet the SFTP standards of table A00-6 (defined by useful life, fuel type, truck type, adjusted loaded vehicle weight (ALVW), and test type) according to the implementation schedule in table A00-5. The standards set forth in table A00-6 refer to exhaust emissions emitted over the Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of this part and collected and calculated in accordance with those procedures. Compliance with these standards are an additional requirement to the required compliance with Tier 1 standards as defined in §§ 86.097-9(a)(1) introductory text through (a)(1)(iii) and 86.099-9(a)(1)(iv)-(a)(3):
(A) A minimum of the percentage shown in table A00-5 of a manufacturer's sales of the applicable model year's heavy light-duty trucks shall not exceed the applicable SFTP standards in table A00-6 when tested under the procedures in subpart B of this part indicated for 2002 and later model year heavy light-duty trucks.
(B) Sales percentages for the purposes of determining compliance with paragraph (e)(1)(ii)(A) of this section shall be based on total actual U.S. sales of heavy light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(C) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A00-5. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.
(ii) These SFTP standards do not apply to heavy light-duty trucks certified on alternative fuels, but the standards do apply to the gasoline fuel operation of flexible fuel vehicles and dual fuel vehicles.
(iii) These SFTP standards do not apply to heavy light-duty trucks tested at high altitude.
(iv) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine of emissions control hardware.
(v) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§ 86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test elements for families which are designated as SFTP compliant under the implementation schedule in table A00-5.
(vi) Small volume manufacturers, as defined in § 86.094-14(b) (1) and (2), are exempt from the requirements of paragraph (e) of this section until model year 2004, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in § 86.094-14(b)(5).
(vii) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.
(viii) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standard.
(ix) The NO
(x) Compliance with composite standards shall be demonstrated using the calculations set forth in § 86.164-00.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.097-9.
Section 86.000-15 includes text that specifies requirements that differ from § 86.094-15 or § 86.098-15. Where a paragraph in § 86.094-15 or § 86.098-15 is identical and applicable to § 86.000-15, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-15.” or “[Reserved]. For guidance see § 86.098-15.”.
(a)(1) Heavy-duty engines eligible for NO
(a)(2)-(b) [Reserved]. For guidance see § 86.094-15.
(c) [Reserved]. For guidance see § 86.098-15.
(d)-(i) [Reserved]. For guidance see § 86.094-15.
(j)
(j)(1)-(j)(3)(iii) [Reserved]. For guidance see § 86.098-15.
(k)
(1) To be eligible for the optional program described in this paragraph (k), the following must apply:
(i) Credits are generated from Otto-cycle heavy-duty engines which have been certified using certification durability demonstration procedures which meet the criteria contained in § 86.004-26 and with deterioration factors calculated in accordance with § 86.004-28.
(ii) During certification, the manufacturer shall declare its intent to include specific engine families in the program described in this paragraph. Separate declarations are required for each program and no engine families may be included in both programs in the same model year.
(2)
(ii) Except as provided in paragraph (k)(2)(iii) of this section, credits generated under this paragraph (k) may only be used for 2003 and later model year heavy-duty Otto-cycle engines subject to NO
(iii) If a manufacturer chooses to use credits generated under this paragraph (k) for engine families subject to the NO
(iv) For NO
(3)
(ii) There are no regional category restraints for averaging, trading, and banking of credits generated under the program described in this paragraph (k) except if they are used under paragraph (k)(2)(iii) of this section. This applies instead of the regional category provisions described in the introductory text of § 86.094-15(d) and (e).
(iii)
(B) For NO
(4)
(l)
(1) The manufacturer shall pre-identify two emission levels per engine family for the purposes of credit apportionment. One emission level shall be the FEL and the other shall be the level of the standard that the engine family is required to certify to under § 86.098-10 or § 86.098-11, as applicable. For each engine family, the manufacturer may report engine sales in two categories, “ABT-only credits” and “non-manufacturer-owned credits.”
(i) For engine sales reported as “ABT-only credits”, the credits generated must be used solely in the ABT program described in this section.
(ii) The engine manufacturer may declare a portion of engine sales “non-manufacturer-owned credits” and this portion of the credits generated between the standard and the FEL, based on the calculation in § 86.098-15(c)(1), would belong to another party. For ABT, the manufacturer may not generate any credits for the engine sales reported as “non-manufacturer-owned credits.” Engines reported as “non-manufacturer-owned credits” shall comply with the FEL and the requirements of the ABT program in all other respects.
(2) Only manufacturer-owned credits reported as “ABT-only credits” shall be used in the averaging, trading, and banking provisions described in this section.
(3) Credits shall not be double-counted. Credits used in the ABT program may not be provided to an engine purchaser for use in another program.
(4) Manufacturers shall determine and state the number of engines sold as “ABT-only credits” and “non-manufacturer-owned credits” in the end-of-model year reports required under § 86.098-23.
Section 86.000-16 includes text that specifies requirements that differ from § 86.094-16. Where a paragraph in § 86.094-16 is identical and applicable to § 86.000-16, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-16.”
(a) No new light-duty vehicle, light-duty truck, heavy-duty vehicle, or heavy-duty engine shall be equipped with a defeat device.
(b) The Administrator may test or require testing on any vehicle or engine at a designated location, using driving cycles and conditions which may reasonably be expected to be encountered in normal operation and use, for the purpose of investigating a potential defeat device.
(c) [Reserved]. For guidance see § 86.094-16.
(d) For vehicle and engine designs designated by the Administrator to be investigated for possible defeat devices:
(1) The manufacturer must show to the satisfaction of the Administrator that the vehicle or engine design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited during the Federal emissions test procedure when the vehicle or engine is operated under conditions which may reasonably be expected to be encountered in normal operation and use.
(d)(2)-(d)(2)(ii) [Reserved]. For guidance see § 86.094-16.
Section 86.000-21 includes text that specifies requirements that differ from § 86.094-21, § 86.096-21 or § 86.098-21. Where a paragraph in § 86.094-21, § 86.096-21 or § 86.098-21 is identical and
(a)-(b)(1)(i)(B) [Reserved]. For guidance see § 86.094-21.
(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 (aggressive driving) and SC03 (air conditioning) test cycles.
(b)(1)(i)(C)(
(b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of §§ 86.000-8 and 86.000-9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.
(b)(3) A description of the test equipment and fuel proposed to be used.
(b)(4)(i) [Reserved]. For guidance see § 86.098-21.
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21.
(b)(5)(v) [Reserved]. For guidance see § 86.098-21.
(b)(6)-(b)(8) [Reserved]. For guidance see § 86.094-21.
(b)(9)-(b)(10)(iii) [Reserved]. For guidance see § 86.098-21.
(c)-(j) [Reserved]. For guidance see § 86.094-21.
(k) and (l) [Reserved]. For guidance see § 86.096-21.
Section 86.000-23 includes text that specifies requirements that differ from § 86.095-23 or § 86.098-23. Where a paragraph in § 86.095-23 or § 86.098-23 is identical and applicable to § 86.000-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-23.” or “[Reserved]. For guidance see § 86.098-23.”
(a)-(b)(1)(ii) [Reserved]. For guidance see § 86.095-23.
(b)(2) [Reserved]. For guidance see § 86.098-23.
(b)(3)-(b)(4)(ii) [Reserved]. For guidance see § 86.095-23.
(b)(4)(iii) [Reserved]. For guidance see § 86.098-23.
(c)-(e)(1) [Reserved]. For guidance see § 86.095-23.
(e)(2)-(e)(3) [Reserved]. For guidance see § 86.098-23.
(f)-(k) [Reserved]. For guidance see § 86.095-23.
(l) Additionally, manufacturers certifying vehicles shall submit for each model year 2000 through 2002 light-duty vehicle and light light-duty truck engine family and each model year 2002 through 2004 heavy light-duty truck engine family the information listed in paragraphs (l) (1) and (2) of this section.
(1) Application for certification. In the application for certification, the manufacturer shall submit the projected sales volume of engine families certifying to the respective standards. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.
(2) End-of-year reports for each engine family.
(i) These end-of-year reports shall be submitted within 90 days of the end of the model year to: Director, Vehicle Programs and Compliance Division, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(ii) These reports shall indicate the model year, engine family, and the actual U.S. sales volume. The manufacturer may petition the Administrator to allow volume produced for U.S. sale to be used in lieu of U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that
(iii) The U.S. sales volume for end-of-year reports shall be based on the location of the point of sale to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(iv) Failure by a manufacturer to submit the end-of-year report within the specified time may result in certificate(s) for the engine family(ies) certified to Tier 1 certification standards being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency.
(v) These reports shall include the information required under § 86.000-7(h)(1). The information shall be organized in such a way as to allow the Administrator to determine compliance with the SFTP standards implementation schedules of §§ 86.000-8 and 86.000-9.
(m) [Reserved]. For guidance see § 86.098-23.
Section 86.000-24 includes text that specifies requirements that differ from § 86.096-24 or § 86.098-24. Where a paragraph in § 86.096-24 or § 86.098-24 is identical and applicable to § 86.000-24, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-24.” or “[Reserved]. For guidance see § 86.098-24.”
(a) introductory text through (a)(4) [Reserved]. For guidance see § 86.096-24.
(a)(5)-(a)(7) [Reserved]. For guidance see § 86.098-24.
(a)(8)-(b)(1) introductory text [Reserved]. For guidance see § 86.096-24.
(b)(1)(i) Vehicles are chosen to be operated and tested for emission data based upon engine family groupings. Within each engine family, one test vehicle is selected. If air conditioning is projected to be available on any vehicles within the engine family, the Administrator will limit selections to engine codes which have air conditioning available and will require that any vehicle selected under this section has air conditioning installed and operational. The Administrator selects as the test vehicle the vehicle with the heaviest equivalent test weight (including options) within the family which meets the air conditioning eligibility requirement discussed earlier in this section. If more than one vehicle meets this criterion, then within that vehicle grouping, the Administrator selects, in the order listed, the highest road-load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in that engine family, and the maximum fuel flow calibration.
(ii) The Administrator selects one additional test vehicle from within each engine family. The additional vehicle selected is the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family. The selected vehicle will include an air conditioning engine code unless the Administrator chooses a worst vehicle configuration that is not available with air conditioning. If all vehicles within the engine family are similar, the Administrator may waive the requirements of this paragraph.
(b)(1)(iii)-(b)(1)(vi) [Reserved]. For guidance see § 86.096-24.
(b)(1)(vii)(A)-(b)(1)(viii)(A) [Reserved]. For guidance see § 86.098-24.
(b)(1)(viii)(B)-(e)(2) [Reserved]. For guidance see § 86.096-24.
(f) [Reserved]. For guidance see § 86.098-24.
(g)(1)-(g)(2) [Reserved]. For guidance see § 86.096-24.
(g)(3) Except for air conditioning, where it is expected that 33 percent or less of a carline, within an engine-system combination, will be equipped with an item (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, that item may not be installed on any emission data vehicle or durability data vehicle of that carline within that engine-system combination, unless that item is standard equipment on that vehicle or specifically required by the Administrator.
(4) Air conditioning must be installed and operational on any emission data vehicle of any vehicle configuration that is projected to be available with air conditioning regardless of the rate of installation of air conditioning within the carline. Section 86.096-24(g) (1)
(h) [Reserved]. For guidance see § 86.096-24.
Section 86.000-25 includes text that specifies requirements that differ from § 86.094-25 or § 86.098-25. Where a paragraph in § 86.094-25 or § 86.098-25 is identical and applicable to § 86.000-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.” or “[Reserved]. For guidance see § 86.098-25.”
(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.
(a)(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.
(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see § 86.098-25.
(b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see § 86.094-25.
(b)(6)(i)(F) [Reserved]. For guidance see § 86.098-25.
(b)(6)(i)(G)-(H) [Reserved]. For guidance see § 86.094-25.
(i) When air conditioning SFTP exhaust emission tests are required, the manufacturer must document that the vehicle's air conditioning system is operating properly and that system parameters are within operating design specifications prior to test. Required air conditioning system maintenance is performed as unscheduled maintenance and does not require the Administrator's approval.
Section 86.000-26 includes text that specifies requirements that differ from § 86.094-26, § 86.095-26, § 86.096-26 or § 86.098-26. Where a paragraph in § 86.094-26, § 86.095-26, § 86.096-26 or § 86.098-26 is identical and applicable to § 86.000-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” or “[Reserved]. For guidance see § 86.095-26.” or “[Reserved]. For guidance see § 86.096-26.” or “[Reserved]. For guidance see § 86.098-26.”
(a)(1) [Reserved]. For guidance see § 86.094-26.
(a)(2) The standard method of whole-vehicle service accumulation for durability data vehicles and for emission data vehicles shall be mileage accumulation using the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.
(3) Emission data vehicles. Unless otherwise provided for in § 86.000-23(a), emission-data vehicles shall be operated and tested as described in paragraph (a)(3)(i)(A) of this section; § 86.094-26(a)(3)(i)(B) and (D), § 86.098-26(a)(3)(i)(C) and (a)(3)(ii)(C), and § 86.094-26(a)(3)(ii) (A), (B) and (D).
(i) Otto-cycle. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a
(a)(3)(i)(B) [Reserved]. For guidance see § 86.094-26.
(a)(3)(i)(C) [Reserved]. For guidance see § 86.098-26.
(a)(3)(i)(D)-(a)(3)(ii)(B)[Reserved]. For guidance see § 86.094-26.
(a)(3)(ii)(C) [Reserved]. For guidance see § 86.098-26.
(a)(3)(ii)(D)-(a)(4)(i)(B)(
(a)(4)(i)(C) Complete exhaust emission tests shall be made at nominal test point mileage intervals that the manufacturer determines. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for aggressive driving (US06) and air conditioning (SC03) test cycle results, tail pipe exhaust emission deterioration factors are determined from only FTP test cycle data. At a minimum, two complete exhaust emission tests shall be made. The first test shall be made at a distance not greater than 6,250 miles. The last shall be made at the mileage accumulation endpoint determined in § 86.094-26 (a)(4)(i) (A) or (B), whichever is applicable.
(a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see § 86.094-26.
(a)(6)(iii) The results of all emission tests shall be rounded to the number of places to the right of the decimal point indicated by expressing the applicable emission standard of this subpart to one additional significant figure, in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).
(a)(7)-(a)(9)(i) [Reserved]. For guidance see § 86.094-26.
(a)(9)(ii) The test procedures in §§ 86.106 through 86.149 and § 86.158 will be followed by the Administrator. The Administrator may test the vehicles at each test point. Maintenance may be performed by the manufacturer under such conditions as the Administrator may prescribe.
(a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see § 86.094-26.
(b)(2)(i) This paragraph (b)(2)(i) applies to service accumulation conducted under the Standard Self-Approval Durability Program of § 86.094-13(f). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification. Service accumulation under the Standard Self-Approval Durability Program is conducted on vehicles, engines, subsystems, or components selected by the manufacturer under § 86.000-24(c)(2)(i).
(ii) This paragraph (b)(2)(ii) applies to service accumulation conducted under the Alternative Service Accumulation Durability Program of § 86.094-13(e). The service accumulation method is developed by the manufacturer to be consistent with good engineering practice and to accurately predict the deterioration of the vehicle's emissions in actual use over its full useful life. The method is subject to advance approval by the Administrator and to verification by an in-use verification program conducted by the manufacturer under § 86.094-13(e)(5).
(b)(2)(iii)-(b)(4)(i)(C) [Reserved]. For guidance see § 86.094-26.
(b)(4)(i)(D)-(b)(4)(ii)(D) [Reserved]. For guidance see § 86.095-26.
(b)(4)(iii) [Reserved]
(b)(4)(iv)-(c)(3) [Reserved]. For guidance see § 86.094-26.
(c)(4) [Reserved]. For guidance see § 86.096-26.
(d) introductory text through (d)(2)(i) [Reserved]. For guidance see § 86.094-26.
(d)(2)(ii) The results of all emission tests shall be recorded and reported to the Administrator. These test results shall be rounded, in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1), to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure.
(d)(3)-(d)(6) [Reserved]. For guidance see § 86.094-26.
Section 86.000-28 includes text that specifies requirements that differ from § 86.094-28 or § 86.098-28. Where a paragraph in § 86.094-28 or § 86.098-28 is identical and applicable to § 86.000-28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-28.” or “[Reserved]. For guidance see § 86.098-28.”
(a)(1) This paragraph (a) applies to light duty vehicles.
(2) Each exhaust, evaporative and refueling emission standard (and family particulate emission limits, as appropriate) of § 86.000-8 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.000-2 and 86.000-8.
(a)(3) [Reserved]. For guidance see § 86.094-28.
(a)(4) Introductory text [Reserved]. For guidance see § 86.098-28.
(a)(4)(i) Separate emission deterioration factors for each regulated exhaust constituent shall be determined from the FTP exhaust emission results of the durability-data vehicle(s) for each engine-system combination. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable FTP deterioration factors will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels. Separate evaporative and/or refueling emission deterioration factors shall be determined for each evaporative/refueling emission family-emission control system combination from the testing conducted by the manufacturer (gasoline-fueled and methanol-fueled vehicles only). Separate refueling emission deterioration factors shall be determined for each evaporative/refueling emission family-emission control system combination from the testing conducted by the manufacturer (petroleum-fueled diesel cycle vehicles not certified under the provisions of § 86.098-28(g) only).
(a)(4)(i)(A)-(a)(4)(i)(B)(
(a)(4)(i)(B)(
(a)(4)(i)(B)(
(a)(4)(i)(C)-(a)(4)(i)(D)(
(a)(4)(ii)(A)(
(
(a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see § 86.098-28.
(a)(4)(iii) The emissions to compare with the standard (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of § 86.098-28 (a)(4)(ii)(B) and (C) and paragraph (a)(4)(ii)(A) of this section 211a for each emission-data vehicle. For the SFTP composite (NMHC+NO
(a)(4)(iv) [Reserved]. For guidance see § 86.094-28.
(a)(4)(v) [Reserved]. For guidance see § 86.098-28.
(a)(5)-(a)(6) [Reserved]. For guidance see § 86.094-28.
(a)(7) introductory text [Reserved]. For guidance see § 86.098-28.
(a)(7)(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability data vehicles for each emission standard applicable under § 86.000-8, for each engine family group. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable deterioration factors determined from FTP exhaust emission results will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels. The evaporative and/or refueling emission deterioration factors for each evaporative/refueling family will be determined and applied in accordance with § 86.098-28 (a)(4) introductory text, (a)(4)(i)(C) and (D), (a)(4)(ii)(B) and (C), and (a)(4)(v) and § 86.094-28 (a)(4)(i)(A)-(a)(4)(i)(B)(
(a)(7)(ii)-(b)(4)(i) [Reserved]. For guidance see § 86.094-28.
(b)(4)(ii) Separate exhaust emission deterioration factors for each regulated exhaust constituent, determined from tests of vehicles, engines, subsystems, or components conducted by the manufacturer, shall be supplied for each standard and for each engine-system combination. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable deterioration factors determined from FTP exhaust emission results will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels.
(iii) The official exhaust emission results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph (b)(4)(iii).
(iv) The emissions to compare with the standard(s) (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of paragraph (b)(4)(iii) of this section for each emission-data vehicle. For the SFTP composite (NMHC+NO
(5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only to manufacturers electing to participate in the particulate averaging program.
(A) If a manufacturer chooses to change the level of any family particulate emission limit(s), compliance with the new limit(s) must be based upon existing certification data.
(B) The production-weighted average of the family particulate emission limits of all applicable engine families, rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1), must comply with the particulate standards in § 86.099-9 (a)(1)(iv) or (d)(1)(iv), or the composite particulate standard as defined in § 86.094-2, as appropriate, at the end of the product year.
(ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to manufacturers electing to participate in the NO
(A) If a manufacturer chooses to change the level of any family NO
(B) The production-weighted average of the family FTP NO
(b)(6) [Reserved]
(b)(7)(i)-(b)(7)(iii) [Reserved]. For guidance see § 86.094-28.
(b)(7)(iv) The emission value for each evaporative emission data vehicle to compare with the standards shall be the adjusted emission value of § 86.094-28 (b)(7)(iii) rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).
(b)(8)-(c)(4)(iii)(B)(
(c)(4)(iv) The emission values for each emission data engine to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of § 86.094-28 (c)(4)(iii), rounded to the same number of significant figures as contained in the applicable standard in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).
(c)(5)-(d)(4) [Reserved]. For guidance see § 86.094-28.
(d)(5) The emission level to compare with the standard shall be the adjusted emission level of § 86.094-28 (d)(4). Before any emission value is compared with the standard it shall be rounded to two significant figures, in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1). The rounded emission values may not exceed the standard.
(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.
(e)-(h) [Reserved]. For guidance see § 86.098-28.
(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
(b)
(2) Beginning with the 2000 model year, a manufacturer may certify any Otto-cycle heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the provisions for Otto-cycle complete heavy-duty vehicles located in subpart S of this part for purposes of generating credits in the heavy-duty vehicle averaging, banking, and trading program contained in § 86.1817-05. Heavy-duty engine or heavy-duty vehicle provisions of this subpart A do not apply to such a vehicle.
(c)-(d) [Reserved]
(e)
(f)
(2) Measurement procedures, other than those described in subpart I of this part, may be used by the manufacturer provided the manufacturer satisfies the requirements of § 86.091-23(f).
(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I of this part. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements for subpart I of this part.
(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with data obtained in accordance with the procedures described in subpart I of this part, EPA may require that all certificates of conformity not already issued be based on data obtained from procedures described in subpart I of this part.
The definitions of § 86.000-2 continue to apply to 2000 and later model year vehicles. The definitions listed in this section apply beginning with the 2001 model year.
(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first.
(2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is also defined as a period of 11 years or 120,000 miles, whichever occurs first.
(3) For an Otto-cycle heavy-duty engine family:
(i) For hydrocarbon and carbon monoxide standards, a period of use of 8 years or 110,000 miles, whichever first occurs.
(ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.
(iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, a period of use of 10 years or 110,000 miles, whichever occurs first.
(4) For a diesel heavy-duty engine family:
(i) For light heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 110,000 miles, whichever first occurs.
(ii) For light heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.
(iii) For medium heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 185,000 miles, whichever first occurs.
(iv) For medium heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 185,000 miles, whichever first occurs.
(v) For heavy heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 290,000 miles, whichever first occurs, except as provided in paragraph (4)(vii) of this definition.
(vi) For heavy heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 290,000 miles, whichever first occurs.
(vii) For heavy heavy-duty diesel engines used in urban buses, for the particulate standard, a period of use of 10 years or 290,000 miles, whichever first occurs.
Section 86.001-9 includes text that specifies requirements that differ from § 86.097-9, § 86.099-9 or § 86.000-9. Where a paragraph in § 86.097-9, § 86.099-9 or § 86.000-9 is identical and applicable to § 86.001-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.097-9.” or “[Reserved]. For guidance see § 86.099-9.” or “[Reserved]. For guidance see § 86.000-9.”
(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see § 86.097-9.
(a)(1)(iv)-(b)(4) [Reserved]. For guidance see § 86.099-9.
(b)(5) [Reserved]
(b)(6) Vehicles certified to the refueling standards set forth in paragraph (d) of this section are not required to demonstrate compliance with the fuel dispensing spitback standards contained in § 86.096-9 (b)(1)(iii) and (b)(2)(iii): Provided, that they meet the requirements of § 86.001-28(f).
(c) [Reserved]. For guidance see § 86.097-9.
(d) Refueling emissions from 2001 and later model year gasoline-fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light duty trucks of 6,000 pounds or less GVWR shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.
(1) Standards—(i) Hydrocarbons (for gasoline-fueled Otto-cycle and petroleum-fueled diesel-cycle vehicles). 0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.
(ii) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.
(iii) Hydrocarbons (for liquefied petroleum gas-fueled vehicles). 0.15 gram per gallon (0.04 gram per liter) of fuel dispensed.
(iv) Refueling receptacle (for natural gas-fueled vehicles). Refueling receptacles on natural gas-fueled vehicles shall comply with the receptacle provisions of the ANSI/AGA NGV1-1994 standard (as incorporated by reference in § 86.1).
(2)(i) The standards set forth in paragraphs (d)(1)(i) and (ii) of this section refer to a sample of refueling emissions collected under the conditions as set forth in subpart B of this part and measured in accordance with those procedures.
(ii) For vehicles powered by petroleum-fueled diesel-cycle engines, the provisions set forth in paragraph (d)(1)(i) of this section may be waived: Provided, that the manufacturer complies with the provisions of § 86.001-28(f).
(3) A minimum of the percentage shown in table A01-09 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks of 6,000 pounds or less GVWR shall be tested under the procedures in subpart B of this part indicated for 2001 and later model years, and shall not exceed the standards described in paragraph (d)(1) of this section. Vehicles certified in accordance with paragraph (d)(2)(ii) of this section, as determined by the provisions of § 86.001-28(g), shall not be counted in the calculation of the percentage of compliance:
(e) [Reserved]. For guidance see § 86.000-9.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.097-9.
Section 86.001-21 includes text that specifies requirements that differ from § 86.094-21 or § 86.096-21. Where a paragraph in § 86.094-21 or § 86.096-21 is identical and applicable to § 86.001-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.”
(a)-(b)(1)(i)(B) [Reserved]. For guidance see § 86.094-21.
(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 (aggressive driving) and SC03 (air conditioning) test cycles.
(b)(1)(i)(C)(
(b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of § 86.000-8 and 86.000-9. Volume projected to be produced for U.S.
(b)(3) A description of the test equipment and fuel proposed to be used.
(b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in § 86.001-23(b)(2).
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21.
(b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the test vehicle of that evaporative/refueling emission family-emission control system combination, required to use a volume of fuel equal to 85% of fuel tank volume.
(b)(6)-(b)(8) [Reserved]. For guidance see § 86.094-21.
(b)(9) For each light-duty vehicle, light-duty truck, evaporative/refueling emission family or heavy-duty vehicle evaporative emission family, a description of any unique procedures required to perform evaporative and/or refueling emission tests, as applicable, (including canister working capacity, canister bed volume, and fuel temperature profile for the running loss test) for all vehicles in that evaporative and/or evaporative/refueling emission family, and a description of the method used to develop those unique procedures.
(10) For each light-duty vehicle or applicable light-duty truck evaporative/refueling emission family, or each heavy-duty vehicle evaporative emission family:
(i) Canister working capacity, according to the procedures specified in § 86.132-96(h)(1)(iv);
(ii) Canister bed volume; and
(iii) Fuel temperature profile for the running loss test, according to the procedures specified in § 86.129-94(d).
(c)-(j) [Reserved]. For guidance see § 86.094-21.
(k) and (l) [Reserved]. For guidance see § 86.096-21.
Section 86.001-22 includes text that specifies requirements that differ from § 86.094-22. Where a paragraph in § 86.094-22 is identical and applicable to § 86.001-22, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-22.”.
(a)-(c) [Reserved]. For guidance see § 86.094-22.
(d)
(d)(2)-(g) [Reserved]. For guidance see § 86.094-22.
Section 86.001-23 includes text that specifies requirements that differ from § 86.095-23, § 86.098-23 or § 86.000-23. Where a paragraph in § 86.095-23, § 86.098-23 or § 86.000-23 is identical and applicable to § 86.001-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-23.” or “[Reserved]. For guidance see § 86.098-23.” or “[Reserved]. For guidance see § 86.000-23.”
(a)-(b)(1) [Reserved]. For guidance see § 86.098-23.
(b)(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit evaporative emission and/or refueling emission deterioration factors for each evaporative/refueling emission family-emission control system combination and all test data that are derived from testing described
(b)(3) and (b)(4) [Reserved]. For guidance see § 86.098-23.
(c)(1) [Reserved]. For guidance see § 86.095-23.
(c)(2)-(e)(1) [Reserved]. For guidance see § 86.098-23.
(e)(2) For evaporative and refueling emissions durability, or light-duty truck or HDE exhaust emissions durability, a statement of compliance with paragraph (b)(2) of this section or § 86.098-23 (b)(1)(ii), (b)(3), or (b)(4) as applicable.
(3) For certification of vehicles with non-integrated refueling systems, a statement that the drivedown used to purge the refueling canister was the same as described in the manufacturer's application for certification. Furthermore, a description of the procedures used to determine the number of equivalent UDDS miles required to purge the refueling canisters, as determined by the provisions of § 86.001-21(b)(5)(v) and subpart B of this part. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations and other documents, on which the above statement is based, are available to the Administrator upon request.
(f)-(g) [Reserved]. For guidance see § 86.095-23.
(h)-(m) [Reserved]. For guidance see § 86.098-23.
Section 86.001-24 includes text that specifies requirements that differ from § 86.096-24, § 86.098-24 or § 86.000-24. Where a paragraph in § 86.096-24, § 86.098-24 or § 86.000-9 is identical and applicable to § 86.001-24, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-24.” or “[Reserved]. For guidance see § 86.098-24.” or “[Reserved]. For guidance see § 86.000-24.”
(a)-(a)(4) [Reserved]. For guidance see § 86.096-24.
(a)(5)-(a)(7) [Reserved]. For guidance see § 86.098-24.
(a)(8)-(b)(1) introductory text [Reserved]. For guidance see § 86.096-24.
(b)(1)(i)-(b)(1)(ii) [Reserved]. For guidance see § 86.000-24.
(b)(1)(iii)-(b)(1)(vi) [Reserved]. For guidance see § 86.096-24.
(b)(1)(vii)(A)-(b)(1)(viii)(A) [Reserved]. For guidance see § 86.098-24.
(b)(1)(viii)(B)-(e)(2) [Reserved]. For guidance see § 86.096-24.
(f) Carryover and carryacross of durability and emission data. In lieu of testing an emission-data or durability vehicle (or engine) selected under § 86.096-24(b)(1) introductory text, (b)(1)(iii)-(b)(1)(vi) and § 86.000-24(b)(1)(i)-(b)(1)(ii) and § 86.098-24(b)(1)(vii)(A)-(b)(1)(viii)(A) or § 86.096-24(c), and submitting data therefor, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data, evaporative emission data and/or refueling emission data, as applicable, on a similar vehicle (or engine) for which certification has been obtained or for which all applicable data required under § 86.001-23 has previously been submitted.
(g)(1)-(g)(2) [Reserved]. For guidance see § 86.096-24.
(g)(3)-(g)(4) [Reserved]. For guidance see § 86-000-24.
(h) [Reserved]. For guidance see § 86.096-24.
Section 86.001-25 includes text that specifies requirements that differ from § 86.094-25 or § 86.098-25. Where a paragraph in § 86.094-25 or § 86.098-25 is identical and applicable to § 86.001-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.” or “[Reserved]. For guidance see § 86.098-25.”
(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.
(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.
(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see § 86.098-25.
(b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see § 86.094-25.
(b)(6)(i)(F) [Reserved]. For guidance see § 86.098-25.
(b)(6)(i)(G)-(H) [Reserved]. For guidance see § 86.094-25.
(i) [Reserved]. For guidance see § 86.000-25.
Section 86.001-26 includes text that specifies requirements that differ from § 86.094-26, § 86.095-26, § 86.096-26, § 86.098-26 or § 86.000-26. Where a paragraph in § 86.094-26, § 86.095-26, § 86.096-26, § 86.098-26 or § 86.000-26 is identical and applicable to § 86.001-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” or “[Reserved]. For guidance see § 86.095-26.” or “[Reserved]. For guidance see § 86.096-26.” or “[Reserved]. For guidance see § 86.098-26.” or “[Reserved]. For guidance see § 86.000-26.”
(a)(1) [Reserved]. For guidance see § 86.094-26.
(a)(2)-(a)(3)(i)(A) [Reserved]. For guidance see § 86.000-26.
(a)(3)(i)(B) [Reserved]. For guidance see § 86.094-26.
(a)(3)(i)(C) [Reserved]. For guidance see § 86.098-26.
(a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see § 86.094-26.
(a)(3)(ii)(C) [Reserved]. For guidance see § 86.098-26.
(a)(3)(ii)(D)-(a)(4)(i)(B)(
(a)(4)(i)(C) [Reserved]. For guidance see § 86.000-26.
(a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see § 86.094-26.
(a)(6)(iii) [Reserved]. For guidance see § 86.000-26.
(a)(7)-(a)(9)(i) [Reserved]. For guidance see § 86.094-26.
(a)(9)(ii) [Reserved]. For guidance see § 86.000-26.
(a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see § 86.094-26.
(b)(2)(i)-(b)(2)(ii) [Reserved]. For guidance see § 86.000-26.
(b)(2)(iii) [Reserved]. For guidance see § 86.094-26.
(b)(2)(iv) Service or mileage accumulation which may be part of the test procedures used by the manufacturer to establish evaporative and/or refueling emission deterioration factors.
(b)(3)-(b)(4)(i)(B) [Reserved]. For guidance see § 86.094-26.
(b)(4)(i)(C) Exhaust, evaporative and/or refueling emission tests for emission-data vehicle(s) selected for testing under § 86.096-24(b)(1)(ii), (iii) or (iv)(A) or § 86.098-24(b)(1)(vii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometer (4,000 mile) test point under low-altitude conditions.
(b)(4)(i)(D)-(b)(4)(ii)(B) [Reserved]. For guidance see § 86.095-26.
(b)(4)(ii)(C) Exhaust, evaporative and/or refueling emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1)(ii), (iii), and (iv) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under low-altitude conditions.
(b)(4)(ii)(D) [Reserved]. For guidance see § 86.095-26.
(b)(4)(iii) [Reserved]
(b)(4)(iv)-(c)(3) [Reserved]. For guidance see § 86.094-26.
(c)(4) [Reserved]. For guidance see § 86.096-26.
(d)-(d)(2)(i) [Reserved]. For guidance see § 86.094-26.
(d)(2)(ii) [Reserved]. For guidance see § 86.000-26.
(d)(3)-(d)(6) [Reserved]. For guidance see § 86.094-26.
Section 86.001-28 includes text that specifies requirements that differ from § 86.094-28, § 86.098-28 or § 86.000-28. Where a paragraph in § 86.094-28, § 86.098-28 or § 86.000-28 is identical and applicable to § 86.001-28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-28.” or “[Reserved]. For guidance see § 86.098-28.” or “[Reserved]. For guidance see § 86.000-28.”
(a)(1)-(a)(2) [Reserved]. For guidance see § 86.000-28.
(a)(3) [Reserved]. For guidance see § 86.094-28.
(a)(4) [Reserved]. For guidance see § 86.098-28.
(a)(4)(i) introductory text [Reserved]. For guidance see § 86.000-28.
(a)(4)(i)(A)-(a)(4)(i)(B)(
(a)(4)(i)(B)(
(a)(4)(i)(B)(
(a)(4)(i)(C)-(a)(4)(i)(D)(
(a)(4)(ii)(A)(
(a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see § 86.098-28.
(a)(4)(iii) [Reserved]. For guidance see § 86.000-28.
(a)(4)(iv) [Reserved]. For guidance see § 86.094-28.
(a)(4)(v) [Reserved]. For guidance see § 86.098-28.
(a)(5)-(a)(6) [Reserved]. For guidance see § 86.094-28.
(a)(7) introductory text [Reserved]. For guidance see § 86.098-28.
(a)(7)(i) [Reserved]. For guidance see § 86.000-28.
(a)(7)(ii) [Reserved]. For guidance see § 86.094-28.
(b)(1) This paragraph (b) applies to light-duty trucks.
(2) Each exhaust, evaporative and refueling emission standard (and family emission limits, as appropriate) of § 86.001-9 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.098-2 and 86.001-9.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see § 86.094-28.
(b)(4)(ii)-(b)(6) [Reserved]. For guidance see § 86.000-28.
(b)(7)(i) This paragraph (b)(7) describes the procedure for determining compliance of a new vehicle with evaporative emission standards. The procedure described here shall be used for all vehicles in applicable model years.
(ii) The manufacturer shall determine, based on testing described in § 86.001-21(b)(4)(i)(A), and supply an evaporative emission deterioration factor for each evaporative/refueling emission family-emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.
(iii) The official evaporative emission test results for each evaporative/refueling emission-data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph (b)(7)(iii).
(iv) The evaporative emission value for each emission-data vehicle to compare with the standards shall be the adjusted emission value of paragraph (b)(7)(iii) of this section rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).
(8)(i) This paragraph (b)(8) describes the procedure for determining compliance of a new vehicle with refueling emission standards. The procedure described here shall be used for all applicable vehicles in the applicable model years.
(ii) The manufacturer shall determine, based on testing described in § 86.001-21(b)(4)(i)(B), and supply a refueling emission deterioration factor for each evaporative/refueling emission family-emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.
(iii) The official refueling emission test results for each evaporative/refueling emission-data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph (b)(8)(iii).
(iv) The emission value for each evaporative emission-data vehicle to compare with the standards shall be the adjusted emission value of paragraph (b)(8)(iii) of this section rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).
(9) Every test vehicle of an engine family must comply with all applicable standards (and family emission limits, as appropriate), as determined in § 86.000-28(b)(4)(iv) and paragraphs (b)(7)(iv) and (b)(8)(iv) of this section, before any vehicle in that family will be certified.
(c) Introductory text through (c)(4)(iii)(B)(
(c)(4)(iv) [Reserved]. For guidance see § 86.000-28.
(c)(5)-(d)(4) [Reserved]. For guidance see § 86.094-28.
(d)(5)-(d)(6) [Reserved]. For guidance see § 86.000-28.
(e) [Reserved]
(f) Fuel dispensing spitback testing waiver. (1) Vehicles certified to the refueling emission standards set forth in § 86.098-8, 86.099-8 and 86.001-9 are not required to demonstrate compliance with the fuel dispensing spitback standards contained in these sections: Provided, that—
(i) The manufacturer certifies that the vehicle inherently meets the Dispensing Spitback Standard as part of compliance with the refueling emission standard.
(ii) This certification is provided in writing and applies to the full useful life of the vehicle.
(2) EPA retains the authority to require testing to enforce compliance and to prevent non-compliance with the Fuel Dispensing Spitback Standard.
(g) Inherently low refueling emission testing waiver. (1) Vehicles using fuels/fuel systems inherently low in refueling emissions are not required to conduct testing to demonstrate compliance with the refueling emission standards set forth in §§ 86.098-8, 86.099-8 or 86.001-9: Provided, that—
(i) This provision is only available for petroleum diesel fuel. It is only available if the Reid Vapor Pressure of in-use diesel fuel is equal to or less than 1 psi (7 Kpa) and for diesel vehicles whose fuel tank temperatures do not exceed 130 °F (54 °C); and
(ii) To certify using this provision the manufacturer must attest to the following evaluation: “Due to the low vapor pressure of diesel fuel and the vehicle tank temperatures, hydrocarbon vapor concentrations are low and the vehicle meets the 0.20 grams/gallon refueling emission standard without a control system.”
(2) The certification required in paragraph (g)(1)(ii) of this section must be provided in writing and must apply for the full useful life of the vehicle.
(3) EPA reserves the authority to require testing to enforce compliance and to prevent noncompliance with the refueling emission standard.
(4) Vehicles certified to the refueling emission standard under this provision shall not be counted in the sales percentage compliance determinations for the 2001, 2002 and subsequent model years.
(h) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled vehicles which contain fixed liquid level gauges or other gauges or valves which can be opened to release fuel or fuel vapor during refueling, and which are being tested for refueling emissions, are not required to be tested with such gauges or valves open, as outlined in § 86.157-98(d)(2), provided the manufacturer can demonstrate, to the satisfaction of the Administrator, that such gauges or valves would not be opened during refueling in-use due to inaccessibility or other design features that would prevent or make it very unlikely that such gauges or valves could be opened.
Section 86.001-30 includes text that specifies requirements that differ from § 86.094-30, § 86.095-30 or § 86.098-30. Where a paragraph in § 86.094-30, § 86.095-30 or § 86.098-30 is identical and applicable to § 86.001-30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-30.” or “[Reserved]. For guidance see § 86.095-30.” or “[Reserved]. For guidance see § 86.098-30.”.
(a)(1) and (a)(2) [Reserved]. For guidance see § 86.094-30.
(a)(3)(i) [Reserved]. For guidance see § 86.098-30.
(a)(3)(ii)-(a)(4)(ii) [Reserved]. For guidance see § 86.095-30.
(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see § 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see § 86.095-30.
(a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see § 86.094-30.
(a)(10) and (a)(11) [Reserved]. For guidance see § 86.098-30.
(a)(12) [Reserved]. For guidance see § 86.094-30.
(a)(13) [Reserved]. For guidance see § 86.095-30.
(a)(14) [Reserved]. For guidance see § 86.094-30.
(a) (15)-(18) [Reserved]. For guidance see § 86.096-30.
(a)(19) [Reserved]. For guidance see § 86.098-30.
(a)(20) For all light-duty trucks certified to refueling emission standards under § 86.001-9, the provisions of paragraphs (a)(20) (i)-(iii) this section apply.
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.001-9 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.001-9 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(b)(1) introductory text through (b)(1)(i) [Reserved]. For guidance see § 86.094-30.
(b)(1)(ii)(A) [Reserved]. For guidance see § 86.094-30.
(b)(1)(ii)(B) The emission data vehicle(s) selected under § 86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling family.
(b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-30.
(b)(1)(ii)(D) The emission-data vehicle(s) selected under § 86.098-24(b)(1)(viii) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling emission family, as applicable.
(b)(1) (iii) and (iv) [Reserved]. For guidance see § 86.094-30.
(b)(2) [Reserved]. For guidance see § 86.098-30.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii) introductory text [Reserved]. For guidance see § 86.098-30.
(b)(4)(ii)(A) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii)(B)-(iv) [Reserved]. For guidance see § 86.098-30.
(b)(5)-(e) [Reserved]. For guidance see § 86.094-30.
(f) introductory text through (f)(3) [Reserved]. For guidance see § 86.095-30.
(f)(4) [Reserved]. For guidance see § 86.098-30.
Section 86.001-35 includes text that specifies requirements that differ from § 86.095-35, § 86.096-35 and § 86.098-35. Where a paragraph in § 86.095-35, § 86.096-35 or § 86.098-35 is identical and applicable to § 86.001-35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-35.” or [Reserved]. For guidance see § 86.096-35. or “[Reserved]. For guidance see § 86.098-28.”.
(a) introductory text through (a)(1)(iii)(B) [Reserved]. For guidance see § 86.095-35.
(a)(1)(iii)(C) [Reserved]. For guidance see § 86.098-35.
(a)(1)(iii)(D)-(L) [Reserved]. For guidance see § 86.095-35.
(a)(1)(iii)(M) [Reserved]. For guidance see § 86.098-35.
(a)(1)(iii)(N) [Reserved]. For guidance see § 86.096-35.
(a)(2) heading through (a)(2)(iii)(B) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(C) Engine displacement (in cubic inches or liters), engine family identification and evaporative/refueling family identification.
(a)(2)(iii)(D)-(a)(2)(iii)(E) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(F) [Reserved]
(a)(2)(iii)(G)-(a)(2)(iii)(K) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(L) [Reserved]
(a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii) (O)-(P) [Reserved]. For guidance see § 86.096-35.
(a)(3) heading through (a)(4)(iii)(F) [Reserved]. For guidance see § 86.095-35.
(a)(4)(ii)(G) [Reserved]. For guidance see § 86.096-35.
(b)-(i) [Reserved]. For guidance see § 86.095-35.
The definitions of § 86.001-2 continue to apply to 2001 and later model year vehicles. The definitions listed in this section apply beginning with the 2004 model year.
(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.
(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-98, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first.
(2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-98, is also defined as a period of 11 years or 120,000 miles, whichever occurs first.
(3) For an Otto-cycle HDE family:
(i) For hydrocarbon and carbon monoxide standards, a period of use of 10 years or 110,000 miles, whichever first occurs.
(ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.
(iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, a period of use of 10 years or 110,000 miles, whichever first occurs.
(4) For a diesel HDE family:
(i) For light heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emissions standards, a period of use of 10 years or 110,000 miles, whichever first occurs.
(ii) For medium heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emission standards, a period of use of 10 years or 185,000 miles, whichever first occurs.
(iii) For heavy heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbon emissions standards, a period of use of 10 years or 435,000 miles, or 22,000 hours, whichever first occurs, except as provided in paragraphs (4)(iv) and (4)(v) of this definition.
(iv) The useful life limit of 22,000 hours in paragraph (4)(iii) of this definition is effective as a limit to the useful life only when an accurate hours meter is provided by the manufacturer with the engine and only when such hours meter can reasonably be expected to operate properly over the useful life of the engine.
(v) For an individual engine, if the useful life hours limit of 22,000 hours is reached before the engine reaches 10 years or 100,000 miles, the useful life shall become 10 years or 100,000 miles, whichever occurs first, as required under Clean Air Act section 202(d).
(5) As an option for both light-duty trucks under certain conditions and HDE families, an alternative useful life period may be assigned by the Administrator under the provisions of § 86.094-21(f).
Section 86.004-9 includes text that specifies requirements that differ from § 86.097-9, § 86.099-9, § 86.000-9 or § 86.001-9. Where a paragraph in § 86.097-9, § 86.099-9, § 86.000-9 or § 86.001-9 is identical and applicable to § 86.004-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.097-9.” or “[Reserved]. For guidance see § 86.099-9.” or “[Reserved]. For guidance see § 86.000-9.” or “[Reserved]. For guidance see § 86.001-9.”
(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see § 86.097-9.
(a)(1)(iv)-(b)(4) [Reserved]. For guidance see § 86.099-9.
(b)(5) [Reserved]
(b)(6) [Reserved]. For guidance see § 86.001-9.
(c) [Reserved]. For guidance see § 86.097-9.
(d) Refueling emissions from 2004 and later model year gasoline-fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.
(d)(1)-(d)(2)(ii) [Reserved]. For guidance see § 86.001-9.
(d)(2)(iii) Heavy-duty vehicles certified as light-duty trucks under the provisions of § 86.085-1 shall comply with the provisions of § 86.001-9 (d)(1)(i) and (ii).
(3)(i) All light-duty trucks of a GVWR equal to 6,000 pounds or less (100%) must meet the refueling emission standard.
(ii) A minimum of the percentage shown in table A04-09 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks of 6,001 to 8,500 pounds GVWR shall be tested under the procedures in subpart B of this part indicated for 2004 and later model years, and shall not exceed the standards described in § 86.001-9 (d)(1). Vehicles certified in accordance with § 86.001-9 (d)(2)(ii), as determined by the provisions of § 86.001-28(g), shall not be counted in the calculation of the percentage of compliance:
(e) [Reserved]. For guidance see § 86.000-9.
(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.097-9.
This section applies to 2004 and later model year diesel HDEs.
(a)(1) Exhaust emissions from new 2004 and later model year diesel HDEs shall not exceed the following:
(i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO
(B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO
(C)
(D) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in § 86.004-15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the NO
(E) [Reserved]
(ii)
(B) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel HDEs only).
(iii)
(B) For all other diesel engines, 0.10 gram per brake horsepower-hour (0.037 gram per megajoule), as measured under transient operating conditions.
(C) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in § 86.004-15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed 0.25 gram per brake horsepower-hour (0.093 gram per megajoule).
(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the operating schedule set forth in paragraph (f)(2) of appendix I to this part, and measured and calculated in accordance with the procedures set forth in subpart N or P of this part, except as noted in § 86.098-23(c)(2) or superceding sections.
(b)(1) The opacity of smoke emission from new 2004 and later model year diesel HDEs shall not exceed:
(i) 20 percent during the engine acceleration mode.
(ii) 15 percent during the engine lugging mode.
(iii) 50 percent during the peaks in either mode.
(2) The standards set forth in paragraph (b)(1) of this section refer to exhaust smoke emissions generated under the conditions set forth in subpart I of this part and measured and calculated in accordance with those procedures.
(3) Evaporative emissions (total of non-oxygenated hydrocarbons plus methanol) from heavy-duty vehicles equipped with methanol-fueled diesel engines shall not exceed the following standards. The standards apply equally to certification and in-use vehicles. The spitback standard also applies to newly assembled vehicles.
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs:
(A)(
(
(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)(
(
(B) Running loss test: 0.05 grams per mile.
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraph (b)(3) of this section refer to a composite sample of evaporative emissions collected under the conditions and measured in accordance with the procedures set forth in subpart M of this part. For certification vehicles only, manufacturers may conduct testing to quantify a level of nonfuel background emissions for an individual test vehicle. Such a demonstration must include a description of the source(s) of emissions and an estimated decay rate. The demonstrated level of nonfuel background emissions may be subtracted from emission test results from certification vehicles if approved in advance by the Administrator.
(B) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(iv) All fuel vapor generated during in-use operations shall be routed exclusively to the evaporative control system (e.g., either canister or engine purge). The only exception to this requirement shall be for emergencies.
(4) Evaporative emissions from 2004 and later model year heavy-duty vehicles equipped with natural gas-fueled or liquefied petroleum gas-fueled HDEs shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 pounds, the standards set forth in paragraph (b)(4) of this section refer to a composite sample of evaporative emissions collected under the conditions set forth in subpart M of this part and measured in accordance with those procedures.
(B) For vehicles with a Gross Vehicle Weight Rating greater than 26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and (b)(4)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 2004 or later model year methanol-, natural gas-, or liquefied petroleum gas-fueled diesel, or any naturally-aspirated diesel HDE. For petroleum-fueled engines only, this provision does not apply to engines using turbochargers, pumps, blowers, or superchargers for air induction.
(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart I or N of this part to ascertain that such test engines meet the requirements of this section.
(e) The standards described in this section do not apply to diesel-fueled medium-duty passenger vehicles (MDPVs) that are subject to regulation under subpart S of this part, except as specified in subpart S of this part. The standards described in this section also do not apply to diesel engines used in such MDPVs, except as specified in the regulations in subpart S of this part. The term “medium-duty passenger vehicle” is defined in § 86.1803.
(a)(1) Heavy-duty engines eligible for NO
(2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section.
(ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used for averaging or trading to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL.
(b) Participation in the NO
(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
(ii) Declare an FEL for each engine family participating in one or more of these two programs.
(A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower-hour for NO
(B) In no case may the FEL exceed the upper limit prescribed in the section concerning the applicable heavy-duty engine NO
(iii) Calculate the projected emission credits (positive or negative) based on quarterly production projections for each participating family and for each pollutant, using the applicable equation in paragraph (c) of this section and the applicable factors for the specific engine family.
(iv)(A) Determine and state the source of the needed credits according to quarterly projected production for engine families requiring credits for certification.
(B) State where the quarterly projected credits will be applied for engine families generating credits.
(C) Credits may be obtained from or applied to only engine families within the same averaging set as described in paragraph (d) or (e) of this section. Credits available for averaging, trading, or banking as defined in § 86.090-2, may be applied exclusively to a given engine family, or reserved as defined in § 86.091-2.
(2) Based on this information each manufacturer's certification application must demonstrate:
(i) That at the end of model year production, each engine family has a net emissions credit balance of zero or more using the methodology in paragraph (c) of this section with any credits obtained from averaging, trading or banking.
(ii) The source of the credits to be used to comply with the emission standard if the FEL exceeds the standard, or where credits will be applied if the FEL is less than the emission standard. In cases where credits are being obtained, each engine family involved must state specifically the source (manufacturer/engine family) of the credits being used. In cases where credits are being generated/supplied, each engine family involved must state specifically the designated use (manufacturer/engine family or reserved) of the credits involved. All such reports shall include all credits involved in averaging, trading or banking.
(3) During the model year manufacturers must:
(i) Monitor projected versus actual production to be certain that compliance with the emission standards is achieved at the end of the model year.
(ii) Provide the end-of-model year reports required under § 86.001-23.
(iii) For manufacturers participating in emission credit trading, maintain the quarterly records required under § 86.091-7(c)(8).
(4) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-model year reports, follow-up audits, and any other compliance measures deemed appropriate by the Administrator.
(5) Compliance under averaging, banking, and trading will be determined at the end of the model year. Engine families without an adequate amount of NO
(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
(ii) If within 180 days of receipt of the manufacturer's end-of-year report, EPA review determines a reporting error in the manufacturer's favor (i.e., resulting in a positive credit balance) or if the manufacturer discovers such an error within 180 days of EPA receipt of the end-of-year report, the credits will be restored for use by the manufacturer.
(c)(1) For each participating engine family, NO
(i) For determining credit need for all engine families and credit availability for engine families generating credits for averaging programs only:
(ii) For determining credit availability for engine families generating credits for trading or banking programs:
(iii) For purposes of the equation in paragraphs (c)(1)(i) and (ii) of this section:
(2)(i) The transient cycle conversion factor is the total (integrated) cycle brake horsepower-hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles.
(ii) When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in § 86.085-24), the conversion factor used is to be based upon a production weighted average value of the configurations in an engine family to calculate the conversion factor.
(d)
(1) For NO
(i) Otto-cycle heavy-duty engines constitute an averaging set. Averaging and trading among all Otto-cycle heavy-duty engine families is allowed. There are no subclass restrictions.
(ii) Otto-cycle heavy-duty vehicles certified under the chassis-based provisions of Subpart S of this Part may not average or trade with heavy-duty Otto-cycle engines except as allowed in § 86.1817-05(o).
(2) For NO
(i) Each of the three primary intended service classes for heavy-duty diesel engines, as defined in § 86.004-2, constitute an averaging set. Averaging
(ii) Urban buses are treated as members of the primary intended service class where they otherwise would fall.
(e)
(1) Engines intended for use in urban buses constitute a separate averaging set from all other heavy-duty engines. Averaging and trading between diesel cycle bus engine families is allowed.
(2) For heavy-duty engines, exclusive of urban bus engines, each of the three primary intended service classes for heavy-duty diesel cycle engines, as defined in § 86.004-2, constitute an averaging set. Averaging and trading between diesel-cycle engine families within the same primary service class is allowed.
(3) Otto cycle engines may not participate in particulate averaging, trading, or banking.
(f)
(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)
(ii) Manufacturers withdrawing banked NO
(3)
(i) Banked credits may be used in averaging, or in trading, or in any combination thereof, during the certification period. Credits declared for banking from the previous model year but not reported to EPA may also be used. However, if EPA finds that the reported credits can not be proven, they will be revoked and unavailable for use.
(ii) Banked credits may not be used for NO
(iii) NO
(iv) Except for early credits banked under § 86.000-15(k), NO
(g)(1) This paragraph (g) assumes NO
(2) Engine families using NO
(i) May not generate NO
(ii) May not use NO
(3) If a manufacturer has any engine family to which application of NCPs and banking and trading credits is desired, that family must be separated into two distinct families. One family, whose FEL equals the standard, must use NCPs only while the other, whose FEL does not equal the standard, must use credits only.
(4) If a manufacturer has any engine family in a given averaging set which is using NO
(h) In the event of a negative credit balance in a trading situation, both the buyer and the seller would be liable.
(i) Certification fuel used for credit generation must be of a type that is both available in use and expected to be used by the engine purchaser. Therefore, upon request by the Administrator, the engine manufacturer must provide information acceptable to the Administrator that the designated fuel is readily available commercially and would be used in customer service.
(j)
(1) The manufacturer shall pre-identify two emission levels per engine family for the purposes of credit apportionment. One emission level shall be the FEL and the other shall be the level of the standard that the engine family is required to certify to under § 86.005-10 or § 86.004-11. For each engine family, the manufacturer may report engine sales in two categories, “ABT-only credits” and “nonmanufacturer-owned credits”.
(i) For engine sales reported as “ABT-only credits”, the credits generated must be used solely in the ABT program described in this section.
(ii) The engine manufacturer may declare a portion of engine sales “nonmanufacturer-owned credits” and this portion of the credits generated between the standard and the FEL, based on the calculation in (c)(1) of this section, would belong to the engine purchaser. For ABT, the manufacturer may not generate any credits for the engine sales reported as “nonmanufacturer-owned credits”. Engines reported as “nonmanufacturer-owned credits” shall comply with the FEL and the requirements of the ABT program in all other respects.
(2) Only manufacturer-owned credits reported as “ABT-only credits” shall be used in the averaging, trading, and banking provisions described in this section.
(3) Credits shall not be double-counted. Credits used in the ABT program may not be provided to an engine purchaser for use in another program.
(4) Manufacturers shall determine and state the number of engines sold as “ABT-only credits” and “nonmanufacturer-owned credits” in the end-of-model year reports required under § 86.001-23.
(k)
(1) The engine family certifies with a certification level of 1.9 g/bhp-hr NO
(2) All of the following must apply to the engine family:
(i) Diesel-cycle engines only;
(ii) 2004, 2005, and 2006 model years only;
(iii) Must be an engine family using carry-over certification data from prior to model year 2004 where the NO
(l)
(1) The engine family has a FEL of 0.5 g/bhp-hr NO
(2) All of the following conditions are met:
(i) For first three consecutive model years that the engine family is certified to a NO
(ii) The engine family is certified using carry-over data from an engine family which was used to generate early NO
(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)
(2)
Section 86.004-21 includes text that specifies requirements that differ from § 86.094-21 or § 86.096-21. Where a paragraph in § 86.094-21 or § 86.096-21 is identical and applicable to § 86.004-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.”.
(a)-(b)(3) [Reserved]. For guidance see § 86.094-21.
(b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in § 86.001-23(b)(2).
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21.
(b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the test vehicle of that evaporative/ refueling emission family-emission control system combination, required to use a volume of fuel equal to 85% of fuel tank volume.
(6)
(B) The manufacturer shall choose the level of the family particulate
(C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in §§ 86.090-2 and 86.094-28(b)(5)(i).
(ii)
(B) The manufacturer shall choose the level of the family emission limits, accurate to one-tenth of a gram per mile or to one-tenth of a gram per brake horsepower-hour for HDEs.
(C) The manufacturer may at any time during production elect to change the level of any family emission limit(s) by submitting the new limits to the Administrator and by demonstrating compliance with the limit(s) as described in §§ 86.088-2 and 86.094-28(b)(5)(ii).
(b)(7) and (b)(8) [Reserved]. For guidance see § 86.094-21.
(b)(9) For each light-duty vehicle, light-duty truck, evaporative/refueling emission family or heavy-duty vehicle evaporative emission family, a description of any unique procedures required to perform evaporative and/or refueling emission tests, as applicable, (including canister working capacity, canister bed volume, and fuel temperature profile for the running loss test) for all vehicles in that evaporative and/or evaporative/refueling emission family, and a description of the method used to develop those unique procedures.
(10) For each light-duty vehicle or applicable light-duty truck evaporative/refueling emission family, or each heavy-duty vehicle evaporative emission family:
(i) Canister working capacity, according to the procedures specified in § 86.132-96(h)(1)(iv);
(ii) Canister bed volume; and
(iii) Fuel temperature profile for the running loss test, according to the procedures specified in § 86.129-94(d).
(c)-(j) [Reserved]. For guidance see § 86.094-21.
(k) and (l) [Reserved]. For guidance see § 86.096-21.
(m) For model years 2004 through 2007, within 180 days after submission of the application for certification of a heavy-duty diesel engine, the manufacturer must provide emission test results from the Load Response Test conducted according to § 86.1380-2004, including, at a minimum, test results conducted at each of the speeds identified in § 86.1380-2004. Load Response Test data submissions are not necessary for carry-over engine families for which Load Response Test data has been previously submitted. In addition, upon approval of the Administrator, manufacturers may carry Load Response Test data across from one engine family to other engine families, provided that the carry-across engine families use similar emission control technology hardware which would be expected to result in the generation of similar emission data when run over the Load Response Test.
(n) Upon request from EPA, a manufacturer must provide to EPA any hardware (including scan tools), passwords, and/or documentation necessary for EPA to read, interpret, and store (in engineering units if applicable) any information broadcast by an engine's on-board computers and electronic control modules which relates in any way to emission control devices and auxiliary emission control devices, provided that such hardware, passwords, or documentation exists and is not otherwise commercially available. Passwords include any information necessary to enable generic scan tools or personal computers access to proprietary emission related information broadcast by an engine's on-board computer, if such passwords exist. This requirement includes access by EPA to any proprietary code information which may be broadcast by an engine's on-board computer and electronic control modules. Information which is confidential business information must be marked as such. Engineering units refers to the
Section 86.004-25 includes text that specifies requirements that differ from § 86.094-25 or § 86.098-25. Where a paragraph in § 86.094-25 or § 86.098-25 is identical and applicable to § 86.004-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.” or “[Reserved]. For guidance see § 86.098-25.”.
(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and HDEs.
(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.
(b) Introductory text through (b)(3)(ii) [Reserved]. For guidance see § 86.094-25.
(b)(3)(iii) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(iii) (A)-(E) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.
(A) Positive crankcase ventilation valve.
(B) Emission-related hoses and tubes.
(C) Ignition wires.
(D) Idle mixture.
(E) Exhaust gas recirculation system related filters and coolers.
(iv) For otto-cycle light-duty vehicles, light-duty trucks and otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter.
(v) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(v) (A)-(H) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter.
(A) Catalytic converter.
(B) Air injection system components.
(C) Fuel injectors.
(D) Electronic engine control unit and its associated sensors (except oxygen sensor) and actuators.
(E) Evaporative emission canister.
(F) Turbochargers.
(G) Carburetors.
(H) Exhaust gas recirculation system (including all related control valves and tubing) except as otherwise provided in paragraph (b)(3)(iii)(E) of this section.
(b)(3)(vi)(A)-(b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see § 86.098-25.
(4) For diesel-cycle light-duty vehicles, light-duty trucks, and HDEs, emission-related maintenance in addition to or at shorter intervals than that listed in paragraphs (b)(4) (i)-(iv) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.
(i) For diesel-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(4)(i) (A)-(C) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.
(A) Exhaust gas recirculation system related filters and coolers.
(B) Positive crankcase ventilation valve.
(C) Fuel injector tips (cleaning only).
(ii) For diesel-cycle light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the positive crankcase ventilation
(iii) The adjustment, cleaning, repair, or replacement of items listed in paragraphs (b)(4)(iii) (A)-(G) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter for light heavy-duty diesel engines, or, at 150,000 miles (or 4,500 hours) intervals thereafter for medium and heavy heavy-duty diesel engines.
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and actuators.
(D) Particulate trap or trap-oxidizer system (including related components).
(E) Exhaust gas recirculation system (including all related control valves and tubing) except as otherwise provided in paragraph (b)(4)(i)(A) of this section.
(F) Catalytic converter.
(G) Any other add-on emissions-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emissions control and whose function is not integral to the design and performance of the engine.)
(iv) For disel-cycle light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement shall occur at 100,000 miles of use and at 100,000-mile intervals thereafter of the items listed in paragraphs (b)(4)(iv) (A)-(G) of this section.
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and actuators.
(D) Particulate trap or trap-oxidizer system (including related components).
(E) Exhaust gas recirculation system including all related filters and control valves.
(F) Catalytic converter.
(G) Superchargers.
(5) [Reserved]
(6)(i) The components listed in paragraphs (b)(6)(i) (A)-(H) of this section are currently defined as critical emission-related components.
(A) Catalytic converter.
(B) Air injection system components.
(C) Electronic engine control unit and its associated sensors (including oxygen sensor if installed) and actuators.
(D) Exhaust gas recirculation system (including all related filters, coolers, control valves, and tubing).
(E) Positive crankcase ventilation valve.
(F) Evaporative and refueling emission control system components (excluding canister air filter).
(G) Particulate trap or trap-oxidizer system.
(H) Any other add-on emissions-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emissions control and whose function is not integral to the design and performance of the engine.)
(ii) All critical emission-related scheduled maintenance must have a reasonable likelihood of being performed in-use. The manufacturer shall be required to show the reasonable likelihood of such maintenance being performed in-use, and such showing shall be made prior to the performance of the maintenance on the durability data vehicle. Critical emission-related scheduled maintenance items which satisfy one of the conditions defined in paragraphs (b)(6)(ii) (A)-(F) of this section will be accepted as having a reasonable likelihood of the maintenance item being performed in-use.
(A) Data are presented which establish for the Administrator a connection between emissions and vehicle performance such that as emissions increase due to lack of maintenance, vehicle performance will simultaneously deteriorate to a point unacceptable for typical driving.
(B) Survey data are submitted which adequately demonstrate to the Administrator that, at an 80 percent confidence level, 80 percent of such engines already have this critical maintenance item performed in-use at the recommended interval(s).
(C) A clearly displayed visible signal system approved by the Administrator is installed to alert the vehicle driver that maintenance is due. A signal bearing the message “maintenance needed”
(D) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in-use experience without the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected vehicles per critical emission-related maintenance item without such visible signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph (b)(6)(ii)(B) of this section. This option is restricted to two consecutive model years and may not be repeated until any previous survey has been completed. If the critical maintenance involves more than one engine family, the sample will be sales weighted to ensure that it is representative of all the families in question.
(E) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenance is free in the instructions provided under § 86.087-38.
(F) Any other method which the Administrator approves as establishing a reasonable likelihood that the critical maintenance will be performed in-use.
(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inoperative without also performing the indicated maintenance procedure is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
(b)(7)-(h) [Reserved]. For guidance see § 86.094-25.
Section 86.004-26 includes text that specifies requirements that differ from § 86.094-26, § 86.095-26, § 86.096-26, § 86.098-26, § 86.000-26, or § 86.001-26. Where a paragraph in § 86.094-26, § 86.095-26, § 86.096-26, § 86.098-26, § 86.000-26 or § 86.001-26 is identical and applicable to § 86.004-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” or [Reserved]. For guidance see § 86.095-26.” or “[Reserved]. For guidance see § 86.096-26.” or “[Reserved]. For guidance see § 86.098-26.” or “[Reserved]. For guidance see § 86.000-26.” or “[Reserved]. For guidance see § 86.001-26.”.
(a)(1) [Reserved]. For guidance see § 86.094-26.
(a)(2)-(a)(3)(i)(A) [Reserved]. For guidance see § 86.000-26.
(a)(3)(i)(B) [Reserved]. For guidance see § 86.094-26.
(a)(3)(i)(C) [Reserved]. For guidance see § 86.098-26.
(a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see § 86.094-26.
(a)(3)(ii)(C) [Reserved]. For guidance see § 86.098-26.
(a)(3)(ii)(D)-(a)(4)(i)(B)(
(a)(4)(i)(C) [Reserved]. For guidance see § 86.000-26.
(a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see § 86.094-26.
(a)(6)(iii) [Reserved]. For guidance see § 86.000-26.
(a)(7)-(a)(9)(i) [Reserved]. For guidance see § 86.094-26.
(a)(9)(ii) [Reserved]. For guidance see § 86.000-26.
(a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see § 86.094-26.
(b)(2)(i)-(b)(2)(ii) [Reserved]. For guidance see § 86.000-26.
(b)(2)(iii) [Reserved]. For guidance see § 86.094-26.
(b)(2)(iv) [Reserved]. For guidance see § 86.001-26.
(b)(3)-(b)(4)(i)(B) [Reserved]. For guidance see § 86.094-26.
(b)(4)(i)(C) [Reserved]. For guidance see § 86.001-26.
(b)(4)(i)(D)-(b)(4)(ii)(B) [Reserved]. For guidance see § 86.095-26.
(b)(4)(ii)(C) [Reserved]. For guidance see § 86.001-26.
(b)(4)(ii)(D) [Reserved]. For guidance see § 86.095-26.
(b)(4)(iii) [Reserved]
(b)(4)(iv) [Reserved]. For guidance see § 86.094-26.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) Two types of service accumulation are applicable to heavy-duty engines, as described in paragraphs (c)(2)(i) and (ii) of this section. For Otto-cycle heavy-duty engines exhaust emissions, the service accumulation method used by a manufacturer must be designed to effectively predict the deterioration of emissions in actual use over the full useful life of the of the candidate in-use vehicles and must cover the breadth of the manufacturer's product line that will be covered by the durability procedure. Manufacturers not selecting Options 1 or 2 described in § 86.005-10(f) may certify Otto-cycle engines using the provisions contained in § 86.094-26(c)(2) rather than those contained in this paragraph (c)(2) for 2004 model year engine families certified using carry-over durability data, except for those engines used for early credit banking as allowed in § 86.000-15(k).
(i) Service accumulation on engines, subsystems, or components selected by the manufacturer under § 86.094-24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification.
(ii) Dynamometer service accumulation on emission data engines selected under § 86.094-24(b)(2) or (3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations.
(3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in § 86.000-26(b)(2)(i) and related testing, according to the manufacturer's procedures.
(4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission-data engine selections under § 86.094-24(b)(2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission-data engine selection under § 86.094-24(b)(2). Evaporative emission controls must be connected, as described in 40 CFR part 1065, subpart F. The Administrator may determine under § 86.094-24(f) that no testing is required.
(d)(1)-(d)(2)(i) [Reserved]. For guidance see § 86.094-26.
(d)(2)(ii) [Reserved]. For guidance see § 86.000-26.
(d)(3) [Reserved]. For guidance see § 86.094-26.
(d)(4) and (5) [Reserved].
(d)(6) [Reserved]. For guidance see § 86.094-26.
Section 86.004-28 includes text that specifies requirements that differ from § 86.094-28, § 86.098-28, § 86.000-28 or § 86.001-28. Where a paragraph in § 86.094-28, § 86.098-28, § 86.000-28 or § 86.001-28 is identical and applicable to § 86.004-28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-28.” or “[Reserved]. For guidance see § 86.098-28.” or “[Reserved]. For guidance see § 86.000-28.” or “[Reserved]. For guidance see § 86.001-28.”
(a)(1)-(a)(2) [Reserved. For guidance see § 86.000-28.
(a)(3) [Reserved]. For guidance see § 86.094-28.
(a)(4) introductory text [Reserved]. For guidance see § 86.098-28.
(a)(4)(i) [Reserved]. For guidance see § 86.000-28.
(a)(4)(i)(A)-(a)(4)(i)(B)(
(a)(4)(i)(B)(
(a)(4)(i)(B)(
(a)(4)(i)(C)-(a)(4)(i)(D)(
(a)(4)(ii)(A)(
(a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see § 86.098-28.
(a)(4)(iii) [Reserved]. For guidance see § 86.000-28.
(a)(4)(iv) [Reserved]. For guidance see § 86.094-28.
(a)(4)(v) [Reserved]. For guidance see § 86.098-28.
(a)(5)-(a)(6) [Reserved]. For guidance see § 86.094-28.
(a)(7) introductory text [Reserved]. For guidance see § 86.098-28.
(a)(7)(i) [Reserved]. For guidance see § 86.000-28.
(a)(7)(ii) [Reserved]. For guidance see § 86.094-28.
(b)(1) This paragraph (b) applies to light-duty trucks.
(2) Each exhaust, evaporative and refueling emission standard (and family emission limits, as appropriate) of § 86.004-9 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.098-2 and 86.004-9.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see § 86.094-28.
(b)(4)(ii)-(b)(6) [Reserved]. For guidance see § 86.000-28.
(b)(7)(i)-(b)(9) [Reserved]. For guidance see § 86.001-28.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) The applicable exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines and for diesel-cycle engines apply to the emissions of engines for their useful life.
(3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission data engine test results as the basis for determining compliance with the standards.
(4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer. Deterioration factors shall be established using applicable emissions test procedures. NO
(ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems, or components conducted by the manufacturer, shall be supplied for each engine-system combination. For Otto-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO
(iii)(A) Paragraphs (c)(4)(iii)(A) (
(
(
(
(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle HDEs.
(
(
(
(
(
(
(
(i) THC may be used in lieu of NMHC for the standards set forth in § 86.004-11.
(ii) The manufacturer may choose its own method to analyze methane with prior approval of the Administrator.
(iii) The manufacturer may assume that two percent of the measured THC is methane (NMHC =0.98 × THC).
(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines.
(2) The applicable evaporative emission standards in this subpart apply to the emissions of vehicles for their useful life.
(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, an evaporative emission deterioration factor shall be determined from the testing described in § 86.098-23(b)(3) for each evaporative emission family-evaporative emission control system combination to indicate the evaporative emission control system deterioration during the useful life of the vehicle (minimum 50,000 miles). The factor shall be established to a minimum of two places to the right of the decimal.
(ii) For vehicles with a GVWR of greater than 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, each manufacturer's statement as required in § 86.098-23(b)(4)(ii) shall include, in accordance with good engineering practice, consideration of control system deterioration.
(4) The evaporative emission test results, if any, shall be adjusted by the addition of the appropriate deterioration factor, provided that if the deterioration factor as computed in paragraph (d)(3) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.
(5) The emission level to compare with the standard shall be the adjusted emission level of paragraph (d)(4) of this section. Before any emission value is compared with the standard, it shall be rounded, in accordance with ASTM E 29-93a (as referenced in § 86.094-28 (a)(4)(i)(B)(2)(ii)), to two significant figures. The rounded emission values may not exceed the standard.
(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.
(e) [Reserved]
(f)-(g)(3) [Reserved]. For guidance see § 86.001-28.
(g)(4) Vehicles certified to the refueling emission standard under this provision shall not be counted in the sales percentage compliance determinations for the 2004, 2005 and subsequent model years.
(h) [Reserved]. For guidance see § 86.001-28.
(i) Emission results from heavy-duty engines equipped with exhaust aftertreatment may need to be adjusted to account for regeneration events. This provision only applies for engines equipped with emission controls that are regenerated on an infrequent basis. For the purpose of this paragraph (i), the term “regeneration” means an event during which emissions levels change while the aftertreatment performance is being restored by design. Examples of regenerations are increasing exhaust gas temperature to remove sulfur from an adsorber or increasing exhaust gas temperature to oxidize PM in a trap. For the purpose
(1)
(2)
(i) The upward adjustment factor (UAF) is calculated as: UAF = EF
(ii) The downward adjustment factor (DAF) is calculated as: DAF = EF
(3)
(4)
(5)
(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).
Section 86.004-30 includes text that specifies requirements that differ from §§ 86.094-30, 86.095-30, 86.096-30, 86.098-30 or 86.001-30. Where a paragraph in § 86.094-30, § 86.095-30, § 86.096-30, § 86.098-30 or § 86.001-30 is identical and applicable to § 86.004-30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-30.” or “[Reserved]. For guidance see § 86.095-30.” or “[Reserved]. For guidance see § 86.096-30.” or “[Reserved]. For guidance see § 86.098-30.” or “[Reserved]. For guidance see § 86.001-30.”.
(a)(1) and (a)(2) [Reserved]. For guidance see § 86.094-30.
(a)(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks,
(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of compliance as required in § 86.098-23(b)(4) (i) and (ii).
(iii) For diesel light-duty vehicles and light-duty trucks, or diesel HDEs, included in the applicable particulate averaging program, the manufacturer may at any time during production elect to change the level of any family particulate emission limit by demonstrating compliance with the new limit as described in § 86.094-28(a)(6), § 86.094-28(b)(5)(i), or § 86.004-28(c)(5)(i). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the date of issuance.
(iv) For light-duty trucks or HDEs included in the applicable NO
(4)(i) For exempt light-duty vehicles and light-duty trucks under the provisions of § 86.094-8(j) or § 86.094-9(j), an adjustment or modification performed in accordance with instructions provided by the manufacturer for the altitude where the vehicle is principally used will not be considered a violation of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
(ii) A violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an ultimate purchaser any light-duty vehicle or light-duty truck, subject to the regulations under the Act, under any of the conditions specified in paragraph (a)(4)(ii) of this section.
(A) When a light-duty vehicle or light-duty truck is exempted from meeting high-altitude requirements as provided in § 86.090-8(h) or § 86.094-9(h):
(
(
(B) When a light-duty vehicle or light-duty truck is exempted from meeting low-altitude requirements as provided in § 86.094-8(i) or § 86.094-9(i):
(
(
(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see § 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see § 86.095-30.
(a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see § 86.094-30.
(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-duty truck families which are included in a particulate averaging program, the manufacturer's production-weighted average of the particulate emission limits of all engine families in a participating class or classes shall not exceed the applicable diesel-cycle particulate standard, or the composite particulate standard defined in § 86.090-2 as appropriate, at the end of the model year, as determined in accordance with this part. The certificate shall be void ab initio
(ii) For all heavy-duty diesel-cycle engines which are included in the particulate ABT programs under § 86.098-15 or superseding ABT sections as applicable, the provisions of paragraphs (a)(10)(ii) (A)-(C) of this section apply.
(A) All certificates issued are conditional upon the manufacturer complying with the provisions of § 86.098-15 or superseding ABT sections as applicable and the ABT related provisions of other applicable sections, both during and after the model year production.
(B) Failure to comply with all provisions of § 86.098-15 or superseding ABT sections as applicable will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.
(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.
(11)(i) For light-duty truck families which are included in a NO
(ii) For all HDEs which are included in the NO
(A) All certificates issued are conditional upon the manufacturer complying with the provisions of § 86.098-15 or superseding ABT sections as applicable and the ABT related provisions of other applicable sections, both during and after the model year production.
(B) Failure to comply with all provisions of § 86.098-15 or superseding ABT sections as applicable will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.
(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.
(a)(12) [Reserved]. For guidance see § 86.094-30.
(a)(13) [Reserved]. For guidance see § 86.095-30.
(a)(14) [Reserved]. For guidance see § 86.094-30.
(a) (15)-(18) [Reserved]. For guidance see § 86.096-30.
(a)(19) [Reserved]. For guidance see § 86.098-30.
(a)(20) [Reserved]. For guidance see § 86.001-30.
(a)(21) For all light-duty trucks certified to refueling emission standards under § 86.004-9, the provisions of paragraphs (a)(21) (i)-(iii) of this section apply.
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.004-9 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.004-9 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For guidance see § 86.094-30.
(b)(1)(ii)(B) The emission data vehicle(s) selected under § 86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling family.
(b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-30.
(b)(1)(ii)(D) The emission-data vehicle(s) selected under § 86.098-24(b)(1)(viii) shall represent all vehicles
(b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see § 86.094-30.
(b)(2) [Reserved]. For guidance see § 86.098-30.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii) introductory text [Reserved]. For guidance see § 86.098-30.
(b)(4)(ii)(A) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii)(B)-(b)(4)(iv) [Reserved]. For guidance see § 86.098-30.
(b)(5)-(e) [Reserved]. For guidance see § 86.094-30.
(f) For engine families required to have an OBD system, certification will not be granted if, for any test vehicle approved by the Administrator in consultation with the manufacturer, the malfunction indicator light does not illuminate under any of the following circumstances, unless the manufacturer can demonstrate that any identified OBD problems discovered during the Administrator's evaluation will be corrected on production vehicles.
(1)(i)
(ii)
(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)
(ii)
(3) If so equipped, any oxygen sensor is replaced with a deteriorated or defective oxygen sensor, or an electronic simulation of such, resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC+NO
(4) If so equipped, a vapor leak is introduced in the evaporative and/or refueling system (excluding the tubing and connections between the purge valve and the intake manifold) greater than or equal in magnitude to a leak caused by a 0.040 inch diameter orifice, or the evaporative purge air flow is blocked or otherwise eliminated from the complete evaporative emission control system.
(5) A malfunction condition is induced in any emission-related engine system or component, including but not necessarily limited to, the exhaust gas recirculation (EGR) system, if equipped, the secondary air system, if equipped, and the fuel control system, singularly resulting in exhaust emissions exceeding 1.5 times the applicable emission standard or FEL for NMHC+NO
(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.
This section includes text that specifies requirements that differ from those specified in § 86.096-38. Where a paragraph in § 86.096-38 is identical and applicable to § 86.004-38, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance
(a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.099-8, § 86.004-9, § 86.004-10, or § 86.004-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.004-25, which
(1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language.
(2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions.
(b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under § 86.004-25.
(c) Scheduled emission-related maintenance in addition to that performed under § 86.004-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.004-25(b).
(d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by the Administrator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section: Provided, That such instructions clearly state, in a form approved by the Administrator, that the owner need not perform such inspections or recommended maintenance in order to maintain the emissions defect and emissions performance warranty or manufacturer recall liability.
(e) The manufacturer may choose to include in such instructions an explanation of any distinction between the useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the label represents the average period of use up to retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the average useful life may be included. The explanation(s) shall be in clear, non-technical language that is understandable to the ultimate purchaser.
(f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this section shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less.
(g) [Reserved]. For guidance see § 86.096-38. For incorporation by reference
(h) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor engine subject to the standards prescribed in § 86.004-10 or § 86.004-11, as applicable, the following:
(1) Instructions for all maintenance needed after the end of the useful life of the engine for critical emissions-related components as provided in § 86.004-25(b), including recommended practices for diagnosis, cleaning, adjustment, repair, and replacement of the component (or a statement that such component is maintenance free for the life of the engine) and instructions for accessing and responding to any emissions-related diagnostic codes that may be stored in on-board monitoring systems;
(2) A copy of the engine rebuild provisions contained in § 86.004-40.
The provisions of this section are applicable to heavy-duty engines subject to model year 2004 or later standards and are applicable to the process of engine rebuilding (or rebuilding a portion of an engine or engine system). The process of engine rebuilding generally includes disassembly, replacement of multiple parts due to wear, and reassembly, and also may include the removal of the engine from the vehicle and other acts associated with rebuilding an engine. Any deviation from the provisions contained in this section is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
(a) When rebuilding an engine, portions of an engine, or an engine system, there must be a reasonable technical basis for knowing that the resultant engine is equivalent, from an emissions standpoint, to a certified configuration (i.e., tolerances, calibrations, specifications) and the model year(s) of the resulting engine configuration must be identified. A reasonable basis would exist if:
(1) Parts installed, whether the parts are new, used, or rebuilt, are such that a person familiar with the design and function of motor vehicle engines would reasonably believe that the parts perform the same function with respect to emissions control as the original parts; and
(2) Any parameter adjustment or design element change is made only:
(i) In accordance with the original engine manufacturer's instructions; or
(ii) Where data or other reasonable technical basis exists that such parameter adjustment or design element change, when performed on the engine or similar engines, is not expected to adversely affect in-use emissions.
(b) When an engine is being rebuilt and remains installed or is reinstalled in the same vehicle, it must be rebuilt to a configuration of the same or later model year as the original engine. When an engine is being replaced, the replacement engine must be an engine of (or rebuilt to) a configuration of the same or later model year as the original engine.
(c) At time of rebuild, emissions-related codes or signals from on-board monitoring systems may not be erased or reset without diagnosing and responding appropriately to the diagnostic codes, regardless of whether the systems are installed to satisfy requirements in § 86.004-25 or for other reasons and regardless of form or interface. Diagnostic systems must be free of all such codes when the rebuilt engine is returned to service. Such signals may not be rendered inoperative during the rebuilding process.
(d) When conducting a rebuild without removing the engine from the vehicle, or during the installation of a rebuilt engine, all critical emissions-related components listed in § 86.004-25(b) not otherwise addressed by paragraphs (a) through (c) of this section must be checked and cleaned, adjusted, repaired, or replaced as necessary, following manufacturer recommended practices.
(e) Records shall be kept by parties conducting activities included in paragraphs (a) through (d) of this section. The records shall include at minimum the mileage and/or hours at time of rebuild, a listing of work performed on the engine and emissions-related control components including a listing of parts and components used, engine parameter adjustments, emissions-related codes or signals responded to and reset, and work performed under paragraph (d) of this section.
(1) Parties may keep records in whatever format or system they choose as long as the records are understandable to an EPA enforcement officer or can be otherwise provided to an EPA enforcement officer in an understandable format when requested.
(2) Parties are not required to keep records of information that is not reasonably available through normal business practices including information on activities not conducted by themselves or information that they cannot reasonably access.
(3) Parties may keep records of their rebuilding practices for an engine family rather than on each individual engine rebuilt in cases where those rebuild practices are followed routinely.
(4) Records must be kept for a minimum of two years after the engine is rebuilt.
Section 86.005-1 includes text that specifies requirements that differ from § 86.001-1. Where a paragraph in § 86.001-1 is identical and applicable to § 86.005-1, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.001-1.”.
(a)
(b)
(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)
(1)
(i) Emission standards for 2003 and later model year Otto-cycle heavy-duty
(ii) Emission standards for 2003 and later model year Otto-cycle complete heavy-duty vehicles, according to the provisions of § 86.1816-05, except that, for 2003 through 2006 model year Otto-cycle complete heavy-duty vehicles, manufacturers may optionally comply with the standards in either 86.005-10 or 86.1816-05.
(iii) Averaging, banking, and trading provisions that allow transfer of credits between a manufacturer's complete vehicle averaging set and their heavy-duty Otto-cycle engine averaging set, according to the provisions of § 86.1817-05(o).
(iv) On-board diagnostics requirements effective starting with the 2004 model year for Otto-cycle engines and complete vehicles, according to the provisions of §§ 86.005-17 and 86.1806-05.
(v) Refueling emissions requirements effective starting with the 2004 model year for Otto-cycle complete vehicles, according to the provisions of §§ 86.1810-01 and 86.1816-05.
(2)
(i) Emission standards for 2004 and later model year Otto-cycle heavy-duty engines, according to the provisions of § 86.005-10(f)(2).
(ii) Emission standards for 2004 and later model year Otto-cycle complete heavy-duty vehicles, according to the provisions of § 86.1816-05.
(iii) Averaging, banking, and trading provisions that allow transfer of credits between a manufacturer's complete vehicle averaging set and their heavy-duty Otto-cycle engine averaging set, according to the provisions of § 86.1817-05(o).
(iv) On-board diagnostics requirements effective starting with the 2004 model year for Otto-cycle engines and complete vehicles, according to the provisions of §§ 86.005-17 and 86.1806-05.
(v) Refueling emissions requirements effective starting with the 2004 model year for Otto-cycle complete vehicles, according to the provisions of §§ 86.1810-01 and 86.1816-05.
(3)
(i) Emission standards for 2005 and later model year Otto-cycle heavy-duty engines, according to the provisions of § 86.005-10.
(ii) Emission standards for 2005 and later model year Otto-cycle complete heavy-duty vehicles, according to the provisions of § 86.1816-05.
(iii) On-board diagnostics requirements effective starting with the 2005 model year for Otto-cycle engines and complete vehicles, according to the provisions of §§ 86.005-17 and 86.1806-05.
(iv) Refueling emissions requirements effective starting with the 2005 model year for Otto-cycle complete vehicles, according to the provisions of §§ 86.1810-01 and 86.1816-05.
(v) Manufacturers selecting this option may exempt 2005 model year Otto-cycle heavy-duty engines and vehicles whose model year commences before July 31, 2004 from the requirements in paragraphs (c)(3)(i) through (iv) of this section.
(vi) For 2005 model year engines or vehicles exempted under paragraph (c)(3)(v) of this section, a manufacturer shall certify such Otto-cycle heavy-duty engines and vehicles to all requirements in this subpart applicable to 2004 model year Otto-cycle heavy-duty engines. The averaging, banking, and trading provisions contained in § 86.000-15 remain effective for these engines.
(d) [Reserved]
(e)-(f) [Reserved]. For guidance see § 86.001-1.
Section 86.005-10 includes text that specifies requirements that differ from § 86.098-10 or § 86.099-10. Where a paragraph in § 86.098-10 or § 86.099-10 is identical and applicable to § 86.005-10, this
(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)
(B)
(C) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in § 86.098-15. If the manufacturer elects to include engine families in any of these programs, the NO
(ii)(A)
(B)
(C)
(2) The standards set forth in paragraphs (a)(1) and (f) of this section refer to the exhaust emitted over the operating schedule set forth in paragraph (f)(1) of appendix I to this part, and measured and calculated in accordance with the procedures set forth in subpart N or P of this part.
(3)(i) A manufacturer may certify one or more Otto-cycle HDE configurations intended for use in all vehicles to the emission standard set forth in paragraph (a)(1)(ii)(B) of this section: Provided, that the total model year sales of such configuration(s), segregated by fuel type, being certified to the emission standard in paragraph (a)(1)(ii)(B) of this section represent no more than five percent of total model year sales of each fuel type Otto-cycle HDE intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.
(ii) The configurations certified to the emission standards of paragraph (a)(1)(ii)(B) of this section under the provisions of paragraph (a)(3)(i) of this section shall still be required to meet the evaporative emission standards set forth in § 86.099-10(b)(1)(i), (b)(2)(i) and (b)(3)(i).
(4) The manufacturer may exempt 2005 model year HDE engine families whose model year begins before July, 31, 2004 from the requirements in this paragraph (a). Exempted engine families shall be subject to the requirements in § 86.099-10.
(5) For certification purposes, where the applicable California evaporative emission standard is as stringent or more stringent than the applicable federal evaporative emission standard, the Administrator may accept California certification test data indicating compliance with the California standard to demonstrate compliance with the appropriate federal certification evaporative emission standard. The Administrator may require the manufacturer to provide comparative test data which clearly demonstrates that a vehicle meeting the California evaporative standard (when tested under California test conditions/test procedures) will also meet the appropriate federal evaporative emission standard when tested under federal test conditions/test procedures described in this Part 86.
(b) [Reserved]. For guidance see § 86.099-10.
(c) [Reserved]. For guidance see § 86.098-10.
(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart N or P of this part to ascertain that such test engines meet the requirements of this section.
(e) [Reserved]. For guidance see § 86.099-10.
(f)
(1)
(i)
(ii)
(2)
(i)
(ii)
(a)
(2) An OBD system demonstrated to fully meet the requirements in § 86.1806-05 may be used to meet the requirements of this section, provided that the Administrator finds that a manufacturer's decision to use the flexibility in this paragraph (a)(2) is based on good engineering judgement.
(b)
(1)
(ii)
(B) If equipped with a particulate trap, catastrophic failure of the device must be detected. Any particulate trap whose complete failure results in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC (or NO
(2)
(ii)
(3) Oxygen sensors. If equipped, oxygen sensor deterioration or malfunction resulting in exhaust emissions exceeding 1.5 times the applicable standard or FEL for NMHC, NO
(4)
(5)
(6)
(7)
(c)
(d)
(e)
(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 (
(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
(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 (
(f)
(2) The following data in addition to the required freeze frame information must be made available on demand through the serial port on the standardized data link connector, if the information is available to the on-board computer or can be determined using information available to the on-board computer: Diagnostic trouble codes, engine coolant temperature, fuel control system status (closed loop, open loop, other), fuel trim, ignition timing advance, intake air temperature, manifold air pressure, air flow rate, engine RPM, throttle position sensor output value, secondary air status (upstream, downstream, or atmosphere), calculated load value, vehicle speed, and fuel pressure. The signals must be provided in standard units based on SAE specifications incorporated by reference in paragraph (h) of this section. Actual signals must be clearly identified separately from default value or limp home signals.
(3) For all OBD systems for which specific on-board evaluation tests are conducted (catalyst, oxygen sensor, etc.), the results of the most recent test performed by the vehicle, and the limits to which the system is compared must be available through the standardized data link connector per the appropriate standardized specifications as referenced in paragraph (h) of this section.
(4) Access to the data required to be made available under this section shall be unrestricted and shall not require
(g)
(h)
(1) SAE material. Copies of these materials may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001.
(i) SAE J1850 “Class B Data Communication Network Interface,” (Revised, May 2001) shall be used as the on-board to off-board communications protocol. All emission related messages sent to the scan tool over a J1850 data link shall use the Cyclic Redundancy Check and the three byte header, and shall not use inter-byte separation or check sums.
(ii) Basic diagnostic data (as specified in § 86.094-17(e) and (f)) shall be provided in the format and units in SAE J1979 “E/E Diagnostic Test Modes—Equivalent to ISO/DIS 15031-5: April 30, 2002”, (Revised, April 2002).
(iii) Diagnostic trouble codes shall be consistent with SAE J2012 “Diagnostic Trouble Code Definitions—Equivalent to ISO/DIS 15031-6: April 30, 2002”, (Revised, April 2002).
(iv) The connection interface between the OBD system and test equipment and diagnostic tools shall meet the functional requirements of SAE J1962 “Diagnostic Connector—Equivalent to ISO/DIS 15031-3: December 14, 2001” (Revised, April 2002).
(v) All acronyms, definitions and abbreviations shall be formatted according to SAE J1930 “Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms” Equivalent to ISO/TR 15031-2: April 30, 2002”, (Revised, April 2002).
(vi) All equipment used to interface, extract and display OBD-related information shall meet SAE J1978 “OBD II Scan Tool” Equivalent to ISO 15031-4: December 14, 2001”, (Revised, April 2002).
(vii) As an alternative to the above standards, heavy-duty vehicles may conform to the specifications of the SAE J1939 series of standards (SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-81).
(2) ISO materials. Copies of these materials may be obtained from the International Organization for Standardization, Case Postale 56, CH-1211 Geneva 20, Switzerland.
(i) ISO 9141-2 “Road vehicles—Diagnostic systems—Part 2: CARB requirements for interchange of digital information,” (February 1, 1994) may be used as an alternative to SAE J1850 as the on-board to off-board communications protocol.
(ii) ISO 14230-4:2000(E) “Road vehicles—Diagnostic systems—KWP 2000 requirements for Emission-related systems”, (June 1, 2000) may also be used as an alternative to SAE J1850.
(iii) ISO 15765-4.3:2001 “Road Vehicles-Diagnostics on Controller Area Network (CAN)—Part 4: Requirements for emission-related systems”, (December 14, 2001) may also be used as an alternative to SAE J1850.
(3) Beginning with the 2008 model year and beyond, ISO 15765-4.3:2001 “Road Vehicles-Diagnostics on Controller Area Network (CAN)—Part 4: Requirements for emission-related systems”, (December 14, 2001) shall be the only acceptable protocol used for standardized on-board to off-board communications for vehicles below 8500 pounds. For vehicles 8500 to 14000 pounds ISO 15765-4.3 or the SAE J1939 series of standards (SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-81). All other standardized on-board to off-board communications protocols: SAE J1850 “Class B Data Communication Network Interface,” (Revised, May 2001) in (h)(1)(i), ISO 9141-2 “Road vehicles—Diagnostic systems—Part 2: CARB requirements
(i)
(j)
(k)
This section applies to new 2007 and later model year diesel HDEs. Section 86.007-11 includes text that specifies requirements that differ from § 86.004-11. Where a paragraph in § 86.004-11 is identical and applicable to § 86.007-11, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-11.”.
(a)(1) Exhaust emissions from new 2007 and later model year diesel HDEs shall not exceed the following:
(i)
(B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NO
(ii)(A)
(B)
(iii)
(B) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel HDEs only). This does not apply for vehicles certified to the requirements of § 86.005-17
(iv)
(B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in § 86.007-15 or other applicable sections. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed 0.02 grams per brake horsepower-hour (0.0075 grams per megajoule).
(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the duty cycle specified in paragraphs (a)(2)(i) through
(i) Perform the test interval set forth in paragraph (f)(2) of Appendix I of this part with a cold-start according to 40 CFR part 1065, subpart F. This is the cold-start test interval.
(ii) Shut down the engine after completing the test interval and allow 20 minutes to elapse. This is the hot-soak.
(iii) Repeat the test interval. This is the hot-start test interval.
(iv) Calculate the total emission mass of each constituent, m, and the total work, W, over each test interval according to 40 CFR 1065.650.
(v) Determine your engine's brake-specific emissions using the following calculation, which weights the emissions from the cold-start and hot-start test intervals:
(3)
(ii) For engines not having a NO
(4)
(B) For engines not having a NO
(C) The brake-specific exhaust PM emissions in g/bhp-hr, as determined under § 86.1370-2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.5 times the applicable PM emission standards or FEL (for FELs above the standard only) specified in paragraph (a)(1) of this section, during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section.
(D) The brake-specific exhaust CO emissions in g/bhp-hr, as determined under § 86.1370-2007 pertaining to the not-to-exceed test procedures, shall not exceed 1.25 times the applicable CO emission standards or FEL specified in paragraph (a)(1) of this section, during engine and vehicle operation specified in paragraph (a)(4)(ii) of this section except as noted in paragraph (a)(4)(iii) of this section.
(ii) For each engine family, the not-to-exceed emission limits must apply during one of the following two ambient operating regions:
(A) The not-to-exceed limits apply for all altitudes less than or equal to 5,500 feet above sea-level, during all ambient conditions (temperature and
(B)(
(
(iii) For engines equipped with exhaust gas recirculation, the not-to-exceed emission limits specified in paragraph (a)(4)(i) of this section do not apply to engine or vehicle operation during cold operating conditions as specified in § 86.1370-2007(f).
(iv)
(B) Unmet requirements should not be carried over from the previous model year except where unreasonable hardware or software modifications would be necessary to correct the deficiency, and the manufacturer has demonstrated an acceptable level of effort toward compliance as determined by the Administrator. The NTE deficiency should only be seen as an allowance for minor deviations from the NTE requirements. The NTE deficiency provisions allow a manufacturer to apply for relief from the NTE emission requirements under limited conditions. EPA expects that manufacturers should have the necessary functioning emission control hardware in place to comply with the NTE.
(C) For model years 2010 through 2013, the Administrator may allow up to three deficiencies per engine family. The provisions of paragraphs (a)(4)(iv)(A) and (B) of this section apply for deficiencies allowed by this paragraph (a)(4)(iv)(C). In determining whether to allow the additional deficiencies, the Administrator may consider any relevant factors, including the factors identified in paragraph (a)(4)(iv)(A) of this section. If additional deficiencies are approved, the Administrator may set any additional conditions that he/she determines to be appropriate.
(v) The emission limits specified in paragraphs (a)(3) and (a)(4) of this section shall be rounded to the same number of significant figures as the applicable standards in paragraph (a)(1) of this section using ASTM E29-93a (Incorporated by reference at § 86.1).
(vi) Manufacturers are not required to provide engine information exclusively related to in-use testing as part of initial certification. However, upon request from EPA the manufacturers must provide the information which clearly identifies parameters defining all NTE deficiencies described under paragraph (a)(4)(iv) of this section and parameters defining all NTE limited testing regions described under § 86.1370-2007(b)(6) and (7) that are requested. When requested, deficiencies and limited testing regions must be reported for all engine families and
(b)(1) introductory text through (b)(1)(iii) [Reserved]. For guidance see § 86.004-11.
(b)(1)(iv) Operation within the NTE zone (defined in § 86.1370-2007) must comply with a filter smoke number of 1.0 under steady-state operation, or the following alternate opacity limits:
(A) A 30 second transient test average opacity limit of 4% for a 5 inch path; and
(B) A 10 second steady state test average opacity limit of 4% for a 5 inch path.
(2)(i) The standards set forth in § 86.004-11 (b)(1)(i)-(iii) refer to exhaust smoke emissions generated under the conditions set forth in subpart I of this part and measured and calculated in accordance with those procedures.
(ii) The standards set forth in paragraph (b)(1)(iv) of this section refer to exhaust smoke emissions generated under the conditions set forth in § 86.1370-2007 and calculated in accordance with the procedures set forth in § 86.1372-2007.
(b)(3) and (b)(4) [Reserved]. For guidance see § 86.004-11.
(c) No crankcase emissions shall be discharged directly into the ambient atmosphere from any new 2007 or later model year diesel HDE, with the following exception: HDEs equipped with turbochargers, pumps, blowers, or superchargers for air induction may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. Manufacturers taking advantage of this exception must manufacture the engines so that all crankcase emission can be routed into a dilution tunnel (or other sampling system approved in advance by the Administrator), and must account for deterioration in crankcase emissions when determining exhaust deterioration factors. For the purpose of this paragraph (c), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be “discharged directly into the ambient atmosphere.”
(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart I or N of this part to ascertain that such test engines meet the requirements of paragraphs (a), (b), (c), and (d) of this section.
(e) [Reserved]. For guidance see § 86.004-11.
(f) (1) Model year 2007 and later diesel-fueled heavy-duty engines and vehicles for sale in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be subject to the same standards and requirements as apply to 2006 model year diesel heavy-duty engines and vehicles, but only if the vehicle or engine bears a permanently affixed label stating:
THIS ENGINE (or VEHICLE, as applicable) CONFORMS TO US EPA EMISSION STANDARDS APPLICABLE TO MODEL YEAR 2006. THIS ENGINE (or VEHICLE, as applicable) DOES NOT CONFORM TO US EPA EMISSION REQUIREMENTS IN EFFECT AT TIME OF PRODUCTION AND MAY NOT BE IMPORTED INTO THE UNITED STATES OR ANY TERRITORY OF THE UNITED STATES EXCEPT GUAM, AMERICAN SAMOA, OR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(2) The importation or sale of such a vehicle or engine for use at any location U.S. other than Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands shall be considered a violation of section 203(a)(1) of the Clean Air Act. In addition, vehicles or vehicle engines subject to this exemption may not subsequently be imported or sold into any state or territory of the United States other than Guam, American Samoa, or Commonwealth of the Northern Mariana Islands.
(g) Phase-in options. (1) For model years 2007, 2008, and 2009, manufacturers may certify some of their engine families to the combined NO
(2)(i) Manufacturers certifying engines to all of the applicable standards listed in paragraph (a) and (c) of this section (without using credits) prior to model year 2007 may reduce the number of engines that are required to meet the standards listed in paragraph (a) of this section in model year 2007, 2008 and/or 2009, taking into account the phase-in option provided in paragraph (g)(1) of this section. For every two engines that are certified early, the manufacturer may reduce the number of engines that are required by paragraph (g)(1) of this section to meet standards listed in paragraph (a)(1) of this section by three engines. For example, if a manufacturer produces 100 heavy-duty diesel engines in 2006 that meet all of the applicable standards listed in paragraph (a) of this section, and it produced 10,000 heavy-duty diesel engines in 2007, then only 4,850 ((10,000)(0.50) − (100)(1.5)) of the engines would need to comply with the standards listed in paragraph (a) of this section.
(ii) Manufacturers certifying engines to the PM standards listed in paragraph (a), and to all of the applicable standards in paragraph (c) of this section (without using credits) prior to model year 2007 may reduce the number of engines that are required to meet the PM standard listed in paragraph (a) of this section in model year 2007, 2008 and/or 2009. For every two engines that are certified to the PM standard early, the manufacturer may reduce the number of engines that are otherwise required to meet the PM standard listed in paragraph (a)(1) of this section by three engines.
(3) Manufacturers may initially base compliance with the phase-in requirements of paragraph (g)(1) or (g)(2) of this section on projected U.S.-directed production estimates. This is allowed for model year 2007 and/or 2008. However, if a manufacturer's actual U.S. directed production volume of engines that comply with the model year 2007 NO
(4) Manufacturers certifying engines to a voluntary NO
(5) For engines certified under paragraph (g)(1) of this section to the NO
(6) Manufacturers may determine the number of engines and vehicles that are required to certify to the NO
(h)(1) For model years prior to 2012, for purposes of determining compliance after title or custody has transferred to the ultimate purchaser, for engines having a NO
(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.
Section 86.007-15 includes text that specifies requirements that differ from § 86.004-15. Where a paragraph in § 86.004-15 is identical and applicable to § 86.007-15, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-15.”
(a)-(l) [Reserved]. For guidance see § 86.004-15.
(m) The following provisions apply for model year 2007 and later engines (including engines certified during years 2007-2009 under the phase-in provisions of § 86.007-11(g)(1), § 86.005-10(a), or § 86.008-10(f)(1)). These provisions apply instead of the provisions of paragraphs § 86.004-15 (a) through (k) to the extent that they are in conflict.
(1) Manufacturers of Otto-cycle engines may participate in an NMHC averaging, banking and trading program to show compliance with the standards specified in § 86.008-10. The generation and use of NMHC credits are subject to the same provisions in paragraphs § 86.004-15 (a) through (k) that apply for NO
(2) Credits are calculated as NO
(3) NO
(4) Credits that were previously discounted when they were banked according to paragraph (c) of § 86.004-15, are subject to an additional discount factor of 0.888 instead of the 0.8 discount factor otherwise required by paragraph (m)(2) or (m)(3) of this section. This results in a total discount factor of 0.8 (0.9 × 0.888 = 0.8).
(5) For diesel engine families, the combined number of engines certified to FELs higher than 0.50 g/bhp-hr using banked NO
(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
(7) Credits are to be rounded to the nearest one-hundredth of a Megagram using ASTM E29-93a (Incorporated by reference at § 86.1).
(8) Credits generated for 2007 and later model year diesel engine families, or generated for 2008 and later model year Otto-cycle engine families are not discounted (except as specified in paragraph (m)(2) or (m)(3) of this section), and do not expire.
(9) For the purpose of using or generating credits during a phase-in of new standards, a manufacturer may elect to split an engine family into two subfamilies (e.g., one which uses credits and one which generates credits). The manufacturer must indicate in the application for certification that the engine family is to be split, and may assign the numbers and configurations of engines within the respective subfamilies at any time prior to the submission of the end-of-year report required by § 86.001-23.
(i) Manufacturers certifying a split diesel engine family to both the Phase 1 and Phase 2 standards with equally sized subfamilies may exclude the engines within that split family from end-of-year NO
(ii) Manufacturers certifying a split Otto-cycle engine family to both the Phase 1 and Phase 2 standards with equally sized subfamilies may exclude the engines within that split family from end-of-year NO
(iii) Manufacturers certifying a split engine family may label all of the engines within that family with a single NO
(iv) Notwithstanding the provisions of paragraph (m)(9)(iii) of this section, for split families, the NO
(10) For model years 2007 through 2009, to be consistent with the phase-in provisions of § 86.007-11(g)(1), credits generated from engines in one diesel engine service class (e.g., light-heavy duty diesel engines) may be used for averaging by engines in a different diesel engine service class, provided the credits are calculated for both engine families using the conversion factor and useful life of the engine family using the credits, and the engine family using the credits is certified to the standards listed in § 86.007-11(a)(1). Banked or traded credits may not be used by any engine family in a different service class than the service class of the engine family generating the credits.
Section 86.007-21 includes text that specifies requirements that differ from § 86.004-21, 86.094-21 or 86.096-21. Where a paragraph in § 86.004-21, 86.094-21 or 86.096-21 is identical and applicable to § 86.007-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-21.”, “[Reserved]. For guidance see § 86.094-21.”, or “[Reserved]. For guidance see § 86.096-21.”.
(a)-(b)(3) [Reserved]. For guidance see § 86.094-21.
(b)(4)(i) [Reserved]. For guidance see § 86.004-21.
(b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21.
(b)(5)(v)-(b)(6) [Reserved]. For guidance see § 86.004-21.
(b)(7) and (b)(8) [Reserved]. For guidance see § 86.094-21.
(b)(9) and (b)(10) [Reserved]. For guidance see § 86.004-21.
(c)-(j) [Reserved]. For guidance see § 86.094-21.
(k) and (l) [Reserved]. For guidance see § 86.096-21.
(m) and (n) [Reserved]. For guidance see § 86.004-21.
(o) For diesel heavy-duty engines, the manufacturer must provide the following additional information pertaining to the supplemental emission test conducted under § 86.1360-2007:
(1) Weighted brake-specific emissions data (
(2) For engines subject to the MAEL (see § 86.007-11(a)(3)(ii)), brake specific gaseous emission data for each of the 12 non-idle test points (identified under § 86.1360-2007(b)(1)) and the 3 EPA-selected test points (identified under § 86.1360-2007(b)(2));
(3) For engines subject to the MAEL (see § 86.007-11(a)(3)(ii)), concentrations and mass flow rates of all regulated gaseous emissions plus carbon dioxide;
(4) Values of all emission-related engine control variables at each test point;
(5) A statement that the test results correspond to the test engine selection criteria in 40 CFR 1065.401. The manufacturer also must maintain records at the manufacturer's facility which contain all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request;
(6) For engines subject to the MAEL (see § 86.007-11(a)(3)(ii)), a statement that the engines will comply with the weighted average emissions standard and interpolated values comply with the Maximum Allowable Emission Limits specified in § 86.007-11(a)(3) for the useful life of the engine where applicable. The manufacturer also must maintain records at the manufacturer's facility which contain a detailed description of all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request.
(7) [Reserved]
(p)(1) The manufacturer must provide a statement in the application for certification that the diesel heavy-duty engine for which certification is being requested will comply with the applicable Not-To-Exceed Limits specified in § 86.007-11(a)(4) when operated under all conditions which may reasonably be expected to be encountered in normal vehicle operation and use. The manufacturer also must maintain records at the manufacturers facility which contain all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request.
(2) For engines equipped with exhaust gas recirculation, the manufacturer must provide a detailed description of the control system the engine will use to comply with the requirements of § 86.007-11(a)(4)(iii) and § 86.1370-2007(f) for NTE cold temperature operating exclusion, including but not limited to the method the manufacturer will use to access this exclusion during normal vehicle operation.
(3) For each engine model and/or horsepower rating within an engine family for which a manufacturer is applying for an NTE deficiency(ies) under the provisions of § 86.007-11(a)(4)(iv), the manufacturer's application for an NTE deficiency(ies) must include a complete description of the deficiency, including but not limited to: the specific description of the deficiency; what pollutant the deficiency is being applied for, all engineering efforts the manufacturer has made to overcome the deficiency, what specific operating conditions the deficiency is being requested for (i.e., temperature ranges, humidity ranges, altitude ranges, etc.), a full description of the auxiliary emission control device(s) which will be used to maintain emissions to the lowest practical level;
(q) The manufacturer must name an agent for service of process located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part.
Section 86.007-23 includes text that specifies requirements that differ from § 86.095-23, § 86.098-23, or § 86.001-23. Where a paragraph in § 86.095-23, § 86.098-23, or § 86.001-23 is identical and applicable to § 86.007-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-23.”, “[Reserved]. For guidance see § 86.098-23.”, or “[Reserved]. For guidance see § 86.001-23.”.
(a)-(b)(1) [Reserved]. For guidance see § 86.098-23.
(b)(2) [Reserved]. For guidance see § 86.001-23.
(b)(3) and (b)(4) [Reserved]. For guidance see § 86.098-23.
(c)
(2)
(d)-(e)(1) [Reserved]. For guidance see § 86.098-23.
(e)(2) and (e)(3) [Reserved]. For guidance see § 86.001-23.
(f)-(g) [Reserved]. For guidance see § 86.095-23.
(h)-(k) [Reserved]. For guidance see § 86.098-23.
(l) [Reserved]. For guidance see § 86.095-23.
(m) [Reserved]. For guidance see § 86.098-23.
Section 86.007-25 includes text that specifies requirements that differ from § 86.094-25, § 86.098-25, or § 86.004-25. Where a paragraph in § 86.094-25, § 86.098-25, or § 86.004-25 is identical and applicable to § 86.007-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.”, “[Reserved]. For guidance see § 86.098-25.”, or “[Reserved]. For guidance see § 86.004-25.”.
(a)-(a)(2) [Reserved]. For guidance see § 86.004-25.
(b) introductory text through (b)(3)(ii) [Reserved]. For guidance see § 86.094-25.
(b)(3)(iii)-(b)(3)(v)(H) [Reserved]. For guidance see § 86.004-25.
(b)(3)(vi)(A)-(b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.
(b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see § 86.098-25.
(b)(4) introductory text through (b)(4)(iii)(C) [Reserved]. For guidance see § 86.004-25.
(b)(4)(iii)(D) Particulate trap or trap oxidizer systems including related components (adjustment and cleaning only for filter element, replacement of the filter element is not allowed during the useful life).
(b)(4)(iii)(E) [Reserved]. For guidance see § 86.004-25.
(F) Catalytic converter (adjustment and cleaning only for catalyst beds, replacement of the bed is not allowed during the useful life).
(b)(4)(iii)(G)-(b)(6) [Reserved]. For guidance see § 86.004-25.
(b)(7)-(h) [Reserved]. For guidance see § 86.094-25.
(i) Notwithstanding the provisions of § 86.004-25(b)(4)(iii) introductory text through (b)(4)(iii)(C), paragraph (b)(4)(iii)(D) of this section, § 86.004-25(b)(4)(iii)(E), paragraph (b)(4)(iii)(F) of this section, § 86.004-25(b)(4)(iii)(G), and § 86.004-25(b)(6), manufacturers of heavy-duty engines may schedule replacement or repair of particulate trap (or trap oxidizer) systems or catalytic converters (including NO
(1) The manufacturer demonstrates to the Administrator's satisfaction that the repair or replacement will be performed according to the schedule; and
(2) The manufacturer pays for the repair or replacement.
Section 86.007-35 includes text that specifies requirements that differ from § 86.095-35. Where a paragraph in § 86.095-35 is identical and applicable to § 86.007-35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-35.”.
(a) Introductory text through (a)(1)(iii)(L) [Reserved]. For guidance see § 86.095-35.
(a)(1)(iii)(M) [Reserved.]
(a)(1)(iii)(N)(
(
(
(
(2) Light-duty truck and heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions.
(i) A legible, permanent label shall be affixed in a readily visible position in the engine compartment.
(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.
(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:
(A) The label heading: Important Vehicle Information;
(B) Full corporate name and trademark of the manufacturer;
(C) Engine displacement (in cubic inches or liters), engine family identification, and evaporative/refueling family;
(a)(2)(iii)(D)-(a)(2)(iii)(E) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(F) [Reserved]
(a)(2)(iii)(G)-(a)(2)(iii)(K) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(L) [Reserved]
(a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(O)(l) For vehicles exempted from compliance with certain revised performance warranty procedures, as specified in § 86.096-21(j), a statement indicating the specific performance warranty test(s) of 40 CFR part 85, subpart W, not to be performed.
(
(
(
(a)(3) heading through (b) [Reserved]. For guidance see § 86.095-35.
(c) Vehicles powered by model year 2007 and later diesel-fueled engines must include permanent, readily visible labels on the dashboard (or instrument panel) and near all fuel inlets that state “Use Ultra Low Sulfur Diesel Fuel Only”; or “Ultra Low Sulfur Diesel Fuel Only”.
(d)-(i) [Reserved]. For guidance see § 86.095-35.
(j) The Administrator may approve in advance other label content and formats provided the alternative label contains information consistent with this section.
This section includes text that specifies requirements that differ from those specified in § 86.096-38 or § 86.004-38. Where a paragraph in § 86.096-38 or § 86.004-38 is identifical and applicable to § 86.007-38, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance
(a)-(f) [Reserved]. For guidance see § 86.004-38.
(g) [Reserved]. For guidance see § 86.096-38. For incorporation by reference see §§ 86.1 and 86.096-38.
(h) [Reserved]. For guidance see § 86.004-38.
(i) For each new diesel-fueled engine subject to the standards prescribed in § 86.007-11, as applicable, the manufacturer shall furnish or cause to be furnished to the ultimate purchaser a statement that “This engine must be operated only with ultra low-sulfur diesel fuel (meeting EPA specifications for highway diesel fuel, including a 15 ppm sulfur cap).”
Section 86.008-10 includes text that specifies requirements that differ from § 86.099-10. Where a paragraph in § 86.099-10 is identical and applicable to § 86.008-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.099-10.”.
(a)(1) Exhaust emissions from new 2008 and later model year Otto-cycle HDEs shall not exceed:
(i)(A)
(B) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the NO
(ii)(A)
(B)
(C) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the NMHC emissions ABT programs for HDEs, within the restrictions described in § 86.008-15 or § 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NMHC FEL may not exceed 0.30 grams per brake horsepower-hour. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. The NMHC FEL cap is 0.40 for model years before 2011 for manufacturers choosing to certify to the 1.5 g/bhp-hr NO
(iii)(A)
(B)
(iv)
(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)(
(
(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)(
(
(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)(
(
(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)(
(
(B) Running loss test: 0.05 grams carbon per mile.
(3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of this section refer to a composite sample of evaporative emissions collected under the conditions and measured in accordance with the procedures set forth in subpart M of this part.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and (b)(2)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.098-23(b)(4)(ii)).
(4) All fuel vapor generated in a gasoline- or methanol-fueled heavy-duty vehicle during in-use operations shall be routed exclusively to the evaporative control system (e.g., either canister or engine purge). The only exception to this requirement shall be for emergencies.
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 2008 or later model year Otto-cycle HDE.
(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart N or P of this part to ascertain that such test engines meet the requirements of this section.
(e) [Reserved]. For guidance see § 86.099-10.
(f) Phase-in options. (1)(i) For model year 2008, manufacturers may certify some of their engine families to the exhaust standards applicable to model year 2007 engines under § 86.005-10, in lieu of the exhaust standards specified in this section. These engines must comply with all other requirements applicable to model year 2008 engines, except as allowed by paragraph (f)(1)(ii) of this section. The combined number of engines in the engine families certified to the 2007 combined NO
(ii) For model year 2008, manufacturers may certify some of their engine families to the evaporative standards applicable to model year 2007 engines under § 86.005-10, in lieu of the standards specified in this section. These engines must comply with all other requirements applicable to model year 2008 engines, except as allowed by paragraph (f)(1)(i) of this section. The combined number of engines in the engine families certified to the 2007 standards may not exceed 50 percent of the manufacturer's U.S.-directed production of heavy-duty Otto-cycle motor vehicle engines for model year 2008.
(2)(i) Manufacturers certifying engines to all of the applicable exhaust standards listed in paragraph (a) of this
(ii) Manufacturers certifying engines to all of the applicable evaporative standards listed in paragraph (b) of this section prior to model year 2008 may reduce the number of engines that are required to meet the evaporative standards listed in paragraph (a) of this section in model year 2008 and/or 2009, taking into account the phase-in option provided in paragraph (f)(1) of this section. For every engine that is certified early, the manufacturer may reduce the number of engines that are required by paragraph (f)(1) of this section to meet evaporative standards listed in paragraph (b) of this section by one engine.
(3) Manufacturers certifying engines to a voluntary NO
(g) For model years prior to 2012, for purposes of determining compliance after title or custody has transferred to the ultimate purchaser, for engines having a NO
(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:
(a)(1) After granting a request for a hearing under § 86.084-22, § 86.084-30(b), or § 86.084-30(c), the Administrator shall designate a Presiding Officer for the hearing.
(2) The General Counsel will represent the Environmental Protection Agency in any hearing under this section.
(3) If a time and place for the hearing have not been fixed by the Administrator under § 86.084.22, § 86.084-30(b), or § 86.084-30(c), the hearing shall be held as soon as practicable at a time and place fixed by the Administrator or by the Presiding Officer.
(4) In the case of any hearing requested pursuant to § 86.078-30(c)(5)(i), the Administrator may in his discretion direct that all argument and presentation of evidence be concluded within such fixed period not less than 30 days as he may establish from the date that the first written offer of a hearing is made to the manufacturer. To expedite proceedings, the Administrator may direct that the decision of the Presiding Officer (who may, but need not be the Administrator himself) shall be the final EPA decision.
(b)(1) Upon his appointment pursuant to paragraph (a) of this section, the Presiding Officer will establish a hearing file. The file shall consist of the notice issued by the Administrator under § 86.084-22, § 86.084-30(b), or § 86.084-30(c) together with any accompanying material, the request for a hearing and the supporting data submitted therewith, and all documents relating to the request for certification and all documents submitted therewith, and correspondence and other data material to the hearing.
(2) The hearing file will be available for inspection by the applicant at the office of the Presiding Officer.
(c) An applicant may appear in person, or may be represented by counsel or by any other duly authorized representative.
(d)(1) The Presiding Officer upon the request of any party, or in his discretion, may arrange for a prehearing conference at a time and place specified by him to consider the following:
(i) Simplification of the issues;
(ii) Stipulations, admissions of fact, and the introduction of documents;
(iii) Limitation of the number of expert witnesses;
(iv) Possibility of agreement disposing of all or any of the issues in dispute;
(v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.
(2) The results of the conference shall be reduced to writing by the Presiding Officer and made part of the record.
(e)(1) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence.
(2) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of title 18 U.S.C. 1001 which imposes penalties for knowingly making false statements or representations, or using false documents in any matter within the jurisdiction of any department or agency of the United States.
(3) Any witness may be examined or cross-examined by the Presiding Officer, the parties, or their representatives.
(4) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.
(5) All written statements, charts, tabulations, and similar data offered in evidence at the hearings shall, upon a showing satisfactory to the Presiding Officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute a part of the record.
(6) Oral argument may be permitted in the discretion of the Presiding Officer and shall be reported as part of the record unless otherwise ordered by him.
(f)(1) The Presiding Officer shall make an initial decision which shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the Administrator without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed.
(2) On appeal from or review of the initial decision the Administrator shall have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administrator shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the appeal or considered in the review.
Where possible a manufacturer should include in a single application for certification all vehicles (or engines) for which certification is required. A manufacturer may, however, choose to apply separately for certification of part of his product line. The selection of test vehicles (or test engines) and the computation of test results will be determined separately for each application.
(a) If a manufacturer proposes to add to his product line a vehicle (or engine) of the same engine-system combination as vehicles (or engines) previously certified but which was not described in the application for certification when the test vehicle(s) (or test engine(s)) representing other vehicles (or engines) of that combination was certified, he shall notify the Administrator. Such notification shall be in advance of the addition unless the manufacturer elects to follow the procedure described in § 86.079-34. This notification shall include a full description of the vehicle (or engine) to be added.
(b) The Administrator may require the manufacturer to perform such tests on the test vehicle(s) (or test engine(s)) representing the vehicle (or engine) to be added which would have been required if the vehicle (or engine) had been included in the original application for certification.
(c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under § 86.079-29, the Administrator determines that the test vehicle(s) or test engine(s) meets all applicable standards, the appropriate certificate will be amended accordingly. If the Administrator determines that the test vehicle(s) (or test engine(s)) does not meet applicable standards, he will proceed under § 86.079-30(b).
(a) The manufacturer shall notify the Administrator of any change in production vehicles (or production engines) in respect to any of the parameters listed in § 86.079-24(a)(3), § 86.079-24(b)(1)(iii), § 86.079-24(b)(2) (iii) or § 86.079-24(b)(3)(iii) as applicable, giving a full description of the change. Such notification shall be in advance of the change unless the manufacturer elects to follow the procedure described in § 86.079-34.
(b) Based upon the description of the change, and data derived from such testing as the Administrator may require or conduct. The Administrator will determine whether the vehicle (or engine), as modified, would still be covered by the certificate of conformity then in effect.
(c) If the Administrator determines that the outstanding certificate would cover the modified vehicles (or engines) he will notify the manufacturer in writing. Except as provided in § 86.079-34 the change may not be put into effect prior to the manufacturer's receiving this notification. If the Administrator determines that the modified vehicles (or engines) would not be covered by the certificate then in effect, the modified vehicles (or engines) shall be treated as additions to the product line subject to § 86.079-32.
(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.
(a) The manufacturer shall provide to the Administrator, no later than the time of the submission required by § 86.079-23, a copy of the maintenance instructions which the manufacturer proposes to supply to the ultimate purchaser in accordance with § 86.079-38(a). The Administrator will review such instructions to determine whether they are reasonable and necessary to assure the proper functioning of the vehicle's (or engine's) emission control systems. The Administrator will notify the manufacturer of his determination whether such instructions are reasonable and necessary to assure the proper functioning of the emission control systems.
(b) Any revision to the maintenance instructions which will affect emissions shall be supplied to the Administrator at least 30 days before being supplied to the ultimate purchaser unless the Administrator consents to a lesser period of time.
(a)(1) The Administrator will determine which of the following certification procedures (paragraph (a)(3) or (a)(4) of this section) may be used to demonstrate compliance for each heavy-duty engine, light-duty vehicle, and light-duty truck engine family for which certification is sought.
(2) The families selected for the procedure described in paragraph (a)(3) of this section will be subject to this procedure at the option of the manufacturer.
(3) The following provisions apply to those heavy-duty engine, light-duty vehicle, and light-duty truck engine families which the Administrator has specified may be subject to the abbreviated certification review procedure.
(i) The manufacturer shall satisfy all applicable requirements of part 86 necessary to demonstrate compliance with the applicable standards for each class of new motor vehicles or new motor vehicle engines for which certification is sought.
(ii) As specifically allowed by the Administrator, the manufacturer shall assume the responsibility for part or all of the decisions applicable to the family for which certification is sought and which are within the jurisdiction of the Administrator, with the exception that the Administrator will determine whether a test vehicle, or test engine, has met the applicable emission standards.
(iii) The manufacturer shall maintain, update, and correct all records and information required.
(iv) The Administrator may review a manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator.
(v) At the Administrator's request, the manufacturer shall notify the Administrator of the status of the certification program including projected schedules of those significant accomplishments specified by the Administrator.
(vi) The manufacturer shall permit the Administrator to inspect any facilities, records, and vehicles from which data are obtained under the abbreviated certification review procedure.
(vii) Upon completing all applicable requirements of part 86, the manufacturer shall submit a separate application for a certificate of conformity for each set of standards and each class of new motor vehicles or new motor vehicle engines for which certification is sought. Such application shall be made in writing to the Administrator by the manufacturer.
(A) The Administrator may approve or disapprove, in whole or in part, an application for certification according to the procedures specified in § 86.080-22(b).
(B) If, after a review of the application for certification, test reports and data submitted by the manufacturer, data obtained during an inspection, and any other pertinent data or information, the Administrator determines that a test vehicle(s) or test engine(s) has not met the requirements of the Act and the applicable subpart, he will notify the manufacturer in writing and set forth the reason(s) for the determination as specified in § 86.080-22(c).
(4) Those families which are to be subjected to the complete EPA review procedure will follow the procedures specified in this subpart with the exception of § 86.080-12(a)(3).
(b) The manufacturer may request that an engine family be subject to the abbreviated certification review procedure.
(c) The Administrator may require that an engine family previously allowed to be subject to the abbreviated certification review procedure be transferred to the complete review procedure.
(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:
(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.
(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.
(a) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle (or engine) under § 86.079-32 or a change in a vehicle (or engine) under § 86.079-33, notify the Administrator concurrently with making an addition of a vehicle or a change in a vehicle, if the manufacturer determines that following the change all vehicles (or engines) effected by the addition or change will still meet the applicable emission standards. Such notification shall include a full description of the addition or change and any supporting documentation the manufacturer may desire to include to support the manufacturer's determination. The manufacturer's determination that the addition or change does not cause noncompliance shall be based on an engineering evaluation of the addition or change and/or testing.
(b) The Administrator may require that additional emission testing be performed to support the manufacturers original determination submitted in paragraph (a) of this section. If additional testing is required the Administrator shall proceed as in § 86.079-32 (b)
(c) Election to produce vehicles (or engines) under this section will be deemed to be a consent to recall all vehicles (or engines) which the Administrator determines under § 86.079-32(c) do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner.
The definitions in § 86.082-2 remain effective. The definitions listed in this section apply beginning with the 1984 model year.
(1) For manual transmission code light-duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged and with the air conditioning system, if present, turned off. For automatic transmission code light-duty trucks, curb-idle means the engine speed with the automatic transmission in the Park position (or Neutral position if there is no Park position), and with the air conditioning system, if present, turned off.
(2) For manual transmission code heavy-duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy-duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. (Measured idle speed may be used in lieu of curb-idle speed for the emission tests when the difference between measured idle speed and curb idle speed is sufficient to cause a void test under 40 CFR 1065.530 but not sufficient to permit adjustment in accordance with 40 CFR part 1065, subpart E.
(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.
(a) For light-duty vehicles a period of use of 5 years or 50,000 miles, whichever first occurs.
(b)(1) For a light-duty truck engine family or heavy-duty engine family, the average period of use up to engine retirement or rebuild, whichever occurs first, as determined by the manufacturer under § 86.084-21(b)(4)(ii)(B).
(2) For a specific light-duty truck or heavy-duty engine, the period of use represented by the first occurring of the following:
(i) The engine reaches the point of needing to be rebuilt, according to the criteria established by the manufacturer under § 86.084-21(b)(4)(ii)(C), or
(ii) The engine reaches its engine family's useful life.
(3) If the useful life of a specific light-duty truck or heavy-duty engine is found to be less than 5 years or 50,000 miles (or the equivalent), the useful life shall be a period of use of 5 years or 50,000 miles (or the equivalent), whichever occurs first, as required by section 202(d)(2) of the Act.
(4) For purpose of identification this option shall be known as the average useful-life period.
(c)(1) As an option for a light-duty truck engine family, a period of use of 12 years or 130,000 miles, whichever occurs first.
(2) As an option for a gasoline heavy-duty engine family, a period of use of 10 years or 120,000 miles, whichever occurs first.
(3) As an option for a diesel heavy-duty engine family, a period of use of 10 years or 120,000 miles, whichever occurs first, for engines certified for use in vehicles of less than 19,500 pounds GVWR; a period of use of 10 years or 200,000 miles, whichever occurs first, for engines certified for use in vehicles of 19,501-26,000 pounds GVWR; or, a period of use of 10 years or 275,000 miles, whichever occurs first, for engines certified for use in vehicles whose GVWR exceeds 26,000 pounds.
(4) As an option for both light-duty truck and heavy-duty engine families, an alternate full-life value assigned by the Administrator under § 86.084-21(b)(4)(ii)(B)(
(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
(7) The assigned useful-life period options, as detailed in paragraphs (c)(1) through (c)(6) of this section, are applicable for the 1984 model year only.
(d)(1) As an option for the 1984 model year and for the 1984 model year only, the useful life of light-duty trucks and heavy-duty engine families may be defined as prescribed in § 86.077-2.
(2) For purpose of identification this option shall be known as the half-life useful-life option.
(a)
Section 86.077-6 applies to the 1977 and subsequent model years until superseded. If a § 86.080-6 is promulgated it would take effect with the 1980 model year; § 86.077-6 would not apply after the 1979 model year. Section 86.077-10 would be replaced by § 86.078-10 beginning with the 1978 model year.
(2) Where a section still in effect references a section that has been superseded, the reference shall be interpreted to mean the superseding section.
(b) A section reference without a model year suffix refers to the section applicable for the appropriate model year.
(c)
The definitions of § 86.084-2 remain effective. The definitions listed in this section apply beginning with the 1985 model year.
(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.
(a) For light-duty vehicles a period of use of 5 years or 50,000 miles, whichever first occurs.
(b) For a light-duty truck engine family, a period of use of 11 years or 120,000 miles, whichever occurs first.
(c) For a gasoline-fueled heavy-duty engine family (and in the case of evaporative emission regulations, for gasoline-fueled heavy-duty vehicles), a period of use of 8 years or 110,000 miles, whichever first occurs.
(d) For a diesel heavy-duty engine family:
(1) For light heavy-duty diesel engines, a period of use of 8 years or 110,000 miles, whichever first occurs.
(2) For medium heavy-duty diesel engines, a period of use of 8 years or 185,000 miles, whichever first occurs.
(3) For heavy heavy-duty diesel engines, a period of use of 8 years or 290,000 miles, whichever first occurs.
(e) As an option for both light-duty truck and heavy-duty engine families, an alternative useful life period assigned by the Administrator under the provisions of paragraph (f) of § 86.085-21.
(f) The useful-life period for purposes of the emissions defect warranty and emissions performance warranty shall be a period of 5 years/50,000 miles whichever first occurs, for light-duty trucks, gasoline heavy-duty engines, and light heavy-duty diesel engines. For all other heavy-duty diesel engines the aforementioned period is 5 years/100,000 miles, whichever first occurs. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family.
(a) An incomplete truck less than 8,500 pounds gross vehicle weight rating shall be classified by the manufacturer as a light-duty truck or as a heavy-duty vehicle. Incomplete light-duty trucks shall be described in the manufacturer's application for certification. The frontal area and curb weight used for certification purposes shall be specified on the label required in § 86.085-35(d). Incomplete heavy-duty trucks must be labeled as required in § 86.085-35(e) and § 86.085-35(g).
(b) [Reserved]
(a) Any manufacturer obtaining certification under this part shall supply to the Administrator, upon request, a reasonable number of production vehicles (or engines) selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmission offered and typical of production models available for sale under the certificate. These vehicles (or engines) shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. Heavy-duty engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer.
(b)(1) Any manufacturer of light-duty vehicles or light-duty trucks obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of vehicles domestically produced for sale in the United States and the number of vehicles produced and imported for sale in the United States during the preceding year. Such information shall also include the number of vehicles produced for sale pursuant to § 88.204-94(b) of this chapter. A manufacturer may elect to provide this information every 60 days instead of yearly by combining it with the notification required under § 86.079-36. The notification must be submitted 30 days after the close of the reporting period. A manufacturer may combine the information required under § 86.1712(b) with the information included in paragraphs (b)(1) (i) through (iv) of this section into the report required under this section. The vehicle production information required shall be submitted as follows:
(i) Total production volume expressed in terms of units produced;
(ii) Model type production volume, expressed for each model type in terms of units produced and as a percentage of total production;
(iii) Base level production volume, expressed for each base level in terms of units produced and as percentage of:
(A) Total production of its respective model type(s), and
(B) Total production; and
(iv) Vehicle configuration production volume, expressed for each vehicle configuration in terms of units produced, and as a percentage of the total production of its respective base level. In addition, each vehicle configuration shall be identified by its appropriate engine-system combination.
(2) All light-duty vehicles and light-duty trucks covered by a certificate of conformity under § 86.082-30(a) shall be adjusted by the manufacturer to the ignition or injection timing specification detailed in § 86.079-36(a)(1)(iii)(D).
(c) Any heavy-duty engine or gasoline-fueled heavy-duty vehicle manufacturer obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of engines or vehicles of such engine family-evaporative emission family-engine displacement-exhaust emission control system-fuel system combination produced for sale in the United States during the preceding year.
(d) The following definitions apply to this section:
(1)
(2)
(3)
At 62 FR 31233, June 6, 1997, § 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.
(a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.087-8, § 86.087-9, § 86.087-10, or § 86.087-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.087-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. For light-duty vehicle manufacturers optionally complying with § 86.087-25(a) for the 1987 model year, the Administrator approves any scheduled maintenance allowed by § 86.087-25(a) as being reasonable and necessary.
(1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language.
(2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions.
(b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under § 86.087-25 (or under § 86.085-25(a), for light-duty vehicle families optionally complying with that section for the 1987 model year).
(c) Scheduled emission-related maintenance in addition to that performed under § 86.087-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.087-25(b).
(d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by the Administrator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section:
(e) If the vehicle has been granted an alternative useful life period under the provisions of § 86.087-21(f), the manufacturer may choose to include in such instructions an explanation of the distinction between the alternative useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the label represents the average period of use up to retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the average useful life may be included. The explanation(s) shall be in clear, non-technical language that is understandable to the ultimate purchaser.
(f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this section shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less.
The definitions in § 86.085-2 remain effective. The definitions in this section apply beginning with the 1988 model year.
The definitions in § 86.088-2 remain effective. The definitions in this section apply beginning with the 1990 model year.
(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.
(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,
(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.
(a) The abbreviations in § 86.078-3 remain effective. The abbreviations in this section apply beginning with the 1990 model year.
(b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, M, N, and P of this part, and have the following meanings:
(a)(1) Every new motor vehicle (or new motor vehicle engine) manufactured for sale, sold, offered for sale, introduced, or delivered for introduction to commerce, or imported into the United States for sale or resale which is subject to any of the standards prescribed in this subpart shall be covered by a certificate of conformity issued pursuant to §§ 86.090-21, 86.090-22, 86.090-23, 86.090-29, 86.090-30, 86.079-31, 86.079-32, 86.079-33, and 86.082-34.
(2) No heavy-duty vehicle manufacturer shall take any of the actions specified in section 203(a)(1) of the Act with respect to any Otto-cycle or diesel heavy-duty vehicle which uses an engine which has not been certified as meeting applicable standards.
(3) Notwithstanding paragraphs (a) (1) and (2) of this section, a light or heavy duty motor vehicle equipped with an engine certified to the nonroad provision of 40 CFR part 89 may be sold, offered for sale or otherwise introduced into commerce by a motor vehicle manufacturer to a secondary manufacturer if the motor vehicle manufacturer obtains written assurance from the secondary manufacturer that such vehicle will be converted to a nonroad vehicle or to a piece of nonroad equipment, as defined in 40 CFR part 89, before title is transferred to an ultimate purchaser. Failure of the secondary manufacturer to convert such vehicles to nonroad vehicles or equipment prior to transfer to an ultimate purchaser shall be considered a violation of section 203(a) (1) and (3) of the Clean Air Act.
(b)(1) Any system installed on or incorporated in a new motor vehicle (or new motor vehicle engine) to enable such vehicle (or engine) to conform to standards imposed by this subpart.
(i) Shall not in its operation or function cause the emission into the ambient air of any noxious or toxic substance that would not be emitted in the operation of such vehicle (or engine) without such system, except as specifically permitted by regulation; and
(ii) Shall not in its operation, function or malfunction result in any unsafe condition endangering the motor vehicle, its occupants, or persons or property in close proximity to the vehicle.
(2) In establishing the physically adjustable range of each adjustable parameter on a new motor vehicle (or new motor vehicle engine), the manufacturer shall ensure that, taking into consideration the production tolerances, safe vehicle driveability characteristics are available within that range, as required by section 202(a)(4) of the Clean Air Act.
(3) Every manufacturer of new motor vehicles (or new motor vehicle engines)
(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)
(B)
(ii)
(iii)
(iv)
(B) A manufacturer may elect to include all or some of its diesel light-duty vehicle engine families in the appropriate particulate averaging program (petroleum or methanol), provided that vehicles produced for sale in California or in designated high-altitude areas may be averaged only within each of these areas. Averaging is not permitted between fuel types. If the manufacturer elects to average light-duty vehicles and light-duty trucks together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks included in the average and is calculated as defined in § 86.090-2.
(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures.
(b) Fuel evaporative emissions from 1990 and later model year light-duty vehicles shall not exceed (compliance with these standards is optional for l990 model year methanol-fueled engines):
(1)
(2)
(3) The standards set forth in paragraphs (b) (1) and (2) of this section refers to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1990 and later model year Otto-cycle or methanol-fueled diesel light-duty vehicle.
(d)-(f) [Reserved]
(g) Any 1990 and later model year light-duty vehicle that a manufacturer wishes to certify for sale shall meet the emission standards under both low- and high-altitude conditions as specified in § 86.082-2, except as provided in paragraphs (h) and (i) of this section. Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. Any emission control device used to meet emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.
(h) The manufacturer may exempt 1990 and later model year vehicles from compliance at high altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles are not intended for sale at high altitude and if the requirements of paragraphs (h) (1) and (2) of this section are met.
(1) A vehicle configuration shall only be considered eligible for exemption under paragraph (h) of this section if the requirements of either paragraph
(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)
(C) The exemption line is then defined by the equation, N/V=C(0.84 D/W)
(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)
(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349, or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.
(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (h)(1)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 miles per hour to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:
(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.
(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicle configurations which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (h)(1)(iii)(A) of this section.
(iv) In lieu of performing the test procedure of paragraphs (h)(1)(iii) (A) and (B) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.
(2) A vehicle shall only be considered eligible for exemption under this paragraph if at least one configuration of its model type (and transmission configuration in the case of vehicles equipped with manual transmissions,
(i) Another corresponding non-exempt configuration(s) receive(s) coverage under the Certificate; or
(ii) Suspension of the Certificate as it applies to the corresponding non-exempt configuration(s) is terminated; or
(iii) The Agency's action(s), with respect to suspension, revocation, voiding or withdrawal of the Certificate as it applies to the corresponding non-exempt configuration(s), is reversed.
(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h) of this section will be considered a violation of Section 203(a)(1) of the Clean Air Act.
(i)(1) The manufacturers may exempt 1990 and later model year vehicles from compliance at low altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles:
(i) Are not intended for sale at low altitude; and
(ii) Are equipped with a unique, high-altitude axle ratio (rear-wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel drive vehicles) with a higher N/V ratio than other configurations of that model type which are certified in compliance with the emission standards of paragraphs (a) and (b) of this section under low-altitude conditions.
(2) The sale of a vehicle for principal use at low altitude that has been exempted as set forth in paragraph (h)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.
(a) The Administrator may, on the basis of written application by a manufacturer, prescribe test procedures, other than those set forth in this part, for any light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle which the Administrator determines is not susceptible to satisfactory testing by the procedures set forth in this part.
(b) If the manufacturer does not submit a written application for use of special test procedures but the Administrator determines that a light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle is not susceptible to satisfactory testing by the procedures set forth in this part, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection in accordance with the provisions of § 86.090-22(c).
The definitions of § 86.090-2 remain effective. The definitions listed in this section apply beginning with the 1991 model year.
(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)
(A) Identification and description of all certification vehicles (or certification engines) for which testing is required under this subpart.
(B) A description of all emission control systems which are installed on or incorporated in each certification vehicle (or certification engine).
(C) A description of all procedures used to test each such certification vehicle (or certification engine).
(ii) A properly filed application for certification, following the format prescribed by the US EPA for the appropriate model year, fulfills each of the requirements of this paragraph (a)(1).
(2)
(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 (
(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
(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;
(b) The manufacturer of any new motor vehicle (or new motor vehicle engine) subject to any of the standards prescribed in this subpart shall submit to the Administrator at the time of issuance by the manufacturer copies of all instructions or explanations regarding the use, repair, adjustment, maintenance, or testing of such vehicle (or engine) relevant to the control of crankcase, exhaust or evaporative emissions, as applicable, issued by the manufacturer for use by other manufacturers, assembly plants, distributors, dealers, and ultimate purchasers,
(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;
(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
(7) Any engine family using NCPs must comply with the provisions established in the NCP program provided by 40 CFR part 86, subpart L.
(8) Any manufacturer, producing an engine family participating in trading using reserved credits, shall maintain the following records on a quarterly basis for each engine family in the trading subclass:
(i) The engine family,
(ii) The averaging set,
(iii) The actual quarterly and cumulative U.S. production volumes,
(iv) The value required to calculate credits as given in § 86.091-15,
(v) The resulting type [NO
(vi) How and where credit surpluses are dispersed, and
(vii) How and through what means credit deficits are met.
(d)(1) Any manufacturer who has applied for certification of a new motor vehicle (or new motor vehicle engine) subject to certification test under this subpart shall admit or cause to be admitted any EPA Enforcement Officer or any EPA authorized representative during operating hours on presentation of credentials to any of the following:
(i) Any facility where any such tests or any procedures or activities connected with such test are or were performed.
(ii) Any facility where any new motor vehicle (or new motor vehicle engine) which is being, was, or is to be tested is present.
(iii) Any facility where any construction process or assembly process used in the modification or build up of such a vehicle (or engine) into a certification vehicle (or certification engine) is taking place or has taken place.
(iv) Any facility where any record or other document relating to any of the above is located.
(v) Any facility where any record or other document relating to the information specified in paragraph (c) of this section is located.
(2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:
(i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment;
(ii) To inspect and make copies of any such records, designs, or other documents, including those records specified in paragraph (c) of this section; and
(iii) To inspect and/or photograph any part or aspect of any such certification vehicle (or certification engine) and any components to be used in the construction thereof.
(3) In order to allow the Administrator to determine whether or not production motor vehicles (or production motor vehicle engines) conform to the conditions upon which a certificate of conformity has been issued, or conform in all material respects to the design specifications which applied to those vehicles (or engines) described in the application for certification for which a certificate of conformity has been issued to standards prescribed under section 202 of the Act, any manufacturer shall admit any EPA Enforcement Officer or any EPA authorized representative on presentation of credentials to both:
(i) Any facility where any document, design, or procedure relating to the translation of the design and construction of engines and emission related components described in the application for certification or used for certification testing into production vehicles (or production engines) is located or carried on;
(ii) Any facility where any motor vehicles (or motor vehicle engines) to be introduced into commerce are manufactured or assembled; and
(iii) Any facility where records specified in paragraph (c) of this section are located.
(4) On admission to any such facility referred to in paragraph (d)(4) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:
(i) To inspect and monitor any aspects of such manufacture or assembly and other procedures;
(ii) To inspect and make copies of any such records, documents or designs;
(iii) To inspect and photograph any part or aspect of any such new motor vehicles (or new motor vehicle engines) and any component used in the assembly thereof that are reasonably related to the purpose of his entry; and
(iv) To inspect and make copies of any records and documents specified in paragraph (c) of this section.
(5) Any EPA Enforcement Officer or EPA authorized representative shall be furnished by those in charge of a facility being inspected with such reasonable assistance as he may request to help him discharge any function listed in this paragraph. Each applicant for or recipient of certification is required to cause those in charge of a facility operated for its benefit to furnish such reasonable assistance without charge to EPA whether or not the applicant controls the facility.
(6) The duty to admit or cause to be admitted any EPA Enforcement Officer or EPA authorized representative applies whether or not the applicant owns or controls the facility in question and applies both to domestic and to foreign manufacturers and facilities. EPA will not attempt to make any inspections which it has been informed that local law forbids. However, if local law makes it impossible to do what is necessary to insure the accuracy of data generated at a facility, no informed judgment that a vehicle or engine is certifiable or is covered by a certificate can properly be based on those data. It is the responsibility of the manufacturer to locate its testing and manufacturing facilities in jurisdictions where this situation will not arise.
(7) For purposes of this paragraph:
(i)
(ii) Where vehicle, component, or engine storage areas or facilities are concerned,
(iii) Where facilities or areas other than those covered by paragraph (d)(7)(ii) of this section are concerned,
(iv)
(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
(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
(f) A manufacturer shall permit EPA Enforcement Officers or EPA authorized representatives who present a warrant or court order as described in paragraph (e) of this section to conduct activities related to entry and access as authorized in this section and as described in the warrant or court order. The manufacturer shall cause those in charge of its facility or facility operated for its benefit to permit EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section pursuant to a warrant or court order whether or not the manufacturer controls the facility. In the absence of such a warrant or court order, EPA Enforcement Officers or EPA authorized representatives may conduct activities related to entry and access as authorized in this section only upon the consent of the manufacturer or the party in charge of the facilities in question.
(g) It is not a violation of this part or the Clean Air Act for any person to refuse to permit EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section without a warrant or court order.
(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)
(B)
(
(C)
(
(
(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)
(B)
(
(C)
(
(
(iii) For
(A)
(B)
(
(C)
(
(iv) For
(A)
(B)
(
(C)
(
(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)
(B)
(
(C)
(
(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)
(B)
(
(C)
(
(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:
(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)
(1)
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs, 4.0 grams per test.
(2)
(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
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and (b)(2)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1991 or later model year Otto-cycle heavy-duty engine.
(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart N or P of this part to ascertain that such test engines meet the requirements of paragraphs (a) and (c) of this section.
(a)(1) Paragraph (a) of this section applies to light-duty vehicles and light-duty trucks.
(2) The Administrator may require that any one or more of the test vehicles be submitted to him, at such place or places as he may designate, for the purposes of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.
(3)(i) Whenever the Administrator conducts a test segment on a test vehicle, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the vehicle at the prescribed test point and the manufacturer's data for that test segment for that prescribed test point shall not be used in determining compliance with emission standards (or family emission limits, as appropriate). The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.
(ii) Whenever the Administrator does not conduct a test on a test vehicle at a test point, the manufacturer's test data will be accepted as the official data for that point:
(iii)(A)(
(
(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:
(
(
(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
(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:
(iii)(A)(
(
(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:
(
(
(iv) If sufficient durability data are not available at the time of any emission test conducted under paragraph (b)(2) of this section to enable the Administrator to determine whether an emission-data engine would fail, the manufacturer may request a retest in accordance with the provisions of paragraph (b)(3)(iii)(B) (1) and (2) of this section. If the manufacturer does not promptly make such request, he shall be deemed to have waived the right to a retest. A request for retest must be made before the manufacturer removes the engine from the test premises.
(c)(1) Paragraph (c) of this section applies to gasoline-fueled and methanol-fueled heavy-duty vehicles.
(2) The Administrator may require that any one or more of the evaporative emission family-system combinations included in the manufacturer's statement(s) of compliance be installed on an appropriate vehicle and such vehicle be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.
(3)(i) Whenever the Administrator conducts a test segment on an evaporative emission family-system combination, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the evaporative emission family-system combination, and the manufacturer's data, analyses, etc., for that test segment shall not be used in determining compliance with emission standards. The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.
(ii) Whenever the Administrator does not conduct a test on an evaporative emission family-system combination, the manufacturer's test data will be accepted as the official data:
The definitions of § 86.091-2 remain effective. The definitions listed in this section apply beginning with the 1992 model year.
(a)
(b)
(c)
(d)
The definitions of § 86.092-2 continue to apply. The definitions listed in this section apply beginning with the 1993 model year.
(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,
(b)
(c)-(d) [Reserved]
(e)
(f)
(2) Measurement procedures, other than that described in subpart I of this part, may be used by the manufacturer provided the manufacturer satisfies the requirements of § 86.091-23(f).
(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I of this part. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements for subpart I of this part.
(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with data obtained in accordance with the procedures described in subpart I of this part, EPA may require that all certificates of conformity not already issued be based on data obtained from procedures described in subpart I of this part.
The definitions of § 86.093-2 remain effective. The definitions listed in this section are effective beginning with the 1994 model year.
(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.
(a) For light-duty vehicles, and for model year 1994 and later light light-duty trucks not subject to the Tier 0 standards of paragraph (a) of § 86.094-9, intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9.
(b) For light light-duty trucks subject to the Tier 0 standards of paragraph (a) of § 86.094-9, and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first.
(c) For an Otto-cycle heavy-duty engine family, a period of use of 8 years or 110,000 miles, whichever first occurs.
(d) For a diesel heavy-duty engine family:
(1) For light heavy-duty diesel engines, period of use of 8 years or 110,000 miles, whichever first occurs.
(2) For medium heavy-duty diesel engines, a period of use of 8 years or 185,000 miles, whichever first occurs.
(3) For heavy-duty diesel engines, a period of use of 8 years or 290,000 miles, whichever first occurs, except as provided in paragraph (d)(4) of this definition.
(4) for heavy heavy-duty diesel engines used in urban buses, for the particulate standard, a period of use of 10 years or 290,000 miles, whichever first occurs.
(e) As an option for both light-duty trucks under certain conditions and heavy-duty engine families, an alternative useful life period assigned by the Administrator under the provisions of paragraph (f) of § 86.094-21.
(f) The useful-life period for purposes of the emissions defect warranty and emissions performance warranty shall be a period of 5 years/50,000 miles, whichever first occurs, for light-duty trucks, Otto-cycle heavy-duty engines and light heavy-duty diesel engines. For all other heavy-duty diesel engines the aforementioned period is 5 years/100,000 miles, whichever first occurs. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family.
(a) The abbreviations in § 86.090-3 remain effective. The abbreviations in this section apply beginning with the 1994 model year.
(b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, H, M, N and P of this part, and have the following meanings:
Section 86.094-7 includes text that specifies requirements that differ from § 86.091-7. Where a paragraph in § 86.091-7 is identical and applicable to § 86.094-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” Where a corresponding paragraph of § 86.091-7 is not applicable, this is indicated by the statement “[Reserved].”
(a) Introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7.
(a)(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of eight (8) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided, that in every case all the information contained in the hard copy shall be retained.
(b)-(c)(2) [Reserved]. For guidance see § 86.091-7.
(c)(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained.
(c)(4)-(d)(1)(v) [Reserved]. For guidance see § 86.091-7.
(d)(1)(vi) Any facility where any record or other document relating to the information specified in paragraph (h) of this section is located.
(2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:
(i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment;
(ii) To inspect and make copies of any such records, designs, or other documents, including those records specified in § 86.091-7(c); and
(iii) To inspect and make copies of any such records, designs or other documents including those records specified in paragraph (h) of this section; and
(iv) To inspect and/or photograph any part or aspect of any such certification vehicle (or certification engine) and any components to be used in the construction thereof.
(d)(3)-(g) [Reserved]. For guidance see § 86.091-7.
(h)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any model year 1994 through 1997 light-duty vehicle or light light-duty truck or model year 1994 through 1998 heavy light-duty truck that is certified shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle:
(i) EPA engine family;
(ii) Vehicle identification number;
(iii) Model year and production date;
(iv) Shipment date;
(v) Purchaser; and
(vi) Purchase contract.
(2) In addition, the manufacturer (or contractor for the manufacturer, if applicable) of each certified engine family shall establish, maintain, and retain adequately organized records of the actual U.S. sales volume for the model year for each engine family. The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturer Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.
(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the applicable end-of-model year report. Records may be retained as hard copy or reduced to microfilm, ADP film, etc., depending on the manufacturer's record retention procedure,
(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)
(ii) EPA may void ab initio a certificate for a 1994 or 1995 model year light-duty vehicle or light-duty truck that is not certified in compliance with the cold temperature CO standard for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.
(iii) Any voiding ab initio of a certificate under § 86.094-7(c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614 for light-duty vehicles or under § 86.1014 for light-duty trucks and heavy-duty engines.
(i) Any voiding ab initio of a certificate under § 86.091-7 (c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614 for light-duty vehicles or under § 86.1014 for light-duty trucks and heavy-duty engines.
(a)(1)
(A)(
(
(
(B)(
(
(
(
(
(
(
(
(ii)
(A) A minimum of the percentage shown in table A94-13 of a manufacturer's sales of the applicable model year's heavy light-duty trucks shall not exceed the applicable Tier 1 standards in table A94-14 and shall not exceed the applicable Tier 1 standards in table A94-15. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94-15.
(B)(
(
(
(
(
(
(
(
(iii) Exhaust emissions of carbon monoxide from 1994 and later model year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow at curb idle at a useful life of 11 years or 120,000 miles, whichever first occurs (for Otto-cycle, and methanol-and gaseous-fueled diesel light-duty trucks only—optional for 1994 through 1996 model year gaseous-fueled light-duty trucks).
(iv)(A) A manufacturer may elect to include all or some of its light-duty truck engine families subject to the Tier 0 standards in the NO
(B) A manufacturer may elect to include any diesel light-duty truck engine families subject to the Tier 0 standards in the appropriate particulate averaging program (petroleum or methanol), provided that it does not elect to pay an NCP for noncompliance with any emission standard applicable to that light-duty truck family. Trucks produced for sale in California or in designated high-altitude areas may be averaged only within each of those areas, and light-duty trucks greater than 3,750 lbs loaded vehicle weight may be averaged only with other light-duty trucks greater than 3,750 lbs loaded vehicle weight. Averaging is not permitted between fuel types. If the manufacturer elects to average both light-duty trucks 3,750 lbs loaded vehicle weight or less and light-duty vehicles together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks included in the average and is calculated as defined in § 86.088-2.
(2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The test weight basis for light light-duty trucks, and for heavy light-duty trucks certified to the Tier 0 standards of this section, for the purposes of determining equivalent test weight as prescribed in § 86.129-94, shall be loaded vehicle weight. The test weight basis for heavy light-duty trucks certified to the Tier 1 standards of this section, for the purposes of determining equivalent test weight as prescribed in § 86.129-94, shall be adjusted loaded vehicle weight. The standard set forth in paragraph (a)(1)(iii) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.
(b) Fuel evaporative emissions from 1994 and later model year light-duty trucks shall not exceed:
(1)
(2)
(3) The standards set forth in paragraphs (b) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1994 and later model year light-duty truck. This requirement is optional for 1994 through 1996 model year gaseous-fueled light-duty trucks.
(d) The CO, NO
(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)
(B)
(C)
(ii)
(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle and methanol-fueled diesel light-duty trucks only).
(iii)
(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)
(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)
(2)
(3) The standards set forth in paragraphs (e) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.
(f) No crankcase emissions shall be discharged into the ambient atmosphere from any 1994 model year light-duty trucks sold for principal use at a designated high-altitude location.
(g)(1) Any model year 1994 light-duty truck that a manufacturer wishes to certify for sale at low altitude must be capable of meeting high-altitude emission standards (specified in paragraphs (d) through (f) of this section). The manufacturer may specify vehicle adjustments or modifications to allow the vehicle to meet high-altitude standards but these adjustments or modifications may not alter the vehicle's basic engine, inertia weight class, transmission configuration, and axle ratio.
(i) A manufacturer may certify unique configurations to meet the high-altitude standards but is not required to certify these vehicle configurations to meet the low-altitude standards.
(ii) Any adjustments or modifications that are recommended to be performed on vehicles to satisfy the requirements of paragraph (g)(1) of this section:
(A) Shall be capable of being effectively performed by commercial repair facilities, and
(B) Must be included in the manufacturer's application for certification.
(2) Any model year 1995 and later light-duty truck and optionally model year 1994 light-duty truck that a manufacturer wishes to certify for sale shall meet the emission standards of paragraphs (a) through (c) of this section under both low- and high-altitude conditions as specified in § 86.082-2, except as provided in paragraphs (h) and (i) of this section. Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. Any emission control device used to meet emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.
(h) The manufacturer may exempt 1994 and later model year light-duty
(1) A vehicle configuration shall only be considered eligible for exemption under paragraph (h) of this section if the requirements of any of paragraphs (h)(1) (i), (ii), (iii), or (iv) of this section are met.
(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:
(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle configurations it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the gross vehicle weight (GVW) expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the 1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N/V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.
(B) The product line is then defined by the equation, N/V = C(D/W)
(C) The exemption line is then defined by the equation, N/V = C(0.84 D/W)
(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)
(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349 (copies may be obtained from SAE, 400 Commonwealth Dr., Warrendale, PA 15096), or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.
(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (h)(1)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:
(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.
(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicle configurations which have higher acceleration
(iv) In lieu of performing the test procedure of paragraph (h)(1)(iii) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.
(2) A vehicle shall only be considered eligible for exemption under this paragraph if at least one configuration of its model type (and transmission configuration in the case of vehicles equipped with manual transmissions, excluding differences due to the presence of overdrive) is certified to meet emission standards under high-altitude conditions as specified in paragraphs (a) through (g) of this section. The Certificate of Conformity (the Certificate) covering any exempted configuration(s) will also apply to the corresponding non-exempt configuration(s) required under this subparagraph. As a condition to the exemption, any suspension, revocation, voiding, or withdrawal of the Certificate as it applies to a non-exempt configuration for any reason will result in a suspension of the Certificate as it applies to the corresponding exempted configuration(s) of that model type, unless there is at least one other corresponding non-exempt configuration of the same model type still covered by the Certificate. The suspension of the Certificate as it applies to the exempted configuration(s) will be terminated when any one of the following occurs:
(i) Another corresponding non-exempt configuration(s) receive(s) coverage under the Certificate; or
(ii) Suspension of the Certificate as it applies to the corresponding non-exempt configuration(s) is terminated; or
(iii) The Agency's action(s), with respect to suspension, revocation, voiding or withdrawal of the Certificate as it applies to the corresponding non-exempt configuration(s), is reversed.
(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.
(i)(1) The manufacturers may exempt 1994 and later model year light-duty trucks from compliance at low altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles:
(i) Are not intended for sale at low altitude; and
(ii) Are equipped with a unique, high-altitude axle ratio (rear-wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel drive vehicles) with a higher N/V ratio than other configurations of that model type which are certified in compliance with the emission standards of paragraphs (a) and (b) of this section under low-altitude conditions.
(2) The sale of a vehicle for principal use at low altitude that has been exempted as set forth in paragraph (i)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.
(j) Any light-duty truck that a manufacturer wishes to certify for sale under the provisions of paragraphs (h) or (i) of this section is subject to the provisions of subpart Q of this part.
(k)
(2)
(3)(i) Sales percentages for the purposes of determining compliance with paragraphs (k)(1) and (k)(2) of this section shall be based on total actual and, at the manufacturer's option, combined U.S. sales of light-duty vehicles, light light-duty trucks, and heavy light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(ii) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sales to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A94-16. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume. Approval of the use of production data will be presumed unless otherwise notified by the Agency within 30 days of submittal of the petition.
(iii) The manufacturer may count towards the sales percentages those light-duty vehicles, light light-duty trucks, and heavy light-duty trucks of the applicable model year sold in the state of California or in jurisdictions which have adopted the California emission standards under section 177 of the Clean Air Act if those light-duty vehicles, light light-duty trucks, and heavy light-duty trucks have been certified to meet the federally mandated cold CO standards. If this option is taken, all light-duty vehicles, light light-duty trucks and heavy light-duty trucks sold in California and such jurisdictions shall be counted toward the total upon which the sales percentage is based. If this option is not taken, light-duty vehicles, light light-duty trucks, and heavy light-duty trucks sold in California or such jurisdictions are to be excluded from counting toward either the total upon which the sales percentage is based or the sales percentage itself.
(iv) Small volume manufacturers, as defined in § 86.092-14(b) (1) and (2), are exempt from the implementation schedules of table A94-16 for model years 1994 and 1995. This exemption does not apply to small volume engine families as defined in § 86.092-14(b)(5).
(v) The manufacturer must state at the time of applying for the Certificate, based on projected U.S. sales or projected production for U.S. sale, which engine families will be used to attain the required implementation schedule sales percentages.
(a)(1) This section describes the various durability programs available to manufacturers for determining exhaust deterioration factors (DFs) for the certification of 1994 and beyond model year light-duty vehicles and light-duty trucks. While this section describes many of the important elements of these durability programs, it is not intended as an exhaustive list of all requirements applicable either to these
(2) The durability programs consist of various elements, such as a statement of applicability, a service accumulation method, vehicle/component selection methods, durability data vehicle compliance requirements, in-use verification requirements, optional elements, data reporting requirements, and additional requirements. Cross references to other sections in this subpart are indicated where appropriate.
(b) The following table summarizes the durability programs available to all manufacturers of light-duty vehicles and light-duty trucks. The Tier 1 and Tier 0 standards cited in the table are those specified in § 86.094-8 (for light-duty vehicles) and § 86.094-9 (for light-duty trucks). The durability programs described in this section are separate and distinct alternatives, such that determination of an exhaust deterioration factor under one program does not require compliance with the requirements of a different durability program.
(c)
(2)
(3)
(4)
(5)
(6)
(ii)
(iii)
(7)
(d)
(2)
(3)
(4)
(5)
(6)
(ii)
(iii)
(7) Data reporting requirements for the Production AMA Durability Program are contained in §§ 86.094-21, 86.094-23(b)(1)(i), and 86.094-26 (a)(6)(ii) and (a)(7).
(8)
(A) The manufacturer attests are representative of the durability performance of its vehicles in actual field use when maintained according to the manufacturer's maintenance instructions (as limited under § 86.094-25(a)); and
(B) Are equal to or greater than the deterioration factors that EPA determines under paragraph (d)(8)(ii) of this section.
(ii) EPA shall determine minimum deterioration factors for engine families subject to the Production AMA Durability Program. This determination shall be based on a procedure of grouping engine families (see § 86.094-24(a)) in order to use historical certification data to determine deterioration factors for each engine family group. The historical data shall be updated yearly through the testing of production durability data vehicles. Test vehicle requirements under these procedures are contained in § 86.094-24 (h) and compliance requirements are contained in § 86.094-28(a)(7).
(iii)
(B) The Administrator may declare ineligible any engine family for which the Administrator determines there is unreasonable risk in determining a deterioration factor using the methods of the Production AMA Durability Program. Furthermore, the Administrator may limit the number of engine families within the manufacturer's product line that are eligible for the Production AMA Durability Program.
(C) Upon approval of the manufacturer's request to participate, the Administrator and the manufacturer may enter into a written agreement prescribing the terms and conditions of the program. This agreement shall be equitable as compared to agreements entered into with other manufacturers. The agreement shall specify:
(
(
(
(iv)
(B) Once any engine family in an engine family group is certified using deterioration factors determined in the Production AMA Durability Program, the manufacturer shall operate and test the production durability data vehicles specified in § 86.094-24(h) in accordance with the procedures of this part.
(C) The Administrator shall notify the manufacturer if a nonconformity of a category of vehicles within the engine family group is indicated by the production durability data. For the purpose of this paragraph, a nonconformity is determined to exist if:
(
(
(D) If the Administrator notifies a manufacturer of such a nonconformity, the manufacturer shall submit, by a date specified by the Administrator, a plan to remedy the nonconformity which is acceptable to the Director, Office of Mobile Sources. For the purpose of this paragraph, the term “remedy the nonconformity” will have the same meaning as it does when it appears in section 207(c)(1) of the Clean Air Act (42 U.S.C. 7541(c)(1)).
(E) The manufacturer shall comply with the terms of the remedial plan approved by the Director, Office of Mobile Sources.
(F) If a manufacturer does not comply with the requirements of paragraph (d)(8)(iv) (B), (D), or (E) of this section, the Administrator may deem the certificate of conformity for the affected engine families void
(e)
(2)
(ii) Manufacturers may propose service accumulation methods based upon whole-vehicle mileage accumulation, bench aging of individual components or systems, or a combination of the two approaches. Bench procedures should simulate the aging of components or systems over the applicable durability useful life as defined in § 86.094-2 and should simulate cycles and environments found in actual use. For this purpose, manufacturers may remove the emission-related components, in whole or in part, from the durability vehicle itself and deteriorate them independently. Vehicle testing for the purpose of determining deterioration factors may include the testing of durability vehicles that incorporate such bench-aged components.
(iii) Service accumulation shall be according to the method approved in advance by the Administrator.
(3)
(4)
(5)
(6)
(7)
(ii) In addition to the reporting of deterioration factors determined under paragraph (e)(4) of this section, the manufacturer shall provide reliability data that shows to the Administrator's satisfaction that all emission-related components are designed to operate properly for the durability useful life of the vehicles in actual use (or such shorter intervals as permitted in section § 86.094-25).
(8)
(ii) The manufacturer may amend the written agreement entered into pursuant to paragraph (e)(8)(i) of this section so long as the manufacturer demonstrates to the satisfaction of the Administrator that the proposed amendments to the agreement improve upon the in-use verification portion of the existing agreement. Such amendment to the Alternative Service Accumulation Durability Program agreement is subject to the prior approval of the Administrator.
(iii) The certification requirements described in § 86.094-30(a)(14) are applicable.
(f)
(2)
(3)
(4)
(5)
(6)
(7)
(g)
(ii)
(2)
(3)
(4)
(a)(1) The small-volume manufacturers certification procedures described in paragraphs (b) and (c) of this section are optional. Small-volume manufacturers may use these optional procedures to demonstrate compliance with the general standards and specific emission requirements contained in this subpart.
(2) To satisfy the durability data requirements of the small-volume manufacturers certification procedures, manufacturers of vehicles (or engines) as described in paragraph (b) of this section may use assigned deterioration factors that the Administrator determines by methods described in paragraph (c)(7)(i)(C) of this section. However, if no deterioration factor data (either the manufacturer's or industry-wide deterioration factor data) are available from previously completed durability data vehicles or engines used for certification, manufacturers of vehicles (or engines) as described in paragraph (b) of this section or with new technology not previously certified may use assigned deterioration factors that the Administrator determines by alternative methods, based on good engineering judgement. The factors that the Administrator determines by alternative methods will be published in an advisory letter or advisory circular.
(b)(1) The optional small-volume manufacturers certification procedures apply to light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines produced by manufacturers with U.S. sales, including all vehicles and engines imported under the provisions of §§ 85.1505 and 85.1509 of this chapter (for the model year in which certification is sought) of fewer than 10,000 units (Light-Duty Vehicles, Light-Duty Trucks, Heavy-Duty Vehicles and Heavy-Duty Engines combined).
(2) For the purpose of determining the applicability of paragraph (b)(1) of this section, the sales the Administrator shall use shall be the aggregate of the projected or actual sales of those vehicles and/or engines in any of these groupings:
(i) Vehicles and/or engines produced by two or more firms, one of which is 10 percent or greater part owned by another;
(ii) Vehicles and/or engines produced by any two or more firms if a third party has equity ownership of 10 percent or more in each of the firms;
(iii) Vehicles and/or engines produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies;
(iv) Vehicles and/or engines imported or distributed by all firms where the vehicles and/or engines are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.
(3) If the aggregated sales, as determined in paragraph (b)(2) of this section are less than 301 units, the manufacturers in the aggregated relationship may certify under the provisions in this section that apply to manufacturers with sales of less than 301 units.
(4) If the aggregated sales, as determined in paragraph (b)(2) of this section are greater than 300 but fewer than 10,000 units, the manufacturers in the aggregated relationship may certify under the provisions in this section that apply to manufacturers with sales from and including 301 through 9,999 motor vehicles and motor vehicles engines per year.
(5) If the aggregated sales, as determined in paragraph (b)(2) of this section are equal to or greater than 10,000 units, then the manufacturers involved in the aggregated relationship will be allowed to certify a number of units under the small-volume engine family certification procedures (reference § 86.094-24(e)) in accordance with the criteria identified in paragraphs (b)(5) (i) through (iii) of this section.
(i) If a manufacturer purchases less than 50 percent of another manufacturer, each manufacturer retains its right to certify 9,999 units using the small-volume engine family certification procedures.
(ii) If a manufacturer purchases 50 percent or more of another manufacturer, the manufacturer with the over 50 percent interest must share, with the manufacturer it purchased, its 9,999 units under the small-volume engine family certification procedures.
(iii) In a joint venture arrangement (50/50 ownership) between two manufacturers, each manufacturer retains its eligibility for 9,999 units under the small-volume engine family certification procedures, but the joint venture must draw its maximum 9,999 units from the units allocated to its parent manufacturers.
(c) Small-volume manufacturers shall demonstrate compliance with the applicable sections of this subpart. The appropriate model year of the applicable sections detailed in paragraphs (c) (1) through (15) of this section shall be determined in accordance with § 86.084-4.
(1) Sections 86.094-1, 86.094-2, 86.094-3, 86.084-4, 86.090-5, 86.078-6, 86.094-7, 86.094-8, 86.094-9, and 86.094-11 are applicable.
(2) Section 86.080-12 is not applicable.
(3) Sections 86.094-13, 86.094-14, 86.084-15, and 86.085-20 are applicable.
(4) Small-volume manufacturers shall include in their records all of the information that EPA requires in § 86.094-21. This information will be considered part of the manufacturer's application for certification. However, the manufacturer is not required to submit the information to the Administrator unless the Administrator requests it.
(5) Section 86.094-22 is applicable except as noted in paragraph (c)(5)(i) of this section.
(i) Small-volume light-duty vehicle and light-duty truck manufacturers may satisfy the requirements of § 86.094-22(e) by including a statement of compliance on adjustable parameters in the application for certification. In the statement of compliance the manufacturer shall state that the limits, stops, seals, or other means used to inhibit adjustment have been designed to accomplish their intended purpose based on good engineering practice and past experience. If the vehicle parameter is adjustable the vehicle must meet emission standards with the parameter set any place within the adjustable range (reference § 86.094-21).
(ii) [Reserved]
(6) Section 86.094-23 is applicable.
(7) Section 86.094-24 is applicable except as noted in paragraphs (c)(7) (i) through (ii) of this section.
(i) Small-volume manufacturers may satisfy the requirements of § 86.094-24 (b) and (c) in accordance with paragraphs (c)(7)(i) (A) through (C) of this section.
(A)
(
(
(
(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)
(
(
(
(
(
(ii) Section 86.094-24(d) and (e) are not applicable.
(8) Section 86.094-25 is applicable to maintenance performed on durability data light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines when the manufacturer completes durability data vehicles or engines; § 86.087-38 is applicable to the recommended maintenance the manufacturer includes in the maintenance instructions furnished the purchasers of new motor vehicles and new motor vehicle engines under § 86.087-38.
(9)(i) Section 86.094-26 is applicable if the manufacturer completes durability data vehicles or engines.
(ii) Section 86.090-27 is applicable.
(10) Sections 86.094-28 and 86.091-29 are applicable.
(11)(i) Section 86.094-30 is applicable, except for § 86.094-30 (a)(2) and (b). In the place of § 86.094-30 (a)(2) and (b), small-volume manufacturers shall comply with paragraphs (c)(11) (ii) through (v) of this section.
(ii) Small-volume manufacturers shall submit an application for certification containing the elements contained in paragraphs (c)(11)(ii) (A) through (E) of this section.
(A) The names, addresses, and telephone numbers of the persons the manufacturer authorizes to communicate with us.
(B) A brief description of the vehicles (or engines) covered by the certificate (the manufacturers' sales data book or advertising, including specifications, may satisfy this requirement for most manufacturers). The description shall include, as a minimum, the items listed in paragraphs (c)(11)(ii)(B) (
(
(
(
(
(
(
(
(
(
(
(
(
(
(
(
(
(
(
(C) The results of all emission tests the manufacturer performs to demonstrate compliance with the applicable standards.
(D)(
(
(
(
(
(
(
(E) Manufacturers utilizing deterioration factors determined by the manufacturer based on its good engineering judgment (reference paragraph (c)(7)(i)(C)(
(iii) If the manufacturer meets the requirements of this subpart, the Administrator will issue a certificate of conformity for the vehicles or engines described in the application for certification.
(iv) The certificate will be issued for such a period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary to assure that any vehicle or engine covered by the certificate will meet the requirements of the Act and of this subpart.
(v)(A) If, after a review of the statements and descriptions submitted by the manufacturer, the Administrator determines that the manufacturer has not met the applicable requirements, the Administrator shall notify the manufacturer in writing of his intention to deny certification, setting forth the basis for his determination. The manufacturer may request a hearing on the Administrator's determination.
(B) If the manufacturer does not request a hearing or present the required information, the Administrator will deny certification.
(12) Sections 86.079-31 and 86.079-32 are not applicable.
(13) Under § 86.079-33, small-volume manufacturers are covered by paragraphs (c)(13) (i) and (ii) of this section.
(i) Small-volume manufacturers may make production changes (running changes) without receiving the Administrator's prior approval. The manufacturer shall assure (by conducting emission tests as it deems necessary) that the affected vehicles (engines) remain in compliance with the requirements of this part.
(ii) The manufacturer shall notify the Administrator within seven days after implementing any production related change (running change) that would affect vehicle emissions. This notification shall include any changes to the information required under paragraph (c)(11)(ii) of this section. The manufacturer shall also amend as necessary its records required under paragraph (c)(4) of this section to confirm with the production design change.
(14) Section 86.082-34 is not applicable.
(15) Sections 86.094-35, 86.079-36, 86.085-37, 86.087-38 and 86.079-39 are applicable.
(a)(1) Heavy-duty engines eligible for NO
(2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section.
(ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used for averaging or trading to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL.
(iii) Credits scheduled to expire in the earliest model year shall be used, prior to using other available credits, to offset emissions of engine families with FELs exceeding the applicable standard.
(b) Participation in the NO
(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 (
(ii) Declare an FEL for each engine family participating in one or more of these three programs.
(A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower for NO
(B) In no case may the FEL exceed the upper limit prescribed in the section concerning the applicable heavy-duty engine NO
(iii) Calculate the projected emission credits (±) based on quarterly production projections for each participating family and for each pollutant (NO
(iv)(A) Determine and state the source of the needed credits according to quarterly projected production for engine families requiring credits for certification.
(B) State where the quarterly projected credits will be applied for engine families generating credits.
(C) Credits may be obtained from or applied to only engine families within the same averaging set as described in paragraphs (d) and (e) of this section. Credits available for averaging, trading, or banking as defined in § 86.090-2, may be applied exclusively to a given engine family, or reserved as defined in § 86.091-2.
(2) Based on this information each manufacturer's certification application must demonstrate:
(i) That at the end of model year production, each engine family has a net emissions credit balance of zero or more using the methodology in paragraph (c) of this section with any credits obtained from averaging, trading or banking.
(ii) The source of the credits to be used to comply with the emission standard if the FEL exceeds the standard, or where credits will be applied if the FEL is less than the emission standard. In cases where credits are being obtained, each engine family involved must state specifically the source (manufacturer/engine family) of the credits being used. In cases where credits are being generated/supplied, each engine family involved must state specifically the designated use (manufacturer/engine family or reserved) of the credits involved. All such reports shall include all credits involved in averaging, trading or banking.
(3) During the model year manufacturers must:
(i) Monitor projected versus actual production to be certain that compliance with the emission standards is achieved at the end of the model year.
(ii) Provide the end-of-model year reports required under § 86.091-23.
(iii) For manufacturers participating in emission credit trading, maintain the quarterly records required under § 86.091-7(c)(8).
(4) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-model year reports, follow-up audits, and any other compliance measures deemed appropriate by the Administrator.
(5) Compliance under averaging, banking, and trading will be determined at the end of the model year. Engine families without an adequate amount of NO
(6) If EPA or the manufacturer determines that a reporting error occurred on an end-of-year report previously submitted to EPA under this section, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative balances may be adjusted by EPA for retroactive use.
(i) If EPA review of a manufacturer's end-of-year report indicates a credit shortfall, the manufacturer will be permitted to purchase the necessary credits to bring the credit balance for that engine family to zero, at the ratio of 1.2 credits purchased for every credit needed to bring the balance to zero. If sufficient credits are not available to bring the credit balance for the engine family in question to zero, EPA may void the certificate for that engine family
(ii) If within 180 days of receipt of the manufacturer's end-of-year report, EPA review determines a reporting error in the manufacturer's favor (i.e. resulting in a positive credit balance) or if the manufacturer discovers such an error within 180 days of EPA receipt of the end-of-year report, the credits will be restored for use by the manufacturer.
(c)(1) For each participating engine family, NO
For determining credit need for all engine families and credit availability for engine families generating credits for averaging programs only:
For determining credit availability for engine families generating credits for trading or banking programs:
(2) The transient cycle conversion factor is the total (integrated) cycle brake horsepower- hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle-heavy duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles. When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in § 86.085-24), the conversion factor used is to be based upon the configuration generating the highest conversion factor when determining credit need for a family and the lowest conversion factor when determining credit availability from a family for banking, trading and averaging.
(d)
(1) For Otto-cycle heavy-duty engines:
(i) Otto-cycle heavy-duty engines constitute an averaging set. Averaging and trading among all Otto-cycle heavy-duty engine families is allowed. There are no subclass restrictions.
(ii) Gasoline-fueled heavy-duty vehicles certified under the provisions of § 86.085-1 (b) may not average or trade
(2) For diesel cycle heavy-duty engines:
(i) Each of the three primary intended service classes for heavy-duty diesel engines, as defined in § 86.090-2, constitute an averaging set. Averaging and trading among all diesel-cycle engine families within the same primary service class is allowed.
(ii) Urban buses are treated as members of the primary intended service class where they otherwise would fall.
(e)
(1) Engines intended for use in urban buses constitute a separate averaging set from all other heavy-duty engines. Averaging and trading between diesel cycle bus engine families is allowed.
(2) For heavy-duty engines, exclusive of urban bus engines, each of the three primary intended service classes for heavy-duty diesel cycle engines, as defined in § 86.090-2, constitute an averaging set. Averaging and trading between diesel-cycle engine families within the same primary service class is allowed.
(3) Otto cycle engines may not participate in particulate averaging, trading, or banking.
(f) Banking of NO
(1)
(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)
(ii) Manufacturers withdrawing banked emission credits shall indicate so during certification and in their credit reports, as described in § 86.091-23.
(3)
(i) Banked credits may be used in averaging, or in trading, or in any combination thereof, during the certification period. Credits declared for banking from the previous model year but not reported to EPA may also be used. However, if EPA finds that the reported credits can not be proven, they will be revoked and unavailable for use.
(ii) Banked credits may not be used for NO
(g)(1) The following paragraphs assume NO
(2) Engine families using NO
(i) May not generate either NO
(ii) May not use either NO
(3) If a manufacturer has any engine family to which application of NCPs
(4) If a manufacturer has any engine family in a given averaging set which is using NO
(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.
(a) No new gasoline-fueled light-duty vehicle or light-duty truck shall be equipped with a defeat device.
(b) The Administrator may test or require testing on any vehicle at a designated location, using driving cycles and conditions which may reasonably be expected to be encountered in normal operation and use, for the purposes of investigating a potential defeat device.
(c) For cold temperature CO emission control, the Administrator will use a guideline to determine the appropriateness of the CO emission control at ambient temperatures between 25 °F (−4 °C) and 68 °F (20 °C). The guideline for CO emission congruity across the intermediate temperature range is the linear interpolation between the CO standard applicable at 25 °F (−4 °C) and the CO standard applicable at 68 °F (20 °C). For vehicles that exceed this CO emissions guideline upon intermediate temperature cold testing:
(1) If the CO emission level is greater than the 20 °F (−7 °C) emission standard, the vehicle will automatically be considered to be equipped with a defeat device without further investigation.
(2) If the CO emission level does not exceed the 20 °F emission standard, the Administrator may investigate the vehicle design for the presence of a defeat device under paragraph (d) of this section.
(d) For vehicle designs designated by the Administrator to be investigated for possible defeat devices:
(1) The manufacturer must show to the satisfaction of the Administrator that the vehicle design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited during the Federal emissions test procedure when the vehicle is operated under conditions which may reasonably be expected to be encountered in normal operation and use.
(2) Information Submissions Required:
(i) The manufacturer will provide an explanation containing detailed information (including information which the Administrator may request to be submitted) regarding test programs, engineering evaluations, design specifications, calibrations, on-board computer algorithms, and design strategies incorporated for operation both during and outside of the Federal emission test procedure.
(ii) For purposes of investigations of possible cold temperature CO defeat devices under this paragraph (d), the manufacturer shall provide an explanation which must show, to the satisfaction of the Administrator, that CO emissions are reasonably controlled in reference to the linear guideline, across the intermediate temperature range.
(a) All light-duty vehicles and light-duty trucks shall be equipped with an emission control diagnostic system capable of identifying, for each vehicle's useful life, the following types of deterioration or malfunction which could cause emission increases greater than or exceeding the following threshold
(1) Catalyst deterioration before it results in both an exhaust emission exceedance of 0.6 g/mi HC and an exhaust emission increase of 0.4 g/mi HC.
(2) Engine misfire before it results in an exhaust emission increase of greater than 0.4 g/mi HC, 3.4 g/mi CO, or 1.0 g/mi NO
(3) Oxygen sensor deterioration before it results in an exhaust emission increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi NO
(4) Any other deterioration or malfunction within the powertrain which occurs in actual use and which results in an exhaust emission increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi NO
(b)(1) The electronic evaporative emission purge control, if equipped, and all emission-related powertrain components connected to a computer shall, at a minimum, be monitored for circuit continuity. In lieu of monitoring circuit continuity, a functional system check may be performed provided the manufacturer can demonstrate that the functional check is equivalent or superior to the circuit continuity monitor. All components required by these regulations to be monitored shall be evaluated periodically, but no less frequently than once per Urban Dynamometer Driving Schedule as defined in appendix I, paragraph (a), of this part, or similar trip.
(2) For non-diesel cycle light-duty vehicles and light-duty trucks, the emission control diagnostic system shall at a minimum, monitor catalytic converters and oxygen sensors and shall detect misfiring cylinders.
(3) Oxygen sensor deterioration or malfunction which renders that sensor incapable of performing its function as part of the OBD system shall be identified on vehicles so equipped.
(c) The emission control diagnostic system shall incorporate a malfunction indicator light (MIL) readily visible to the vehicle operator. When illuminated, it shall display “Check Engine,” “Service Engine Soon,” or a similar phrase approved by the Administrator. A vehicle shall not be equipped with more than one general purpose malfunction indicator light for emission-related problems; separate specific purpose warning lights (e.g. brake system, fasten seat belt, oil pressure, etc.) are permitted. The use of red for the OBD-related malfunction indicator light is prohibited.
(d) The MIL shall illuminate and remain illuminated when any of the conditions specified in paragraphs (a) and (b) of this section are met, or whenever the engine control enters a default or secondary mode of operation. The MIL shall blink under any period of operation during which engine misfire is occurring at a level likely to cause catalyst damage as determined by the manufacturer. The MIL shall also illuminate when the vehicle's ignition is in the “key-on” position before engine starting or cranking and extinguish after engine starting if no malfunction has previously been detected. If a fuel system or engine misfire malfunction has previously been detected, the MIL may be extinguished if the malfunction does not reoccur during three subsequent sequential trips during which engine speed is within 375 rpm, engine load is within 10 percent, and the engine's warm-up status is the same as that under which the malfunction was first detected, and no new malfunctions have been detected. If any malfunction other than a fuel system or engine misfire malfunction has been detected, the MIL may be extinguished if the malfunction does not reoccur during three subsequent sequential trips during
(e)(1) The emission control diagnostic system shall record code(s) indicating the status of the emission control system. Absent the presence of any fault codes, separate status codes shall be used to identify correctly functioning emission control systems and those emission control systems which need further vehicle operation to be fully evaluated. Fault codes shall be stored for deterioration or malfunction causing MIL illumination; the fault code shall identify the type of malfunction.
(2) For a single misfiring cylinder, the fault code(s) shall identify the cylinder, unless the manufacturer submits data and/or an engineering evaluation which adequately demonstrate that the misfiring cylinder cannot be reliably identified under certain operating conditions; multiple misfiring cylinders need not be uniquely identified if a distinct multiple misfire fault code is stored.
(3) A fault code shall be stored when the emission control system reverts to a default or secondary mode of operation.
(4) The diagnostic system may erase a fault code if the same fault is not re-registered in at least 40 engine warm-up cycles, and the malfunction indicator light (see paragraph (d) of this section) is not illuminated for that fault code.
(f)
(2) The following signals in addition to the required freeze frame information shall be made available on demand through the serial port on the standardized data link connector, if the information is available to the on-board computer or can be determined using information available to the on-board computer: Diagnostic trouble codes, engine coolant temperature, fuel control system status (closed loop, open loop, other), fuel trim, ignition timing advance, intake air temperature, manifold air pressure, air flow rate, engine RPM, throttle position sensor output value, secondary air status (upstream, downstream, or atmosphere), calculated load value, vehicle speed, and fuel pressure. The signals shall be provided in standard units based on SAE specifications incorporated by reference in paragraph (h) of this section. Actual signals shall be clearly identified separately from default value or limp home signals. In addition, the capability to perform bi-directional diagnostic control based on SAE specifications shall be made available on demand through the serial port on the standardized data link connector per SAE specifications as referenced in paragraph (h) of this section.
(3) For all emission control components and systems for which specific on-board evaluation tests are conducted (catalyst, oxygen sensor, etc.), the results of the most recent test performed by the vehicle, and the limits to which the system is compared shall be available through the data link per SAE J1979 specifications as referenced in paragraph (h) of this section beginning no later than the 1997 model year. The Administrator may allow a pass/fail indication for the most recent test results for those monitored components and systems for which such an indication is more appropriate (e.g., misfire detection, fuel system monitoring, etc.).
(4) The OBD requirements to which the vehicle is certified (i.e., California OBD II or Federal OBD), and the major emission control systems monitored by the OBD system consistent with paragraph (h)(3) of this section, shall be available through the serial data port on the standardized data link connector per SAE specifications as referenced in paragraph (h) of this section.
(g) The emission control diagnostic system is not required to evaluate components during malfunction conditions if such evaluation would result in a risk to safety or component failure.
(h) The emission control diagnostic system shall provide for standardized access and conform with the following Society of Automotive Engineers (SAE) standards. The following SAE documents are incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the SAE documents may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. Copies may be inspected at Docket No. A-90-35 at EPA's Air docket (LE-131), room 1500 M, 1st Floor, Waterside Mall, 401 M St., SW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(1) SAE J1850 “Class B Data Communication Network Interface,” (AUG91) shall be used as the on-board to off-board communications protocol. All emission related messages sent to the scan tool over a J1850 data link shall use the Cyclic Redundancy Check and the three byte header, and shall not use inter-byte separation or checksums.
(2) Basic diagnostic data (as specified in § 86.094-17(f)) shall be provided in the format and units in SAE J1979 “E/E Diagnostic Test Modes,” (DEC91). Basic bi-directional diagnostic capability shall be available and be consistent with SAE J1979 messages.
(3) Fault codes shall be consistent with SAE J2012 “Recommended Format and Messages for Diagnostic Trouble Code Definitions,” (MAR92) Part C.
(4) The connection interface between the OBD system and test equipment and diagnostic tools shall meet the functional requirements of SAE J1962 “Diagnostic Connector,” (JUN92).
(5) Limitation of Access—Any limitation of access to the diagnostic system shall be consistent with § 86.094-18. Access to vehicle calibration data, vehicle odometer, and keyless entry codes can be limited under the provisions of § 86.094.
(i) Upon application by the manufacturer, the Administrator may either waive the requirements of this section for specific components of any class or category of light-duty vehicles or light-duty trucks for model years 1994 or 1995 (or both), or through the 1999 model year, the Administrator may accept an OBD system as compliant even though specific requirements are not fully met. Such waivers or compliances without meeting specific requirements will be granted only if compliance would be infeasible or unreasonable considering such factors as, but not limited to, technical feasibility, lead time and production cycles including phase-in or phase-out of engines or vehicle designs and programmed upgrades of computers, and if any unmet requirements are not carried over from the previous model year except where unreasonable hardware modifications would be necessary to correct the non-compliance, and the manufacturer has demonstrated an acceptable level of effort toward compliance as determined by the Administrator. For alternate fueled vehicles (i.e. natural gas, liquefied petroleum gas, or methanol), beginning with the model year for which alternate fuel emission standards are applicable and extending through the 1999 model year, manufacturers may request the Administrator to waive specific monitoring requirements of this section for which monitoring may not be reliable with respect to the use of the alternate fuel. At a minimum, all vehicles covered by this section, including those receiving a waiver as described in this paragraph, shall be equipped with an OBD system meeting
(j) Demonstration of compliance with California OBD II requirements (Title 13 California Code section 1968.1)as modified pursuant to California Mail Out #95-34 (September 26, 1995), shall satisfy the requirements of this section through the 1998 model year except that compliance with Title 13 California Code section 1968.1(d), pertaining to tampering protection, is not required to satisfy the requirements of this section.
(a) A separate application for a certificate of conformity shall be made for each set of standards (or family emission limits, as appropriate) and each class of new motor vehicles or new motor vehicle engines. Such application shall be made to the Administrator by the manufacturer and shall be updated and corrected by amendment.
(b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following:
(1)(i) Identification and description of the vehicles (or engines) covered by the application and a description of their engine (vehicles only), emission control system, and fuel system components. This description will include:
(A) A detailed description of each Auxiliary Emission Control Device (AECD) to be installed in or on any vehicle (or engine) covered by the application;
(B) A detailed justification of each AECD (described in (b)(1)(i)(A) of this section) which results in a reduction in effectiveness of the emission control system. Such a justification may be disapproved by consideration of currently available technology, whereupon the application for certification may be disapproved under § 86.094-22(b) for the incorporation of a defeat device;
(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to be within the intermediate temperature cold testing defeat device guidance as described in § 86.094-16.
(
(
(ii)(A) The manufacturer shall provide to the Administrator in the application for certification:
(
(
(
(
(B) The manufacturer may provide, in the application for certification, information relating to why certain parameters are not expected to be adjusted in actual use and to why the physical limits or stops used to establish the physically adjustable range of each parameter, or any other means used to inhibit adjustment, are effective in preventing adjustment of parameters on in-use vehicles to settings outside the manufacturer's intended physically adjustable ranges. This may include results of any tests to determine the difficulty of gaining access to an adjustment or exceeding a limit as intended or recommended by the manufacturer.
(C) The Administrator may require to be provided detailed drawings and descriptions of the various emission related components, and/or hardware samples of such components, for the purpose of making his determination of which vehicle or engine parameter will be subject to adjustment for new certification and Selective Enforcement Audit testing and of the physically adjustable range for each such vehicle or engine parameter.
(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and, for model year 1994 through 1995 light-duty vehicles and light light-duty trucks and model year 1996 heavy light-duty trucks, data sufficient to determine projected compliance with the Tier 1 standards implementation schedules of §§ 86.094-8 and 86.094-9. The data shall also include the altitude of intended sale for model year 1994 light-duty trucks certified to the Tier 0 standards of § 86.094-9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.
(3) A description of the test equipment and fuel proposed to be used.
(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission deterioration factors required to be determined and supplied in § 86.094-23(b)(2).
(ii) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, the Administrator does not assume that each evaporative emission family-evaporative emission control system combination will deteriorate in a unique manner during the useful life of the vehicle. The manufacturer shall therefore identify those evaporative emission deterioration factors which shall be applied to the various evaporative emission family-evaporative emission control system combinations which are expected to exhibit similar deterioration characteristics during the useful life of the vehicle.
(5)(i)(A) A description of the test procedures to be used to establish the durability data or the exhaust emission deterioration factors required to be determined and supplied in § 86.094-23(b)(1).
(B) For each light-duty truck engine family provided an optional useful life period under the provisions of paragraph (f) of this section, and for each heavy-duty engine family, a statement of the useful life.
(C) For engine families provided an alternative useful-life period under paragraph (f) of this section, a statement of that alternative period and a brief synopsis of the justification.
(ii) For heavy-duty diesel engine families, a statement of the primary intended service class (light, medium, or heavy) and an explanation as to why that service class was selected. Each diesel engine family shall be certified under one primary intended service class only. After reviewing the guidance in § 86.090-2, the class shall be determined on the basis of which class best represents the majority of the sales of that engine family.
(iii)(A) For each light-duty vehicle engine family, each light-duty truck engine family, and each heavy-duty engine family, a statement of recommended maintenance and procedures necessary to assure that the vehicles (or engines) covered by a certificate of conformity in operation conform to the regulations, and a description of the program for training of personnel for such maintenance, and the equipment required.
(B) A description of vehicle adjustments or modifications necessary, if
(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)
(B) The manufacturer shall choose the level of the family particulate emission limits, accurate to hundredth of a gram per mile or hundredth of a gram per brake horsepowerhour for heavy-duty engines.
(C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in §§ 86.090-2 and 86.094-28(b)(5)(i).
(ii)
(B) The manufacturer shall choose the level of the family NO
(C) The manufacturer may at any time during production elect to change the level of any family NO
(7)(i) For Otto-cycle heavy-duty engines, the application must state whether the engine family is being certified for use in all vehicles regardless of their Gross Vehicle Weight Rating (see § 86.091-10 (a)(1)(i) and (a)(3)(i)), or only for use in vehicles with a Gross Vehicle Weight Rating greater than 14,000 pounds.
(ii) If the engine family is being certified for use in all vehicles and is being certified to the emission standards applicable to Otto-cycle engines for use only in vehicles with a Gross Vehicle Weight Rating over 14,000 pounds under the provisions of § 86.091-10(a)(3), then the application must also attest that the engine family, together with all other engine families being certified under the provisions of § 86.091-10(a)(3), represent no more than 5 percent of model year sales of the manufacturer of all Otto-cycle heavy-duty engines for use in vehicles with Gross Vehicle Weight Ratings of up to 14,000 pounds.
(8) For each light-duty vehicle or light-duty truck engine family, the exhaust emission standards (or family emission limits, if applicable) to which the engine family is to be certified, and the corresponding exhaust emission standards (or family emission limits, if applicable) which the engine family must meet in-use.
(c) Complete copies of the application and of any amendments thereto, and all notifications under §§ 86.079-32, 86.079-33, and 86.082-34 shall be submitted in such multiple copies as the Administrator may require.
(d) Incomplete light-duty trucks shall have a maximum completed curb weight and maximum completed frontal area specified by the manufacturer.
(e) For vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines, the manufacturer shall specify a maximum nominal fuel tank capacity for each evaporative emission family-evaporative emission control system combination.
(f) Light-duty truck and heavy-duty engine manufacturers who believe that the useful life periods of § 86.094-2 are significantly unrepresentative for one or more engine families (either too
(g) The manufacturer shall identify those families which will not comply with cold temperature carbon monoxide standards.
(h) For each engine family incorporating an emission control diagnostic system, the manufacturer shall submit the following information:
(1) Detailed written information fully describing the functional operation characteristics of the diagnostic system.
(2) The general method of detecting malfunctions for each emission-related powertrain component.
(i) [Reserved]
(j) For methanol-fueled vehicles, the manufacturer shall specify:
(1) Whether the vehicle is a flexible fuel vehicle or a dedicated vehicle (manufacturers must obtain advance approval from the Administrator to classify methanol-fueled vehicles that can use gasoline as dedicated vehicles); and
(2) The fuel(s) (
(a) After a review of the application for certification and any other information which the Administrator may require, the Administrator may approve the application and select a test fleet in accordance with § 86.094-24.
(b)
(2) The issuance of a certificate of conformity does not exempt the covered vehicles from further evaluation or testing for defeat device purposes as described in § 86.094-16.
(c) Where any part of an application is rejected, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection. Within 30 days following receipt of such notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after the review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue.
(d)
(2)
(3) Heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines only. The Administrator does not approve the test procedures for establishing the evaporative emission deterioration factors. The test procedure will conform to the requirements in § 86.094-23(b)(3).
(e)
(1)
(ii) The Administrator may, in addition, determine to be subject to adjustment any other parameters on any vehicle or engine which is physically capable of being adjusted and which may significantly affect emissions. However, the Administrator may do so only if he has previously notified the manufacturer that he might do so and has found, at the time he gave this notice, that the intervening period would be adequate to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. In no event will this notification be given later than September 1 of the calendar year two years prior to the model year.
(iii) In determining the parameters subject to adjustment, the Administrator will consider the likelihood that, for each of the parameters listed in paragraphs (e)(1) (i) and (ii) of this section, settings other than the manufacturer's recommended setting will occur on in-use vehicles (or engines). In determining likelihood, the Administrator may consider such factors as, but not limited to, information contained in the preliminary application, surveillance information from similar in-use vehicles (or engines), the difficulty and cost of gaining access to an adjustment, damage to the vehicle (or engine) if an attempt is made to gain such access and the need to replace parts following such attempt, and the effect of settings other than the manufacturer's recommended setting on vehicle (or engine) performance characteristics including emission characteristics.
(iv) Manual chokes of heavy-duty engines only will not be considered a parameter subject to adjustment under the parameter adjustment requirements.
(2)(i) The Administrator shall determine a parameter to be adequately inaccessible or sealed if:
(A) In the case of an idle mixture screw, the screw is recessed within the carburetor casting and sealed with lead, thermosetting plastic, or an inverted elliptical spacer or sheared off after adjustment at the factory, and the inaccessibility is such that the screw cannot be accessed and/or adjusted with simple tools in one-half hour or for $20 (1978 dollars) or less;
(B) In the case of a choke bimetal spring, the plate covering the bimetal spring is riveted or welded in place, or held in place with nonreversible screws;
(C) In the case of a parameter which may be adjusted by elongating or bending adjustable members (e.g., the choke vacuum break), the elongation of the adjustable member is limited by
(D) In the case of any parameter, the manufacturer demonstrates that adjusting the parameter to settings other than the manufacturer's recommended setting takes more than one-half hour or costs more than $20 (1978 dollars).
(ii) The Administrator shall determine a physical limit or stop to be an adequate restraint on adjustability if:
(A) In the case of a threaded adjustment, the threads are terminated, pinned, or crimped so as to prevent additional travel without breakage or need for repairs which take more than one-half hour or cost more than $20 (1978 dollars);
(B) The adjustment is ineffective at the end of the limits of travel regardless of additional forces or torques applied to the adjustment;
(C) The manufacturer demonstrates that travel or rotation limits cannot be exceeded with the use of simple and inexpensive tools (screwdriver, pliers, open-end or box wrenches, etc.) without incurring significant and costly damage to the vehicle (or engine) or control system or without taking more than one-half hour or costing more than $20 (1978 dollars).
(iii) If manufacturer service manuals or bulletins describe routine procedures for gaining access to a parameter or for removing or exceeding a physical limit, stop, seal or other means used to inhibit adjustment, or if surveillance data indicate that gaining access, removing, or exceeding is likely, paragraphs (e)(2)(i) and (ii) of this section shall not apply for that parameter.
(iv) In determining the adequacy of a physical limit, stop, seal, or other means used to inhibit adjustment of a parameter not covered by paragraph (e)(2)(i) or (ii) of this section, the Administrator will consider the likelihood that it will be circumvented, removed, or exceeded on in-use vehicles. In determining likelihood, the Administrator may consider such factors as, but not limited to, information contained in the preliminary application; surveillance information from similar in-use vehicles (or engines); the difficulty and cost of circumventing, removing, or exceeding the limit, stop, seal, or other means; damage to the vehicle (or engine) if an attempt is made to circumvent, remove, or exceed it and the need to replace parts following such attempt; and the effect of settings beyond the limit, stop, seal, or other means on vehicle (or engine) performance characteristics other than emission characteristics.
(3) The Administrator shall determine two physically adjustable ranges for each parameter subject to adjustment:
(i)(A) In the case of a parameter determined to be adequately inaccessible or sealed, the Administrator may include within the physically adjustable range applicable to testing under this subpart (certification testing) all settings within the production tolerance associated with the nominal setting for that parameter, as specified by the manufacturer in the preliminary application for certification; or
(B) In the case of other parameters, the Administrator shall include within this range all settings within physical limits or stops determined to be adequate restraints on adjustability. The Administrator may also include the production tolerances on the location of these limits or stops when determining the physically adjustable range.
(ii)(A) In the case of a parameter determined to be adequately inaccessible or sealed, the Administrator shall include within the physically adjustable range applicable to testing under subparts G or K (Selective Enforcement Audit and Production Compliance Audit) only the actual settings to which the parameter is adjusted during production; or
(B) In the case of other parameters, the Administrator shall include within this range all settings within physical limits or stops determined to be adequate restraints on adjustability, as they are actually located on the test vehicle (or engine).
(f)
(2) The 90-day decision period is exclusive of the elapsed time during which EPA may request additional information from manufacturers regarding an adjustable parameter and the receipt of the manufacturers' response(s).
(g) Within 30 days following receipt of notification of the Administrator's determinations made under paragraph (e) of this section, the manufacturer may request a hearing on the Administrator's determinations. The request shall be in writing, signed by an authorized representative of the manufacturer, and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue.
(a) The manufacturer shall perform the tests required by the applicable test procedures and submit to the Administrator the information described in paragraphs (b) through (l) of this section, provided, however, that if requested by the manufacturer, the Administrator may waive any requirement of this section for testing of vehicle (or engine) for which emission data are available or will be made available under the provisions of § 86.091-29.
(b)
(ii) The manufacturer shall submit exhaust emission deterioration factors for light-duty trucks and heavy-duty engines and all test data that are derived from the testing described under § 86.094-21(b)(5)(i)(A), as well as a record of all pertinent maintenance. Such testing shall be designed and conducted in accordance with good engineering practice to assure that the engines covered by a certificate issued under § 86.094-30 will meet each emission standard (or family emission limit, as appropriate) in § 86.094-9, § 86.091-10, or § 86.094-11 as appropriate, in actual use for the useful life applicable to that standard.
(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination and all test data that are derived from testing described under § 86.094-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.094-30 will meet the evaporative emission standards in § 86.094-8 or § 86.094-9, as appropriate, for the useful life of the vehicle.
(3) For heavy-duty vehicles equipped with gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines, evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination identified in accordance with § 86.091-21(b)(4)(ii). Furthermore, a statement that the test procedure(s) used to derive the deterioration factors includes, but need not be limited to, a consideration of the ambient effects of ozone and temperature fluctuations and the service accumulation effects of vibration, time, vapor saturation and purge cycling. The deterioration factor test procedure shall be designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.091-30 will meet the evaporative emission standards in § 86.091-10 and § 86.091-11 in actual use for the useful life of the engine. Furthermore, a statement that a description of the test procedure, as well as all data, analyses and evaluations, is available to the Administrator upon request.
(4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of up to 26,000 pounds and equipped with gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines, a written statement to the Administrator certifying that the manufacturer's vehicles meet the standards of § 86.091-10 or § 86.091-11 (as applicable) as determined by the provisions of § 86.091-28. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations and other documents, on which the above statement is based, are available to the Administrator upon request.
(ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of greater than 26,000 pounds and equipped with gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines, a written statement to the Administrator certifying that the manufacturer's evaporative emission control systems are designed, using good engineering practice, to meet the standards of § 86.091-10 or § 86.091-11 (as applicable) as determined by the provisions of § 86.091-28. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations and other documents, on which the above statement is based, are available to the Administrator upon request.
(c)
(2)
(ii) For heavy-duty diesel engines, a manufacturer may submit hot-start data only, in accordance with subpart N of this part, when making application for certification. However, for conformity Selective Enforcement Audit and recall testing by the Agency, both the cold-start and hot-start test data, as specified in subpart N of this part, will be included in the official results.
(d) The manufacturer shall submit a statement that the vehicles (or engines) for which certification is requested conform to the requirements in § 86.084-5(b), and that the descriptions of tests performed to ascertain compliance with the general standards in § 86.084-5(b), and that the data derived from such tests are available to the Administrator upon request.
(e)(1) The manufacturer shall submit a statement that the test vehicles (or test engines) for which data are submitted to demonstrate compliance with the applicable standards (or family emission limits, as appropriate) of this subpart are in all material respects as described in the manufacturer's application for certification, that they have been tested in accordance with the applicable test procedures utilizing the fuels and equipment described in the application for certification, and that on the basis of such tests the vehicles (or engines) conform to the requirements of this part. If such statements cannot be made with respect to any vehicle (or engine) tested, the vehicle (or engine) shall be identified, and all pertinent data relating thereto shall be supplied to the Administrator. If, on the basis of the data supplied and any additional data as required by the Administrator, the Administrator determines that the test vehicles (or test engine) was not as described in the application for certification or was not tested in accordance with the applicable test procedures utilizing the fuels and equipment as described in the application for certification, the Administrator may make the determination that the vehicle (or engine) does not meet the applicable standards (or family emission limits, as appropriate). The provisions of § 86.094-30(b) shall then be followed.
(2) For evaporative emission durability, or light-duty truck or heavy-duty engine exhaust emission durability, the manufacturer shall submit a statement of compliance with paragraph (b)(1)(ii), (b)(2), or (b)(3) of this section, as applicable.
(f) Additionally, manufacturers participating in the particulate averaging program for diesel light-duty vehicles and diesel light-duty trucks shall submit:
(1) In the application for certification, a statement that the vehicles for which certification is requested will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable particulate standard(s) to be exceeded; and
(2) No longer than 90 days after the end of a given model year of production of engine families included in one of the diesel particulate averaging programs, the number of vehicles produced in each engine family at each certified particulate FEL, along with the resulting production-weighted average particulate emission level.
(g) Additionally, manufacturers participating in the NO
(1) In the application for certification, a statement that the vehicles for which certification is required will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable NO
(2) No longer than 90 days after the end of a given model year of production of engine families included in the NO
(h) Additionally, manufacturers participating in any of the NO
(1)
(ii) The application for certification will also include the type (NO
(2) [Reserved]
(3)
(i) These reports shall be submitted within 90 days of the end of the model year to: Director, Manufacturers Operations Division (EN-340F), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(ii) These reports shall indicate the engine family, the averaging set, the actual U.S. (49-state) production volume, the values required to calculate credits as given in § 86.094-15, the resulting type (NO
(iii) The 49-state production counts for end-of-year reports shall be based on the location of the first point of retail sale (e.g., customer, dealer, secondary manufacturer) by the manufacturer.
(iv) Errors discovered by EPA or the manufacturer in the end-of-year report, including changes in the 49 state production counts, may be corrected up to 180 days subsequent to submission of the end-of-year report. Errors discovered by EPA after 180 days shall be corrected if credits are reduced. Errors in the manufacturer's favor will not be corrected if discovered after the 180 day correction period allowed.
(i) Failure by a manufacturer participating in the averaging, trading, or banking programs to submit any quarterly or end-of-year report (as applicable) in the specified time for all vehicles and engines that are part of an averaging set is a violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) for each such vehicle and engine.
(j) Failure by a manufacturer generating credits for deposit only in either the HDE NO
(k) Engine families certified using NCPs are not required to meet the requirements outlined in paragraphs (f) through (j) of this section.
(l) Additionally, manufacturers certifying vehicles shall submit for each model year 1994 through 1997 light-duty vehicle and light light-duty truck engine family and each model year 1996 through 1998 heavy light-duty truck engine family the information listed in paragraphs (l) (1) and (2) of this section.
(1)
(2)
(ii) These reports shall indicate the model year, engine family, and the actual U.S. sales volume. The manufacturer may petition the Administrator to allow volume produced for U.S. sale to be used in lieu of U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that production volume is functionally equivalent to sales volume.
(iii) The U.S. sales volume for end-of-year reports shall be based on the location of the point of sale to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(iv) Failure by a manufacturer to submit the end-of-year report within the specified time may result in certificate(s) for the engine family(ies) certified to Tier 0 certification standards being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency.
(v) The information shall be organized in such a way as to allow the Administrator to determine compliance with the Tier l standards implementation schedules of §§ 86.094-8 and 86.094-9, and the Tier 1 and Tier 1
(a)(1)
(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust or evaporative emission deterioration factors is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.
(b) This section specifies emission-related scheduled maintenance for purposes of obtaining durability data and for inclusion in maintenance instructions furnished to purchasers of new motor vehicles and new motor vehicles engines under § 86.087-38.
(1) All emission-related scheduled maintenance for purposes of obtaining durability data must occur at the same mileage intervals (or equivalent intervals if engines, subsystems, or components are used) that will be specified in the manufacturer's maintenance instructions furnished to the ultimate purchaser of the motor vehicle or engine under § 86.094-35. This maintenance schedule may be updated as necessary throughout the testing of the vehicle/engine, provided that no maintenance operation is deleted from the maintenance schedule after the operation has been performed on the test vehicle or engine.
(2) Any emission-related maintenance which is performed on vehicles, engines, subsystems, or components must be technologically necessary to assure in-use compliance with the emission standards. The manufacturer must submit data which demonstrate to the Administrator that all of the emission-related scheduled maintenance which is to be performed is technologically necessary. Scheduled maintenance must be approved by the Administrator prior to being performed or being included in the maintenance instructions provided to purchasers under § 86.087-38. The Administrator has determined that emission-related maintenance at shorter intervals than those outlined in paragraphs (b) (3) and (4) of this section is not technologically necessary to ensure in-use compliance. However, the Administrator may determine that maintenance even more restrictive (e.g.,
(3) For Otto-cycle light-duty vehicles, light-duty trucks and heavy duty engines, emission-related maintenance in addition to, or at shorter intervals than, that listed in paragraphs (b)(3) (i) through (vii) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.
(i)(A) The cleaning or replacement of light-duty vehicle or light-duty truck spark plugs shall occur at 30,000 miles of use and at 30,000-mile intervals thereafter.
(B) The cleaning or replacement of Otto-cycle heavy duty engine spark plugs shall occur at 25,000 miles (or 750 hours) of use and at 25,000-mile (or 750-hour) intervals thereafter, for engines certified for use with unleaded fuel only.
(ii) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(ii) (A) through (D) of this section shall occur at 50,000 miles of use and at 50,000-mile intervals thereafter.
(A) Positive crankcase ventilation valve.
(B) Emission-related hoses and tubes.
(C) Ignition wires.
(D) Idle mixture.
(iii) For heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(iii) (A) through (D) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.
(A) Positive crankcase ventilation valve.
(B) Emission-related hoses and tubes.
(C) Ignition wires.
(D) Idle mixture.
(iv) For light-duty vehicles, light-duty trucks and heavy-duty engines, the adjustment, cleaning, repair, or replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter.
(v) For heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(v) (A) through (G) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter.
(A) Catalytic converter.
(B) Air injection system components.
(C) Fuel injectors.
(D) Electronic engine control unit and its associated sensors (except oxygen sensor) and actuators.
(E) Evaporative emission canister.
(F) Turbochargers.
(G) Carburetors.
(vi) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(vi) (A) through (I) of this section shall occur at 100,000 miles of use and at 100,000-mile intervals thereafter.
(A) Catalytic converter.
(B) Air injection system components.
(C) Fuel injectors.
(D) Electronic engine control unit and its associated sensors (except oxygen sensor) and actuators.
(E) Evaporative emission canister.
(F) Turbochargers.
(G) Carburetors.
(H) Superchargers.
(I) EGR System including all related filters and control valves.
(vii) For heavy-duty engines certified for use with unleaded fuel only, the adjustment, cleaning, repair, or replacement of the EGR system (including all related filters and control valves) shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.
(4) For diesel-cycle light-duty vehicles, light-duty trucks, and heavy-duty engines, emission-related maintenance in addition to, or at shorter intervals than that listed in paragraphs (b)(4) (i) through (iv) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.
(i) For heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(4)(i) (A) through (C) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.
(A) Exhaust gas recirculation system including all related filters and control valves.
(B) Positive crankcase ventilation valve.
(C) Fuel injector tips (cleaning only).
(ii) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the positive crankcase ventilation valve shall occur at 50,000 miles of use and at 50,000-mile intervals thereafter.
(iii) The adjustment, cleaning, repair, or replacement of items listed in paragraphs (b)(4)(iii) (A) through (D) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter for light heavy-duty engines, or, at 150,000 miles (or 4,500 hours) intervals thereafter for medium and heavy-duty engines.
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and actuators.
(D) Particulate trap or trap-oxidizer system (including related components).
(iv) For light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement shall occur at 100,000 miles of use and at 100,000-mile intervals thereafter of the items listed in paragraphs (b)(4)(iv) (A) through (G) of this section.
(A) Fuel injectors.
(B) Turbocharger.
(C) Electronic engine control unit and its associated sensors and actuators.
(D) Particulate trap or trap-oxidizer system (including related components).
(E) Exhaust gas recirculation system including all related filters and control valves.
(F) Catalytic converter.
(G) Superchargers.
(5) [Reserved]
(6)(i) The components listed in paragraphs (b)(6)(i) (A) through (G) of this section are currently defined as critical emission-related components.
(A) Catalytic converter.
(B) Air injection system components.
(C) Electronic engine control unit and its associated sensors (including oxygen sensor if installed) and actuators.
(D) Exhaust gas recirculation system (including all related filters and control valves).
(E) Positive crankcase ventilation valve.
(F) Evaporative emission control system components (excluding canister air filter).
(G) Particulate trap or trap-oxidizer system.
(ii) All critical emission-related scheduled maintenance must have a reasonable likelihood of being performed in-use. The manufacturer shall be required to show the reasonable likelihood of such maintenance being performed in-use, and such showing shall be made prior to the performance of the maintenance on the durability data vehicle. Critical emission-related scheduled maintenance items which satisfy one of the conditions defined in paragraphs (b)(6)(ii) (A) through (F) of this section will be accepted as having a reasonable likelihood of the maintenance item being performed in-use.
(A) Data are presented which establish for the Administrator a connection between emissions and vehicle performance such that as emissions increase due to lack of maintenance, vehicle performance will simultaneously deteriorate to a point unacceptable for typical driving.
(B) Survey data are submitted which adequately demonstrate to the Administrator that, at an 80 percent confidence level, 80 percent of such engines already have this critical maintenance item performed in-use at the recommended interval(s)
(C) A clearly displayed visible signal system approved by the Administrator is installed to alert the vehicle driver that maintenance is due. A signal bearing the message “maintenance needed” or “check engine,”, or a similar message approved by the Administrator, shall be actuated at the appropriate mileage point or by component failure. This signal must be continuous while the engine is in operation and not be easily eliminated without performance of the required maintenance. Resetting the signal shall be a required step in the maintenance operation. The method for resetting the signal system shall be approved by the Administrator.
(D) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal
(E) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenance is free in the instructions provided under § 86.087-38.
(F) Any other method which the Administrator approves as establishing a reasonable likelihood that the critical maintenance will be performed in-use.
(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inoperative without also performing the indicated maintenance procedure is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a) (3)).
(7)
(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
(iii) Any manufacturer may request a hearing on the Administrator's determinations in paragraph (b)(7) of this section. The request shall be in writing and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue.
(c)
(d)
(i) A fuel injector or spark plug may be changed if a persistent misfire is detected.
(ii) Readjustment of an Otto-cycle vehicle cold-start enrichment system may be performed if there is a problem of stalling.
(iii) Readjustment of the engine idle speed (curb idle and fast idle) may be performed in addition to that performed as scheduled maintenance under paragraph (c) of this section if the idle speed exceeds the manufacturer's recommended idle speed by 300 rpm or more, or if there is a problem of stalling.
(2) Any other unscheduled vehicle, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement during testing to determine deterioration factors shall be performed only with the advance approval of the Administrator. Such approval will be given if the Administrator:
(i) Has made a preliminary determination that the part failure or system malfunction, or the repair of such failure or malfunction, does not render the vehicle or engine unrepresentative of vehicles or engines in-use and does not require direct access to the combustion chamber, except for spark plug, fuel injection component, or removable prechamber removal or replacement.
(ii) Has made a determination that the need for maintenance or repairs is indicated by an overt indication of malfunction such as persistent misfiring, engine stalling, overheating, fluid leakage, loss of oil pressure, excessive fuel consumption, or excessive power loss. The Administrator shall be given the opportunity to verify the existence of an overt indication of part failure and/or vehicle/engine malfunction (e.g., misfiring, stalling, black smoke), or an activation of an audible and/or visible signal, prior to the performance of any maintenance to which such overt indication or signal is relevant under the provisions of this section.
(iii) Has made a determination that the OBD system of a durability data vehicle representing an engine family certifying fully to the Federal OBD requirements as specified in § 86.094-17(a) through (h) has specifically detected the problem and has illuminated the malfunction indicator light.
(3) Emission measurement may not be used as a means of determining the need for unscheduled maintenance under paragraph (d)(2) of this section, except under the conditions defined in paragraphs (d)(3) (i) through (ii) of this section.
(i) The Administrator may approve unscheduled maintenance on durability data vehicles based upon a significant change in emission levels that indicates a vehicle or engine malfunction. In these cases the Administrator may first approve specific diagnostic procedures to identify the source of the problem. The Administrator may further approve of specific corrections to the problem after the problem has been identified. The Administrator may only approve the corrective action after it is determined that:
(A) The malfunction was caused by nonproduction build practices or by a previously undetected design problem;
(B) The malfunction will not occur in production vehicles or engines in-use; and
(C) The deterioration factor generated by the durability data vehicle or
(ii) Following any unscheduled maintenance approved under paragraph (d)(3)(i) of this section, the manufacturer shall perform an after-maintenance emission test. If the Administrator determines that the after-maintenance emission levels for any pollutant indicates that the deterioration factor is no longer representative of production, the Administrator may disqualify the durability data vehicle or engine.
(4) If the Administrator determines that part failure or system malfunction occurrence and/or repair rendered the vehicle/engine unrepresentative of vehicles in-use, the vehicle/engine shall not be used for determining deterioration factors.
(5) Repairs to vehicle components of a durability data vehicle other than the engine, emission control system, or fuel system, shall be performed only as a result of part failure, vehicle system malfunction, or with the advance approval of the Administrator.
(e)
(2)-(3) [Reserved]
(4) Repairs to vehicle components of an emission data vehicle other than the engine, emission control system, or fuel system, shall be performed only as a result of part failure, vehicle system malfunction, or with the advance approval of the Administrator.
(f) Equipment, instruments, or tools may not be used to identify malfunctioning, maladjusted, or defective engine components unless the same or equivalent equipment, instruments, or tools will be available to dealerships and other service outlets and:
(1) Are used in conjunction with scheduled maintenance on such components; or
(2) Are used subsequent to the identification of a vehicle or engine malfunction, as provided in paragraph (d)(2) of this section for durability data vehicles or in paragraph (e)(1) of this section for emission data vehicles; or
(3) Unless specifically authorized by the Administrator.
(g)(1) Paragraph (g) of this section applies to light-duty vehicles.
(2) Complete emission tests (see §§ 86.106 through 86.145) are required, unless waived by the Administrator, before and after scheduled maintenance approved for durability data vehicles. The manufacturer may perform emission tests before unscheduled maintenance. Complete emission tests are required after unscheduled maintenance which may reasonably be expected to affect emissions. The Administrator may waive the requirement to test after unscheduled maintenance. These test data may be submitted weekly to the Administrator, but shall be air posted or delivered within 7 days after completion of the tests, along with a complete record of all pertinent maintenance, including a preliminary engineering report of any malfunction diagnosis and the corrective action taken. A complete engineering report shall be delivered to the Administrator concurrently with the manufacturer's application for certification.
(h) All test data, maintenance reports, and required engineering reports shall be compiled and provided to the Administrator in accordance with § 86.090-23.
(a)(1) Paragraph (a) of this section applies to light-duty vehicles. It prescribes mileage and service accumulation requirements for durability data vehicles run under either the Standard AMA Durability Program of § 86.094-13(c) or the Production AMA Durability Program of § 86.094-13(d), and for emission data vehicles regardless of the durability program employed. Service accumulation requirements for
(2) The standard method of whole-vehicle service accumulation for durability data vehicles and for emission data vehicles in model years 1994 and beyond shall be mileage accumulation using the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.
(3)
(i)
(B) Emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1) (v) or (viii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under high-altitude conditions.
(C) Exhaust and evaporative emissions tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1) (i), (ii), (iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under low-altitude conditions.
(D) For each engine family, the manufacturer will either select one vehicle previously selected under § 86.094-24(b)(1) (i) through (iv) to be tested under high-altitude conditions or provide a statement in accordance with § 86.094-24(b)(1)(v). Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. In addition, any emission control device used to conform with the emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.
(ii)
(B) Emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1)(v) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under high-altitude conditions.
(C) Exhaust and evaporative emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1) (i), (ii), (iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under low-altitude conditions.
(D) For each engine family, the manufacturer will either select one vehicle previously selected under § 86.094-24(b)(1) (i) through (iv) to be tested under high-altitude conditions or provide a statement in accordance with § 86.094-24(b)(1)(v). Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. In addition, any emission control device used to conform with the emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.
(4)(i)
(B)
(
(
(
(C) Complete exhaust emission tests shall be made at nominal test point mileage intervals that the manufacturer determines. At a minimum, two complete exhaust emission tests shall be made. The first test shall be made at a distance not greater than 6,250 miles. The last shall be made at the mileage accumulation endpoint determined in paragraph (a)(4)(i) (A) or (B) of this section, whichever is applicable.
(D) Except with advance approval of the Administrator, the mileage interval between nominal test points must
(ii) The manufacturer may, at its option, alter the durability data vehicle at the selected nominal test point to represent emission data vehicle(s) within the same engine-system combination and perform emission tests on the altered vehicle. Upon completion of emission testing, the manufacturer may return the test vehicle to the durability data vehicle configuration and continue mileage accumulation.
(5)(i) All tests required by this subpart on emission data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (a)(3) of this section.
(ii) All tests required by this subpart on durability data vehicles shall be conducted within 250 miles of each of the nominal test points. This ±250 mile test point mileage tolerance may be modified with the advance approval of the Administrator if the basis for the written request is to prevent an interruption of durability mileage accumulation due to test scheduling conflicts for weekends, holidays, and other similar circumstances.
(6)(i)(A) The manufacturer may conduct multiple tests at any test point at which the data are intended to be used in the deterioration factor. At each test point where multiple tests are conducted, the test results from all valid tests shall be averaged to determine the data point to be used in the deterioration factor calculation, except under paragraph (a)(6)(i)(B) of this section. The test results from emission tests performed before maintenance affecting emissions shall not be averaged with test results after the maintenance.
(B) The manufacturer is not required to average multiple tests if the manufacturer conducts no more than three tests at each test point and if the number of tests at each test point is equal. All test points must be treated the same for all exhaust pollutants.
(ii) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Administrator in accordance with § 86.091-23. Where the Administrator conducts a test on a durability data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.
(iii) The results of all emission tests shall be rounded to the number of places to the right of the decimal point indicated by expressing the applicable emission standard of this subpart to one additional significant figure, in accordance with the rounding off method specified in ASTM E 29-67 (reapproved 1980) (“Standard recommended practice for indicating which places of figures are to be considered significant in specified limiting values,” American Society for Testing and Materials). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103. Copies may be inspected at the U.S. Environmental Protection Agency, Air Docket Section, room M-1500, 1200 Pennsylvania Ave., NW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(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,
(8) The data from emission data vehicles and durability data vehicles obtained pursuant to the provisions of this section will be used in the calculations under § 86.094-28.
(9)(i) The Administrator may elect to operate and test any test vehicle during all or any part of the mileage accumulation and testing procedure. In such cases, the manufacturer shall provide the vehicle(s) to the Administrator with all information necessary to conduct this testing.
(ii) The test procedures in §§ 86.106 through 86.145 will be followed by the Administrator. The Administrator will test the vehicles at each test point. Maintenance may be performed by the manufacturer under such conditions as the Administrator may prescribe.
(iii) The data developed by the Administrator for the engine-system combination shall be combined with any applicable data supplied by the manufacturer on other vehicles of that combination to determine the applicable deterioration factors for the combination. In the case of a significant discrepancy between data developed by the Administrator and that submitted by the manufacturer, the Administrator's data shall be used in the determination of deterioration factors.
(10) Emission testing of any type with respect to any certification vehicle other than that specified in this part is not allowed except as such testing may be specifically authorized by the Administrator.
(11) This section does not apply to testing conducted to meet the requirements of § 86.091-23(b)(2).
(b)(1) Paragraph (b) of this section applies to light-duty trucks.
(2) Four types of mileage or service accumulation are applicable to light-duty trucks, as described in paragraphs (b)(2) (i) through (iv) of this section.
(i) Paragraph (b)(2)(i) of this section applies to service accumulation conducted under the Standard Self-Approval Durability Program of § 86.094-13(f). This type of service accumulation is applicable for model years 1994 and beyond only. The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification. Service accumulation under the Standard Self-Approval Durability Program is conducted on vehicles, engines, subsystems, or components selected by the manufacturer under § 86.094-24(c)(2)(i).
(ii) Paragraph (b)(2)(ii) of this section applies to service accumulation conducted under the Alternative Service Accumulation Durability Program of § 86.094-13(e). This type of service accumulation is applicable for model years 1994 and beyond only. The service accumulation method is developed by the manufacturer to be consistent with good engineering practice and to accurately predict the deterioration of the vehicle's emissions in actual use over its full useful life. The method is subject to advance approval by the Administrator and to verification by an in-use verification program conducted by the manufacturer under § 86.094-13(e)(5).
(iii) Paragraph (b)(2)(iii) of this section applies to mileage accumulation of the duration selected by the manufacturer on emission data vehicles selected under § 86.094-24(b)(1). The procedure for mileage accumulation will be the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.
(iv) Service or mileage accumulation may also be part of the test procedures used by the manufacturer to establish
(3) Exhaust emission deterioration factors will be determined on the basis of the mileage or service accumulation described in paragraph (b)(2) (i) or (ii) of this section and related testing, according to the manufacturer's procedures.
(4) Each emission data vehicle shall be operated and tested as follows:
(i)
(B) Emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1) (v) or (viii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometers (4,000 miles) under high-altitude conditions.
(C) Exhaust and evaporative emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1) (ii), (iii), (iv)(A), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometer (4,000 mile) test point under low-altitude conditions.
(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high altitude, such adjustments or modifications shall be made to the test vehicle selected under § 86.094-24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.
(ii)
(B) Emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1)(v) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination
(C) Exhaust and evaporative emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1) (ii), (iii), and (iv) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under low-altitude conditions.
(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high-altitude, such adjustments or modifications shall be made to the test vehicle selected under § 86.094-24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.
(iii) [Reserved]
(iv) All tests required by this subpart on emission data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (b)(4) of this section.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) Two types of service accumulation are applicable to heavy-duty engines, as described in paragraphs (c)(2) (i) and (ii) of this section.
(i) Service accumulation on engines, subsystems, or components selected by the manufacturer under § 86.094-24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification.
(ii) Dynamometer service accumulation on emission data engines selected under § 86.094-24(b) (2) or (3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations.
(3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in paragraph (b)(2)(i) of this section and related testing, according to the manufacturer's procedures.
(4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized (no less than 62 hours for catalyst equipped) for emission data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission data engine selections under § 86.094-24(b)(2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission data engine selection under § 86.094-24(b)(2). Evaporative emission controls need not be connected provided normal operating conditions are maintained in the engine induction system. The Administrator may determine under § 86.094-24(f) that no testing is required.
(d)(1) Paragraph (d) of this section applies to both light-duty trucks and heavy-duty engines.
(2)(i) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Administrator in accordance with § 86.094-23. Where the Administrator conducts a test on a durability data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.
(ii) The results of all emission tests shall be recorded and reported to the Administrator. These test results shall
(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.
At 65 FR 47325, Aug. 2, 2000, § 86.094-26 was amended in paragraph (a)(6)(iii) by revising the phrase “401 M Street SW” to read “401 M St., SW.”; however this exact phrase does not exist in this paragraph in the 2000 edition of this volume.
(a)(1) Paragraph (a) of this section applies to lightduty vehicles.
(2) Each exhaust and evaporative emission standard (and family particulate emission limit, as appropriate) of § 86.094-8 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.094-2 and 86.094-8.
(3) Since it is expected that emission control efficiency will change with mileage accumulation on the vehicle, the emission level of a vehicle which has accumulated mileage equal to the specified useful life will be used as the basis for determining compliance with the standard (or family particulate emission limit, as appropriate).
(4) The procedure for determining compliance of a new motor vehicle with exhaust and evaporative emission standards (or family particulate emission limit, as appropriate) is as described in paragraphs (a)(4) (i) through (v) of this section, except where specified by paragraph (a)(7) of this section for the Production AMA Durability Program.
(i) Separate emission deterioration factors shall be determined from the exhaust emission results of the durability data vehicle(s) for each engine-system combination. A separate evaporative emission deterioration factor shall be determined for each evaporative emission family-evaporative emission control system combination from the testing conducted by the manufacturer (gasoline-fueled and methanol-fueled vehicles only).
(A) The applicable results to be used, unless excluded by paragraph (a)(4)(i)(A)(
(
(
(
(
(B)(
(
(
(
(
(
(C)
(
(
(ii)(A)(
(
(B) The official evaporative emission test results (gasoline-fueled and methanol-fueled vehicles only) for each evaporative emission data vehicle at the selected test point shall be adjusted by addition of the appropriate deterioration factor, provided that if a deterioration factor as computed in paragraph (a)(4)(i)(C) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.
(iii) The emissions to compare with the standard (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of paragraphs (a)(4)(ii) (A) and (B) of this section for each emission data vehicle. Before any emission value is compared with the standard (or the family particulate emission limit, as appropriate) it shall be rounded, in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)(
(iv) Every test vehicle of an engine family must comply with the exhaust emission standards (or the family particulate emission limit, as appropriate), as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.
(v) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.
(5) If a manufacturer chooses to change the level of any family particulate emission limit(s) in the particulate averaging program, compliance with the new limit(s) must be based upon existing certification data.
(6) If a manufacturer chooses to participate in the diesel particulate averaging program, the production-weighted average of the family particulate emission limits of all affected engine families must comply with the particulate standards in § 86.094-8(a)(1)(iv), or the composite particulate standard defined in § 86.094-2, as appropriate, at the end of the production year.
(7) The procedure to determine the compliance of new motor vehicles in the Production AMA Durability Program described in § 86.094-13 is the same as described in paragraphs (a)(4) (iii) through (v) of this section. For the engine families that are included in the Production AMA Durability Program, the exhaust emission deterioration factors used to determine compliance shall be those that the Administrator has approved under § 86.094-13. The evaporative emission deterioration factor for each evaporative emission family shall be determined and applied according to paragraph (a)(4) of this section. The procedures to determine the minimum exhaust emission deterioration factors required under § 86.094-13(d) are as described in paragraphs (a)(7) (i) and (ii) of this section.
(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability data vehicles for each emission standard applicable under § 86.094-8, for each engine family group. The evaporative emission deterioration factor for each evaporative family will be determined and applied in accordance with paragraph (a)(4) of this section.
(ii) The deterioration factors for each engine family group shall be determined by the Administrator using historical durability data from as many as three previous model years. These data will consist of deterioration factors generated by durability data vehicles representing certified engine families and of deterioration factors from vehicles selected under § 86.094-24(h) . The Administrator shall determine how these data will be combined for each engine family group.
(A) The test result to be used in the calculation of each deterioration factor to be combined for each engine family group shall be those test results specified in paragraph (a)(4)(i)(A) of this section.
(B) For each durability data vehicle selected under § 86.094-24(h), all applicable exhaust emission results shall be plotted as a function of the mileage on the system rounded to the nearest mile, and the best fit straight lines, fitted by method of least squares, shall be drawn through all these data points. The exhaust deterioration factor for each durability data vehicle shall be calculated as specified in paragraph (a)(4)(i)(B) of this section.
(C)
(
(
(b)(1) Paragraph (b) of this section applies to light-duty trucks.
(2) Each exhaust and evaporative emission standard (and family particulate emission limit, as appropriate) of § 86.094-9 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.094-2 and 86.094-9.
(3) Since emission control efficiency generally decreases with the accumulation of mileage on the vehicle, deterioration factors will be used in combination with emission data vehicle test results as the basis for determining compliance with the standards (or family emission limits, as appropriate).
(4)(i) Paragraph (b)(4) of this section describes the procedure for determining compliance of a new vehicle with exhaust emission standards (or family emission limits, as appropriate), based on deterioration factors. If the manufacturer certifies under the Standard Self-Approval Program as specified in § 86.094-13(f), the manufacturer supplies the deterioration factors. If the manufacturer certifies under the Alternative Service Accumulation Durability Program as specified in § 86.094-13(e), the applicable procedure for the determination of deterioration factors for light-duty trucks is the same as that described in paragraph (a)(4) of this section for light-duty vehicles.
(ii) Separate exhaust emission deterioration factors, determined from tests of vehicles, engines, subsystems, or components conducted by the manufacturer, shall be supplied for each standard and for each engine-system combination.
(iii) The official exhaust emission results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.
(iv) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (b)(4)(iii) of this section rounded to two significant figures in accordance with
(5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only to manufacturers electing to participate in the particulate averaging program.
(A) If a manufacturer chooses to change the level of any family particulate emission limit(s), compliance with the new limit(s) must be based upon existing certification data.
(B) The production-weighted average of the family particulate emission limits of all applicable engine families, rounded to two significant figures in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)(
(ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to manufacturers electing to participate in the NO
(A) If a manufacturer chooses to change the level of any family NO
(B) The production-weighted average of the family NO
(6) [Reserved]
(7)(i) Paragraph (b)(7) of this section describes the procedure for determining compliance of a new vehicle with evaporative emission standards. The procedure described here shall be used for all vehicles in all model years.
(ii) The manufacturer shall determine, based on testing described in § 86.091-21(b)(4)(i), and supply an evaporative emission deterioration factor for each evaporative emission family-evaporative emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.
(iii) The official evaporative emission test results for each evaporative emission data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.
(iv) The emission value to compare with the standards shall be the adjusted emission value of paragraph (b)(7)(iii) of this section rounded to two significant figures in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)(
(8) Every test vehicle of an engine family must comply with all applicable standards (and family emission limits, as appropriate), as determined in paragraphs (b)(4)(iv) and (b)(7)(iv) of this section, before any vehicle in that family will be certified.
(c)(1) Paragraph (c) of this section applies to heavy-duty engines.
(2) The exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines in § 86.094-10 or for diesel-cycle engines in § 86.094-11 apply to the emissions of engines for their useful life.
(3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission data engine test results as the basis for determining compliance with the standards.
(4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer.
(ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems, or components conducted by the manufacturer,
(iii)(A) Paragraphs (c)(4)(iii)(A) (
(
(
(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle heavy-duty engines.
(
(
(
(iv) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (c)(4)(iii) of this section, rounded to the same number of significant figures as contained in the applicable standard in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)(
(5)-(6) [Reserved]
(7) Every test engine of an engine family must comply with all applicable standards (or family emission limits, as appropriate), as determined in paragraph (c)(4)(iv) of this section, before any engine in that family will be certified.
(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines.
(2) The applicable evaporative emission standard in § 86.091-10 or § 86.094-11 applies to the emissions of vehicles for their useful life.
(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, an evaporative emission deterioration factor shall be determined from the testing described in § 86.088-23(b)(3)
(ii) For vehicles with a GVWR of greater than 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, each manufacturer's statement as required in § 86.094-23(b) (4) (ii) shall include, in accordance with good engineering practice, consideration of control system deterioration.
(4) The evaporative emission test results, if any, shall be adjusted by the addition of the appropriate deterioration factor, provided that if the deterioration factor as computed in paragraph (d)(3) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.
(5) The emission level to compare with the standard shall be the adjusted emission level of paragraph (d)(4) of this section. Before any emission value is compared with the standard, it shall be rounded, in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in paragraph (a)(4)(i)(B)(
(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.
At 65 FR 47325, Aug. 2, 2000, § 86.094-28 was amended in paragraph (a)(4)(i)(B)(
(a)(1)(i) If, after a review of the test reports and data submitted by the manufacturer, data derived from any inspection carried out under § 86.091-7(c) and any other pertinent data or information, the Administrator determines that a test vehicle(s) (or test engine(s)) meets the requirements of the Act and of this subpart, he will issue a certificate of conformity with respect to such vehicle(s) (or engine(s)) except in cases covered by paragraphs (a) (1) (ii) and (c) of this section.
(ii)
(2) Such certificate will be issued for such period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary or appropriate to assure that any new motor vehicle (or new motor vehicle engine) covered by the certificate will meet the requirements of the Act and of this part.
(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks, one such certificate will be issued for each engine family evaporative emission family combination.
(A)
(B)
(ii) For gasoline-fueled and methanol-fueled heavy-duty vehicles, one such certificate will be issued for each
(iii) For diesel-cycle light-duty vehicles and light-duty trucks, or diesel-cycle heavy-duty engines, included in the applicable particulate averaging program, the manufacturer may at any time during production elect to change the level of any family particulate emission limit by demonstrating compliance with the new limit as described in §§ 86.094-28(a)(6) and 86.094-28(b)(5)(i) . New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the date of issuance.
(iv) For light-duty trucks or heavy-duty engines included in the applicable NO
(4)(i) The adjustment or modification of any light-duty truck in accordance with instructions provided by the manufacturer for the altitude where the vehicle is principally used will not be considered a violation of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522 (a)(3)).
(ii) A violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an ultimate purchaser any light-duty vehicle or light-duty truck, subject to the regulations under the Act, under any of the conditions specified in the remainder of this paragraph.
(A) When a light-duty vehicle or light-duty truck is not configured to meet high-altitude requirements:
(
(
(B) When a light-duty vehicle is not configured to meet low-altitude requirements, as provided in § 86.094-8(i) :
(
(
(iii) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle that has been exempted from compliance with emission standards at high-altitude, or a light-duty truck which is not configured to meet high-altitude requirements, will not be sold to an ultimate purchaser for principal use at a designated high-altitude location if the manufacturer has informed its dealers and field representatives about the terms of these high-altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but not be limited to, either paragraph (a)(4)(iii) (A) or (B), and paragraph (a)(4)(iii)(C) of this section:
(A) Requiring dealers in designated high-altitude locations to submit written statements to the manufacturer signed by the ultimate purchaser that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location; requiring dealers in counties contiguous to designated high-altitude locations to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated high-altitude location, that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location; and for each sale or delivery of fleets of ten or more such vehicles in
(B) Implementing a system which monitors factory orders of low-altitude vehicles by high-altitude dealers, or through other means, identifies dealers that may have sold or delivered a vehicle not configured to meet the high-altitude requirements to an ultimate purchaser for principal use at a designated high-altitude location; and making such information available to EPA upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold); and
(C) Within a reasonable time after receiving written notice from EPA or a State or local government agency that a dealer may have improperly sold or delivered a vehicle not configured to meet the high-altitude requirements to an ultimate purchaser residing in a designated high-altitude location, or based on information obtained pursuant to paragraph (a)(4)(iii) of this section that a dealer may have improperly sold or delivered a significant number of such vehicles to ultimate purchasers so residing, reminding the dealer in writing of the requirements of these regulations, and, where appropriate, warning the dealer that sale by the dealer of vehicles not configured to meet high-altitude requirements may be contrary to the terms of its franchise agreement with the manufacturer and the dealer certification requirements of § 85.2108 of this chapter.
(iv) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle which has been exempted from compliance with emission standards at low-altitude, as provided in § 86.094-8(i), will not be sold to an ultimate purchaser for principal use at a designated low-altitude location if the manufacturer has informed its dealers and field representatives about the terms of the high-altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but not be limited to, either paragraph (a)(4)(iv) (A) or (B), and (a)(4)(iv)(C) of this section:
(A) Requiring dealers in designated low-altitude locations to submit written statements to the manufacturer signed by the ultimate purchaser that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated low-altitude location; requiring dealers in counties contiguous to designated low-altitude locations to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated low-altitude location, that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated low-altitude location; and for each sale or delivery of fleets of ten or more such vehicles in a low-altitude location or in counties contiguous to low-altitude locations, requiring either the selling dealer or the delivering dealer to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated low-altitude location, that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated high-altitude location. In addition, the manufacturer will make available to EPA, upon reasonable written request (but
(B) Implementing a system which monitors factory orders of high-altitude vehicles by low-altitude dealers, or through other means, identifies dealers that may have sold or delivered a vehicle not configured to meet the low-altitude requirements to an ultimate purchaser for principal use at a designated low-altitude location; and making such information available to EPA upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold); and
(C) Within a reasonable time after receiving written notice from EPA or a state or local government agency that a dealer may have improperly sold or delivered a vehicle not configured to meet the low-altitude requirements to an ultimate purchaser residing in a designated low-altitude location, or based on information obtained pursuant to paragraph (a)(4)(iv) of this section that a dealer may have improperly sold or delivered a significant number of such vehicles to ultimate purchasers so residing, reminding the dealer in writing of the requirements of these regulations, and, where appropriate, warning the dealer that sale by the dealer of vehicles not configured to meet low-altitude requirements may be contrary to the terms of its franchise agreement with the manufacturer and the dealer certification requirements of § 85.2108 of this chapter.
(5)(i) For the purpose of paragraph (a) of this section, a “designated high-altitude location” is any county which has substantially all of its area located above 1,219 meters (4,000 feet) and:
(A) Requested and extension past the attainment date of December 31, 1982, for compliance with either the National Ambient Air Quality Standards for carbon monoxide or ozone, as indicated in part 52 (Approval and Promulgation of Implementation Plans) of this title; or
(B) Is in the same state as a county designated as a high-altitude location according to paragraph (a)(5)(i)(A) of this section.
(ii) The designated high-altitude locations defined in paragraph (a)(5)(i) of this section are listed below:
(iii) For the purpose of paragraph (a) of this section, a “designated low-altitude location” is any county which has substantially all of its area located below 1,219 meters (4,000 feet).
(iv) The designated low-altitude locations so defined include all counties in the United States which are not listed in either paragraph (a)(5)(ii) of this section or in the list below:
(6) Catalyst-equipped vehicles, otherwise covered by a certificate, which are driven outside the United States, Canada, and Mexico will be presumed to have been operated on leaded gasoline resulting in deactivation of the catalysts. If these vehicles are imported or offered for importation without retrofit of the catalyst, they will be considered not to be within the coverage of the certificate unless included in a catalyst control program operated by a manufacturer or a United States Government agency and approved by the Administrator.
(7) For incomplete light-duty trucks, a certificate covers only those new motor vehicles which, when completed by having the primary load-carrying device or container attached, conform to the maximum curb weight and frontal area limitations described in the application for certification as required in § 86.094-21(d).
(8) For heavy-duty engines, a certificate covers only those new motor vehicle engines installed in heavy-duty vehicles which conform to the minimum gross vehicle weight rating, curb weight, or frontal area limitations for heavyduty vehicles described in § 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 § 86.094-21(e).
(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-duty truck families which are included in a particulate averaging program, the manufacturer's production-weighted average of the particulate emission limits of all engine families in a participating class or classes shall not exceed the applicable diesel-cycle particulate standard, or the composite particulate standard defined in § 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 averaging, trading, or banking programs under § 86.094-15, the provisions of paragraphs (a)(10)(ii) (A) through (C) of this section apply.
(A) All certificates issued are conditional upon the manufacturer complying with the provisions of § 86.094-15 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 § 86.094-15 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.
(11)(i) For light-duty truck families which are included in a NO
(ii) For all heavy duty engines which are included in the NO
(A) All certificates issued are conditional upon the manufacturer complying with the provisions of § 86.094-15 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 § 86.094-15 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.
(12) For all light-duty vehicles certified to standards under § 86.094-8 or to which standards under § 86.708-94 are applicable, the provisions of paragraphs (a)(12) (i) through (iii) of this section apply.
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of §§ 86.094-8 and 86.708-94 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in §§ 86.094-8 and § 86.708-94 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(13) For all light-duty trucks certified to standards under § 86.094-9 and to which standards under § 86.709-94 are applicable, the provisions of paragraphs (a)(13) (i) through (iii) this section apply.
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of §§ 86.094-9 and 86.709-94 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in §§ 86.094-9 and
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(14) For all light-duty vehicles and light-duty trucks certified with an Alternative Service Accumulation Durability Program under § 86.094-13(e), paragraphs (a)(14) (i) through (iii) of this section apply.
(i) All certificates issued are conditional upon the manufacturer performing the in-use verification program pursuant to the agreement described in § 86.094-13(e)(8).
(ii) Failure to fully comply with all the terms of the in-use verification program pursuant to the agreement described in § 86.094-13(e)(8) will be considered a failure to satisfy the conditions upon which the certificate was issued. A vehicle or truck will be considered to be covered by the certificate only if the manufacturer fulfills the conditions upon which the certificate is issued.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(b)(1) The Administrator will determine whether a vehicle (or engine) covered by the application complies with applicable standards (or family emission limits, as appropriate) by observing the following relationships: in paragraphs (b)(1) (i) through (iv) of this section:
(i)
(B) The emission data vehicle(s) selected under § 86.094-24(b)(1) (ii) through (iv) shall represent all vehicles of the same engine-system combination as applicable.
(C) The emission data vehicle(s) selected under § 86.094-24(b)(1)(vii) (A) and (B) shall represent all vehicles of the same evaporative control system within the evaporative family.
(ii)
(B) The emission data vehicle(s) selected under § 86.094-24 (b)(I)(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 § 86 .09424(b) (1) (v) shall represent all vehicles of the same enginesystem combination as applicable.
(D) The emission data vehicle(s) selected under § 86.094-24(b)(1)(viii) shall represent all vehicles of the same evaporative control system within the evaporative emission family, as applicable.
(iii)
(B) An Otto-cycle emission data test engine selected under § 86.094-24(b)(2)(iii) shall represent all engines in the same engine family of the same engine displacement-exhaust emission control system combination.
(C) A diesel emission data test engine selected under § 86.094-24(b)(3)(ii) shall represent all engines in the same engine-system combination.
(D) A diesel emission data test engine selected under § 86.094-24(b)(3)(iii) shall represent all engines of that emission control system at the rated fuel delivery of the test engine.
(iv) Gasoline-fueled and methanol-fueled heavy-duty vehicles. A statement of compliance submitted under § 86.094-23(b)(4) (i) or (ii) shall represent all vehicles in the same evaporative emission family-evaporative emission control system combination.
(2) The Administrator will proceed as in paragraph (a) of this section with respect to the vehicles (or engines) belonging to an engine family or engine family-evaporative emission family combination (as applicable), all of which comply with all applicable
(3) If after a review of the test reports and data submitted by the manufacturer, data derived from any additional testing conducted pursuant to § 86.091-29, data or information derived from any inspection carried out under § 86.094-7(d) or any other pertinent data or information, the Administrator determines that one or more test vehicles (or test engines) of the certification test fleet do not meet applicable standards (or family emission limits, as appropriate), he will notify the manufacturer in writing, setting forth the basis for his determination. Within 30 days following receipt of the notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determination and data in support of such objections. If, after a review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 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 § 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; or
(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 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 § 86.094-24(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 compliance with applicable standards (or family emission limit, as appropriate):
(i) Request a hearing under § 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 § 86.079-32.) The Administrator may then select in place of each failing engine an alternate engine chosen in accordance with selection criteria employed in selecting the engine that failed; or
(iii) Modify the test engine and demonstrate by testing that it meets applicable standards. Another engine which is in all material respect the same as the first engine, as modified, may then be operated and tested in accordance with applicable test procedures.
(6) If the manufacturer does not request a hearing or present the required data under paragraphs (b) (4) or (5) of this section (as applicable) of this section, the Administrator will deny certification.
(c)(1) Notwithstanding the fact that any certification vehicle(s) (or certification engine(s)) may comply with other provisions of this subpart, the Administrator may withhold or deny the issuance of a certificate of conformity (or suspend or revoke any such certificate which has been issued) with respect to any such vehicle(s) (or engine(s)) if:
(i) The manufacturer submits false or incomplete information in his application for certification thereof;
(ii) The manufacturer renders inaccurate any test data which he submits pertaining thereto or otherwise circumvents the intent of the Act, or of this part with respect to such vehicle (or engine);
(iii) Any EPA Enforcement Officer is denied access on the terms specified in § 86.091-7(d) to any facility or portion thereof which contains any of the following:
(A) The vehicle (or engine);
(B) Any components used or considered for use in its modification or buildup into a certification vehicle (or certification engine);
(C) Any production vehicle (or production engine) which is or will be claimed by the manufacturer to be covered by the certificate;
(D) Any step in the construction of a vehicle (or engine) described in paragraph (c)(iii)(C) of this section;
(E) Any records, documents, reports, or histories required by this part to be kept concerning any of the above; or
(iv) Any EPA Enforcement Officer is denied “reasonable assistance” (as defined in § 86.091-7(d) in examining any of the items listed in paragraph (c)(1)(iii) of this section.
(2) The sanctions of withholding, denying, revoking, or suspending of a certificate may be imposed for the reasons in paragraphs (c)(1) (i), (ii), (iii), or (iv) of this section only when the infraction is substantial.
(3) In any case in which a manufacturer knowingly submits false or inaccurate information or knowingly renders inaccurate or invalid any test data or commits any other fraudulent acts and such acts contribute substantially to the Administrator's decision to issue a certificate of conformity, the Administrator may deem such certificate void ab initio.
(4) In any case in which certification of a vehicle (or engine) is proposed to be withheld, denied, revoked, or suspended under paragraph (c)(1) (iii) or (iv) of this section, and in which the Administrator has presented to the manufacturer involved reasonable evidence that a violation of § 86.091-7(d) in fact occurred, the manufacturer, if he
(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 § 86.078-6 hereof; and
(ii) Extend no further than to forbid the introduction into commerce of vehicles (or engines) previously covered by the certification which are still in the hands of the manufacturer, except in cases of such fraud or other misconduct as makes the certification invalid
(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 § 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 § 86.603; or
(ii) The manufacturer refuses to comply with any of the requirements of § 86.603; or
(iii) The manufacturer submits false or incomplete information in any report or information provided pursuant to the requirements of § 86.609; or
(iv) The manufacturer renders inaccurate any test data which he submits pursuant to § 86.609; or
(v) Any EPA Enforcement Officer is denied the opportunity to conduct activities related to entry and access as authorized in § 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 § 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 § 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, 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 § 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
(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 § 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 § 86.614.
(8) Any voiding of the certificate under § 86.091-30(a)(10) will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614.
(e)
(i) The manufacturer refuses to comply with the provisions of a test order issued by the Administrator pursuant to § 86.1003; or
(ii) The manufacturer refuses to comply with any of the requirements of § 86.1003; or
(iii) The manufacturer submits false or incomplete information in any report or information provided pursuant to the requirements of § 86.1009; or
(iv) The manufacturer renders inaccurate any test data submitted pursuant to § 86.1009; or
(v) Any EPA Enforcement Officer is denied the opportunity to conduct activities related to entry and access as authorized in § 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 § 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 §§ 86.1004(a), 86.1005, 86.1007, 86.1008, 86.1010, 86.1011, or 86.1013.
(2) The sanction of suspending a certificate may not be imposed for the reasons in paragraph (e)(1) (i), (ii), or (vii) of this section where such refusal or denial is caused by conditions and circumstances outside the control of the manufacturer which renders it impossible to comply with those requirements. Such conditions and circumstances shall include, but are not limited to, any uncontrollable factors which result in the temporary unavailability of equipment and personnel needed to conduct the required tests, such as equipment breakdown or failure or illness of personnel, but shall not include failure of the manufacturers to adequately plan for and provide the equipment and personnel needed to conduct the tests. The manufacturer will bear the burden of establishing the presence of the conditions and circumstances required by this paragraph.
(3) The sanction of suspending a certificate may be imposed for the reasons outlined in paragraph (e)(1) (iii), (iv), or (v) of this section only when the infraction is substantial.
(4) In any case in which a manufacturer knowingly submitted false or inaccurate information or knowingly rendered inaccurate any test data or committed any other fraudulent acts, and such acts contributed substantially to the Administrator's original decision not to suspend or revoke a certificate of conformity in whole or in part, the Administrator may deem such certificate void from the date of such fraudulent act.
(5) In any case in which certification of a light-duty truck or heavy-duty engine is proposed to be suspended under paragraph (e)(1)(v) of this section and in which the Administrator has presented to the manufacturer involved reasonable evidence that a violation of
(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 § 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 § 86.1014.
(8) Any voiding of the certificate under paragraph (a) (10) or (11) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.1014.
(f) For engine families required to have an emission control diagnostic system, certification will not be granted if, for any emission data vehicle or other test vehicle approved by the Administrator, the malfunction indicator light does not illuminate under any of the following circumstances, or if, for any assembly line vehicle, the malfunction indicator light does not illuminate under the circumstances described in paragraph (f)(4) of this section. Only paragraph (f)(4) of this section applies for diesel cycle vehicles.
(1) A catalyst is replaced with a deteriorated or defective catalyst or electronic simulation of such resulting in both an exhaust emission exceedance of 0.6 g/mi HC and an exhaust emission increase of 0.4 g/mi HC on a normal temperature (20 to 30 °C) emission certification test.
(2) A misfire condition is induced resulting in an increase in emissions of greater than 0.4 g/mi HC or 3.4 g/mi CO or 1.0 g/mi NO
(3) Any oxygen sensor is replaced with a deteriorated or defective oxygen sensor, or the operation of such a sensor is simulated, resulting in an increase in emissions of 0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi NO
(4) The electronic evaporative purge control device (if equipped) is disconnected or the operation of any emission-related powertrain component connected to a computer results in an increase in emissions of 0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi NO
Section 86.095-14 includes text that specifies requirements that differ from § 86.094-14. Where a paragraph in § 86.094-14 is identical and applicable to § 86.095-14, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-14.” Where a corresponding paragraph of § 86.094-14 is not applicable, this is indicated by the statement “[Reserved].”
(a)-(c)(11)(ii)(B)(
(c)(11)(ii)(B)(
(
(
(C) The results of all emission tests the manufacturer performs to demonstrate compliance with the applicable standards.
(D)(
(
(
(
(
(
(c)(11)(ii)(D)(
(a) The manufacturer shall perform the tests required by the applicable test procedures and submit to the Administrator the information described in paragraphs (b) through (l) of this section, provided, however, that if requested by the manufacturer, the Administrator may waive any requirement of this section for testing of vehicle (or engine) for which emission data are available or will be made available under the provisions of § 86.091-29.
(b)
(ii) The manufacturer shall submit exhaust emission deterioration factors for light-duty trucks and heavy-duty engines and all test data that are derived from the testing described under § 86.094-21(b)(5)(i)(A), as well as a record of all pertinent maintenance. Such testing shall be designed and conducted in accordance with good engineering practice to assure that the engines covered by a certificate issued under § 86.094-30 will meet each emission standard (or family emission limit, as appropriate) in § 86.094-9, § 86.091-10, or § 86.094-11 as appropriate, in actual use for the useful life applicable to that standard.
(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination and all test data that are derived from testing described under § 86.094-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.094-30 will meet the evaporative emission standards in § 86.094-8 or § 86.094-9, as appropriate, for the useful life of the vehicle.
(3) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, the manufacturer shall submit evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination identified in accordance with § 86.094-21(b)(4)(ii). Furthermore, a statement that the test procedure(s) used to derive the deterioration factors includes, but need not be
(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, the manufacturer shall submit a written statement to the Administrator certifying that the manufacturer's vehicles meet the standards of § 86.091-10 or § 86.094-11 (as applicable) as determined by the provisions of § 86.094-28. Furthermore, the manufacturer shall submit a written statement to the Administrator that all data, analyses, test procedures, evaluations, and other documents, on which the requested 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, the manufacturer shall submit a written statement to the Administrator certifying that the manufacturer's evaporative emission control systems are designed, using good engineering practice, to meet the standards of § 86.091-10 or § 86.094-11 (as applicable) as determined by the provisions of § 86.094-28. Furthermore, the manufacturer shall submit a written statement to the Administrator that all data, analyses, test procedures, evaluations, and other documents, on which the requested statement is based, are available to the Administrator upon request.
(c)
(2)
(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 confirmatory, Selective Enforcement Audit, and recall testing by the Agency, both the cold-start and hot-start test data, as specified in subpart N of this part, will be included in the official results.
(d) The manufacturer shall submit a statement that the vehicles (or engines) for which certification is requested conform to the requirements in § 86.084-5(b), and that the descriptions of tests performed to ascertain compliance with the general standards in § 86.084-5(b), and that the data derived from such tests are available to the Administrator upon request.
(e)(1) The manufacturer shall submit a statement that the test vehicles (or test engines) for which data are submitted to demonstrate compliance with the applicable standards (or family emission limits, as appropriate) of this subpart are in all material respects as described in the manufacturer's application for certification, that they have been tested in accordance with the applicable test procedures utilizing the fuels and equipment described in the application for certification, and that on the basis of such tests the vehicles (or engines) conform to the requirements of this part. If such statements cannot be made with respect to any vehicle (or engine) tested, the vehicle (or engine) shall be identified, and all pertinent data relating thereto shall be supplied to the Administrator. If, on the basis of the data supplied and any additional data as required by the Administrator, the Administrator determines that the test vehicles (or test engine) was not as described in the application for certification or was not tested in accordance with the applicable test procedures utilizing the fuels and equipment as described in the application for certification, the Administrator may make the determination that the vehicle (or engine) does not meet the applicable standards (or family emission limits, as appropriate). The provisions of § 86.094-30(b) shall then be followed.
(2) For evaporative emission durability, or light-duty truck or heavy-duty engine exhaust emission durability, the manufacturer shall submit a statement of compliance with paragraph (b)(1)(ii), (b)(2), or (b)(3) of this section, as applicable.
(f) Additionally, manufacturers participating in the particulate averaging program for diesel light-duty vehicles and diesel light-duty trucks shall submit:
(1) In the application for certification, a statement that the vehicles for which certification is requested will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable
(2) No longer than 90 days after the end of a given model year of production of engine families included in one of the diesel particulate averaging programs, the number of vehicles produced in each engine family at each certified particulate FEL, along with the resulting production-weighted average particulate emission level.
(g) Additionally, manufacturers participating in the NO
(1) In the application for certification, a statement that the vehicles for which certification is required will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable NO
(2) No longer than 90 days after the end of a given model year of production of engine families included in the NO
(h) Additionally, manufacturers participating in any of the NO
(1) Application for certification. (i) The application for certification will include a statement that the engines for which certification is requested will not, to the best of the manufacturer's belief, when included in any of the averaging, trading, or banking programs cause the applicable NO
(ii) The application for certification will also include the type (NO
(2) [Reserved]
(3) End-of-year report. The manufacturer shall submit end-of-year reports for each engine family participating in any of the averaging, trading, or banking programs, as described in paragraphs (h)(3)(i) through (iv) of this section.
(i) These reports shall be submitted within 90 days of the end of the model year to: Director, Manufacturers Operations Division (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 § 86.094-15, the resulting type (NO
(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
(i) Failure by a manufacturer participating in the averaging, trading, or banking programs to submit any quarterly or end-of-year report (as applicable) in the specified time for all vehicles and engines that are part of an averaging set is a violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) for each such vehicle and engine.
(j) Failure by a manufacturer generating credits for deposit only in either the HDE NO
(k) Engine families certified using NCPs are not required to meet the requirements outlined above.
(l) Additionally, manufacturers certifying vehicles shall submit for each model year 1994 through 1997 light-duty vehicle and light light-duty truck engine family and each model year 1996 through 1998 heavy light-duty truck engine family the information listed in paragraphs (l) (1) and (2) of this section.
(1) Application for certification. In the application for certification, the manufacturer shall submit the projected sales volume of engine families certifying to the respective standards, and the in-use standards that each engine family will meet. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.
(2) End-of-year reports for each engine family.
(i) These end-of-year reports shall be submitted within 90 days of the end of the model year to: Director, Manufacturers Operations Division (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(ii) These reports shall indicate the model year, engine family, and the actual U.S. sales volume. The manufacturer may petition the Administrator to allow volume produced for U.S. sale to be used in lieu of U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that production volume is functionally equivalent to sales volume.
(iii) The U.S. sales volume for end-of-year reports shall be based on the location of the point of sale to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.
(iv) Failure by a manufacturer to submit the end-of-year report within the specified time may result in certificate(s) for the engine family(ies) certified to Tier 0 certification standards being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency.
(v) These reports shall include the information required under § 86.094-7(h)(1). The information shall be organized in such a way as to allow the Administrator to determine compliance with the Tier 1 standards implementation schedules of §§ 86.094-8 and 86.094-9, and the Tier 1 and Tier 1
Section 86.095-26 includes text that specifies requirements that differ from § 86.094-26. Where a paragraph in § 86.094-26 is identical and applicable to § 86.095-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” Where a corresponding paragraph of § 86.094-26 is not applicable, this is indicated by the statement “[Reserved].”
(a)-(b)(4)(i)(C) [Reserved]. For guidance see § 86.094-26.
(b)(4)(i)(D) For each engine family, the manufacturer will either select one vehicle previously selected under § 86.094-24(b)(1) (i) through (iv) to be tested under high altitude conditions or provide a statement in accordance with § 86.095-24(b)(1)(v). Vehicles shall
(ii)
(B) Emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1)(v) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under high-altitude conditions.
(C) Exhaust and evaporative emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1) (ii), (iii), and (iv) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under low-altitude conditions.
(D) For each engine family, the manufacturer will either select one vehicle previously selected under § 86.094-26(b)(1) (i) through (iv) to be tested under high altitude conditions or provide a statement in accordance with § 86.095-24(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.
(b)(4)(iii)-(d) [Reserved]. For guidance see § 86.094-26.
Section 86.095-30 includes only text that specifies requirements that differ from § 86.094-30. Where a paragraph in § 86.094-30 is identical and applicable to § 86.095-30, this is indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-30.” Where a corresponding paragraph of § 86.094-30 is not applicable, this is indicated by the statement “[Reserved].”
(a)(1)(i)-(a)(2) [Reserved]. For guidance see § 86.094-30.
(a)(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks, one such certificate will be issued for each engine family evaporative emission family combination. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate).
(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of compliance as required in § 86.094-23(b)(4) (i) and (ii).
(iii) For diesel light-duty vehicles and light-duty trucks, or diesel heavy-
(iv) For light-duty trucks or heavy-duty engines included in the applicable NO
(4)(i) For exempt light-duty vehicles and light-duty trucks under the provisions of §§ 86.094-8(j) or 86.094-9(j), an adjustment or modification performed in accordance with instructions provided by the manufacturer for the altitude where the vehicle is principally used will not be considered a violation of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
(ii) A violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an ultimate purchaser any light-duty vehicle or light-duty truck, subject to the regulations under the Act, under any of the conditions specified in paragraph (a)(4)(ii) of this section.
(A) When a light-duty vehicle or light-duty truck is exempted from meeting high-altitude requirements as provided in § 86.090-8(h) or § 86.094-9(h):
(
(
(B) When a light-duty vehicle or light-duty truck is exempted from meeting low-altitude requirements as provided in § 86.094-8(i) or § 86.094-9(i):
(
(
(iii) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle or light-duty truck that has been exempted from compliance with emission standards at high altitude, 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 those high altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but shall not be limited to, either § 86.094-30(a)(4)(iii) (A) or (B), and § 86.094-30(a)(4)(iii)(C).
(a)(4)(iii)(A)-(C) [Reserved]. For guidance see § 86.094-30.
(a)(4)(iv) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle or light-duty truck which has been exempted from compliance with emission standards at low altitude, as provided in § 86.094-8(i) or § 86.094-9(i), will not be sold to an ultimate purchaser for principal use at a designated low-altitude location if the manufacturer has informed its dealers and field representatives about the terms of the high-altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but not be limited to either § 86.094-30 (a)(4)(iv) (A) or (B) and § 86.094-30(a)(4)(iv)(C):
(a)(4)(iv)(A)-(a)(12) [Reserved]. For guidance see § 86.094-30.
(a)(13) For all light-duty trucks certified to Tier 0 standards under § 86.094-
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of §§ 86.094-9 and 86.709-94 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in §§ 86.094-9 and 86.709-94 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(a)(14)-(e)(8) [Reserved]. For guidance see § 86.094-30.
(f) For engine families required to have an emission control diagnostic system, certification will not be granted if, for any emission data vehicle or other test vehicle approved by the Administrator, the malfunction indicator light does not illuminate under any of the following circumstances, or if, for any assembly line vehicle, the malfunction indicator light does not illuminate under the circumstances described in paragraph (f)(4) of this section. Only paragraph (f)(4) of this section applies for diesel cycle vehicles.
(1) A catalyst is replaced with a deteriorated or defective catalyst or electronic simulation of such resulting in both an exhaust emission exceedance of 0.6 g/mi HC and an exhaust emission increase of 0.4 g/mi HC on a normal temperature (20 to 30 °C) emission certification test.
(2) A misfire condition is induced resulting in an increase in emissions of greater than 0.4 g/mi HC or 3.4 g/mi CO or 1.0 g/mi NO
(3) Any oxygen sensor is replaced with a deteriorated or defective oxygen sensor, or the operation of such a sensor is simulated, resulting in an increase in emissions of 0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi NO
(4) The electronic evaporative purge control device (if equipped) is disconnected or the operation of any emission-related powertrain component connected to a computer results in an increase in emissions of 0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi NO
Section 86.095-35 includes text that specifies requirements that differ from § 86.092-35. Where a paragraph in § 86.092-35 is identical and applicable to § 86.095-35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.092-35.” Where a corresponding paragraph of § 86.092-35 is not applicable, this is indicated by the statement “[Reserved].”
(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 § 86.091-30(a).
(1)
(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 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) The exhaust emission standards (or family emission limits, if applicable) to which the engine family is certified, and the corresponding exhaust emission standards (or family emission limits, if applicable) which the engine family must meet in-use;
(G) For vehicles that have been exempted from compliance with the emission standards at high altitude, as specified in § 86.090-8(h):
(
(
(
(H) For vehicles that have been exempted from compliance with the emission standards at low altitude, as specified in § 86.094-8(i):
(
(
(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 § 85.1505 of this chapter must comply with the labeling requirements contained in § 85.1510 of this chapter.
(K) Vehicles which have been certified under the provisions of § 86.094-8(j) must comply with the labeling requirements contained in § 86.1606.
(L) If applicable, a statement that the vehicle is exempt from cold temperature carbon monoxide standards.
(2)
(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 family;
(D) Engine tune-up specifications and adjustments, as recommended by the manufacturer in accordance with the
(E)(
(
(F) [Reserved]
(G) For light-duty trucks that have been exempted from compliance with the emission standards at high altitude, as specified in § 86.094-9(h):
(
(
(
(H) For light-duty trucks that have been exempted from compliance with the emission standards at low altitude, as specified in § 86.094-9(i):
(
(
(I) Light-duty trucks which have been certified under the provisions of § 86.094-9(j) must comply with the labeling requirements contained in § 86.1606;
(J) The exhaust emission standards (or family emission limits, if applicable) to which the engine family is certified, and the corresponding exhaust emission standards (or family emission limits, if applicable) which the engine family must meet in-use.
(K) 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.
(L) [Reserved]
(M) Vehicles granted final admission under § 85.1505 of this chapter must comply with the labeling requirements contained in § 85.1510 of this chapter.
(N) If applicable, a statement that the vehicle is exempt from cold temperature carbon monoxide standards.
(3)
(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) The full corporate name and trademark of the manufacturer; though the label may identify another company and use its trademark instead of the manufacturer's as long as the manufacturer complies with the provisions of 40 CFR 1039.640.
(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
(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 rpm, fuel rate at advertised hp in mm
(H) The prominent statement: “This engine conforms to U.S. EPA regulations applicable to 19XX Model Year New Heavy-Duty Engines.”;
(I) If the manufacturer is provided with an alternate useful life period under the provisions of § 86.094-21(f), the prominent statement: “This engine has been certified to meet U.S. EPA standards for a useful-life period of XXX miles or XXX 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)
(K)
(
(
(
(L) For diesel engines which are included in the diesel heavy-duty particulate averaging program, the family particulate emission limit to which the engine is certified;
(M) For any heavy-duty engines which are included in the heavy-duty NO
(N) Engines granted final admission under § 85.1505 of this chapter must comply with the labeling requirements contained in § 85.1510 of this chapter.
(O) For diesel engines which have been certified to comply with the urban bus particulate standard of 40 CFR 86.094-11(a)(1)(iv)(A), the statement “This engine is certified for use in an urban 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 urban bus particulate standard, the statement “This engine is not certified for use in an urban bus as defined at 40 CFR 86.093-2. 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)
(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
(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 (this requirement does not apply to vehicles whose evaporative control system efficiency is not dependent on fuel tank capacity); and
(E) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to XXX-fueled heavy-duty vehicles.
(F) Vehicles granted final admission under § 85.1505 of this chapter must comply with the labeling requirements contained in § 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 and affixed as described in 49 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)
(B)
(
(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)
(2)
(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 19XX 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)
(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:
(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)
(2) If a manufacturer introduces an engine or vehicle into commerce prior to the compliance level determination of § 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.
(i) All light-duty vehicles and light-duty trucks shall comply with SAE Recommended Practices J1877 July 1994, “Recommended Practice for Bar-Coded Vehicle Identification Number Label,” and J1892 October 1993, “Recommended Practice for Bar-Coded Vehicle Emission Configuration Label.” SAE J1877 and J1892 are incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. Copies may be inspected at Docket No. A-90-35 at EPA's Air Docket (LE-131), Room 1500M, 1st Floor, Waterside Mall, 401 M St., SW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
The definitions listed in this section apply beginning with the 1996 model year. The definitions of § 86.094-2 continue to apply to 1996 and later model year vehicles.
(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96 is
(2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96 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, a period of use of 8 years or 110,000 miles, whichever occurs first, except for the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, for which the applicable period of use is 10 years or 110,000 miles, whichever occurs first.
(4) For a diesel heavy-duty engine family:
(i) For light heavy-duty diesel engines, period of use of 8 years or 110,000 miles, whichever occurs first.
(ii) For medium heavy-duty diesel engines, a period of use of 8 years or 185,000 miles, whichever occurs first.
(iii) For heavy heavy-duty diesel engines, a period of use of 8 years or 290,000 miles, whichever occurs first, except as provided in paragraph (4)(iv) of this definition.
(iv) 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 occurs first.
(5) 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 § 86.094-21(f).
(6) 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 occurs first, 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 occurs first. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family.
(a) The abbreviations in § 86.094-3 continue to apply. The abbreviation in this section applies beginning with the 1996 model year.
(b) The abbreviation in this section applies to this subpart and to subpart O of this part, and has the following meaning:
Section 86.096-7 includes text that specifies requirements that differ from those specified in §§ 86.091-7 and 86.094-7. Where a paragraph in § 86.091-7 or § 86.094-7 is identical and applicable to § 86.096-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” or “[Reserved]. For guidance see § 86.094-7.”
(a) Introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7.
(a)(3)—(h)(5) [Reserved]. For guidance see § 86.094-7.
(h)(6)
(ii) EPA may void ab initio a certificate for a 1994 or 1995 model year light-duty vehicle or light-duty truck that is not certified in compliance with the cold temperature CO standard for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.
(iii) Any voiding ab initio of a certificate under § 86.091-7(c)(6) and paragraph (h)(6) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614 for light-duty vehicles or under § 86.1014 for light-duty trucks and heavy-duty engines.
(7) The manufacturer (or contractor for the manufacturer, if applicable) of any new model 1996 through 1998 light-duty vehicle, light-duty truck or heavy-duty vehicle 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;
(vi) Purchase contract; and
(vii) EPA evaporative family.
(a)(1)
(ii)(A) Vehicles subject to the standards of paragraph (a)(1)(i) of this section shall be all actual U.S. sales of light-duty vehicles of the applicable model year by a manufacturer.
(B) A manufacturer 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.
(iii) CST emissions from gasoline-fueled Otto-cycle light-duty vehicles measured and calculated in accordance with subpart O of this part may not exceed the standards listed in paragraphs (a)(1)(iii) (A) and (B) of this section.
(A) Hydrocarbons: 100 ppm as hexane.
(B) Carbon monoxide: 0.5%.
(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 § 86.129-94, shall be loaded vehicle weight.
(3) The standards set forth in paragraph (a)(1)(iii) of this section refer to the exhaust emitted during the CST as set forth in subpart O of this part and
(b) Evaporative emissions from light-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)
(B) For the supplemental two-diurnal test sequence described in § 86.130-96, diurnal plus hot soak emissions (gasoline-fueled vehicles only): 2.5 grams per test.
(ii)
(iii)
(2)
(B) For the supplemental two-diurnal test sequence described in § 86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon per test.
(ii)
(iii)
(3) The standards set forth in paragraphs (b) (1) and (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 B of this part.
(4) All fuel vapor generated in a gasoline- or methanol-fueled light-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.
(5)(i) A minimum of the percentage shown in table A96-15 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled light-duty vehicles shall be tested with the procedures in subpart B indicated for 1996 model year, and shall not exceed the standards described in paragraph (b) of this section. The remaining vehicles shall be tested with the procedures in subpart B of this part for 1995 model year light-duty vehicles and be subject to the standards described in § 86.090-8(b).
(ii) Optionally, a minimum of the percentage shown in table A96-15 of a manufacturer's combined sales of the applicable model year's gasoline- and methanol-fueled light-duty vehicles, light-duty trucks, and heavy-duty vehicles shall not exceed the applicable standards.
(iii) Small volume manufacturers, as defined in § 86.092-14(b)(1) and (2), are exempt from the implementation schedule of table A96-15 of this section for model years 1996, 1997, and 1998. For small volume manufacturers, the standards of § 86.090-8(b), and the associated test procedures, continue to apply until model year 1999, when 100 percent compliance with the standards of this section is required. This exemption does not apply to small volume engine families as defined in § 86.092-14(b)(5).
(iv) For the 1996 model year, manufacturers may satisfy the testing requirements for federal certification to the evaporative standards of paragraph (b) of this section, except the fuel dispensing spitback test, by presenting
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1996 and later model year Otto-cycle, or methanol-or gaseous-fueled diesel light-duty vehicle. This requirement is optional for 1996 model year gaseous-fueled light-duty vehicles.
(d)-(f) [Reserved]
(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 § 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 configuration 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 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)
(C) The exemption line is then defined by the equation, N/V=C(0.84 D/W)
(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)
(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
(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (h)(1)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 miles per hour to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:
(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.
(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicle configurations which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (h)(1)(iii)(A) of this section.
(iv) In lieu of performing the test procedure of paragraphs (h)(1)(iii) (A) and (B) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.
(2) A vehicle shall only be considered eligible for exemption under this paragraph if at least one configuration of its model type (and transmission configuration in the case of vehicles equipped with manual transmissions, excluding differences due to the presence of overdrive) is certified to meet emission standards under high-altitude conditions as specified in paragraphs (a) through (c) and paragraph (g) of this section. The Certificate of Conformity (the Certificate) covering any exempted configuration(s) will also apply to the corresponding non-exempt configuration(s) required under this 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 configuration for any reason will result in a suspension of the Certificate as it applies to the corresponding exempted configuration(s) of that model type, unless there is at least one other corresponding non-exempt configuration of the same model type still covered by the Certificate. The suspension of the Certificate as it applies to the exempted configuration(s) will be terminated when any one of the following occurs:
(i) Another corresponding non-exempt configuration(s) receive(s) coverage under the Certificate; or
(ii) Suspension of the Certificate as it applies to the corresponding non-exempt configuration(s) is terminated; or
(iii) The Agency's action(s), with respect to suspension, revocation, voiding, or withdrawal of the Certificate as it applies to the corresponding non-exempt configuration(s), is reversed.
(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.
(i)(1) The manufacturers may exempt 1996 and later model year vehicles from compliance at low altitude with the emission standards set forth in paragraph (a) of this section and § 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 configurations of that model type which are certified in compliance with the
(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 § 86.090-8 (h) or paragraph (i) of this section is subject to the provisions of subpart Q of this part.
(k)
Section 86.096-9 includes text that specifies requirements that differ from § 86.094-9. Where a paragraph in § 86.094-9 is identical and applicable to § 86.096-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-9.”
(a)(1) introductory text through (a)(1)(iv) [Reserved]. For guidance see § 86.094-9.
(v) CST emissions from gasoline-fueled Otto-cycle light-duty trucks measured and calculated in accordance with subpart O of this part may not exceed the standards listed in paragraphs (a)(1)(v) (A) and (B) of this section.
(A) Hydrocarbons: 100 ppm as hexane.
(B) Carbon monoxide: 0.5%.
(a)(2) [Reserved]
(3) The standards set forth in paragraph (a)(1)(v) of this section refer to the exhaust emitted during the CST as set forth in subpart O of this part and measured and calculated in accordance with those provisions.
(b) Evaporative emissions from light-duty trucks 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)
(
(
(B) For all other light-duty trucks:
(
(
(ii)
(iii)
(2)
(
(
(B) For all other light-duty trucks:
(
(
(ii)
(iii)
(3) The standards set forth in paragraphs (b) (1) and (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 B of this part.
(4) All fuel vapor generated in a gasoline- or methanol-fueled light-duty truck 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.
(5)(i) A minimum of the percentage shown in table A96-16 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled light-duty trucks shall be tested with the procedures in subpart B of this part indicated for the 1996 model year, and shall not exceed the standards described in paragraph (b) of this section. The remaining vehicles shall be tested with the procedures in subpart B of this part for 1995 model year light-duty trucks and be subject to the standards described in § 86.090-9(b).
(ii) Optionally, a minimum of the percentage shown in table A96-16 of a manufacturer's combined sales of the applicable model year's gasoline- and methanol-fueled light-duty vehicles, light-duty trucks, and heavy-duty vehicles shall not exceed the applicable standards.
(iii) Small volume manufacturers, as defined in § 86.092-14(b)(1) and (2), are exempt from the implementation schedule of table A96-16 of this section for model years 1996, 1997, and 1998. For small volume manufacturers, the standards of § 86.090-9(b), and the associated test procedures, continue to apply until model year 1999, when 100 percent compliance with the standards of this section is required. This exemption does not apply to small volume engine families as defined in § 86.092-14(b)(5).
(iv) For the 1996 model year, manufacturers may satisfy the testing requirements for federal certification to the evaporative standards of paragraph (b) of this section, except the fuel dispensing spitback test, by presenting test results from the certification procedures defined by the California Regulatory Requirements Applicable to the Evaporative Emissions Program (January 4, 1995). These requirements have been incorporated by reference (see § 86.1).
(c) [Reserved]. For guidance see § 86.094-9.
(d)-(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.094-9.
Section 86.096-10 includes text that specifies requirements that differ from § 86.091-10. Where a paragraph in § 86.091-10 is identical and applicable to § 86.096-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-10.”
(a) [Reserved]. For guidance see § 86.091-10.
(b) Evaporative emissions from heavy-duty vehicles shall not exceed the following standards. The standards
(1)
(A)(
(
(B) Running loss test (gasoline-fueled vehicles only): 0.05 grams per mile.
(C) Fuel dispensing spitback test (gasoline-fueled vehicles only): 1.0 gram per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs:
(A)(
(
(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)(
(
(B) Running loss test: 0.05 grams carbon per mile.
(C) Fuel dispensing spitback test: 1.0 gram carbon per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs:
(A)(
(
(B) Running loss test: 0.05 grams carbon per mile.
(3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of this section refer to a composite sample of evaporative emissions collected under the conditions and measured in accordance with the procedures set forth in subpart M of this part.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and (b)(2)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(4) All fuel vapor generated in a gasoline- or methanol-fueled heavyduty 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.
(5)(i) A minimum of the percentage shown in table A96-17 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled heavy-duty vehicles shall not exceed the standards described in paragraph (b) of this section, except that methanol-fueled heavy-duty vehicles are exempt for the 1996 and 1997 model years. The remaining vehicles shall be subject to the standards described in § 86.091-10(b).
(ii) Optionally, a minimum of the percentage shown in table A96-17 of a manufacturer's combined sales of the applicable model year's gasoline- and methanol-fueled light-duty vehicles, light-duty trucks, and heavy-duty vehicles shall not exceed the applicable standards.
(iii) Small volume manufacturers, as defined in § 86.092-14(b)(1) and (2), are exempt from the implementation schedule of table A96-17 of this section for model years 1996, 1997, and 1998. For small volume manufacturers, the standards of § 86.091-10(b), and the associated test procedures, continue to apply until model year 1999, when 100 percent compliance with the standards of this section is required. This exemption does not apply to small volume engine families as defined in § 86.092-14(b)(5).
(iv) For the 1996 model year, manufacturers may satisfy the testing requirements for federal certification to the evaporative standards of paragraph (b) of this section, except the fuel dispensing spitback test, by presenting test results from the certification procedures defined by the California Regulatory Requirements Applicable to the Evaporative Emissions Program (January 4, 1995). These requirements have been incorporated by reference (see § 86.1).
(c)-(d) [Reserved]. For guidance see § 86.091-10.
(a) Exhaust emissions from new 1996 and later model year diesel heavy-duty engines shall not exceed the following (optional for 1996 model year gaseous-fueled diesel heavy-duty engines):
(1)(i)
(ii)
(iii)
(2)
(ii) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel only).
(3)
(ii) A manufacturer may elect to include any or all of its diesel heavy-duty engine families in any or all of the NO
(4)
(ii) For all other diesel engines only, 0.10 gram per brake horsepower-hour (0.037 gram per megajoule), as measured under transient operating conditions.
(iii) 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 § 86.094-15. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed:
(A) For engine families intended for use in urban buses, 0.25 gram per brake horsepower-hour (0.093 gram per megajoule).
(B) For engine families not intended for use in urban buses, 0.60 gram per brake horsepower-hour (0.22 gram per megajoule).
(C) The ceiling values in paragraphs (a)(4)(iii) (A) and (B) of this section apply whether credits for the family are derived from averaging, trading or banking programs.
(b)(1) The opacity of smoke emission from new 1996 and later model year diesel heavy-duty engine 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 these procedures.
(3)
(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.
(4)
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
(5)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraphs (b)(3) and (b)(4) 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.
(ii) For vehicles with a Gross Vehicle Weight Rating greater than 26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and (b)(4)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1996 or later model year methanol-or gaseous-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. This provision is optional for all 1996 model year gaseous-fueled diesel heavy-duty engines, and for 1997 model year gaseous-fueled diesel heavy-duty 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,
Section 86.096-14 includes text that specifies requirements that differ from those specified in §§ 86.094-14 and 86.095-14. Where a paragraph in § 86.094-14 or § 86.095-14 is identical and applicable to § 86.096-14, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-14” or “[Reserved]. For guidance see § 86.095-14.” Where a corresponding paragraph of § 86.094-14 or § 86.095-14 is not applicable, this is indicated by the statement “[Reserved].”
(a)-(c)(11)(ii)(B)(
(c)(11)(ii)(B)(
(c)(11)(ii)(B)(
(
(
(
(
(c)(11)(ii)(C)-(c)(11)(ii)(D)(
(c)(11)(ii)(D)(
(c)(11)(ii)(D)(
Section 86.096-21 includes text that specifies requirements that differ from § 86.094-21. Where a paragraph in § 86.094-21 is identical and applicable to § 86.096-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.”
(a)-(b)(8) [Reserved]. For guidance see § 86.094-21.
(b)(9) For each light-duty vehicle, light-duty truck, or heavy-duty vehicle evaporative emission family, a description of any unique procedures required to perform evaporative emission tests (including canister working capacity, canister bed volume, and fuel temperature profile for the running loss test) for all vehicles in that evaporative emission family, and a description of the method used to develop those unique procedures.
(10) For each light-duty vehicle, light-duty truck, or heavy-duty vehicle evaporative emission family:
(i) Canister working capacity, according to the procedures specified in § 86.132-96(h)(1)(iv);
(ii) Canister bed volume; and
(iii) Fuel temperature profile for the running loss test, according to the procedures specified in § 86.129-94(d).
(c)-(j) [Reserved]. For guidance see § 86.094-21.
(k) For light-duty vehicles and light-duty trucks, a manufacturer with an engine family that cannot be appropriately tested on all Certification Short Test emission test procedures described in § 86.1439 of this part may request an exemption, as described in § 86.1427 (d), from the inappropriate test(s) for purposes of demonstrating compliance with the Certification Short Test as described in subpart O of this part.
(l) For light-duty vehicles and light-duty trucks, a manufacturer with an engine family that can be appropriately tested on none of the Certification Short Test emission test procedures described in § 86.1439 of this part
Section 86.096-23 includes text that specifies requirements that differ from those specified in § 86.095-23. Where a paragraph in § 86.095-23 is identical and applicable to § 86.096-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]”. For guidance see § 86.095-23.
(a)-(l) [Reserved]. For guidance see § 86.095-23.
(m) Additionally, except for small-volume manufacturers, manufacturers certifying vehicles shall submit for each model year 1996 through 1998 light-duty vehicle, light-duty truck, and gasoline-fueled heavy-duty vehicle evaporative family:
(1) In the application for certification the projected sales volume of evaporative families certifying to the respective evaporative test procedure and accompanying standards as set forth or otherwise referenced in §§ 86.090-8, 86.090-9, and 86.091-10 or those set forth or otherwise referenced in §§ 86.096-8, 86.096-9, and 86.096-10. 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 evaporative family.
(i) These end-of-year reports shall be submitted within 90 days of the end of the model year to: Director, Manufacturers Operations Division (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(ii) These reports shall indicate the model year, evaporative 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 that 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 evaporative family(ies) certified to the certification standards set forth in §§ 86.090-8, 86.090-9, and 86.091-10 being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency.
(v) The information shall be organized in such a way as to allow the Administrator to determine compliance with the Evaporative Emission Testing implementation schedules of §§ 86.096-8, 86.096-9, and 86.096-10.
(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 is defined as a separate engine family.
(2) To be classed in the same engine family, engines must be identical in all the respects listed in paragraphs (a)(2) (i) through (x) of this section.
(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, and so forth).
(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 (for example, 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 features of each engine listed in paragraphs (a)(3)(i) (A) through (G) of this section.
(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 sizes 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 are 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 (3) of this section, the Administrator establishes 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 features of each engine listed in paragraphs (a)(4) (i) through (iii) of this section.
(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 must 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 the items listed in paragraphs (a)(6) (i) through (iii) of this section.
(i) Type of vapor storage device (for example, 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 in paragraph (a)(2) of this section, the Administrator establishes 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 Production AMA Durability Program, the engine families covered by an application for certification must be grouped based upon similar engine design and emission control system characteristics. Each of these groups 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 respects listed in paragraphs (a)(8)(ii) (A) through (D) of this section.
(A) The combustion cycle.
(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 (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 (10) of this section.
(12) Those vehicles covered by an application for certification which are 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 must 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 the items listed in paragraphs (a)(13) (i) and (ii) of this section.
(i) Method of fuel/air metering (that is, 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 classified in the same evaporative emission control system, vehicles must be identical with respect to the items listed in paragraphs (a)(14) (i) through (ix) of this section.
(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 establishes evaporative emission family-control system combinations for those vehicles based on features most related to their evaporative emission characteristics.
(b)
(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. The Administrator selects as the test vehicle the vehicle with the heaviest equivalent test weight (including options) within the family. 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. 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 current or previous model year emission data vehicles, fuel economy data
(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 is 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 must follow one of the procedures described in paragraphs (b)(1)(v) (A) and (B) of this section.
(A) The manufacturer must select for testing under high-altitude conditions the vehicle expected to exhibit the highest emissions from the nonexempt vehicles selected in accordance with § 86.096-24(b)(1) (ii), (iii), and (iv); 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, all light-duty vehicles and light-duty trucks not exempt under § 86.090-8(h) or § 86.094-9(h) comply with the emission standards at high altitude.
(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 § 86.096-24(b)(1) (i), (ii), and (iv).
(vii)(A) Vehicles of each evaporative emission family are divided into evaporative emission control systems.
(B) The Administrator selects the vehicle expected to exhibit the highest evaporative emissions from within each evaporative family to be certified. This vehicle is selected 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 selects 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 must follow one of the procedures listed in paragraphs (b)(1)(viii) (A) and (B) of this section.
(A) The manufacturer will select for testing under high-altitude conditions the one nonexempt vehicle previously selected under paragraph (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 § 86.096-24(b)(1)(viii)(A), 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, all light-duty vehicles and light-duty trucks not exempt under § 86.090-8(h) or § 86.094-9(h) comply with the emission standards at high altitude.
(ix) Vehicles selected under paragraph (b)(1)(v)(A) of this section may be used to satisfy the requirements of paragraph (b)(1)(viii)(A) of this section.
(x) [Reserved]
(xi) For cold temperature CO exhaust emission compliance for each engine family, the Administrator will select for testing the vehicle expected to emit the highest emissions from the vehicles selected in accordance with paragraphs (b)(1) (i), (ii), (iii), and (iv) of this section. This vehicle is tested by the manufacturer in accordance with the test procedures in subpart C of this part or with alternative procedures requested by the manufacturer and approved in advance by the Administrator.
(xii) For CST exhaust emission compliance for each engine family, the Administrator will select for testing one
(2)
(i)-(ii) [Reserved]
(iii) The Administrator selects 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 in accordance with the criteria described in paragraphs (b)(2)(iii) (A) and (B) of this section.
(A) The Administrator selects one emission data engine first based on the largest displacement within the engine family. Then from those within the largest displacement the Administrator selects, in the order listed, the engine with the highest fuel flow at the speed of maximum rated torque, with the most advanced spark timing, with no EGR or lowest EGR flow, and with no air pump or with the lowest actual flow air pump.
(B) The Administrator selects one additional engine from within each engine family. The engine selected is 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)(iii) of this section do not represent each engine displacement-exhaust emission control system combination, then the Administrator selects one engine of each engine displacement-exhaust emission control system combination not represented.
(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)
(i) Engines will be chosen to be run for emission data based upon engine family groupings. Within each engine family, the requirements of paragraphs (b)(3) (i) through (iv) of this section 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 must 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 is also selected. The engine with the highest fuel feed per stroke is usually the one 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 engines 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)
(i) A durability data vehicle is selected by the Administrator to represent each engine-system combination. The vehicle selected must be of the engine displacement with the largest projected sales volume of vehicles with that control-system combination in that engine family and is 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 must be given to the Administrator no later than 30 days following notification of the test fleet selection.
(2)
(i) The manufacturer must 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 must be selected so that their emission deterioration characteristics may be expected to represent those of in-use vehicles, based on good engineering judgment.
(ii) [Reserved]
(3)
(i) The manufacturer must 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 must be selected so that their emission 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 § 86.094-26 (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 may 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 § 86.094-14 for emission data vehicle selection and determination of deterioration factors. The deterioration factors are applied only to entire engine families.
(f)
(g) 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.
(1)(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 must be included in the curb weight computation for each vehicle
(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.
(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) that can reasonably be expected to influence emissions, then such items must actually be installed (unless excluded under paragraph (g)(2)(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)(2)(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 must be included in the design curb weight and must 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, must be maintained by the manufacturer and be made available to the Administrator upon request.
(3) 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.
(h)
(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 Production AMA Durability Program procedures.
(i) The Administrator selects 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 are randomly selected from the manufacturer's production. The Administrator makes 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 must 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 must 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 must 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 determines 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 selects 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 selects 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.
Section 86.096-26 includes text that specifies requirements that differ from those specified in §§ 86.094-26 and 86.095-26. Where a paragraph in § 86.094-26 or § 86.095-26 is identical and applicable to § 86.096-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” or “[Reserved]. For guidance see § 86.095-26.”
(a)-(b)(4)(i)(C) [Reserved]. For guidance see § 86.094-26.
(b)(4)(i)(D)-(b)(4)(ii)(D) [Reserved]. For guidance see § 86.095-26.
(b)(4)(iii)-(c)(3) [Reserved]. For guidance see § 86.094-26.
(c)(4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission-data engine selections under § 86.094-24(b)(2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission-data engine selection under § 86.094-24(b)(2). Evaporative emission controls must be connected, as described in § 86.1337-96(a)(1). The Administrator may determine under § 86.094-24(f) that no testing is required.
(d) [Reserved]. For guidance see § 86.094-26.
Section 86.096-30 includes text that specifies requirements that differ from those specified in §§ 86.094-30 and 86.095-30. Where a paragraph in § 86.094-30 or § 86.095-30 is identical and applicable to § 86.096-30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-30.” or “[Reserved]. For guidance see § 86.095-30.”
(a)(1)(i)-(a)(2) [Reserved]. For guidance see § 86.094-30.
(a)(3)(i)-(a)(4)(iii) introductory text [Reserved]. For guidance see § 86.095-30.
(a)(4)(iii)(A)-(a)(4)(iii)(C) [Reserved]. For guidance see § 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see § 86.095-30.
(a)(4)(iv)(A)-(a)(12) [Reserved]. For guidance see § 86.094-30.
(a)(13) [Reserved]. For guidance see § 86.095-30.
(a)(14) [Reserved]. For guidance see § 86.094-30.
(a)(15) For all light-duty vehicles certified to evaporative test procedures and accompanying standards specified under § 86.096-8:
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.096-8 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.096-8 will be considered to be a failure to satisfy the conditions upon which the certificate was issued and the vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(16) For all light-duty trucks certified to evaporative test procedures and accompanying standards specified under § 86.096-9:
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.096-9 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.096-9 will be considered to be a failure to satisfy the conditions upon which the certificate was issued and the vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(17) For all heavy-duty vehicles certified to evaporative test procedures and accompanying standards specified under § 86.096-10:
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.096-10 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.096-10 will be considered to be a failure to satisfy the conditions upon which the certificate was issued and the vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(18) For all heavy-duty vehicles certified to evaporative test procedures and accompanying standards specified under § 86.098-11:
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.098-11 both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.098-11 will be considered to be a failure to satisfy the conditions upon which the certificate was issued and the vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(19) For all light-duty vehicles and light light-duty trucks certified to standards under §§ 86.1710 through 86.1712, the provisions of paragraphs (a)(19) (i) through (iv) of this section apply.
(i) All certificates issued are conditional upon manufacturer compliance with all provisions of §§ 86.1710 through 86.1712 both during and after model year production.
(ii) Failure to meet the requirements of § 86.1710 (a) through (d) will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the vehicles sold in violation of the fleet average NMOG standard 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.
(iv) For recall and warranty purposes, vehicles not covered by a certificate because of a violation of this condition of the certificate will continue to be held to the standards stated in the certificate that would have otherwise applied to the vehicles.
(20) For all light-duty vehicles and light light-duty trucks certified to standards under §§ 86.1710 through 86.1712, the provisions of paragraphs (a)(20) (i) through (iv) of this section apply.
(i) All certificates issued are conditional upon manufacturer compliance with all provisions of §§ 86.1710 through 86.1712 both during and after model year production.
(ii) Failure to comply fully with the prohibition against a manufacturer selling credits that it has not generated or are not available, as specified in § 86.1710(e), will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the vehicles sold in violation of this prohibition 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.
(iv) For recall and warranty purposes, vehicles not covered by a certificate because of a violation of this condition of the certificate will continue to be held to the standards stated in the certificate that would have otherwise applied to the vehicles.
(21) For all light-duty vehicles and light light-duty trucks certified to standards under §§ 86.1710 through 86.1712, the provisions of paragraphs (a)(21) (i) through (iv) of this section apply.
(i) All certificates issued are conditional upon manufacturer compliance with all provisions of §§ 86.1710 through 86.1712 both during and after model year production.
(ii) Failure to comply fully with the prohibition against offering for sale Tier 1 vehicles and TLEVs in the Northeast Trading Region, as defined in § 86.1702, after model year 2000 if vehicles with the same engine families are not certified and offered for sale in California in the same model year, as specified in § 86.1711(a), will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the vehicles sold in violation of this prohibition 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.
(iv) For recall and warranty purposes, vehicles not covered by a certificate because of a violation of this condition of the certificate will continue to be held to the standards stated in the certificate that would have otherwise applied to the vehicles.
(22) [Reserved]
(23)(i) The Administrator will issue a National LEV certificate of conformity for 1999 model year vehicles or engines certified to comply with the California TLEV, LEV, or ULEV emission standards.
(ii) This certificate of conformity shall be granted after the Administrator has received and reviewed the California Executive Order a manufacturer has received for the same vehicles or engines.
(iii) Vehicles or engines receiving a certificate of conformity under the provisions in this paragraph can only be sold in the states included in the NTR, as defined in § 86.1702, and those states where the sale of California-certified vehicles is otherwise authorized.
(24)(i) The Administrator will issue a National LEV certificate of conformity for 2000 model year vehicles or engines certified to comply with the California TLEV emission standards.
(ii) This certificate of conformity shall be granted after the Administrator has received and reviewed the California Executive Order a manufacturer has received for the same vehicles or engines.
(iii) Vehicles or engines receiving a certificate of conformity under the provisions in this paragraph can only be sold in the states included in the NTR, as defined in § 86.1702, and those
(b)-(f) [Reserved]. For guidance see § 86.094-30.
Section 86.096-35 includes text that specifies requirements that differ from § 86.095-35. Where a paragraph in § 86.095-35 is identical and applicable to § 86.096-35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-35.”
(a) introductory text through (a)(1)(iii)(L) [Reserved]. For guidance see § 86.095-35.
(a)(1)(iii)(M) For model years 1996 through 1998 light-duty vehicles, a clear indication of which test procedure was used to certify the evaporative family, e.g., “Evaporative Family xx (§ 86.130-96 procedures)” or “Evaporative Family xx (§ 86.130-78 procedures).”
(N)(
(
(
(
(a)(2) Heading through (a)(2)(iii)(N) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(O) For model years 1996 through 1998 light-duty trucks, a clear indication of which test procedure was used to certify the evaporative family, e.g., “Evaporative Family xx (§ 86.130-96 procedures)” or “Evaporative Family xx (§ 86.130-78 procedures).”
(P)(
(
(
(
(a)(3)-(a)(4)(iii)(F) [Reserved]. For guidance see § 86.095-35.
(a)(4)(iii)(G) For model years 1996 through 1998 gasoline-fueled and methanol-fueled heavy-duty vehicles, a clear indication of which test procedure was used to certify the evaporative family, e.g., “Evaporative Family xx (§ 86.1230-96 procedures)” or “Evaporative Family xx (§ 86.1230-85 procedures).”
(b)-(i) [Reserved]. For guidance see § 86.095-35.
This section includes text that specifies requirements that differ from those specified in § 86.087-38. Where a paragraph in § 86.087-38 is identical and applicable to § 86.096-38, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.087-38.”
(a)-(f) [Reserved]. For guidance see § 86.087-38.
(g) Emission control diagnostic service information:
(1) Manufacturers are subject to the provisions of this paragraph (g) beginning in the 1996 model year for manufacturers of light-duty vehicles and light-duty trucks, and beginning in the 2005 model year for manufacturers of heavy-duty vehicles and heavy-duty engines weighing 14,000 pounds gross vehicle weight (GVW) and less that are subject to the OBD requirements of this part.
(2)
(ii)
(A) Aftermarket service provider means any individual or business engaged in the diagnosis, service, and repair of a motor vehicle or engine, who is not directly affiliated with a manufacturer or manufacturer-franchised dealership.
(B) Bi-directional control means the capability of a diagnostic tool to send messages on the data bus that temporarily overrides the module's control over a sensor or actuator and gives control to the diagnostic tool operator. Bi-directional controls do not create permanent changes to engine or component calibrations.
(C) Data stream information means information (
(D) Emissions-related information means any information related to the diagnosis, service, and repair of emissions-related components. Emissions-related information includes, but is not limited to, information regarding any system, component or part of a vehicle that controls emissions and any system, component and/or part associated with the powertrain system, including, but not limited to:
(
(
(
(E) Emissions-related training information means any information-related training or instruction for the purpose of the diagnosis, service, and repair of emissions-related components.
(F) Enhanced service and repair information means information which is specific for an original equipment manufacturer's brand of tools and equipment. This includes computer or anti-theft system initialization information necessary for the completion of any emissions-related repair on motor vehicles that employ integral vehicle security systems.
(G) Equipment and tool company means a registered automotive equipment or software company either public or private that is engaged in, or plans to engage in, the manufacture of automotive scan tool reprogramming equipment or software.
(H) Generic service and repair information means information which is not specific for an original equipment manufacturer's brand of tools and equipment.
(I) 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). This includes computer or anti-theft system initialization information necessary for the completion of any emissions-related repair on motor vehicles that employ integral vehicle security systems.
(J) Intermediary means any individual or entity, other than an original equipment manufacturer, which provides service or equipment to aftermarket service providers.
(K) Manufacturer-franchised dealership means any service provider with which a manufacturer has a direct business relationship.
(L) Third-party information provider means any individual or entity, other than an original equipment manufacturer, who consolidates manufacturer service information and makes this information available to aftermarket service providers.
(M) Third-party training provider means any individual or entity, other than an original equipment manufacturer who develops and/or delivers instructional and educational material for automotive training courses.
(3)
(i) Provide access in full-text to all of the information specified in paragraph (g)(5) of this section.
(ii) Be updated at the same time as manufacturer-franchised dealership World Wide Web sites;
(iii) Provide users with a description of the minimum computer hardware and software needed by the user to access that manufacturer's information (
(iv) Provide Short-Term (24 to 72 hours), Mid-Term (30 day period), and Long-Term (365 day period) Web site subscription options to any person specified in paragraph (g)(2)(i) of this section whereby the user will be able to access the site, search for the information, and purchase, view and print the information at a fair and reasonable cost as specified in paragraph (g)(7) of this section for each of the subscription options. In addition, for each of the subscription options, manufacturers are required to make their entire site accessible for the respective period of time and price. In other words, a manufacturer may not limit any or all of the subscription options to just one make or one model.
(v) Allow the user to search the manufacturer Web site by various topics including but not limited to model, model year, key words or phrases, etc., while allowing ready identification of the latest vehicle calibration. Manufacturers who do not use model year to classify their vehicles in their service information may use an alternate vehicle delineation such as body series. Any manufacturer utilizing this flexibility shall create a cross-reference to the corresponding model year and provide this cross-reference on the manufacturer Web site home page.
(vi) Provide accessibility using common, readily available software and shall not require the use of software, hardware, viewers, or browsers that are not readily available to the general public. Manufacturers shall also provide hyperlinks to any plug-ins, viewers or browsers (
(vii) Allow simple hyper-linking to the manufacturer Web site from government Web sites and automotive-related Web sites.
(viii) Allow access to the manufacturer Web site with no limits on the modem speed by which aftermarket service providers or other interested parties can connect to the manufacturer Web site.
(ix) Possess sufficient server capacity to allow ready access by all users and have sufficient capacity to assure that all users may obtain needed information without undue delay.
(x) Correct or delete broken Web links on a weekly basis.
(xi) Allow for Web site navigation that does not require a user to return to the manufacturer home page or a search engine in order to access a different portion of the site.
(xii) Allow users to print out any and all of the materials required to be made available on the manufacturer Web site including the ability to print it at the user's location.
(4)
(ii) Manufacturers with annual sales of less than 1,000 vehicles may, in lieu of meeting the requirement of paragraph (g)(3) of this section, request the Administrator to approve an alternative method by which the required emissions-related information can be obtained by the persons specified in paragraph (g)(2)(i) of this section.
(5)
(i) Manuals, including subsystem and component manuals developed by a manufacturer's third party supplier that are made available to manufacturer franchised dealerships, technical service bulletins (TSBs), recall service information, diagrams, charts, and training materials. Manuals and other such service information from third party suppliers are not required to be made available in full-text on manufacturer Web sites as described in paragraph (g)(3) of this section. Rather, manufacturers must make available on the manufacturer Web site as required by paragraph (g)(3) of this section an index of the relevant information and instructions on how to order such third party information. In the alternative, a manufacturer can create a link from its Web site to the Web site(s) of the third party supplier.
(ii) OBD system information which includes, but is not limited to, the following:
(A) A general description of the operation of each monitor, including a description of the parameter that is being monitored;
(B) A listing of all typical OBD diagnostic trouble codes associated with each monitor;
(C) A description of the typical enabling conditions (either generic or monitor-specific) for each monitor (if equipped) to execute during vehicle operation, including, but not limited to, minimum and maximum intake air and engine coolant temperature, vehicle speed range, and time after engine startup. In addition, manufacturers shall list all monitor-specific OBD drive cycle information for all major OBD monitors as equipped including, but not limited to, catalyst, catalyst heater, oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas re-circulation (EGR), secondary air, and air conditioning system. Additionally, for diesel vehicles under 14,000 pounds. GVWR which also perform misfire, fuel system and comprehensive component monitoring under specific driving conditions (
(D) A listing of each monitor sequence, execution frequency and typical duration;
(E) A listing of typical malfunction thresholds for each monitor;
(F) For OBD parameters for specific vehicles that deviate from the typical parameters, the OBD description shall indicate the deviation and provide a separate listing of the typical values for those vehicles;
(G) Identification and scaling information necessary to interpret and understand data available to a generic scan tool through “mode 6,” pursuant to Society of Automotive Engineers SAE J1979, “EE Diagnostic Test Modes” (Incorporated by reference,
(H) Algorithms, look-up tables, or any values associated with look-up tables are not required to be made available.
(iii) Any information regarding any system, component, or part of a vehicle monitored by the OBD system that could in a failure mode cause the OBD system to illuminate the malfunction indicator light (MIL);
(iv) Any information on other systems that can effect the emission system within a multiplexed system (including how information is sent between emission-related system modules and other modules on a multiplexed bus);
(v) Manufacturer-specific emissions-related diagnostic trouble codes (DTCs) and any related service bulletins, trouble shooting guides, and/or repair procedures associated with these manufacturer-specific DTCs; and
(vi) Information regarding how to obtain the information needed to perform reinitialization of any vehicle computer or anti-theft system following an emissions-related repair.
(6)
(i) Except as provided under paragraph (g)(6)(ii) of this section, manufacturers must make this information available to persons specified in paragraph (g)(2)(i) of this section, such that such persons will not need any special tools or manufacturer-specific scan tools to perform the initialization. Manufacturers may make such information available through, for example, generic aftermarket tools, a pass-through device, or inexpensive manufacturer-specific cables.
(ii) A manufacturer may request Administrator approval for an alternative means to re-initialize vehicles for some or all model year vehicles through the 2007 model year by 1 month following the effective date of the final rule. The Administrator shall approve the request only after the following conditions have been met:
(A) The manufacturer must demonstrate that the availability of such information to aftermarket service providers would significantly increase the risk of vehicle theft.
(B) The manufacturer must make available a reasonable alternative means to install or repair computers, or to otherwise repair or replace an emission-related part.
(C) Any alternative means proposed by a manufacturer cannot require aftermarket technicians to use a manufacturer franchised dealership to obtain information or special tools to re-initialize the anti-theft system. All information must come directly from the manufacturer or a single manufacturer-specified designee.
(D) Any alternative means proposed by a manufacturer must be available to aftermarket technicians at a fair and reasonable price.
(E) Any alternative must be available to aftermarket technicians within twenty-four hours of the initial request.
(F) Any alternative must not require the purchase of a special tool or tools, including manufacturer-specific tools, to complete this repair. Alternatives may include lease of such tools, but only for appropriately minimal cost.
(G) In lieu of leasing their manufacturer-specific tool to meet this requirement, a manufacturer may also release the necessary information to equipment and tool manufacturers for incorporation into aftermarket scan tools. Any manufacturer choosing this option must release the information to equipment and tool manufacturers within 60 days of Administrator approval. Manufacturers may also comply with this requirement using SAE J2534 for some or all model years through model year 2007.
(7)
(A) The net cost to the manufacturer-franchised dealerships for similar information obtained from manufacturers, less any discounts, rebates, or other incentive programs.
(B) The cost to the manufacturer for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading or altering the onboard computer and its software or any other vehicle part or component. Amortized capital costs for the preparation and distribution of the information may be included.
(C) The price charged by other manufacturers for similar information.
(D) The price charged by manufacturers for similar information prior to the launch of manufacturer Web sites.
(E) The ability of aftermarket technicians or shops to afford the information.
(F) The means by which the information is distributed;
(G) The extent to which the information is used, which includes the number of users, and frequency, duration, and volume of use.
(H) Inflation.
(ii) By August 25, 2003, each manufacturer shall submit to the Administrator a request for approval of their pricing structure for their Web sites and amounts to be charged for the information required to be made available under paragraphs (g)(3) and (g)(5) of this section. Subsequent to the approval of the manufacturer Web site pricing structure, manufacturers shall notify the Administrator upon the increase in price of any one or all of the subscription options of 20 percent or more above the previously-approved price, taking inflation into account.
(A) The manufacturer shall submit a request to the Administrator that sets forth a detailed description of the pricing structure and amounts, and support for the position that the pricing structure and amounts are fair and reasonable by addressing, at a minimum, each of the factors specified in paragraph (g)(7)(i) of this section.
(B) The Administrator will act upon the request within 180 days following receipt of a complete request or following receipt of any additional information requested by the Administrator.
(C) The Administrator may decide not to approve, or to withdraw approval for a manufacturer's pricing structure and amounts based on a conclusion that this pricing structure and/or amounts are not, or are no longer, fair and reasonable, by sending written notice to the manufacturer explaining the basis for this decision.
(D) In the case of a decision by the Administrator not to approve or to withdraw approval, the manufacturer shall within three months following notice of this decision, obtain Administrator approval for a revised pricing structure and amounts by following the approval process described in this paragraph (g)(7)(ii).
(8)
(9)
(i) The required emissions-related information as specified in paragraph (g)(5) of this section either:
(A) Directly in electronic format such as diskette or CD-ROM using non-proprietary software, in English; or
(B) Indirectly via a Web site other than that required by paragraph (g)(3) of this section;
(ii) For any manufacturer who utilizes an automated process in their manufacturer-specific scan tool for diagnostic fault trees, the data schema, detail specifications, including category types/codes and vehicle codes, and data format/content structure of the diagnostic trouble trees.
(iii) Manufacturers can satisfy the requirement of paragraph (g)(9)(ii) of this section by making available diagnostic trouble trees on their manufacturer Web sites in full-text.
(iv) Manufacturers are not responsible for the accuracy of the information distributed by third parties. However, where manufacturers charge information intermediaries for information, whether through licensing agreements or other arrangements, manufacturers are responsible for inaccuracies contained in the information they provide to third-party information providers.
(10)
(i) Video tape or otherwise duplicate and make available for sale on manufacturer Web sites within 30 days after transmission any emissions-related training courses provided to manufacturer franchised dealerships via the Internet or satellite transmission;
(ii) Provide on the manufacturer Web site an index of all emissions-related training information available for purchase by aftermarket service providers for 1994 and newer vehicles. For model years subsequent to 2003, the required information must be made available for purchase within 3 months of model introduction and then must be made available at the same time it is made available to manufacturer franchised dealerships, whichever is earlier. The index shall describe the title of the course or instructional session, the cost of the video tape or duplicate, and information on how to order the item(s) from the manufacturer Web site. All of the items available must be shipped within 24 hours of the order being placed and are to be made available at a fair and reasonable price as described in paragraph (g)(7) of this section. Manufacturers unable to meet the 24 hour shipping requirement under circumstances where orders exceed supply and additional time is needed by the distributor to reproduce the item being ordered, may exceed the 24 hour shipping requirement, but in no instance can take longer than 14 days to ship the item.
(iii) Provide access to third-party training providers as defined in paragraph (g)(2)(ii) of this section all emission-related training courses transmitted via satellite or Internet offered to their manufacturer franchised dealerships. Manufacturers may not charge unreasonable up-front fees to third-party training providers for this access, but may require a royalty, percentage, or other arranged fee based on per-use enrollment/subscription basis. Manufacturers may take reasonable steps to protect any copyrighted information and are not required to provide this information to parties that do not agree to such steps.
(11)
(ii)
(12)
(ii) For model years 1996 and later manufacturers shall provide persons specified in paragraph (g)(2)(i) of this section with an efficient and cost-effective method for identifying whether the calibrations on vehicles are the latest to be issued. This requirement takes effect on September 25, 2003, and within 3 months of model introduction for all new model years.
(iii) For all 2004 and later OBD vehicles equipped with reprogramming capability, manufacturers shall comply with SAE J2534 (Incorporated by reference,
(iv) For model years 2004 and later, manufacturers shall make available to aftermarket service providers the necessary manufacturer-specific software applications and calibrations needed to initiate pass-through reprogramming. This software shall be able to run on a standard personal computer that utilizes standard operating systems as specified in SAE J2534 (Incorporated by reference, see § 86.1).
(v) For model years prior to 2004, manufacturers may use SAE J2534 as described above, provided they make available to the aftermarket any additional required hardware (
(vi) Manufacturers may take any reasonable business precautions necessary to protect proprietary business information and are not required to provide this information to any party that does not agree to these reasonable business precautions. The requirement to make hardware available and to release the information to equipment and tool
(vii) Manufacturers who cannot comply with paragraphs (g)(12)(v) and (g)(12)(vi) of this section shall make available to equipment and tool companies by September 25, 2003 the following information necessary for reprogramming the Electronic Control Unit (ECU):
(A) The physical hardware requirements for reprogramming events or tools (
(B) ECU data communication (
(C) Information on the application physical interface (API) or layers (descriptions for procedures such as connection, initialization, performing and verifying programming/download, and termination).
(D) Vehicle application information or any other related service information such as special pins and voltages for reprogramming events or additional vehicle connectors that require enablement and specifications for the enablement.
(E) Information that describes what interfaces or combinations of interfaces are used to deliver calibrations from database media (
(viii) A manufacturer can propose an alternative to the requirements of paragraph (g)(12)(vii) of this section for how aftermarket service providers can reprogram an ECU. The Administrator will approve this alternative if the manufacturer demonstrates all of the following:
(A) That it cannot comply with paragraph (g)(12)(v) of this section for the vehicles subject to the alternative plan;
(B) That a very small percentage of its vehicles in model years prior to 2004 cannot be reprogrammed with the provisions described in paragraph (g)(12)(v) of this section, or that releasing the information to tool companies would likely not result in this information being incorporated into aftermarket tools; and
(C) That aftermarket service providers will be able to reprogram promptly at a reasonable cost.
(ix) In meeting the requirements of paragraphs (g)(12)(v) through (g)(12)(vii) of this section, manufacturers may take any reasonable business precautions necessary to protect proprietary business information and are not required to provide this information to any party that does not agree to these reasonable business precautions.
(13)
(i) The information required by paragraph (g)(13) of this section shall be provided electronically using common document formats to equipment and tool companies with whom they have appropriate licensing, contractual, and/or confidentiality arrangements. To the extent that a central repository for this information (
(ii) In addition to the generic and enhanced information defined in paragraph (g)(2)(ii) of this section, manufacturers shall also make available the following information necessary for developing generic diagnostic scan tools:
(A) The physical hardware requirements for data communication (
(B) ECU data communication (
(C) Information on the application physical interface (API) or layers. (
(D) Vehicle application information or any other related service information such as special pins and voltages or additional vehicle connectors that require enablement and specifications for the enablement.
(iii) Any manufacturer who utilizes an automated process in its manufacturer-specific scan tool for diagnostic fault trees shall make available to equipment and tool companies the data schema, detail specifications, including category types/codes and vehicle codes, and data format/content structure of the diagnostic trouble trees.
(iv) Manufacturers can satisfy the requirement of paragraph (g)(13)(iii) of this section by making available diagnostic trouble trees on their manufacturer Web sites in full-text.
(14)
(i) The net cost to the manufacturer's franchised dealerships for similar tools obtained from manufacturers, less any discounts, rebates, or other incentive programs;
(ii) The cost to the manufacturer for preparing and distributing the tools, excluding any research and development costs;
(iii) The price charged by other manufacturers of similar sizes for similar tools;
(iv) The capabilities and functionality of the manufacturer tool;
(v) The means by which the tools are distributed;
(vi) Inflation.
(vii) The ability of aftermarket technicians and shops to afford the tools.
(15)
(16)
(ii) Manufacturers are prohibited from requiring special tools to extinguish the malfunction indicator light (MIL) beginning with Model Year 2004.
(17)
(i) For Web-based delivery of service information, manufacturers shall comply with SAE Recommended Practice J1930 (Revised, May 1998), “Electrical/Electronic Systems Diagnostic Terms,
(ii) For identification and scaling information necessary to interpret and understand data available to a generic scan tool through “mode 6,” manufacturers shall comply with SAE Recommended Practice J1979 (Revised, September, 1997), “EE Diagnostic Test Modes” (Incorporated by reference,
(iii) For allowing ECU and equipment and tool manufacturers to satisfy the needs of multiple end users with minimum modification to a basic ECU design, manufacturers shall comply with “Recommended Practice J2284-3 (May, 2001), “High Speed CAN (HSC) for Vehicle Applications at 500 KBPS” (Incorporated by reference, see § 86.1). SAE J2284-3 establishes standard ECU physical layer, data link layer, and media design criteria. Manufacturers may comply with SAE J2284-3 beginning with model year 2003 and shall comply with SAE J2284-3 beginning with model year 2008.
(iv) For pass-through reprogramming capabilities, manufacturers shall comply with SAE Recommended Practice J2534 (February, 2002), “Recommended Practice for Pass-Thru Vehicle Programming” (Incorporated by reference,
(18)
(i) Total successful requests (measured in number of files including graphic interchange formats (GIFs) and joint photographic expert group (JPEG) images,
(ii) Total failed requests (measured in number of files). This is defined as the total failed request counts of all the files which were requested but failed because they could not be found or were read-protected. This includes pages, graphics, etc.
(iii) Average data transferred per day (measured by bytes). This is defined as average amount of data transferred per day from one place to another.
(iv) Daily Summary (measured in number of files/pages by day of week). This is defined as the total number of requests each day of the week, over the time period given at the beginning of the report.
(v) Daily report (measured in number of files/pages by the day of the month). This is defined as how many requests there were in each day of a specific month.
(vi) Browser Summary (measured in number of files/pages by browser type,
(vii) Any other information deemed necessary by the Administrator to determine the adequacy of a manufacturer Web site.
(19)
(ii) Any person who fails or causes the failure to comply with any provision of this paragraph (g) is liable for a violation of that provision. A corporation is presumed liable for any violations of this subpart that are committed by any of its subsidiaries, affiliates or parents that are substantially owned by it or substantially under its control.
(iii) Any person who violates a provision of this paragraph (g) shall be subject to a civil penalty of not more than $32,500 per day for each violation. This maximum penalty is shown for calendar year 2004. Maximum penalty limits for later years may be set higher based on the Consumer Price Index, as specified in 40 CFR part 19. In addition, such person shall be liable for all other remedies set forth in Title II of the Clean Air Act, remedies pertaining to provisions of Title II of the Clean Air Act, or other applicable provisions of law.
(a)(1)
(B)(
(
(ii)
(B)(
(
(iii) Exhaust emissions of carbon monoxide from 1997 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-natural gas- and liquefied petroleum gas-fueled diesel-cycle light-duty trucks only).
(iv) CST emissions from gasoline-fueled Otto-cycle light-duty trucks measured and calculated in accordance with subpart O of this part may not exceed the standards listed in paragraphs (a)(1)(iv) (A) and (B) of this section.
(A) Hydrocarbons: 100 ppm as hexane.
(B) Carbon monoxide: 0.5%.
(2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The test weight basis for light light-duty trucks, for the purposes of determining equivalent test weight as prescribed in § 86.129-94, shall be loaded vehicle weight. The test weight basis for heavy light-duty trucks, for the purposes of determining equivalent test weight as prescribed in § 86.129-94, shall be adjusted loaded vehicle weight. The standard set forth in
(3) The standards set forth in paragraph (a)(1)(iv) of this section refer to the exhaust emitted during the CST as set forth in subpart O of this part and measured and calculated in accordance with those provisions.
(b) [Reserved]. For guidance see § 86.096-9.
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1997 and later model year light-duty truck.
(d)-(f) [Reserved]
(g) Any model year 1997 and later light-duty truck that a manufacturer wishes to certify for sale shall meet the emission standards under both low- and high-altitude conditions as specified in § 86.082-2, except as provided in paragraphs (h) and (i) of this section. Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. Any emission control device used to meet emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.
(h) The manufacturer may exempt 1997 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, if the vehicles are not intended for sale at high altitude and if the requirements of paragraphs (h) (1) and (2) of this section are met.
(1) A vehicle configuration shall only be considered eligible for exemption under paragraph (h) of this section if the requirements of any of paragraphs (h)(1) (i), (ii), (iii), or (iv) of this section are met.
(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:
(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle configurations it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the gross vehicle weight (GVW) expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the 1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N/V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.
(B) The product line is then defined by the equation, N/V=C(D/W)
(C) The exemption line is then defined by the equation, N/V=C(0.84 D/W)
(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)
(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349 (copies may be obtained from SAE, 400 Commonwealth Dr., Warrendale, PA 15096), or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.
(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (h)(1)(i) of this section.
(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:
(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.
(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicles configurations which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (h)(1)(iii)(A) of this section.
(iv) In lieu of performing the test procedure of paragraph (h)(1)(iii) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.
(2) A vehicle shall only be considered eligible for exemption under this paragraph if at least one configuration of its model type (and transmission configuration in the case of vehicles equipped with manual transmissions, excluding differences due to the presence of overdrive) is certified to meet emission standards under high-altitude conditions as specified in paragraphs (a) through (g) of this section. The Certificate of Conformity (the Certificate) covering any exempted configuration(s) will also apply to the corresponding non-exempt configuration(s) required under this subparagraph. As a condition to the exemption, any suspension, revocation, voiding, or withdrawal of the Certificate as it applies to a non-exempt configuration for any reason will result in a suspension of the Certificate as it applies to the corresponding exempted configuration(s) of that model type, unless there is at least one other corresponding non-exempt configuration of the same model type still covered by the Certificate. The suspension of the Certificate as it applies to the exempted configuration(s) will be terminated when any one of the following occurs:
(i) Another corresponding non-exempt configuration(s) receive(s) coverage under the Certificate; or
(ii) Suspension of the Certificate as it applies to the corresponding non-exempt configuration(s) is terminated; or
(iii) The Agency's action(s), with respect to suspension, revocation, voiding or withdrawal of the Certificate as it applies to the corresponding non-exempt configuration(s), is reversed.
(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.
(i)(1) The manufacturers may exempt 1997 and later model year light-duty trucks from compliance at low altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles:
(i) Are not intended for sale at low altitude; and
(ii) Are equipped with a unique, high-altitude axle ratio (rear-wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel drive vehicles) with a higher N/V ratio than other configurations of that model type which are certified in compliance with the emission standards of paragraphs (a) and (b) of this section under low-altitude conditions.
(2) The sale of a vehicle for principal use at low altitude that has been exempted as set forth in paragraph (i)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.
(j) Any light-duty truck that a manufacturer wishes to certify for sale
(k)(1)
(2)
The definitions of § 86.096-2 continue to apply to 1996 and later model year vehicles. The definitions listed in this section apply beginning with the 1998 model year.
(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-98, is
(2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96 is also defined as a period of 11 years or 120,000 miles, whichever occurs first.
(3) For an Otto-cycle heavy-duty engine family:
(i) For hydrocarbon and carbon monoxide standards, a period of use of 8 years or 110,000 miles, whichever first occurs.
(ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.
(iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, a period of use of 10 years or 110,000 miles, whichever occurs first.
(4) For a diesel heavy-duty engine family:
(i) For light heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 110,000 miles, whichever first occurs.
(ii) For light heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.
(iii) For medium heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 185,000 miles, whichever first occurs.
(iv) For medium heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 185,000 miles, whichever first occurs.
(v) For heavy heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 290,000 miles, whichever first occurs, except as provided in paragraph (3)(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.
(a) The abbreviations in § 86.096-3 continue to apply. The abbreviations in this section apply beginning with the 1998 model year.
(b) The abbreviations of this section apply to this subpart, and also to subparts B, E, F, G, K, M, N, and P of this part, and have the following meanings:
Section 86.098-7 includes text that specifies requirements that differ from those specified in §§ 86.091-7, 86.094-7 and 86.096-7. Where a paragraph in § 86.091-7, § 86.094-7 or § 86.096-7 is identical and applicable to § 86.098-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” or “[Reserved]. For guidance see § 86.094-7.” or “[Reserved]. For guidance see § 86.096-7.”.
(a) introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7.
(a)(3) [Reserved]. For guidance see § 86.094-7.
(b)-(c)(2) [Reserved]. For guidance see § 86.091-7.
(c)(3) [Reserved]. For guidance see § 86.094-7.
(c)(4)-(d)(1)(v) [Reserved]. For guidance see § 86.091-7.
(d)(1)(vi)-(d)(2)(iv) [Reserved]. For guidance see § 86.094-7.
(d)(3)-(g) [Reserved]. For guidance see § 86.091-7.
(h)(1)-(h)(5) [Reserved]. For guidance see § 86.094-7.
(h)(6)
(h)(6)(ii) to (h)(7)(vi) [Reserved]. For guidance see § 86.096-7.
(h)(6)(vii) EPA evaporative/refueling family.
Section 86.098-8 includes text that specifies requirements that differ from § 86.096-8. Where a paragraph in § 86.096-8 is identical and applicable to § 86.098-8, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-8.”
(a)-(b)(5) [Reserved]. For guidance see § 86.096-8.
(b)(6) Vehicles certified to the refueling standards set forth in paragraph (d) of this section are not required to demonstrate compliance with the fuel dispensing spitback standards contained in § 86.096-8 (b)(1)(iii) and (b)(2)(iii):
(c) [Reserved]. For guidance see § 86.096-8.
(d) Refueling emissions from 1998 and later model year gasoline-fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty vehicles shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.
(1)
(ii)
(iii)
(iv)
(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 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) of this section may be waived:
(3)(i) A minimum of the percentage shown in table A98-08 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 vehicles shall be tested under the procedures in subpart B of this part indicated for 1998 and later model years, and shall not exceed the standards described in paragraph (d)(1) of this section. Vehicles certified in accordance with paragraph (d)(2)(ii) of this section, as determined by the provisions of § 86.098-28(g), shall not be counted in the calculation of the percentage of compliance.
(ii) Small volume manufacturers, as defined in § 86.094-14(b) (1) and (2), are exempt from the implementation schedule of table A98-08 of this section for model years 1998 and 1999. For small volume manufacturers, the standards of paragraph (d) of this section, and the
(e)-(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.096-8.
Section 86.098-10 includes text that specifies requirements that differ from § 86.096-10. Where a paragraph in § 86.096-10 is identical and applicable to § 86.098-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-10.”
(a)(1) Except as provided for 2003 and 2004 model years in §§ 86.005-10(f) and 86.1816-05, exhaust emissions from new 1998 and later model year Otto-cycle heavy-duty engines shall not exceed:
(i)
(A)
(B)
(
(C)
(
(
(ii)
(A)
(B)
(
(C)
(
(
(iii)
(A)
(B)
(
(C)
(
(iv)
(A)
(B)
(
(C)
(
(v)
(A)
(B)
(
(C)
(
(vi) For
(A)
(B)
(
(C)
(
(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)(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 paragraph:
(ii) The configurations certified to the emission standards of paragraphs (a)(1) (ii) 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 § 86.096-10(b)(1)(i), (b)(2)(i) and (b)(3)(i).
(iii) The configurations certified to the emission standards of paragraphs (a)(1) (ii) and (iv) of this section under the provisions of paragraphs (a)(3) (i) and (ii) 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) [Reserved]. For guidance see § 86.096-10.
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1998 or later model year Otto-cycle heavy-duty engine.
(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart N or P of this part to ascertain that such test engines meet the requirements of paragraphs (a) and (c) of this section.
(a) Exhaust emissions from new 1998 and later model year diesel heavy-duty engines shall not exceed the following:
(1)(i)
(ii)
(iii)
(2)
(ii) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel only).
(3)
(ii) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NO
(4)
(ii) For all other diesel engines only, 0.10 gram per brake horsepower-hour (0.037 gram per megajoule), as measured under transient operating conditions.
(iii) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in § 86.098-15 as applicable. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed:
(A) For engine families intended for use in urban buses, 0.25 gram per brake horsepower-hour (0.093 gram per megajoule).
(B) For engine families
(C) The ceiling values in paragraphs (a)(4)(iii) (A) and (B) of this section apply whether credits for the family are derived from averaging, trading or banking programs.
(b)(1) The opacity of smoke emission from new 1998 and later model year diesel heavy-duty engine 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)(
(
(B)
(C)
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs:
(A)(
(
(B)
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs,
(B) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(iv) All fuel vapor generated during in-use operations shall be routed exclusively to the evaporative control system (e.g., either canister or engine purge). The only exception to this requirement shall be for emergencies.
(v)(A) At least 90 percent of a manufacturer's sales of 1998 model year heavy-duty vehicles equipped with methanol-fueled diesel engines shall not exceed the standards described in paragraph (b)(3) of this section. The remaining vehicles shall be subject to the standards described in § 86.094-11(b)(3). All 1999 model year and later heavy-duty vehicles equipped with methanol-fueled diesel engines shall not exceed the standards described in paragraph (b)(3) of this section.
(B) Optionally, 90 percent of a manufacturer's combined sales of 1998 model year gasoline- and methanol-fueled light-duty vehicles, light-duty trucks, and heavy-duty vehicles shall not exceed the applicable standards.
(C) Small volume manufacturers, as defined in § 86.092-14(b) (1) and (2), are exempt from the phase-in described in paragraph (b)(3)(v)(A) of this section. For small volume manufacturers, the standards of § 86.094-11(b)(3), and the associated test procedures, apply for the 1998 model year. Beginning in the 1999 model year, 100 percent compliance with the standards of this section is required. This exemption does not apply to small volume engine families as defined in § 86.092-14(b)(5).
(4)
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 pounds, the standards set forth in paragraph (b)(4) of this section refer to a composite sample of evaporative emissions collected under the conditions set forth in subpart M of this part and measured in accordance with those procedures.
(B) For vehicles with a Gross Vehicle Weight Rating greater than 26,000 lbs, the standards set forth in paragraphs (b)(3)(ii) and (b)(4)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1998 or later model year methanol-, natural gas-, or liquefied petroleum gas-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
Section 86.098-14 includes text that specifies requirements that differ from §§ 86.094-14 or 86.095-14. Where a paragraph in § 86.094-14 or § 86.095-14 is identical and applicable to § 86.098-14, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-14.” or “[Reserved]. For guidance see § 86.095-14.”.
(a)-(c)(7)(i)(C)(
(c)(7)(i)(C)(
(c)(7)(ii)-(c)(11)(ii)(B) introductory text [Reserved]. For guidance see § 86.094-14.
(c)(11)(ii)(B)(
(c)(11)(ii)(B)(
(c)(11)(ii)(B)(
(c)(11)(ii)(B)(
(
(
(
(
(c)(11)(ii)(C)-(c)(11)(ii)(D)(
(c)(11)(ii)(D)(
(c)(11)(ii)(D)(
Section 86.098-15 includes text that specifies requirements that differ from § 86.094-15. Where a paragraph in § 86.094-15 is identical and applicable to § 86.098-15, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-15.”
(a)-(b) [Reserved]. For guidance see § 86.094-15.
(c)(1) For each participating engine family, NO
(i) For determining credit need for all engine families and credit availability for engine families generating credits for averaging programs only:
(ii) For determining credit availability for engine families generating credits for trading or banking programs:
(iii) For purposes of the equations in paragraphs (c)(1)(i) and (ii) of this section:
(2)(i) The transient cycle conversion factor is the total (integrated) cycle brake horsepower-hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles.
(ii) When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in § 86.085-24), the conversion factor used is to be based upon a production weighted average value of the configurations in an engine family to calculate the conversion factor.
(d)-(i) [Reserved]. For guidance see § 86.094-15.
(j)
(1) To be eligible for the optional program described in paragraph (j) of this section, the following must apply:
(i) Credits are generated from diesel cycle heavy-duty engines.
(ii) During certification, the manufacturer shall declare its intent to include specific engine families in the program described in this paragraph (j). Separate declarations are required for each program and no engine families may be included in both programs in the same model year.
(2)
(ii) Credits may only be used for 2004 and later model year heavy-duty diesel engines. When used with 2004 and later model year engines, NO
(iii) If a manufacturer chooses to use credits generated under paragraph (j) of this section prior to model year 2004, the averaging, trading, and banking of such credits shall be governed by the program provided in paragraphs (a) through (i) of this section and shall be subject to all discounting, credit life limits and all other provisions contained therein. In the case where the manufacturer can demonstrate that the credits were discounted under the program provided in paragraph (j) of this section, that discount may be accounted for in the calculation of credits described in paragraph (c) of this section.
(3)
(ii) There are no regional category restraints for averaging, trading, and banking of credits generated under the program described in paragraph (j) of this section. This supersedes the regional category provisions described in the opening text of paragraphs (d) and (e) of this section.
(iii)
(B) For NO
(iv)
(A) The manufacturer shall pre-identify two emission levels per engine family for the purposes of credit apportionment. One emission level shall be the FEL and the other shall be the level of the standard that the engine family is required to certify to under § 86.098-11. For each engine family, the manufacturer may report engine sales in two categories, “ABT-only credits” and “nonmanufacturer-owned credits”.
(
(
(B) Only manufacturer-owned credits reported as “ABT-only credits” shall be used in the averaging, trading, and banking provisions described in this section.
(C) 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.
(D) Manufacturers shall determine and state the number of engines sold as “ABT-only credits” and “nonmanufacturer-owned credits” in the end-of-model year reports required under § 86.098-23.
Section 86.098-17 includes text that specifies requirements that differ from § 86.094-17. Where a paragraph in § 86.094-17 is identical and applicable to § 86.098-17, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-17.”
(a) introductory text through (a)(3) [Reserved]. For guidance see § 86.094-17.
(a)(4) Any other deterioration or malfunction within the powertrain which occurs in actual use and which results in an exhaust emission increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi NO
(b)(1) The electronic evaporative and/or refueling emission purge control, if equipped, and all emission-related powertrain components connected to a computer shall, at a minimum, be monitored for circuit continuity. All components required by these regulations to be monitored shall be evaluated periodically, but no less frequently than once per Urban Dynamometer Driving Schedule as defined in 40 CFR part 86, appendix I, paragraph (a), or similar trip.
(b)(2)-(i) [Reserved]. For guidance see § 86.094-17.
(j) Demonstration of compliance with California OBD II requirements (Title 13 California Code Sec. 1968.1), as modified pursuant to California Mail Out #97-24 (December 9, 1997), shall satisfy the requirements of this section, except that compliance with Title 13 California Code Secs. 1968.1(b)(4.2.2), pertaining to evaporative leak detection, and 1968.1(d), pertaining to tampering protection, are not required to satisfy the requirements of this section.
Section 86.098-21 includes text that specifies requirements that differ from § 86.094-21 or § 86.096-21. Where a paragraph in § 86.094-21 or § 86.096-21 is identical and applicable to § 86.098-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.”.
(a)-(b)(3) [Reserved]. For guidance see § 86.094-21.
(b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors (as applicable) required to be determined and supplied in § 86.098-23(b)(2).
(b)(4)(ii)-(iv) [Reserved]. For guidance see § 86.094-21.
(b)(5)(v) For light-duty vehicles 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)-(8) [Reserved]. For guidance see § 86.094-21.
(b)(9) For each light-duty vehicle, light-duty truck, or heavy-duty vehicle evaporative/refueling 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/refueling emission family, and a description of the method used to develop those unique procedures.
(10) For each light-duty vehicle, light-duty truck, or heavy-duty vehicle evaporative/refueling emission family:
(i) Canister working capacity, according to the procedures specified in § 86.132-96(h)(1)(iv);
(ii) Canister bed volume; and
(iii) Fuel temperature profile for the running loss test, according to the procedures specified in § 86.129-94(d).
(c)-(j) [Reserved]. For guidance see § 86.094-21.
(k) and (l) [Reserved]. For guidance see § 86.096-21.
Section 86.098-22 includes text that specifies requirements that differ from § 86.094-22. Where a paragraph in § 86.094-22 is identical and applicable to § 86.098-22, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-22.”
(a)-(c) [Reserved]. For guidance see § 86.094-22.
(d) Approval of test procedures. (1) The Administrator does not approve the test procedures for establishing the evaporative and/or refueling emission deterioration factors for light-duty vehicles and light-duty trucks. The manufacturer shall submit the procedures as required in § 86.098-21(b)(4)(i) prior to the Administrator's selection of the test fleet under § 86.098-24(b) (1), and if such procedures will involve testing of durability data vehicles selected by the Administrator or elected by the manufacturer under § 86.098-24(c)(1), prior to initiation of such testing.
(d)(2)-(g) [Reserved]. For guidance see § 86.094-22.
Section 86.098-23 includes text that specifies requirements that differ from § 86.095-23. Where a paragraph in § 86.095-23 is identical and applicable to § 86.098-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-23.”
(a) The manufacturer shall perform the tests required by the applicable test procedures and submit to the Administrator the information described in paragraphs (b) through (m) of this
(b)
(ii) The manufacturer shall submit exhaust emission deterioration factors for light-duty trucks and HDEs and all test data that are derived from the testing described under § 86.094-21(b)(5)(i)(A), as well as a record of all pertinent maintenance. Such testing shall be designed and conducted in accordance with good engineering practice to assure that the engines covered by a certificate issued under § 86.098-30 will meet each emission standard (or family emission limit, as appropriate) in § 86.094-9, § 86.098-10, § 86.098-11 or superseding emissions standards sections as appropriate, in actual use for the useful life applicable to that standard.
(b)(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit evaporative emission and/or refueling emission deterioration factors for each evaporative/refueling emission family-emission control system combination and all test data that are derived from testing described under § 86.098-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.098-30 will meet the evaporative and/or refueling emission standards in § 86.098-8 or § 86.098-9, as appropriate, for the useful life of the vehicle.
(3) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, the manufacturer shall submit evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination identified in accordance with § 86.094-21(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 § 86.098-30 will meet the evaporative emission standards in §§ 86.096-10 and 86.098-11 or superseding emissions standards sections as applicable 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, the manufacturer shall submit a written statement to the Administrator certifying that the manufacturer's vehicles meet the standards of § 86.098-10 or § 86.098-11 or superseding emissions standards sections as applicable as determined by the provisions of § 86.098-28. Furthermore, the manufacturer shall submit a written statement to the Administrator that all data, analyses, test procedures, evaluations, and other documents, on which the requested 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, the manufacturer shall submit a written statement to the Administrator certifying that the manufacturer's evaporative emission control systems are designed, using good engineering practice, to meet the standards of § 86.096-10 or § 86.098-11 or superseding emissions standards sections as applicable as determined by the provisions of § 86.098-28. Furthermore, the manufacturer shall submit a written statement to the Administrator that all
(b)(4)(iii) For petroleum-fueled diesel-cycle vehicles certifying under the waiver provisions of § 86.098-28, the certifications and representations specified in § 86.098-28.
(c)(1) [Reserved]. For guidance see § 86.095-23.
(c)(2) Certification engines. (i) The manufacturer shall submit emission data on such engines tested in accordance with applicable emission test procedures of this subpart and in such numbers as specified. These data shall include zero-hour data, if generated, and emission data generated for certification as required under § 86.098-26(c)(4). These data shall also include, where there is a combined standard (e.g., NMHC + NO
(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 confirmatory, Selective Enforcement Audit, and recall testing by the Agency, both the cold-start and hot-start test data, as specified in subpart N of this part, will be included in the official results.
(d) The manufacturer shall submit a statement that the vehicles (or engines) for which certification is requested conform to the requirements in § 86.090-5(b), and that the descriptions of tests performed to ascertain compliance with the general standards in § 86.090-5(b), and that the data derived from such tests, are available to the Administrator upon request.
(e)(1) The manufacturer shall submit a statement that the test vehicles (or test engines) for which data are submitted to demonstrate compliance with the applicable standards (or family emission limits, as appropriate) of this subpart are in all material respects as described in the manufacturer's application for certification, that they have been tested in accordance with the applicable test procedures utilizing the fuels and equipment described in the application for certification, and that on the basis of such tests the vehicles (or engines) conform to the requirements of this part. If such statements cannot be made with respect to any vehicle (or engine) tested, the vehicle (or engine) shall be identified, and all pertinent data relating thereto shall be supplied to the Administrator. If, on the basis of the data
(2) For evaporative and refueling emission durability, or light-duty truck or HDE exhaust emission durability, the manufacturer shall submit a statement of compliance with paragraph (b)(1)(ii),(b)(2), (b)(3) or (b)(4) of this section, 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 manufacturers' application for certification. Furthermore, a description of the procedures used to determine the number of equivalent UDDS miles required to purge the refueling canisters, as determined by the provisions of § 86.098-21(b)(5)(v) and subpart B of this part. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations and other documents, on which the above statement is based, are available to the Administrator upon request.
(f)-(g) [Reserved]. For guidance see § 86.095-23.
(h) Additionally, manufacturers participating in any of the emissions ABT programs under § 86.098-15 or superseding ABT sections for HDEs shall submit for each participating family the items listed in paragraphs (h) (1) through (3) of this section.
(1)
(ii) The application for certification will also include identification of the section of this subpart under which the family is participating in ABT (i.e., § 86.098-15 or superseding ABT sections), the type (NOX, NO
(2) [Reserved]
(3)
(i) These reports shall be submitted within 90 days of the end of the model year to: Director, Engine Programs and Compliance Division (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 or 50-state, as applicable) production volume, the values required to calculate credits as given in the applicable ABT section, the resulting type 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). Any credit discount factor described in
(iii) The 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 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 ABT programs to submit any quarterly or end-of-year report (as applicable) in the specified time for all vehicles and engines that are part of an averaging set is a violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) for each such vehicle and engine.
(j) Failure by a manufacturer generating credits for deposit only in the HDE banking programs to submit their end-of-year reports in the applicable specified time period (i.e., 90 days after the end of the model year) shall result in the credits not being available for use until such reports are received and reviewed by EPA. Use of projected credits pending EPA review will not be permitted in these circumstances.
(k) Engine families certified using NCPs are not required to meet the requirements outlined in paragraphs (f) through (j) of this section.
(l) [Reserved]. For guidance see § 86.095-23.
(m) Additionally, except for small-volume manufacturers, manufacturers certifying vehicles shall submit for each model year 1998 light-duty vehicle, light-duty truck, and gasoline- and methanol-fueled heavy-duty vehicle evaporative family:
(1) In the application for certification the projected sales volume of evaporative families certifying to the respective evaporative test procedure and accompanying standards as set forth or otherwise referenced in §§ 86.090-8, 86.090-9, 86.091-10 and 86.094-11 or as set forth or otherwise referenced in §§ 86.096-8, 86.096-9, 86.096-10 and 86.098-11 or as set forth or otherwise referenced in superseding emissions standards sections. 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 evaporative family.
(i) These end-of-year reports shall be submitted within 90 days of the end of the model year to: For heavy-duty engines—Director, Engine Programs and Compliance Divisions (6403J), For vehicles—Director, Vehicle Compliance and Programs Division (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
(ii) These reports shall indicate the model year, evaporative 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 that 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 evaporative family(ies) being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency.
(v) The information shall be organized in such a way as to allow the Administrator to determine compliance with the Evaporative Emission Testing implementation schedules of §§ 86.096-8, 86.096-9, 86.096-10 and 86.098-11.
Section 86.098-24 includes text that specifies requirements that differ from
(a) introductory text through (a)(4) [Reserved]. For guidance see § 86.096-24.
(a)(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 and/or refueling emission characteristics (as applicable) throughout their useful life. Each group of vehicles with similar evaporative and/or refueling emission characteristics shall be defined as a separate evaporative/refueling emission family.
(a)(6) For gasoline-fueled or methanol-fueled light-duty vehicles and light-duty trucks to be classed in the same evaporative/refueling emission family, vehicles must be similar with respect to the items listed in paragraphs (a)(6) (i) through (xii) of this section.
(i) Type of vapor storage device (e.g., canister, air cleaner, crankcase).
(ii) Basic canister design.
(A) Working capacity—grams adsorption within a 10g. range.
(B) System configuration—number of canisters and method of connection (i.e., series, parallel).
(C) Canister geometry, construction and materials.
(iii) Fuel system.
(iv) Type of refueling emission control system—non-integrated or integrated with the evaporative control system. Further, if the system is non-integrated, whether or not any other evaporative emissions, e.g. diurnal or hot soak emissions, are captured in the same storage device as the refueling emissions.
(v) Fillpipe seal mechanism—mechanical, liquid trap, other.
(vi) Fill limiter system.
(vii) Vapor control system or method of controlling vapor flow through the vapor line to the canister.
(viii) Vapor/liquid separator usage.
(ix) Purge system (valve, purge strategy and calibrations).
(x) Vapor hose diameter and material.
(xi) Canister location (front, rear, mid-vehicle).
(xii) Onboard diagnostic hardware and calibrations.
(a)(7) Where vehicles are of a type which cannot be divided into evaporative/refueling emission families based on the criteria listed above (such as non-canister control system approaches), the Administrator will establish families for those vehicles based upon the features most related to their evaporative and/or refueling emission characteristics.
(a)(8)-(b)(1)(vi) [Reserved]. For guidance see § 86.096-24.
(b)(1)(vii)(A) Vehicles of each evaporative/refueling emission family will be divided into evaporative/refueling emission control systems.
(B) The Administrator will select the vehicle expected to exhibit the highest evaporative and/or refueling emissions, from within each evaporative/refueling family to be certified, from among the vehicles represented by the exhaust emission-data selections for the engine family, unless evaporative and/or refueling testing has already been completed on the vehicle expected to exhibit the highest evaporative and/or refueling emissions for the evaporative/refueling 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/refueling emission control system then the Administrator will select the highest expected evaporative/refueling emission vehicle from within the unrepresented evaporative/refueling system.
(viii) For high-altitude evaporative and/or refueling emission compliance for each evaporative/refueling 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 paragraph (b)(1)(vii)(B) or (b)(1)(vii)(C) of this section which is expected to have the highest level of evaporative and/or refueling emissions when operated at high altitude; or
(B) [Reserved]. For guidance see § 86.096-24.
(b)(ix)-(e)(2) [Reserved]. For guidance see § 86.096-24.
(f)
(g)-(h) [Reserved]. For guidance see § 86.096-24.
Section 86.098-25 includes text that specifies requirements that differ from § 86.094-25. Where a paragraph in § 86.094-25 is identical and applicable to § 86.098-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.”
(a)(1) [Reserved]. For guidance see § 86.094-25.
(a)(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors is classified as either emission- related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.
(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.
(b)(3)(vi)(E) Evaporative and/or refueling emission canister(s).
(F) Turbochargers.
(G) Carburetors.
(H) Superchargers.
(I) EGR System including all related filters and control valves.
(J) Mechanical fillpipe seals.
(b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see § 86.094-25.
(b)(6)(i)(F) Evaporative and refueling emission control system components (excluding canister air filter).
(b)(6)(i)(G)-(h) [Reserved]. For guidance see § 86.094-25.
Section 86.098-26 includes text that specifies requirements that differ from § 86.094-26, § 86.095-26 or § 86.096-26. Where a paragraph in § 86.094-26, § 86.095-26 or § 86.096-26 is identical and applicable to § 86.098-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” or “[Reserved]. For guidance see § 86.095-26.” or “[Reserved]. For guidance see § 86.096-26.”.
(a)(1) and (2) [Reserved]. For guidance see § 86.094-26.
(a)(3)
(i)
(B) [Reserved]. For guidance see § 86.094-26.
(C) Exhaust, evaporative and refueling emissions tests for emission-data vehicle(s) selected for testing under § 86.096-24(b)(1) (i), (ii), (iii) or (iv) or § 86.098-24(b)(1)(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.
(a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see § 86.094-26.
(a)(3)(ii)(C) Exhaust, evaporative and refueling emissions tests (as required) for emission-data vehicle(s) selected for testing under § 86.096-24(b)(1) (i), (ii), (iii), or (iv), or § 86.098-24 (b)(1)(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.
(a)(3)(ii)(D)-(b)(4)(i)(C) [Reserved]. For guidance see § 86.094-26.
(b)(4)(i)(D)-(b)(4)(ii)(D) [Reserved]. For guidance see § 86.095-26.
(b)(4)(iii) [Reserved]
(b)(4)(iv)-(c)(3) [Reserved]. For guidance see § 86.094-26.
(c)(4) [Reserved]. For guidance see § 86.096-26.
(d) [Reserved]. For guidance see § 86.094-26.
Section 86.098-28 includes text that specifies requirements that differ from § 86.094-28. Where a paragraph in § 86.094-28 is identical and applicable to § 86.098-28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-28.”
(a)(1) Paragraph (a) of this section applies to light-duty vehicles.
(2) Each exhaust, evaporative and refueling emission standard (and family particulate emission limits, as appropriate) of § 86.098-8 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.098-2 and 86.098-8.
(3) [Reserved]. For guidance see § 86.094-28.
(4) The procedure for determining compliance of a new motor vehicle with exhaust, evaporative and/or refueling emission standards (or family particulate emission limit, as appropriate) is as described in paragraphs (a)(4)(i) introductory text, (a)(4)(i)(C), (a)(4)(ii)(B) and (C), (a)(4)(iii), (a)(4)(v), (f) and (g) of this section and § 86.094-28 (a)(4)(i)(A) and (B), (a)(4)(ii)(A), (a)(4)(iv)) except where specified by paragraph (a)(7) of this section for the Production AMA Durability Program.
(i) Separate emission deterioration factors shall be determined from the exhaust emission results of the durability-data vehicle(s) for each engine-system combination. 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 paragraph (g) of this section only).
(a)(4)(i)(A) and (a)(4)(i)(B) [Reserved]. For guidance see § 86.094-28.
(a)(4)(i)(C)
(
(
(D) A refueling emissions deterioration factor (gasoline-fueled, methanol-fueled and petroleum-fueled diesel-cycle vehicles not certified under the provisions of paragraph (g) of this section) shall be determined from testing conducted and described in § 86.098-21(b)(4)(i)(B) for each evaporative/refueling emission family-emission control system combinationto indicate the refueling emission level at the applicable usefule life relative to the refueling emission level at 4,000 miles as follows:
(
(
(a)(4)(ii)(A) [Reserved]. For guidance see § 86.094-28.
(a)(4)(ii)(B) The official evaporative emission test results (gasoline-fueled and methanol-fueled vehicles only) for each evaporative emission-data vehicle at the selected test point shall be adjusted by addition of the appropriate deterioration factor:
(C) The official refueling emission test results (gasoline-fueled, methanol-fueled, and petroleum-fueled diesel cycle vehicles not certified under the provisions of paragraph (g) of this section) for each refueling emission-data vehicle at the selected test point shall be adjusted by addition of the appropriate deterioration factor:
(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) (B) and (C) of this section and § 86.094-28 (a)(4)(ii)(A) for each emission-data vehicle. Before any emission value is compared with the standard (or the family particulate emission limit, as appropriate), it shall be rounded, in accordance with ASTM E 29-67, (reapproved 1980) (as referenced in § 86.094-28(a)(4)(i)(B)(
(iv) [Reserved]. For guidance see § 86.094-28.
(v) Every test vehicle of an evaporative/refueling emission family must comply with the evaporative and/or refueling emission standards, as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.
(a)(5)-(a)(6) [Reserved]. For guidance see § 86.094-28.
(a)(7) The procedure to determine the compliance of new motor vehicles in the Production AMA Durability Program described in § 86.094-13 is the same as described in paragraphs (a)(4)(iii) and (v) of this section and § 86.094-28 (a)(4)(iv). For the engine families that are included in the Production AMA Durability Program, the exhaust emission deterioration factors used to determine compliance shall be those that the Administrator has approved under § 86.094-13. The evaporative emission deterioration factor for each evaporative /refueling emission family shall be determined and applied according to paragraph (a)(4)(ii)(B) of this section. The refueling emission deterioration factor for each evaporative/refueling emission family shall be determined and applied according to paragraph (a)(4)(ii)(C) of this section. The procedures to determine the minimum exhaust emission deterioration factors required under § 86.094-13(d) are as described in paragraph (a)(7)(i) of this section and § 86.094-28 (a)(7)(ii).
(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability data
(a)(7)(ii)-(d) [Reserved]. For guidance see § 86.094-28.
(e) [Reserved]
(f)
(i) The manufacturer certifies that the vehicle inherently meets the Dispensing Spitback Standard as part of compliance with the refueling emission standard; and
(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)
(i) This provision is only available for petroleum diesel fuel. It is only available if the Reid Vapor Pressure of in-use diesel fuel is equal to or less than 1 psi (7 kPa) and for diesel vehicles whose fuel tank temperatures do not exceed 130 °F (54 °C); and
(ii) To certify using this provision the manufacturer must attest to the following evaluation: “Due to the low vapor pressure of diesel fuel and the vehicle tank temperatures, hydrocarbon vapor concentrations are low and the vehicle meets the 0.20 grams/gallon refueling emission standard without a control system.”
(2) The certification required in paragraph (g)(1)(ii) of this section must be provided in writing and must apply for the full useful life of the vehicle.
(3) EPA reserves the authority to require testing to enforce compliance and to prevent noncompliance with the refueling emission standard.
(4) Vehicles certified to the refueling emission standard under this provision shall not be counted in the sales percentage compliance determinations for the 1988, 1989 and subsequent model years.
(h)
Section 86.098-30 includes text that specifies requirements that differ from § 86.094-30, § 86.095-30 or § 86.096-30. Where a paragraph in § 86.094-30, § 86.095-30 or § 86.096-30 is identical and applicable to § 86.098-30. This may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-30.” or “[Reserved]. For guidance see § 86.095-30.” or “[Reserved]. For guidance see § 86.096-30.”.
(a)(1) and (a)(2) [Reserved]. For guidance see § 86.094-30.
(a)(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light duty-trucks and petroleum-fueled diesel-cycle light-duty vehicles and light duty-trucks not certified under § 86.098-28(g), one such certificate will be issued for each engine family-evaporative/refueling emission family combination. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate).
(a)(3)(ii)-(a)(4)(ii) [Reserved]. For guidance see § 86.095-30.
(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see § 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see § 86.095-30.
(a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see § 86.094-30.
(a)(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-duty truck families which are included in a particulate averaging program, the manufacturer's production-weighted average of the particulate emission limits of all engine families in a participating class or classes shall not exceed the applicable diesel-cycle particulate standard, or the composite particulate standard defined in § 86.090-2 as appropriate, at the end of the model year, as determined in accordance with this part. The certificate shall be void ab initio for those vehicles causing the production-weighted FEL to exceed the particulate standard.
(ii) For all heavy-duty diesel-cycle engines which are included in the particulate ABT programs under §§ 86.094-15, 86.098-15, or superseding ABT sections, the provisions of paragraphs (a)(10)(ii) (A) through (C) of this section apply.
(A) All certificates issued are conditional upon the manufacturer complying with all applicable ABT provisions and the ABT related provisions of other applicable sections, both during and after the model year production.
(B) Failure to comply with all applicable ABT provisions will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.
(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.
(11)(i) For light-duty truck families which are included in a NO
(ii) For all HDEs which are included in the NO
(A) All certificates issued are conditional upon the manufacturer complying with all applicable ABT provisions and the ABT related provisions of other applicable sections, both during and after the model year production.
(B) Failure to comply with all applicable ABT provisions will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.
(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.
(a)(12) [Reserved]. For guidance see § 86.094-30.
(a)(13) [Reserved]. For guidance see § 86.095-30.
(a)(14) [Reserved]. For guidance see § 86.094-30.
(a)(15)-(18) [Reserved]. For guidance see § 86.096-30.
(a)(19) For all light-duty vehicles certified to refueling emission standards under § 86.098-8, the provisions of paragraphs (a)(19) (i) through (iii) of this section apply.
(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.098-8, both during and after model year production.
(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.094-8 be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the vehicles sold in violation of the implementation schedule shall not be covered by the certificate.
(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.
(b)(1) introductory text through (b)(1)(i)(B) [Reserved]. For guidance see § 86.094-30.
(b)(1)(i)(C) The emission-data vehicle(s) selected under § 86.098-24(b)(1)(vii) (A) and (B) shall represent all vehicles of the same evaporative/refueling control system within the evaporative /refueling family.
(b)(1)(ii)-(b)(1)(iv) [Reserved]. For guidance see § 86.094-30.
(b)(2) The Administrator will proceed as in paragraph (a) of this section with respect to the vehicles (or engines) belonging to an engine family or engine family-evaporative/refueling emission family combination (as applicable), all of which comply with all applicable standards (or family emission limits, as appropriate).
(b)(3)-(b)(4)(i) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii) Remove the vehicle configuration (or evaporative/refueling vehicle configuration, as applicable) which failed, from his application:
(b)(4)(ii)(A) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii)(B) If the failed vehicle was tested for compliance with one or more of the exhaust, evaporative and refueling emission standards: The Administrator may select, in place of the failed vehicle, in accordance with the selection criteria employed in selecting the failed vehicle, a new emission data vehicle which will be tested for compliance with all of the applicable emission standards. If one vehicle cannot be selected in accordance with the selection criteria employed in selecting the failed vehicle, then two or more vehicles may be selected (e.g., one vehicle to satisfy the exhaust emission vehicle selection criteria and one vehicle to satisfy the evaporative and refueling emission vehicle selection criteria). The vehicle selected to satisfy the exhaust emission vehicle selection criteria will be tested for compliance with exhaust emission standards (or family emission limits, as appropriate) only. The vehicle selected to satisfy the evaporative and/or refueling emission vehicle selection criteria will be tested for compliance with exhaust, evaporative and/or refueling emission standards; or
(iii) Remove the vehicle configuration (or evaporative/refueling vehicle configuration, as applicable) which failed from the application and add a vehicle configuration(s) (or evaporative/refueling vehicle configuration(s), as applicable) not previously listed. The Administrator may require, if applicable, that the failed vehicle be modified to the new engine code (or evaporative/refueling emission code, as applicable) and demonstrate by testing that it meets applicable standards (or family emission limits, as appropriate) for which it was originally tested. In addition, the Administrator may select, in accordance with the vehicle selection criteria given in § 86.001-24(b), a new emission data vehicle or vehicles. The vehicles selected to satisfy the exhaust emission vehicle selection criteria will be tested for compliance with exhaust emission standards (or family emission limits, as appropriate) only. The vehicles selected to satisfy the evaporative emission vehicle selection criteria will be tested for compliance with all of the applicable emission standards (or family emission limits, as appropriate); or
(iv) Correct a component or system malfunction and show that with a correctly functioning system or component the failed vehicle meets applicable standards (or family emission limits, as appropriate) for which it was originally tested. The Administrator may require a new emission data vehicle, of identical vehicle configuration (or evaporative/refueling vehicle configuration, as applicable) to the failed vehicle, to be operated and tested for compliance with the applicable standards (or family emission limits, as appropriate) for which the failed vehicle was originally tested.
(b)(5)-(e) [Reserved]. For guidance see § 86.094-30.
(f) introductory text through (f)(3) [Reserved]. For guidance see § 86.095-30.
(f)(4) The electronic evaporative and/or refueling purge control device (if equipped) or any emission-related powertrain component connected to a computer is electrically disconnected.
Section 86.098-35 includes text that specifies requirements that differ from §§ 86.095-35 and 86.096-35. Where a paragraph in § 86.095-35 or § 86.096-35 is identical and applicable to § 86.098-35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-35.” or “[Reserved]. For guidance see § 86.096-35.”.
(a) introductory text through (a)(1)(iii)(B) [Reserved]. For guidance see § 86.095-35.
(a)(1)(iii)(C) Engine displacement (in cubic inches or liters), engine family identification and evaporative/refueling family identification.
(a)(1)(iii)(D)-(L) [Reserved]. For guidance see § 86.095-35.
(a)(1)(iii)(M) For model year 1998 light-duty vehicles, a clear indication of which test procedure was used to certify the evaporative/refueling family, e.g., “Evaporative /refueling Family xx (§ 86.130-96 procedures)” or “Evaporative /refueling Family xx (§ 86.130-78 procedures).”
(a)(1)(iii)(N) [Reserved]. For guidance see § 86.096-35.
(a)(2) heading through (a)(2)(iii)(K) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(L) [Reserved]
(a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see § 86.095-35.
(a)(2)(iii)(O)-(a)(2)(iii)(P) [Reserved]. For guidance see § 86.096-35.
(a)(3) heading through (a)(4)(iii)(F) [Reserved]. For guidance see § 86.095-35.
(a)(4)(iii)(G) [Reserved]. For guidance see § 86.096-35.
(b)-(i) [Reserved]. For guidance see § 86.095-35.
(j) The Administrator may approve in advance other label content and formats provided the alternative label contains information consistent with this section.
Section 86.099-1 includes text that specifies requirements that differ from those specified in § 86.094-1. Where a paragraph in § 86.094-1 is identical and applicable to § 86.099-1, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-1.”.
(a)-(b) [Reserved]. For guidance see § 86.094-1.
(c)
(d) [Reserved]
(e)-(f) [Reserved]. For guidance see § 86.094-1.
Section 86.099-8 includes text that specifies requirements that differ from § 86.096-8. Where a paragraph in § 86.096-8 is identical and applicable to § 86.099-8, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-8.”
(a)(1)-(a)(1)(ii)(B) [Reserved]. For guidance see § 86.096-8.
(iii) CST emissions from gasoline-fueled Otto-cycle light-duty vehicles measured and calculated in accordance with subpart O of this part may not exceed the standards listed in paragraphs (a)(1)(iii) (A) and (B) of this section.
(A) Hydrocarbons: 100 ppm as hexane.
(B) Carbon monoxide: 0.5%.
(2) [Reserved]
(3) The standards set forth in paragraph (a)(1)(iii) of this section refer to the exhaust emitted during the CST as set forth in subpart O of this part and measured and calculated in accordance with those provisions.
(b) Evaporative emissions from light-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)
(B)
(ii)
(iii)
(2)
(B) For the supplemental two-diurnal test sequence described in § 86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon per test.
(ii) Running loss test: 0.05 grams carbon per mile.
(iii) Fuel dispensing spitback test: 1.0 gram carbon per test.
(3) The standards set forth in paragraphs (b) (1) and (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 B of this part.
(4) All fuel vapor generated in a gasoline- or methanol-fueled light-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.
(5) [Reserved]. For guidance see § 86.096-8.
(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 paragraphs (b)(1)(iii) and (b)(2)(iii) of this section:
(c) [Reserved]. For guidance see § 86.096-8.
(d) Refueling emissions from 1999 and later model year gasoline-fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light duty vehicles shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.
(1)
(ii)
(iii)
(iv)
(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 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:
(3)(i) A minimum of the percentage shown in table A99-08 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled Otto-cycle and petroleum- and methanol-
(ii) Small volume manufacturers, as defined in § 86.094-14(b) (1) and (2), are exempt from the implementation schedule of table A99-08 of this section for model year 1999. For small volume manufacturers, the standards of paragraph (d) of this section, and the associated test procedures, shall not apply until model year 2000, when 100 percent compliance with the standards of this section is required. This exemption does not apply to small volume engine families as defined in § 86.094-14(b)(5).
(e)-(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.096-8.
Section 86.099-9 includes text that specifies requirements that differ from § 86.097-9. Where a paragraph in § 86.097-9 is identical and applicable to § 86.099-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.097-9.” Where a corresponding paragraph of § 86.097-9 is not applicable, this is indicated by the statement “[Reserved].”
(a)(1)-(a)(1)(iii)(2) [Reserved]. For guidance see § 86.097-9.
(iv) CST emissions from gasoline-fueled Otto-cycle light-duty trucks measured and calculated in accordance with subpart O of this part may not exceed the standards listed in paragraphs (a)(1)(iv) (A) and (B) of this section.
(A) Hydrocarbons: 100 ppm as hexane.
(B) Carbon monoxide: 0.5%.
(2) [Reserved]
(3) The standards set forth in paragraph (a)(1)(iv) of this section refer to the exhaust emitted during the CST as set forth in subpart O of this part and measured and calculated in accordance with those provisions.
(b) Evaporative emissions from light-duty trucks 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)
(
(
(B) For all other light-duty trucks:
(
(
(ii)
(iii)
(2)
(
(
(B) For all other light-duty trucks:
(
(
(ii) Running loss test: 0.05 grams carbon per mile.
(iii) Fuel dispensing spitback test: 1.0 gram carbon per test.
(3) The standards set forth in paragraphs (b) (1) and (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 B of this part.
(4) All fuel vapor generated in a gasoline- or methanol-fueled light-duty truck 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) [Reserved]. For guidance see § 86.097-9.
(d)-(f) [Reserved]
(g)-(k) [Reserved]. For guidance see § 86.097-9.
Section 86.099-10 includes text that specifies requirements that differ from § 86.098-10. Where a paragraph in § 86.98-10 is identical and applicable to § 86.099-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.098-10.”
(a) [Reserved]. For guidance see § 86.098-10.
(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)
(A)(
(
(B) Running loss test (gasoline-fueled vehicles only): 0.05 grams per mile.
(C) Fuel dispensing spitback test (gasoline-fueled vehicles only): 1.0 gram per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs:
(A)(
(
(B) Running loss test (gasoline-fueled vehicles only): 0.05 grams per mile.
(2)
(A)(
(
(B) Running loss test: 0.05 grams carbon per mile.
(C) Fuel dispensing spitback test: 1.0 gram carbon per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs:
(A)(
(
(B) Running loss test: 0.05 grams carbon per mile.
(3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of this section refer to a composite sample of evaporative emissions collected under the conditions and measured in accordance with the procedures set forth in subpart M of this part.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and (b)(2)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(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) and (d) [Reserved]. For guidance see § 86.098-10.
(e) The standards described in this section do not apply to Otto-cycle 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 Otto-cycle engines used in such MDPVs, except as specified in subpart S of this part. The term “medium-duty passenger vehicle” is defined in § 86.1803.
(a) Exhaust emissions from new 1999 and later model year diesel heavy-duty engines shall not exceed the following:
(1)(i)
(ii)
(iii)
(2)
(ii) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel only).
(3)
(ii) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NO
(4)
(ii) For all other diesel engines only, 0.10 gram per brake horsepower-hour (0.037 gram per megajoule), as measured under transient operating conditions.
(iii) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in § 86.098-15 as applicable. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed:
(A) For engine families intended for use in urban buses, 0.25 gram per brake horsepower-hour (0.093 gram per megajoule);
(B) For engine families
(b)(1) The opacity of smoke emission from new 1999 and later model year diesel heavy-duty engine 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)(
(
(B)
(C)
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs:
(A)(
(
(B) Running loss test: 0.05 grams per mile.
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraph (b)(3) of this section refer to a composite sample of evaporative emissions collected under the conditions and measured in accordance with the procedures set forth in subpart M of this part. For certification vehicles only, manufacturers may conduct testing to quantify a level of nonfuel background emissions for an individual test vehicle. Such a demonstration must include a description of the source(s) of emissions and an estimated decay rate. The demonstrated level of nonfuel background emissions may be subtracted from emission test results from certification vehicles if approved in advance by the Administrator.
(B) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(iv) All fuel vapor generated during in-use operations shall be routed exclusively to the evaporative control system (e.g., either canister or engine purge). The only exception to this requirement shall be for emergencies.
(4)
(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 pounds, the standards set forth in paragraph (b)(4) of this section refer to a composite sample of evaporative emissions collected under the conditions set forth in subpart M of this part and measured in accordance with those procedures.
(B) For vehicles with a Gross Vehicle Weight Rating greater than 26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and (b)(4)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).
(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1999 or later model year methanol-, natural gas-, or liquefied petroleum gas-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), (c), and (d) of this section.
(a) All light-duty vehicles and light-duty trucks shall be equipped with an on-board diagnostic (OBD) system capable of monitoring, for each vehicle's useful life, all emission-related powertrain systems or components. All systems and components required to be monitored by these regulations shall be evaluated periodically, but no less frequently than once per Urban Dynamometer Driving Schedule as defined in Appendix I, paragraph (a), of this part, or similar trip as approved by the Administrator.
(b)
(1) Catalyst deterioration or malfunction before it results in an increase in NMHC emissions 1.5 times the NMHC standard, as compared to the NMHC emission level measured using a representative 4000 mile catalyst system.
(2) Engine misfire resulting in exhaust emissions exceeding 1.5 times the applicable standard for NMHC, CO or NO
(3) Oxygen sensor deterioration or malfunction resulting in exhaust emissions exceeding 1.5 times the applicable standard for NMHC, CO or NO
(4) 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; any absence of evaporative purge air flow from the complete evaporative emission control system. On vehicles with fuel tank capacity 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) Any deterioration or malfunction occurring in a powertrain 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 for NMHC, CO or NO
(6) Any other deterioration or malfunction occurring in an electronic emission-related powertrain 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 shall be satisfied by employing electrical circuit continuity checks and rationality checks for computer input components (input values within manufacturer specified ranges), 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) 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 shall be detected and identified on vehicles so equipped.
(8) Alternatively, for model years 1999 and 2000, engine families may comply with the malfunction descriptions of § 86.098-17(a) and (b) in lieu of the malfunction descriptions in paragraphs (a) and (b) of this section. This alternative is not applicable after the 2000 model year.
(c)
(d)
(e)
(1) A diagnostic trouble code shall be stored for any detected and verified malfunction causing MIL illumination. The stored diagnostic trouble code shall 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) shall 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. The diagnostic trouble code shall 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, shall be stored in computer memory to identify correctly functioning emission control systems and those emission control systems which require further vehicle 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
(f)
(2) The following data in addition to the required freeze frame information shall be made available on demand through the serial port on the standardized data link connector, if the information is available to the on-board computer or can be determined using information available to the on-board computer: Diagnostic trouble codes, engine coolant temperature, fuel control system status (closed loop, open loop, other), fuel trim, ignition timing advance, intake air temperature, manifold air pressure, air flow rate, engine RPM, throttle position sensor output value, secondary air status (upstream, downstream, or atmosphere), calculated load value, vehicle speed, and fuel pressure. The signals shall be provided in standard units based on SAE specifications incorporated by reference in paragraph (h) of this section. Actual signals shall be clearly identified separately from default value or limp home signals.
(3) For all emission control systems for which specific on-board evaluation tests are conducted (catalyst, oxygen sensor, etc.), the results of the most recent test performed by the vehicle, and the limits to which the system is compared shall be available through the standardized data link connector per SAE J1979 specifications incorporated by reference 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) The emission control diagnostic 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 diagnostic 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) Incorporation by reference materials. The emission control diagnostic 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. 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 inspected at Docket No. A-90-35 at EPA's Air docket (LE-131), room 1500 M, 1st Floor, Waterside Mall, 401 M St., SW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(1)
(i) SAE J1850 July 1995, “Class B Data Communication Network Interface,” shall be used as the on-board to off-board communications protocol. All emission related messages sent to the scan tool over a J1850 data link shall use the Cyclic Redundancy Check and the three byte header, and shall not use inter-byte separation or checksums.
(ii) Basic diagnostic data (as specified in § 86.094-17(e) and (f)) shall be provided in the format and units in SAE J1979 July 1996, E/E Diagnostic Test Modes.
(iii) Diagnostic trouble codes shall be consistent with SAE J2012 July 1996, “Recommended Practices for Diagnostic Trouble Code Definitions.”
(iv) The connection interface between the OBD system and test equipment and diagnostic tools shall meet the functional requirements of SAE J1962 January 1995, “Diagnostic Connector.”
(2)
(i) ISO 9141-2 February 1994, “Road vehicles—Diagnostic systems—Part 2: CARB requirements for interchange of digital information,” may be used as an alternative to SAE J1850 as the on-board to off-board communications protocol.
(ii) [Reserved]
(i)
(j) Demonstration of compliance with California OBD II requirements (Title 13 California Code Sec. 1968.1), as modified pursuant to California Mail Out #97-24 (December 9, 1997), shall satisfy the requirements of this section, except that compliance with Title 13 California Code Secs. 1968.1(b)(4.2.2), pertaining to evaporative leak detection, and 1968.1(d), pertaining to tampering protection, are not required to satisfy the requirements of this section, and the deficiency fine provisions of 1968.1(m)(6.1) and (6.2) shall not apply.
This § 86.099-30 includes text that specifies requirements that differ from § 86.094-30, § 86.095-30, § 86.096-30, or § 86.098-30. Where a paragraph in § 86.094-30, § 86.095-30, § 86.096-30, or § 86.098-30 is identical and applicable to § 86.099-30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For
(a)(1) and (a)(2) [Reserved]. For guidance see § 86.094-30.
(a)(3)(i) [Reserved]. For guidance see § 86.098-30.
(a)(3)(ii) and (a)(4)(ii) [Reserved]. For guidance see § 86.095-30.
(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see § 86.094-30.
(a)(4)(iv) introductory text [Reserved]. For guidance see § 86.095-30.
(a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see § 86.094-30.
(a)(10)(i)-(a)(11)(ii)(C) [Reserved]. For guidance see § 86.098-30.
(a)(12) [Reserved]. For guidance see § 86.094-30.
(a)(13) [Reserved]. For guidance see § 86.095-30.
(a)(14) [Reserved]. For guidance see § 86.094-30.
(a)(15)-(a)(18) [Reserved]. For guidance see § 86.096-30.
(a)(19) introductory text through (a)(19)(iii) [Reserved]. For guidance see § 86.098-30.
(b)(1) introductory text through (b)(1)(i)(B) [Reserved]. For guidance see § 86.094-30.
(b)(1)(i)(C) [Reserved]. For guidance see § 86.098-30.
(b)(1)(ii)-(b)(1)(iv) [Reserved]. For guidance see § 86.094-30.
(b)(2) [Reserved]. For guidance see § 86.098-30.
(b)(3)-(b)(4)(i) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii) [Reserved]. For guidance see § 86.098-30.
(b)(4)(ii)(A) [Reserved]. For guidance see § 86.094-30.
(b)(4)(ii)(B)-(b)(4)(iv) [Reserved]. For guidance see § 86.098-30.
(b)(5)-(e) [Reserved]. For guidance see § 86.094-30.
(f) For engine families required to have an emission control diagnostic system (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. Only paragraphs (f)(5) and (f)(6) of this section apply to diesel cycle vehicles and diesel cycle trucks where such vehicles and trucks are so equipped.
(1) 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 standard above the NMHC emission level measured using a representative 4000 mile catalyst system.
(2) An engine misfire condition is induced resulting in exhaust emissions exceeding 1.5 times the applicable standards for NMHC, CO or NO
(3) Any oxygen sensor is replaced with a deteriorated or defective oxygen sensor, or an electronic simulation of such, resulting in exhaust emissions exceeding 1.5 times the applicable standard for NMHC, CO or NO
(4) 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 powertrain 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 for NMHC, CO or NO
(6) A malfunction condition is induced in an electronic emission-related powertrain 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.
(a) The provisions of this subpart are applicable to 1977 and later model year new light-duty vehicles and light duty trucks, and 2001 and later model year new Otto-cycle heavy-duty vehicles and engines certified under the provisions of subpart S of this part.
(1) Sections 86.101 through 86.145-78 apply for 1978 and later model years.
(2) [Reserved]
(3) Sections 86.150 through 86.157 describe the refueling test procedures for light-duty vehicles and light duty trucks and apply for model years 1998 and later. They also describe the refueling test procedures for 2004 and later model year Otto-cycle complete heavy-duty vehicles that must meet the ORVR standards under the provisions of subpart S of this part.
(4) For fuel economy testing according to part 600 of this chapter, in the model years of 2000 and 2001 only, manufacturers have the option to use the dynamometer provisions of § 86.108-00(b)(1) and § 86.129-00 (a), (b), and (c) instead of the provisions of § 86.108-00(b)(2) and § 86.129-00 (a), (e), and (f).
(b) Provisions of this subpart apply to tests performed by both the Administrator and motor vehicle manufacturers.
(c)
(d) References in this subpart to engine families and emission control systems shall be deemed to apply to durability groups and test groups as applicable for manufacturers certifying new light-duty vehicles, light-duty trucks, and heavy-duty vehicles under the provisions of subpart S of this part.
(e) References in this subpart to light-duty vehicles or light-duty trucks shall be deemed to apply to light-duty vehicles, light-duty trucks, or heavy-duty vehicles and engines as applicable for manufacturers certifying new light-duty vehicles, light-duty trucks, and heavy-duty vehicles and engines under the provisions of subpart S of this part.
The definitions in subpart A apply to this subpart.
The abbreviations in subpart A apply to this subpart.
(a) The model year of initial applicability is indicated by the section number. The two digits following the hyphen designate the first model year for which a section is effective. A section remains effective until superseded.
Section 86.111-78 applies to the 1978 and subsequent model years until superseded. If a § 86.111-81 is promulgated it would take effect beginning with the 1981 model year; § 86.111-78 would apply to model years 1978 through 1980.
(b) A section reference without a model year suffix refers to the section applicable for the appropriate model year.
(c) Unless indicated otherwise, all provisions in this subpart apply to petroleum-fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled vehicles.
(a) This subpart describes the equipment required and the procedures to follow in order to perform gaseous exhaust, particulate, and evaporative emission tests on light-duty vehicles and light-duty trucks. Subpart A of this part sets forth testing requirements and test intervals necessary to comply with EPA certification procedures. Not all emission measurement techniques described in this subpart will be necessary for all vehicles. Subpart A of this part defines the conditions under which vehicles may be exempted from measuring methane and/or waived from measuring particulate matter.
(b) Three topics are addressed in this subpart. Sections 86.106 through 86.115 set forth specifications and equipment requirements; §§ 86.116 through 86.126 discuss calibration methods and frequency; test procedures and data requirements are listed in §§ 86.127 through 86.157.
Section 86.106-00 includes text that specifies requirements that differ from § 86.106-96. Where a paragraph in § 86.106-96 is identical and applicable to § 86.106-00, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.106-96.”
(a) introductory text through (a)(2) [Reserved]. For guidance see § 86.106-96.
(a)(3) Fuel, analytical gas, and driving schedule specifications. Fuel specifications for exhaust and evaporative emissions testing and for mileage accumulation for petroleum-fueled and methanol-fueled vehicles are specified in § 86.113. Analytical gases are specified in § 86.114. The EPA Urban Dynamometer Driving Schedule (UDDS), US06, and SC03 driving schedules, for use in exhaust emission tests, and the New York City Cycle (NYCC), for use with the UDDS in running loss tests, are specified in §§ 86.115, 86.130, 86.159, 86.160, and appendix I to this part.
(b) [Reserved]
(a) This subpart contains procedures for exhaust emission tests on petroleum-fueled, natural gas-fueled, liquefied petroleum gas-fueled, and methanol-fueled light-duty vehicles and light-duty trucks, and for evaporative emission tests on gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, and methanol-fueled light-duty vehicles and light-duty trucks. Certain items of equipment are not necessary for a particular test, e.g., evaporative enclosure when testing petroleum-fueled diesel vehicles. Alternate equipment, procedures, and calculation methods may be used if shown to yield equivalent or superior results, and if approved in advance by the Administrator. Equipment required and specifications are as follows:
(1)
(2)
(3)
(b) [Reserved]
(a)
(i)
(ii)
(A) The enclosure shall be equipped with a mechanism to maintain a fixed
(B) The equipment shall be capable of measuring the mass of hydrocarbon and methanol (if the enclosure is used for methanol-fueled vehicles) in the inlet and outlet flow streams with a resolution of 0.01 gram per hour. A bag sampling system may be used to collect a proportional sample of the air withdrawn from and admitted to the enclosure. Alternatively, the inlet and outlet flow streams may be continuously analyzed using an on-line FID analyzer and integrated with the flow measurements to provide a continuous record of the mass hydrocarbon and methanol removal.
(2)
(i) The running loss enclosure may be equipped to supply air to the vehicle, at a temperature of 95±5 °F, from sources outside of the running loss enclosure directly into the operating engine's air intake system. Supplemental air requirements (e.g., for an air pump) shall be supplied by drawing air from the engine intake source.
(ii) If it is shown to yield equivalent or superior results, the running loss enclosure may be designed with an air makeup system that brings outside air into the enclosure to accommodate the aspiration needs of the engine and any auxiliary devices. The makeup air shall be monitored to establish the background hydrocarbon levels (or hydrocarbon and methanol, levels, if applicable) of the makeup air. A filter may be used to provide dry air with a stable concentration of background hydrocarbon. The makeup-air vent shall be readily sealable for calibration of the enclosure and other purposes. For calculation of running loss emissions, it may be assumed that the hydrocarbon and methanol concentration in the air consumed by the vehicle is the same as that of the rest of the air in the enclosure.
(3)
(i) If the hot soak test is conducted in the same enclosure as the immediately preceding running loss test, interior surface temperatures shall not be below 70 °F for the last 55 minutes of the hot soak test.
(ii) If the hot soak test is not conducted in the same enclosure as the immediately preceding running loss test, interior surface temperatures shall not be below 70 °F for the duration of the hot soak test.
(b)
(2) For methanol-fueled vehicles, a methanol sampling and analyzing system is required in addition to the FID analyzer. The methanol sampling equipment shall consist of impingers for collecting the methanol sample and appropriate equipment for drawing the sample through the impingers. The analytical equipment shall consist of a gas chromatograph equipped with a flame ionization detector.
(3) The methanol sampling system shall be designed such that, if a test vehicle emitted the maximum allowable level of methanol (based on all applicable standards) during any phase of the test, the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the GC analyzer, and such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. This requirement does not apply to dilution air samples, since they do not require secondary impingers, or to samples in which the concentrations approach the limit of detection. The provisions of this paragraph apply to the design of sampling systems, not to individual tests.
(c)
(2) For the methanol sample, permanent records shall be made of the following: the volumes of deionized water introduced into each impinger, the rate and time of sample collection, the volumes of each sample introduced into the gas chromatograph, the flow rate of carrier gas through the column, the column temperature, and the chromatogram of the analyzed sample.
(d)
(1) A vehicle cooling fan shall discharge air to the front of the vehicle. The fan shall be a road-speed modulated fan that is controlled to a discharge velocity that follows the dynamometer roll speed, at least up to speeds of 30 mph, throughout the driving cycle. If a warning light or gauge
(2) An additional fan may be used to discharge airflow from the front of the vehicle directly to the vehicle underbody to control fuel temperatures. Such a fan shall provide a total discharge airflow not to exceed 8,000 cfm.
(3) Additional fans may be used to route heating or cooling air directly at the bottom of the vehicle's fuel tank. The air supplied to the tank shall be between 85° and 160 °F, with a total discharge airflow not to exceed 4,000 cfm. For exceptional circumstances, manufacturers may direct up to 6,000 cfm at the bottom of the fuel tank with the advance approval of the Administrator.
(4) Direct fuel heating may be needed for canister preconditioning, as specified in § 86.132(j)(2). Also, under exceptional circumstances in which airflow alone is insufficient to control fuel temperatures during the running loss test, direct fuel tank heating may be used (see § 86.134-96(g)(1)(xv)). The heating system must not cause hot spots on the tank wetted surface that could cause local overheating of the fuel. Heat must not be applied directly to the tank's vapor space, nor to the liquid-vapor interface.
(e)
(f)
(g)
(h)
(1)
(2)
(3)
(i)
(1) The running loss vapor vent collection system shall be configured to collect all running loss emissions from each of the discrete point sources that function as vehicle fuel system vapor vents, and transport the collected vapor emissions to a CFV- or PDP-based dilution and measurement system. The collection system shall consist of a collector at each vehicle vapor vent, lengths of heated sample line connecting each collector to the inlet of the heated sample pump, and lengths of heated sample line connecting the outlet of the heated sample pump to the inlet of the running loss fuel vapor sampling system. Up to 3 feet of unheated line connecting each of the vapor collectors to the heated sample lines shall be allowed. Each heated sample pump and its associated sample lines shall be maintained at a temperature between 175 °F and 200 °F to prevent condensation of fuel vapor in the sample lines. The heated sample pump(s) and its associated flow controls shall be configured and operated to draw a flow of ambient air into each collector at a flow rate of at least 0.67 cfm. The flow controls on each heated sampling system shall include an indicating flow meter that provides an alarm output to the data recording system if the flow rate drops below 0.67 cfm by more than 5 percent. The collector inlet for each discrete vapor vent shall be placed in proximity to the vent as necessary to capture any fuel vapor emissions without significantly affecting flow or pressure of the normal action of the vent. The collector inlets shall be designed to interface with the configuration and orientation of each specific vapor vent. For vapor vents that terminate in a tube or hose barb, a short length of tubing of an inside diameter larger throughout its length than the inside diameter of the vent outlet may be used to extend the vent into the mouth of the collector. For those vapor vent designs that are not compatible with such collector configurations, the vehicle manufacturer shall supply a collector that is configured to interface with the vapor vent design and that terminates in a fitting that is capable of capturing all vapor emitted from the vent. The Administrator may test for running losses by
(2) The running loss fuel vapor sampling system shall be a CFV- or PDP-based dilution and measurement system that further dilutes the running loss fuel vapors collected by the vapor vent collection system(s) with ambient air, collects continuously proportional samples of the diluted running loss vapors and dilution air in sample bags, and measures the total dilute flow through the sampling system over each test interval. In practice, the system shall be configured and operated in a manner that is directly analogous to an exhaust emissions constant volume sampling system, except that the input flow to the system is the flow from the running loss vapor vent collection system(s) instead of vehicle exhaust flow. The system shall be configured and operated to meet the following requirements:
(i) The running loss fuel vapor sampling system shall be designed to measure the true mass of fuel vapor emissions collected by the running loss vapor vent collection system from the specified fuel vapor vents. The total volume of the mixture of running loss emissions and dilution air shall be measured and a continuously proportioned sample of volume shall be collected for analysis. Mass emissions shall be determined from the sample concentration and total flow over the test period.
(ii) The PDP-CVS shall consist of a dilution air filter and mixing assembly, heat exchanger, positive-displacement pump, sampling system, and associated valves, pressure and temperature sensors. The PDP-CVS shall conform to the following requirements:
(A) The gas mixture temperature, measured at a point immediately ahead of the positive-displacement pump, shall be within ±10 °F of the designed operating temperature at the start of the test. The gas mixture temperature variation from its value at the start of the test shall be limited to ±10 °F during the entire test. The temperature measuring system shall have an accuracy and precision of ±2 °F.
(B) The pressure gauges shall have an accuracy and precision of ±1.6 inches of water (±0.4 kPa).
(C) The flow capacity of the CVS shall not exceed 350 cfm.
(D) Sample collection bags for dilution air and running loss fuel vapor samples shall be sufficient size so as not to impede sample flow.
(iii) The CFV sample system shall consist of a dilution air filter and mixing assembly, a sampling venturi, a critical flow venturi, a sampling system and assorted valves, and pressure and temperature sensors. The CFV sample system shall conform to the following requirements:
(A) The temperature measuring system shall have an accuracy and precision of ±2 °F and a response time of 0.100 seconds of 62.5 percent of a temperature change (as measured in hot silicone oil).
(B) The pressure measuring system shall have an accuracy and precision of ±1.6 inches of water (0.4 kPa).
(C) The flow capacity of the CVS shall not exceed 350 cfm.
(D) Sample collection bags for dilution air and running loss fuel vapor samples shall be of sufficient size so as not to impede sample flow.
(3) An on-line computer system or strip-chart recorder shall be used to record the following additional parameters during the running loss test sequence:
(i) CFV (if used) inlet temperature and pressure.
(ii) PDP (if used) inlet temperature, pressure, and differential pressure.
Section 86.107-98 includes text that specifies requirements that differ from § 86.107-96. Where a paragraph in § 86.107-96 is identical and applicable to § 86.107-98, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.107-96.” Where a corresponding paragraph of § 86.107-96 is not applicable, this is indicated by the statement “[Reserved].”
(a)(1)-(a)(3) [Reserved]. For guidance see § 86.107-96.
(a)(4)
(b)-(d) [Reserved]. For guidance see § 86.107-96.
(e)
(2)
(f)-(h)(3) [Reserved]. For guidance see § 86.107-96.
(h)(4)
(5)
(i) [Reserved]. For guidance see § 86.107-96.
(j)
(a) The dynamometer shall simulate the road load force and inertia specified for the vehicle being tested, and shall determine the distance traveled during each phase of the test procedure.
(b) Two types of dynamometer roll configurations are currently approved by the Administrator:
(1) A small twin-roll dynamometer that has a nominal roll diameter of 8.65 inches and a nominal roll spacing of 17 inches; and
(2)(i) An electric dynamometer that has a single roll with a nominal diameter of 48 inches (1.20 to 1.25 meters).
(ii)(A) The dynamometer must be capable of dynamically controlling inertia load during the US06 test cycle as a function of a vehicle throttle position signal if a manufacturer desires using the following test option. Any time the duration of throttle operation greater than or equal to 85% of wide open throttle (WOT) is greater than or equal to eight seconds, the test inertia load may be adjusted during any of five EPA specified acceleration events by an amount of load that will eliminate additional throttle operation greater than or equal to 85% of WOT.
(B)(
(
(
(
(
(
(
(C) Each type of generic application for implementing this concept must receive the Administrator's approval before a manufacturer may use these inertia adjustments for official US06 schedule certification tests.
(c) Other dynamometer configurations may be used for testing if it can be demonstrated that the simulated road load power and inertia are equivalent, and if approved in advance by the Administrator.
(d) An electric dynamometer meeting the requirements of paragraph (b)(2) of this section, or a dynamometer approved as equivalent under paragraph (c) of this section, must be used for all types of emission testing in the following situations.
(1)(i) Gasoline vehicles which are part of an engine family which is designated to meet the phase-in of SFTP compliance required under the implementation schedule of table A00-1 of § 86.000-08, or table A00-3, or table A00-5 of § 86.000-09.
(ii) Diesel LDVs and LDT1s which are part of an engine family which is designated to meet the phase-in of SFTP compliance required under the implementation schedule of table A00-1 of § 86.000-08, or table A00-3, or table A00-5 of § 86.000-09.
(2) Starting with the 2002 model year, any light-duty vehicle or light light-duty truck which uses any regulated fuel.
(3) Starting with the 2004 model year, any heavy light-duty truck which uses any regulated fuel.
(a) The dynamometer shall have a power absorption unit for simulation of road load power and flywheels or other means of simulating the inertia weight as specified in § 86.129.
(b)(1) The dynamometer shall have a roll or shaft revolution counter for determination of distance driven.
(2) In lieu of the requirement in (b) (1) of this section the manufacturer shall provide some means, approved in advance by the Administrator, for the determination of distance driven.
(c) Small twin-roll dynamometers shall have a nominal roll diameter of 8.65 inches and a nominal roll spacing of 17 inches. Large single-roll dynamometers shall have a nominal roll diameter of 48 inches. Dynamometers with other roll specifications may be used if the total simulated road load power can be shown to be equivalent, and if approved in advance by the Administrator.
(a)(1)
(2)
(i) Using a duct of unrestricted length maintained at a temperature above the maximum dew point of the exhaust, but below 250 °F (121 °C); heating and possibly cooling capabilities are required; or
(ii) Using a short duct (up to 12 feet long) constructed of smooth wall pipe with a minimum of flexible sections, maintained at a temperature above the maximum dew point of the exhaust, but below 250 °F (121 °C), prior to the test and during the 10 minute hot soak segment and uninsulated during the test (insulation may remain in place and/or heating may occur during testing provided maximum temperature is not exceeded); or
(iii) Using smooth wall duct less than five feet long with no required heating. A maximum of two short flexible connectors are allowed under this option; or
(iv) Omitting the duct and performing the exhaust gas dilution function at the vehicle tailpipe exit.
(3)
(4)
(5)
(6)
(b)
(1) Static pressure variations at the tailpipe(s) of the vehicle shall remain within ±5 inches of water (1.2 kPa) of the static pressure variations measured during a dynamometer driving cycle with no connection to the tailpipe(s). (Sampling systems capable of maintaining the static pressure to within ±1 inch of water (0.25 kPa) will be used by the Administrator if a written request substantiates the need for this closer tolerance.)
(2) The gas mixture temperature, measured at a point immediately ahead of the positive displacement pump, shall be within ±10 °F (±5.6 °C) of the designed operating temperature at the start of the test. The gas mixture temperature variation from its value at the start of the test shall be limited to ±10 °F (±5.6 °C) during the entire test. The temperature measuring system shall have an accuracy and precision of ±2 °F (1.1 °C).
(3) The pressure gauges shall have an accuracy and precision of ±1.6 inches of water (0.4 kPa).
(4) The flow capacity of the CVS shall be large enough to completely eliminate water condensation in the dilution and sampling systems. (300 to 350 cfm (0.142 to 0.165 m
(i) The air (or air plus exhaust gas) temperature does not exceed 250 °F.
(ii) Calculation of the CVS flow rate necessary to prevent water condensation is based on the lowest temperature encountered in the CVS prior to sampling. (It is recommended that the CVS system be insulated when heated dilution air is used.)
(iii) The dilution ratio is sufficiently high to prevent condensation in bag samples as they cool to room temperature.
(5) Sample collection bags for dilution air and exhaust samples shall be of sufficient size so as not to impede sample flow. A single dilution air sample, covering the total test period, may be collected for the determination of methanol and formaldehyde background (methanol-fueled vehicles).
(6) The methanol sample collection system and the formaldehyde sample collection system shall each be of sufficient capacity so as to collect samples of adequate size for analysis without significant impact on the volume of dilute exhaust passing through the PDP. The systems shall also comply with the following requirements that apply to the design of the systems, not to individual tests.
(i) The methanol system shall be designed such that, if a test vehicle emitted the maximum allowable level of methanol (based on all applicable standards) during the first phase of the test, the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the
(ii) The formaldehyde system shall be designed such that, if a test vehicle emitted formaldehyde at a rate equal to twenty percent of the maximum allowable level of NMHCE (i.e., 0.05 g/mi for a 0.25 g/mi NMHCE standard), or the maximum formaldehyde level allowed by a specific formaldehyde standard, whichever is less, during the first phase of the test, the concentration of formaldehyde in the DNPH solution of the primary impinger, or solution resulting from the extraction of the DNPH cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 times the limit of detection for the HPLC analyzer. Sampling systems for all phases shall be identical.
(iii) The methanol and formaldehyde impinger systems shall be designed such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. This requirement does not apply to dilution air samples, since they do not require secondary impingers, or to samples in which the concentrations approach the limit of detection.
(c)
(1) Static pressure variations at the tailpipe(s) of the vehicle shall remain within ±5 inches of water (1.2 kPa) of the static pressure variations measured during a dynamometer driving cycle with no connection to the tailpipe(s). (Sampling systems capable of maintaining the static pressure to within ±1 inch of water (0.25 kPa) will be used by the Administrator if a written request substantiates the need for this closer tolerance.)
(2) The temperature measuring system shall have an accuracy and precision of ±2 °F (1.1 °C) and a response time of 0.100 seconds to 62.5 percent of a temperature change (as measured in hot silicone oil).
(3) The pressure measuring system shall have an accuracy and precision of ±1.6 inches of water (0.4 kPa).
(4) The flow capacity of the CVS shall be large enough to completely eliminate water condensation in the dilution and sampling systems. (300 to 350 cfm (0.142 to 0.165 m
(i) The air (or air plus exhaust gas) temperature does not exceed 250 °F (121 °C).
(ii) Calculation of the CVS flow rate necessary to prevent water condensation is based on the lowest temperature encountered in the CVS prior to sampling. (It is recommended that the CVS system be insulated when heated dilution air is used.)
(iii) The dilution ratio is sufficiently high to prevent condensation in bag samples as they cool to room temperature.
(5) Sample collection bags for dilution air and exhaust samples shall be of sufficient size so as not to impede sample flow. A single dilution air sample, covering the total test period, may be collected for the determination of methanol and formaldehyde background (methanol-fueled vehicles).
(6) The methanol sample collection system and the formaldehyde sample
(i) The methanol system shall be designed such that, if a test vehicle emitted the maximum allowable level of methanol (based on all applicable standards) during the first phase of the test, the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the GC analyzer. Sampling systems for all phases shall be identical.
(ii) The formaldehyde system shall be designed such that, if a test vehicle emitted formaldehyde at a rate equal to twenty percent of the maximum allowable level of NMHCE (i.e., 0.05 g/mi for a 0.25 g/mi NMHCE standard), or the maximum formaldehyde level allowed by a specific formaldehyde standard, whichever is less, during the first phase of the test, the concentration of formaldehyde in the DNPH solution of the primary impinger, or solution resulting from the extraction of the DNPH cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 times the limit of detection for the HPLC analyzer. Sampling systems for all phases shall be identical.
(iii) The methanol and formaldehyde systems shall be designed such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. This requirement does not apply to dilution air samples, since they do not require secondary impingers, or to samples in which the concentrations approach the limit of detection.
(d)
(1) The ratio of the CVS mass flow rate to the sample mass flow rate shall not deviate from the design ratio by more than ±5 percent. (The volumetric sample flow rate shall be varied inversely with the square root of the bulk stream temperature.)
(2) Flow meters to totalize sample volumes for methanol and/or formaldehyde samples shall meet the accuracy specifications of § 86.120. Total sample volumes may be obtained from the flow controllers, provided that the controllers meet the accuracy specifications of § 86.120.
(a)
(1) This sampling system requires the use of a PDP-CVS or a CFV sample system with heat exchanger connected to a dilution tunnel. Figure B90-5 is a schematic drawing of the PDP system. Figure B90-6 is a schematic drawing of the CFV system (methanol-fueled Otto-cycle vehicles may be tested using this test equipment.)
(2) Bag, HFID, and particulate sampling capabilities as shown in Figure B90-5 (or Figure B90-6) are required to provide both gaseous and particulate emissions sampling capabilities from a single system.
(3) Petroleum-fueled diesel vehicles require a heated flame ionization detector (HFID) (375°±20 °F (191°±11 °C)) sample for hydrocarbon analysis. The HFID sample must be taken directly from the diluted exhaust stream through a heated probe in the dilution tunnel.
(4) Methanol-fueled vehicles require the use of a heated flame ionization detector (HFID) (235°±15 °F (113°±8 °C)) for hydrocarbon analysis. With an HFID, the hydrocarbon analysis can be made on the bag sample and the methanol and formaldehyde analyses are performed on the samples collected for these purposes (Figures B90-2 and B90-3). NOTE: For 1990 through 1994 model year methanol-fueled vehicles, methanol and formaldehyde sampling may be omitted provided the bag sample is analyzed using a HFID calibrated with methanol.
(5) Methanol-fueled vehicles require either:
(i) A tailpipe to dilution tunnel duct of unrestricted length maintained at 235° ±15 °F (113° ±8 °C) through heating and cooling as required; or
(ii) Using short duct (up to 12 feet long) constructed of smooth wall pipe with a minimum of flexible sections maintained at 235° ±15 °F (113° ±8 °C) prior to the test and during breaks in testing (insulation may remain in place and/or heating may occur during testing provided maximum temperature is not exceeded); or
(iii) Using a smooth wall duct less than five feet long with no required heating, or
(iv) Omitting the duct and performing the exhaust gas dilution function at the vehicle tailpipe exit.
(6) Since various configurations can produce equivalent results, exact conformance with these drawings is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the component systems.
(7) Other sampling systems may be used if shown to yield equivalent results and if approved in advance by the Administrator.
(b)
(1) The PDP-CVS, Figure B90-5, shall conform to all of the requirements listed for the exhaust gas PDP-CVS (§ 86.109(b)), with one exception: a flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less.
(2) The CFV sample system, Figure B90-6, shall conform to all of the requirements listed for the exhaust gas CFV sample system (§ 86.109(c)), with four exceptions:
(i) A flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less.
(ii) A heat exchanger is required.
(iii) The gas mixture temperature, measured at a point immediately ahead of the critical flow venturi, shall be within ±20 °F (11 °C) of the designed operating temperature at the start of the test. The gas mixture temperature variation from its value at the start of the test shall be limited to ±20 °F (11 °C) during the entire test. The temperature measuring system shall have an accuracy and precision of ±2 °F (1.1 °C).
(iv) The cyclonic separator is optional.
(3) The transfer of heat from the vehicle exhaust gas shall be minimized between the point where it leaves the vehicle tailpipe(s) and the point where it enters the dilution tunnel airstream. To accomplish this, a short length (not more than 12 feet (365 cm) if uninsulated, or not more than 20 feet (610 cm) if insulated) of smooth stainless steel tubing from the tailpipe to the dilution tunnel is required. This tubing shall have a maximum inside diameter of 4.0 inches (10.2 cm). Short sections of flexible tubing at connection points are allowed.
(4) The vehicle exhaust shall be directed downstream at the point where it is introduced into the dilution tunnel.
(5) The dilution air shall be between 68 °F (20 °C) and 86 °F (30 °C) during the test.
(6) The dilution tunnel shall be:
(i) Sized to permit development of turbulent flow (Reynold's No. >>4000) and complete mixing of the exhaust and dilution air between the mixing orifice and each of the two sample probes (
(ii) At least 8.0 inches (20.3 cm) in diameter.
(iii) Constructed of electrically conductive material which does not react with the exhaust components.
(iv) Grounded.
(7) The temperature of the diluted exhaust stream inside of the dilution tunnel shall be sufficient to prevent water condensation. However, the sample zone dilute exhaust temperature shall not exceed 125 °F (52 °C) at any time during the test.
(8) The particulate sample probe shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (
(ii) Sufficiently distant (radially) from the total hydrocarbon probe so as to be free from the influence of any wakes or eddies produced by the total hydrocarbon probe.
(iii) 0.5 inch (1.27 cm) minimum inside diameter.
(iv) The distance from the sampling tip to the filter holder shall be at least 5 probe diameters (for filters located inside of the tunnel), but not more than 40.0 inches (102 cm) for filters located outside of the dilution tunnel.
(v) Free from sharp bends.
(vi) Configured so that a clean particulate filter (including back-up filter) can be selected simultaneously with the selection of an empty gaseous emissions bag.
(9) The flow rate through the particulate probe shall be maintained to a constant value within ±5 percent of the set flow rate.
(10) The particulate sample pump shall be located sufficiently distant from the dilution tunnel so that the inlet gas temperature is maintained at a constant temperature (±5.0 °F (2.8 °C)).
(11) The gas meters or flow instrumentation shall be located sufficiently distant from the tunnel so that the inlet gas temperature remains constant (±5.0 °F (2.8 °C)).
(12) The total hydrocarbon probe shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (
(ii) Sufficiently distant (radially) from the particulate probe so as to be free from the influence of any wakes or eddies produced by the particulate probe.
(iii) Heated and insulated over the entire length to maintain a 375°±20 °F (191°±11 °C)
(iv) 0.19 in. (0.48 cm) minimum inside diameter.
(13) It is intended that the total hydrocarbon probe be free from cold spots (
(14) The dilute exhaust gas flowing in the total hydrocarbon sample system shall be:
(i) At 375 °F±10 °F (191 °C±6 °C) immediately before the heated filter. This will be determined by a temperature sensor located immediately upstream of the filter. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(ii) At 375 °F±10 °F (191 °C±6 °C) immediately before the HFID. This will be determined by a temperature sensor located at the exit of the heated sample line. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(15) It is intended that the dilute exhaust gas flowing in the total hydrocarbon sample system be between 365 °F and 385 °F (185 °C and 197 °C).
(c)
(1) The PDP-CVS, Figure B90-5 shall conform to all of the requirements listed for the exhaust gas PDP-CVS (§ 86.109 (a)(3) and (b)), with one exception: a flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less and shall prevent the condensation of water vapor in the dilution tunnel.
(2) The CFV sample system, Figure B90-6 shall conform to all of the requirements listed for the exhaust gas CFV sample system (§ 86.109 (a)(4) and (c)), with four exceptions:
(i) A flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less and shall prevent the condensation of water vapor in the dilution tunnel.
(ii) A heat exchanger is required.
(iii) The gas mixture temperature, measured at a point immediately ahead of the critical flow venturi, shall be within ±20 °F (11 °C) of the designed operating temperature at the start of the test. The gas mixture temperature variation from its value at the start of the test shall be limited to ±20 °F (11 °C) during the entire test. The temperature measuring system shall have an accuracy and precision of ±2 °F (1.1 °C).
(iv) The cyclonic separator is optional.
(3) Losses of methanol due to condensation of water in the duct connecting the vehicle tail pipe to the dilation tunnel must be minimized. This may be accomplished by:
(i) The use of a duct of unrestricted length maintained at 235°±15 °F (113°±8 °C) through heating and cooling as required, or
(ii) The use of a short duct (up to 12 feet long) constructed of smooth wall pipe with a minimum of flexible sections maintained at 235°±15 °F (113°±8 °C) prior to the test and during breaks in testing (insulation may remain in place and/or heating may occur during testing provided maximum temperature is not exceeded); or
(iii) Using a smooth wall duct less than five feet long with no required heating, or
(iv) Omitting the duct and performing the exhaust gas dilution function at the vehicle tailpipe exit.
(4) The vehicle exhaust shall be directed downstream at the point where it is introduced into the dilution tunnel.
(5) The dilution air shall be between 68 °F (20 °C) and 86 °F (30 °C) during the test.
(6) The dilution tunnel shall be:
(i) Sized to permit development of turbulent flow (Reynold's No. >>4000) and complete mixing of the exhaust and dilution air between the mixing orifice and the particulate sample probe. It is recommended that uniform mixing be demonstrated by the user.
(ii) At least 8.0 inches (20.3 cm) in diameter.
(iii) Constructed of electrically conductive material which does not react with the exhaust components.
(iv) Grounded.
(7) The temperature of the diluted exhaust stream inside of the dilution tunnel shall be sufficient to prevent water condensation. However, the sample zone dilute exhaust temperature shall not exceed 125 °F (52 °C) at any time during the test.
(8) The particulate sample probe shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (
(ii) Sufficiently distant (radially) from the total hydrocarbon probe so as to be free from the influence of any wakes or eddies produced by the total hydrocarbon probe.
(iii) 0.5 inch (1.27 cm) minimum inside diameter.
(iv) The distance from the sampling tip to the filter holder shall be at least 5 probe diameters (for filters located inside of the tunnel), but not more than 40.0 inches (102 cm) for filters located outside of the dilution tunnel.
(v) Free from sharp bends.
(vi) Configured so that a clean particulate filter (including back up filter)
(9) The flow rate through the particulate probe shall be maintained to a constant value within ±5 percent of the set flow rate.
(10) The particulate sample pump shall be located sufficiently distant from the dilution tunnel so that the inlet gas temperature is maintained at a constant temperature (±5.0 °F (2.8 °C)).
(11) The gas meters or flow instrumentation shall be located sufficiently distant from the tunnel so that the inlet gas temperature remains constant (±5.0 °F (2.8 °C)).
(12) The hydrocarbon probe shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (
(ii) Sufficiently distant (radially) from the particulate probe so as to be free from the influence of any wakes or eddies produced by the particulate probe.
(iii) Heated and insulated over the entire length to maintain a 235°±15 °F (113°±8 °C)
(iv) 0.19in. (0.48 cm) minimum inside diameter.
(13) It is intended that the total hydrocarbon probe be free from cold spots (
(14) The dilute exhaust gas flowing in the hydrocarbon sample system shall be:
(i) At 235 °F±15 °F (113 °C±8 °C) immediately before the heated filter. This will be determined by a temperature sensor located immediately upstream of the filter. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(ii) At 235 °F±15 °F (113 °C ±8 °C) immediately before the HFID. This will be determined by a temperature sensor located at the exit of the heated sample line. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(15) It is intended that the dilute exhaust gas flowing in the hydrocarbon sample system be between 220 °F and 250 °F (105 °C and 121 °C).
(16) For methanol-fueled vehicles, bag sampling procedures for the measurement of hydrocarbons as described in § 86.109 may be employed.
(d)
(i) During each phase of the UDDS, dilute exhaust will be simultaneously sampled by paired primary test and back-up test filters.
(ii) The back-up filter holder shall be located 3 to 4 inches downstream of the primary filter holder.
(iii) The net weight of particulate material collected on each primary test filter and each back-up test filter shall be determined by the procedure outlined in § 86.139.
(iv) A ratio of net weights will be determined by the following formula:
(v) If the ratio is greater than 0.95, then particulate emissions calculations are based on the net weight of the primary filter only.
(vi) If the ratio is less than 0.95, then particulate emissions calculations are based on the combined net weights of the back-up test filter and the primary test filter.
(2) The particulate filter must have a minimum 47 mm diameter (37 mm stain area). Larger diameter filters are
(3) The recommended minimum loading on the primary 47 mm filter is 0.5 milligrams. Equivalent loadings (i.e., mass/stain area) are recommended for larger filters.
(4) Fluorocarbon coated glass fiber filters or fluorocarbon-based (membrane) filters are required for particulate collection.
Section 86.110-94 includes text that specifies requirements that differ from § 86.110-90. Where a paragraph in § 86.110-90 is identical and applicable to § 86.110-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.110-90.” Where a corresponding paragraph of § 86.110-90 is not applicable, this is indicated by the statement “[Reserved].”
(a)
(1) This sampling system requires the use of a PDP-CVS, CFV-CVS (or a CFV-EFC-CVS), sample system with heat exchanger connected to a dilution tunnel. The heat exchanger is not required for the CFV-CVS or EFC-CFV-CVS if electronic flow controllers are used to maintain proportionality for the particulate sample. Figure B94-5 is a schematic drawing of the PDP system. Figure B94-6 is a schematic drawing of the CFV-CVS system. (Methanol-fueled Otto-cycle vehicles may be tested using this test equipment, without measuring particulate emissions.)
(2) Bag, continuous HFID (required for petroleum-fueled diesel-cycle and optional for methanol-fueled, natural gas-fueled and liquefied petroleum gas-fueled diesel-cycle vehicles), and particulate sampling capabilities as shown in Figure B94-5 (or Figure B94-6) are required to provide both gaseous and particulate emissions sampling capabilities from a single system.
(3) Petroleum-fueled diesel-cycle vehicles require a heated flame ionization detector (HFID) (375 °±20 °F (191 °±11 °C)) sample for total hydrocarbon (THC) analysis. The HFID sample must
(4) Methanol-fueled vehicles require the use of a heated flame ionization detector (HFID) (235 °±15 °F (113 °±8 °C)) for hydrocarbon analysis. With an HFID, the hydrocarbon analysis can be made on the bag sample and the methanol and formaldehyde analyses are performed on the samples collected for these purposes (Figures B94-2 and B94-3).
For 1990 through 1994 model year methanol-fueled vehicles, methanol and formaldehyde sampling may be omitted provided the bag sample is analyzed using a HFID calibrated with methanol.
(5) For methanol-fueled vehicles, the vehicle tailpipe-to-dilution tunnel connection shall be made by:
(i) A tailpipe to dilution tunnel duct of unrestricted length maintained at a temperature above the dew point of the mixture, but below 250 °F (121 °C) through heating and cooling as required; or
(ii) Using a short duct (up to 12 feet long) constructed of smooth wall pipe with a minimum of flexible sections maintained at a temperature above the dew point of the mixture, but below 250 °F (121 °C) prior to the test and during breaks in testing (insulation may remain in place and or heating may occur during the testing provided the maximum temperature is not exceeded); or
(iii) Using smooth wall duct less than five feet long with no required heating. A maximum of two short flexible connectors are allowed under this option; or
(iv) By omitting the duct and performing the exhaust gas dilution function at the vehicle tailpipe exit.
(6) For natural gas-fueled and liquefied petroleum gas-fueled diesel vehicles either a heated flame ionization detector (HFID) [375°±20 °F (191°±11 °C)] or a non-heated flame ionization detector may be used for hydrocarbon analysis.
(7) Since various configurations can produce equivalent results, exact conformance with these drawings is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the component systems.
(8) Other sampling systems may be used if shown to yield equivalent or superior results and if approved in advance by the Administrator.
(b)
(1) The PDP-CVS, Figure B94-5, shall contain a proportional particulate sampling system, and shall conform to all of the requirements listed for the exhaust gas PDP-CVS (§ 86.109(b)), with one exception: a flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less.
(2) The CFV sample system, Figure B94-6, shall contain a proportional particulate sampling system, and shall conform to all of the requirements listed for the exhaust gas CFV sample system (§ 86.109(c)), except for the following:
(i) A flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less.
(ii) If a constant volume particulate sample is collected, a heat exchanger is required.
(iii) If a heat exchanger is used, the gas mixture temperature, measured at a point immediately ahead of the critical flow venturi, shall be within ±20 °F (11 °C) of the designed operating temperature at the start of the test. The gas mixture temperature variation from its value at the start of the test shall be limited to ±20 °F (11 °C) during the entire test. The temperature measuring system shall have an accuracy and precision of ±2 °F (1.1 °C).
(iv) The cyclonic separator is optional.
(3) For gasoline-fueled, natural gas-fueled and liquefied petroleum gas-fueled Otto-cycle and petroleum-fueled, natural gas- fueled and liquefied petroleum gas-fueled diesel-cycle vehicles, the transfer of heat from the vehicle
(4) The vehicle exhaust shall be directed downstream at the point where it is introduced into the dilution tunnel.
(5) The dilution air shall be between 68 °F (20 °C) and 86 °F (30 °C) during the test.
(6) The dilution tunnel shall be:
(i) Sized to permit development of turbulent flow (Reynold's No. <<4000) and complete mixing of the exhaust and dilution air between the mixing orifice and each of the two sample probes (i.e., the particulate probe and the heated THC sample probe). It is recommended that uniform mixing be demonstrated by the user.
(ii) At least 8.0 inches (20.3 cm) in diameter.
(iii) Constructed of electrically conductive material which does not react with the exhaust components.
(iv) Grounded.
(7) The temperature of the diluted exhaust stream inside of the dilution tunnel shall be sufficient to prevent water condensation. However, the sample zone dilute exhaust temperature shall not exceed 125 °F (52 °C) at any time during the test.
(8) The particulate sample probe shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (i.e., near the tunnel centerline, approximately 10 tunnel diameters downstream from the point where the exhaust enters the dilution tunnel).
(ii) Sufficiently distant (radially) from the THC probe (when the THC probe is required) so as to be free from the influence of any wakes or eddies produced by the THC probe.
(iii) 0.5 inch (1.27 cm) minimum inside diameter.
(iv) The distance from the sampling tip to the filter holder shall be at least 5 probe diameters (for filters located inside of the tunnel), but not more than 40.0 inches (102 cm) for filters located outside of the dilution tunnel.
(v) Free from sharp bends.
(vi) Configured so that a clean particulate filter (including back-up filter) can be selected simultaneously with the selection of an empty gaseous emissions bag.
(9) The flow rate through the particulate probe shall be maintained to a constant value within ±5 percent of the set flow rate.
(10) The particulate sample pump shall be located sufficiently distant from the dilution tunnel so that the inlet gas temperature is maintained at a constant temperature (±5.0 °F (2.8 °C)).
(11) The gas meters or flow instrumentation shall be located sufficiently distant from the tunnel so that the inlet gas temperature remains constant (±5.0 °F (2.8 °C)).
(12) The THC probe (when the THC probe is required) shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (i.e., approximately 10 tunnel diameters downstream from the point where the exhaust enters the dilution tunnel).
(ii) Sufficiently distant (radially) from the particulate probe so as to be free from the influence of any wakes or eddies produced by the particulate probe.
(iii) Heated and insulated over the entire length to maintain a 375 °±20 °F (191 °±11 °C) wall temperature.
(iv) 0.19 in. (0.48 cm) minimum inside diameter.
(13) It is intended that the THC probe be free from cold spots (i.e., free from spots where the probe wall temperature is less than 355 °F). This will be determined by a temperature sensor located on a section of the probe wall outside of the dilution tunnel. The temperature sensor shall be insulated from any heating elements on the probe. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(14) The dilute exhaust gas flowing in the THC sample system shall be:
(i) At 375 °F±10 °F (191 °C±6 °C) immediately before the heated filter. This will be determined by a temperature sensor located immediately upstream of the filter. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(ii) At 375 °F±10 °F (191 °C ±6 °C) immediately before the HFID. This will be determined by a temperature sensor located at the exit of the heated sample line. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(15) It is intended that the dilute exhaust gas flowing in the THC sample system be between 365 °F and 385 °F (185 °C and 197 °C).
(c)
(1) The PDP-CVS, Figure B94-5, shall contain a proportional particulate sampling system, and shall conform to all of the requirements listed for the exhaust gas PDP-CVS (§ 86.109), with one exception: a flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less.
(2) The CFV-CVS sample system, Figure B94-6, shall contain a proportional particulate sampling system, and shall conform to all of the requirements listed for the exhaust gas CFV sample system (§ 86.109), except for the following:
(i) A flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less.
(ii) If a constant volume particulate sample is collected, a heat exchanger is required.
(iii) If a heat exchanger is used, the gas mixture temperature, measured at a point immediately ahead of the critical flow venturi, shall be within ±20 °F (11 °C) of the designed operating temperature at the start of the test. The gas mixture temperature variation from its value at the start of the test shall be limited to ±20 °F (11 °C) during the entire test. The temperature measuring system shall have an accuracy and precision of ±2 °F (1.1 °C).
(iv) The cyclonic separator is optional.
(3) The EFC-CFV-CVS sample system shall conform to all of the requirements listed for the exhaust gas EFC sample system (§ 86.109) with three exceptions:
(i) A flow rate of sufficient volume is required to maintain the diluted exhaust stream, from which the particulate sample flow is taken, at a temperature of 125 °F (52 °C) or less.
(ii) A proportional particulate sample shall be collected using an electronic flow controller that meets the performance criteria listed in § 86.109 for methanol and formaldehyde EFC systems.
(iii) The cyclonic separator is optional.
(4) Losses of methanol due to condensation of water in the duct connecting the vehicle tail pipe to the dilution tunnel must be eliminated. This may be accomplished by:
(i) The use of a duct of unrestricted length maintained at a temperature above the maximum dew point of the exhaust, but below 250 °F (121 °C), through heating and cooling as required; or
(ii) The use of a short duct (up to 12 feet long) constructed of smooth wall pipe with a minimum of flexible sections maintained at a temperature above the maximum dew point of the exhaust, but below 250 °F (121 °C), prior to the test and during breaks in testing (insulation may remain in place and/or heating may occur during testing provided maximum temperature is not exceeded); or
(iii) Using smooth wall duct less than five feet long with no required heating. A maximum of two short flexible connectors are allowed under this option; or
(iv) Omitting the duct and performing the exhaust gas dilution function at the vehicle tailpipe exit.
(5) The vehicle exhaust shall be directed downstream at the point where it is introduced into the dilution tunnel.
(6) The dilution air shall be between 68 °F (20 °C) and 86 °F (30 °C) during the test (unless the requirements of § 86.109-94(b)(4) are also met).
(7) The dilution tunnel shall be:
(i) Sized to permit development of turbulent flow (Reynold's No. >>4000) and complete mixing of the exhaust and dilution air between the mixing orifice and the particulate sample probe. It is recommended that uniform mixing be demonstrated by the user.
(ii) At least 8.0 inches (20.3 cm) in diameter.
(iii) Constructed of electrically conductive material which does not react with the exhaust components.
(iv) Grounded.
(8) The temperature of the diluted exhaust stream inside of the dilution tunnel shall be sufficient to prevent water condensation. However, the sample zone dilute exhaust temperature shall not exceed 125 °F (52 °C) at any time during the test.
(9) The particulate sample probe shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (i.e., near the tunnel centerline, approximately 10 tunnel diameters downstream from the point where the exhaust enters the dilution tunnel).
(ii) Sufficiently distant (radially) from the THC probe so as to be free from the influence of any wakes or eddies produced by the THC probe.
(iii) 0.5 inch (1.27 cm) minimum inside diameter.
(iv) The distance from the sampling tip to the filter holder shall be at least five probe diameters (for filters located inside the tunnel), but not more than 40.0 inches (102 cm) for filters located outside of the dilution tunnel.
(v) Free from sharp bends.
(vi) Configured so that a clean particulate filter (including back up filter) can be selected simultaneously with the selection of an empty gaseous emissions bag.
(10) The flow rate through the particulate probe shall be maintained to a constant value within ±5 percent of the set flow rate.
(11) The particulate sample pump shall be located sufficiently distant from the dilution tunnel so that the inlet gas temperature is maintained at a constant temperature (±5.0 °F (2.8 °C)).
(12) The gas meters or flow instrumentation shall be located sufficiently distant from the tunnel so that the inlet gas temperature remains constant (±5.0 °F (2.8 °C)).
(13) The hydrocarbon probe shall be:
(i) Installed facing upstream at a point where the dilution air and exhaust are well mixed (i.e., approximately ten tunnel diameters downstream from the point where the exhaust enters the dilution tunnel).
(ii) Sufficiently distant (radially) from the particulate probe so as to be free from the influence of any wakes of eddies produced by the particulate probe.
(iii) Heated and insulated over the entire length to maintain a wall temperature more than 5 °F (3 °C) above the maximum dew point of the sample, but below 250 °F (121 °C).
(iv) 0.19 in. (0.48 cm) minimum inside diameter.
(14) It is intended that the THC probe be free from cold spots (i.e., free from cold spots where the probe wall temperature is less than 5 °F (3 °C) above the maximum dew point of the sample.) This will be determined by a temperature sensor located on a section of the probe wall outside of the dilution tunnel. The temperature sensor shall be insulated from any heating elements on the probe. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(15) The dilute exhaust gas flowing in the hydrocarbon sample system shall be:
(i) At 235 °F ±15 °F (113 °C ±8 °C) immediately before the heated filter. This will be determined by a temperature sensor located immediately upstream of the filter. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(ii) At 235° ±15 °F (113 °C ±8 °C) immediately before the HFID. This will be determined by a temperature sensor located at the exit of the heated sample line. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(16) It is intended that the dilute exhaust gas flowing in the hydrocarbon sample system between 220 °F and 250 °F (105 °C and 121 °C).
(17) For methanol-fueled vehicles, bag sampling procedures for the measurement of hydrocarbons as described in § 86.109 may be employed.
(d) [Reserved]. For guidance see § 86.110-90.
(a)
(b)
(1) The CL requires that the nitrogen dioxide present in the sample be converted to nitric oxide before analysis. Other types of analyzers may be used if shown to yield equivalent results and if approved in advance by the Administrator.
(2) The carbon monoxide (CO) NDIR analyzer may require a sample conditioning column containing CaSO
(i) If CO instruments which are essentially free of CO
(ii) A CO instrument will be considered to be essentially free of CO
(3) For petroleum-fueled diesel vehicles (and if selected, for methanol-fueled diesel vehicles) a continuous hydrocarbon sample shall be measured using a heated analyzer train as shown in Figure B90-5 (or B90-6). The train shall include a heated probe, a heated continuous sampling line, a heated particulate filter and a heated hydrocarbon instrument (HFID) complete with heated pump, filter and flow control system.
(i) The response time of this instrument shall be less than 1.5 seconds for 90 percent of full scale response.
(ii) The continuous HC sample system may use an “overflow” zero and span system; see § 86.140-82(b)(4). In this type of system (figures B82-3A and B82-4A), zero or span gas is introduced into the heated sample line at a flow rate that exceeds the sample flow rate to the HFID. The excess gas overflows the sample probe into the dilution tunnel. This method assures that the reference gas enters HFID in the same concentration as the injected reference gas and at the same rate as the sample exhaust gas. In addition to zero and span checks, it may also be used to calibrate the HC analyzer per § 86.121-82(b). The overflow gas flow rate into the sample line shall be greater than 125 percent of the HFID flow rate with the CVS blower operating. A lower flow rate may be used if it has been experimentally shown to produce equivalent results and current dccumentation is maintained. The overflow gases shall enter the heated sample line as close as practicable to the outside surface of the dilution tunnel.
(iii) No other analyzers may draw a sample from the continuous HC sample probe, line or system, unless a common sample pump is used of all analyzers and the single sample line system design reflects good engineering practice.
(iv) Sample transport time from sampling point to inlet of instrument shall be less than 4 seconds.
(v) For petroleum-fueled diesel vehicles, the sample line and filter shall be heated to maintain a sample gas temperature of 375°±10 °F (191°±6 °C) before the filter and before the HFID.
(vi) For methanol-fueled diesel vehicles, the sample line and filter shall be heated to maintain a sample gas temperature of 235°±15 °F (113°±8 °C) before the filter and before the HFID.
(c)
Section 86.111-94 includes text that specifies requirements that differ from § 86.111-90. Where a paragraph in § 86.111-90 is identical and applicable to § 86.111-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For
(a)
(b)
(1) The CL requires that the nitrogen dioxide present in the sample be converted to nitric oxide before analysis. Other types of analyzers may be used if shown to yield equivalent results and if approved in advance by the Administrator.
(2) The carbon monoxide (CO) NDIR analyzer may require a sample conditioning column containing CaSO
(i) If CO instruments which are essentially free of CO
(ii) A CO instrument will be considered to be essentially free of CO
(3) For petroleum-fueled diesel vehicles (and if selected, for methanol-fueled, natural gas-fueled and liquefied petroleum gas-fueled diesel vehicles) a continuous hydrocarbon sample shall be measured using a heated analyzer train as shown in Figure B90-5 (or B90-6). The train shall include a heated probe, a heated continuous sampling line, a heated particulate filter and a heated hydrocarbon instrument (HFID) complete with heated pump, filter and flow control system.
(i) The response time of this instrument shall be less than 1.5 seconds for 90 percent of full scale response.
(ii) The continuous THC sample system may use an “overflow” zero and span system; see § 86.140-82(b)(4). In this type of system (figures B82-3A and B82-4A), zero or span gas is introduced into the heated sample line at a flow rate that exceeds the sample flow rate to the HFID. The excess gas overflows the sample probe into the dilution tunnel. This method assures that the reference gas enters HFID in the same concentration as the injected reference gas and at the same rate as the sample exhaust gas. In addition to zero and span checks, it may also be used to calibrate the THC analyzer per § 86.121-82(b). The overflow gas flow rate into the sample line shall be greater than 125 percent of the HFID flow rate with the CVS blower operating. A lower flow rate may be used if it has been experimentally shown to produce equivalent results and current documentation is maintained. The overflow gases shall enter the heated sample line as close as practicable to the outside surface of the dilution tunnel.
(iii) No other analyzers may draw a sample from the continuous THC sample probe, line, or system, unless a common sample pump is used of all analyzers and the single sample line system design reflects good engineering practice.
(iv) Sample transport time from sampling point to inlet of instrument shall be less than 4 seconds.
(v) For petroleum-fueled, natural gas-fueled and liquefied petroleum gas-fueled diesel vehicles, the sample line and filter shall be heated to maintain a sample gas temperature of 375° ±10 °F (191° ±6 °C) before the filter and before the HFID.
(vi) For methanol-fueled diesel-cycle vehicles, the sample line and filter shall be heated to maintain a sample gas temperature of 235 °±15 °F (113 °±8 °C) before the filter and before the HFID.
(vii) Using a methane analyzer consisting of a gas chromatograph combined with a FID, the measurement of methane shall be done in accordance
(A) 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.
(B) 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:
(c)
(a)
(2)
(3) The environment shall be free from any ambient contaminants (such as dust) that would settle on the particulate filters during their stabilization.
(4) It is required that two unused reference filters remain in the weighing room at all times in covered (to reduce dust contamination) but unsealed (to permit humidity exchange) petri dishes. These reference filters shall be placed in the same general area as the sample filters. These reference filters shall be weighed within 4 hours of, but preferably just prior to, the pre- and post-test sample filter weighings.
(5) If the weight of either of the reference filters changes between pre- and post-test sample filter weighings by more than ±2.0 percent of the test average primary filter loading (recommended minimum of 0.5 milligrams) or ±0.010 milligrams, whichever is greater, then the post-test sample filter weights are invalid. However, the post-test weighing procedure can be repeated to obtain valid weights within the time limits as specified in § 86.139.
(6) The reference filters shall be changed at least once per month, but never between pre- and post-test weighings of a given sample filter. The reference filters shall be the same size and material as the sample filters.
(b)
(c)
This section includes text that specifies requirements that differ from § 86.113-94. Where a paragraph in § 86.113-94 is identical and applicable to this section, this will be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.113-94.”.
(a)
(2) For light-duty vehicles, light-duty trucks and medium-duty passenger vehicles certified for 50 state sale, and for Tier 2 and interim non-Tier 2 vehicles whose certification is carried over from the NLEV program or carried across from the California LEV I program, “California Phase 2” gasoline having the specifications listed in the table in this section may be used in exhaust emission testing as an option to the specifications in paragraph (a)(1) of this section. If a manufacturer elects to utilize this option, the manufacturer must conduct exhaust emission testing with gasoline having the specifications listed in the table in this paragraph (a)(2) and in the case of interim non-Tier 2 LDV/Ts and interim non-Tier 2 MDPVs whose certification is carried over from the NLEV program or carried across from California LEV I program certification the Administrator must also conduct exhaust emission testing with gasoline having the specifications listed in the table in this paragraph (a)(2). However, the Administrator may use or require the use of test fuel meeting the specifications in paragraph (a)(1) of this section for certification confirmatory testing, selective enforcement auditing and in-use testing for all other vehicles. All fuel property test methods for this fuel are contained in Chapter 4 of the California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996). These requirements are incorporated by reference (see § 86.1). The table follows:
(3)(i) Unless otherwise approved by the Administrator, unleaded gasoline representative of commercial gasoline that will be generally available through retail outlets must be used in service accumulation. For model years 2004 and later, and unless otherwise approved by the Administrator, this gasoline must have a minimum sulfur content of 15 ppm. Unless otherwise approved by the Administrator, where the vehicle is to be used for evaporative emission durability demonstration, such fuel must contain ethanol as required by § 86.1824-01(a)(2)(iii). Leaded gasoline must not be used in service accumulation.
(ii) Unless otherwise approved by the Administrator, the octane rating of the gasoline used must be no higher than 1.0 Retail octane number above the lowest octane rating that meets the fuel grade the manufacturer will recommend to the ultimate purchaser for the relevant production vehicles. If the manufacturer recommends a Retail octane number rather than a fuel grade, then the octane rating of the service accumulation gasoline can be no higher than 1.0 Retail octane number above the recommended Retail octane number. The service accumulation gasoline must also have a minimum sensitivity of 7.5 octane numbers, where sensitivity is defined as the Research octane number minus the Motor octane number.
(iii) The Reid Vapor Pressure of the gasoline used must be characteristic of the motor fuel used during the season in which the service accumulation takes place.
(4) The specification range of the gasoline to be used under this paragraph (a) must be reported in accordance with §§ 86.094-21(b)(3) and 86.1844-01.
(b)-(g) [Reserved]. For guidance see § 86.113-94.
Section 86.113-07 includes text that specifies requirements that differ from § 86.113-94 or § 86.113-04. Where a paragraph in § 86.113-94 or § 86.113-04 is identical and applicable to § 86.113-07, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.113-94.” or “[Reserved]. For guidance see § 86.113-04.”.
(a) [Reserved]. For guidance see § 86.113-04.
(b)(1) [Reserved]. For guidance see § 86.113-94.
(b)(2) Petroleum fuel for diesel vehicles meeting the following specifications, or substantially equivalent specifications approved by the Administrator, must be used in exhaust emissions testing. The grade of petroleum diesel fuel recommended by the engine manufacturer, commercially designated as “Type 2-D” grade diesel, must be used:
(3) Petroleum fuel for diesel vehicles meeting the following specifications, or substantially equivalent specifications approved by the Administrator, shall be used in service accumulation. The grade of petroleum diesel fuel recommended by the engine manufacturer, commercially designated as “Type 2-D” grade diesel fuel, shall be used: (b)(4) through (g) [Reserved]. For guidance see § 86.113-94.
(h)(1) For model year 2004 through 2006 Tier 2 diesel-fueled vehicles that incorporate sulfur-sensitive technologies, the manufacturer may test the vehicle using a test fuel meeting the specifications listed in paragraphs (b)(2) and (b)(3) of this section, provided the manufacturer clearly recommends to the ultimate purchaser in the owner's manual that the vehicle should use fuel with no higher than 15 ppm sulfur.
(2) For model year 2004 through 2006 Tier 2 diesel-fueled vehicles that incorporate sulfur-sensitive technologies and that are certified for 50-state sale (
(3) Where a manufacturer uses a test fuel under paragraph (h)(1) or (h)(2) of this section, EPA shall use the same fuel for its compliance testing.
(a)
(2)(i) Unleaded gasoline representative of commercial gasoline which will be generally available through retail outlets shall be used in service accumulation. Leaded gasoline will not be used in service accumulation.
(ii) The octane rating of the gasoline used shall be no higher than 1.0 Research octane number above the minimum recommended by the manufacturer and have a minimum sensitivity of 7.5 octane numbers, where sensitivity is defined as the Research octane number minus the Motor octane number.
(iii) The Reid Vapor Pressure of the gasoline used shall be characteristic of the motor fuel used during the season in which the service accumulation takes place.
(3) The specification range of the gasoline to be used under this paragraph (a) shall be reported in accordance with § 86.094-21(b)(3) or § 86.1844-01 as applicable.
(b)
(2) Petroleum fuel for diesel vehicles meeting the following specifications, or substantially equivalent specifications approved by the Administrator, shall be used in exhaust emission testing. The grade of petroleum diesel fuel recommended by the engine manufacturer, commercially designated as “Type 2-D” grade diesel, shall be used:
(3) Petroleum fuel for diesel vehicles meeting the following specifications, or substantially equivalent specifications approved by the Administrator, shall be used in service accumulation. The grade of petroleum diesel fuel recommended by the engine manufacturer, commercially designated as “Type 2-D” grade diesel fuel, shall be used:
(4) Other petroleum distillate fuels may be used for testing and service accumulation provided:
(i) They are commercially available; and
(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and
(iii) Use of a fuel listed under paragraphs (b)(2) and (b)(3) of this section would have a detrimental effect on emissions or durability; and
(iv) Written approval from the Administrator of the fuel specifications is provided prior to the start of testing.
(5) The specification range of the fuels to be used under paragraphs (b)(2), (b)(3) and (b)(4) of this section shall be reported in accordance with § 86.094-21(b)(3) or § 86.1844-01 as applicable.
(c)
(i) Manufacturers shall recommend the methanol fuel to be used for testing and service accumulation.
(ii) The Administrator shall determine the methanol fuel to be used for testing and service accumulation.
(2) Other methanol fuels may be used for testing and service accumulation provided:
(i) They are commercially available; and
(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and
(iii) Use of a fuel listed under paragraph (c)(1) of this section would have a detrimental effect on emissions or durability; and
(iv) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.
(3) The specification range of the fuels to be used under paragraphs (c)(1) and (c)(2) of this section shall be reported in accordance with § 86.094-21(b)(3) or § 86.1844-01 as applicable.
(d)
(2) The fuel mixtures used by the manufacturers shall be sufficient to demonstrate compliance over the full design range, and shall include:
(i) For emission testing:
(A) The petroleum fuel specified in paragraph (a) or (b) of this section;
(B) A methanol fuel representative of the methanol fuel expected to the found in use, as specified in paragraph (c) of this section;
(C) A combination of the fuels specified in paragraphs (d)(2)(i)(A) and (d)(2)(i)(B) of this section at a composition which represents the highest Reid Vapor Pressure of in-use mixtures. This mixture shall contain between 9-13 percent methanol by volume.
(ii) For service accumulation, the fuels specified in paragraphs (a) and (c) of this section or, for diesel FFVs, paragraphs (b) and (c) of this section shall be used alternately. The fuels shall be alternated at mileage intervals not to exceed 5,000 miles. The fuels shall be alternated such that the cumulative volumes of both the methanol fuel and the petroleum fuel used shall be at least 25 percent of the total fuel volume.
(iii) Or, other combinations for testing or service accumulation which demonstrate compliance with the standards over the entire design range of the vehicle, provided that written approval is obtained from the Administrator prior to the start of testing.
(3) The specification range of the fuels to be used under this paragraph shall be reported in accordance with § 86.094-21(b)(3) or § 86.1844-01 as applicable.
(e)
(2) Natural gas representative of commercially available natural gas fuel which will be generally available through retail outlets shall be used in service accumulation for natural gas- fueled vehicles.
(3) Other natural gas fuels may be used for testing and service accumulation provided:
(i) They are commercially available; and
(ii) Information acceptable to the Administrator is provided to show that only the designated fuel would be used in customer service; and
(iii) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.
(4) The specification range of the fuels to be used under paragraphs (e)(1), (e)(2) and (e)(3) of this section shall be reported in accordance with § 86.094-21(b)(3) or § 86.1844-01 as applicable.
(f)
(i) Manufacturers shall recommend the liquefied petroleum gas fuel to be used for testing and service accumulation.
(ii) The Administrator shall determine the liquefied petroleum gas fuel to be used for testing and service accumulation.
(2) Other liquefied petroleum gas fuels may be used for testing and service accumulation provided:
(i) They are commercially available; and
(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and
(iii) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.
(3) The specification range of the fuel to be used under paragraphs (f)(1) and (f)(2) of this section shall be measured in accordance with ASTM D2163-61 (Incorporated by reference; see § 86.1) and reported in accordance with § 86.094-21(b)(3) or § 86.1844-01 as applicable.
(g) Fuels not meeting the specifications set forth in this section may be used only with the advance approval of the Administrator.
(a)
(2) Gases for the THC analyzer shall be:
(i) Single blends of propane using air as the diluent; and
(ii) Optionally, for response factor determination, single blends of methanol using air as the diluent.
(3) Gases for the methane analyzer shall be single blends of methane using air as the diluent.
(4) Gases for the NO
(5) Fuel for FIDs and HFIDs and the methane analyzer shall be a blend of 40 ±2 percent hydrogen with the balance being helium. The mixture shall contain less than one ppm equivalent carbon response. 98 to 100 percent hydrogen fuel may be used with advance approval by the Administrator.
(6) The allowable zero gas (air or nitrogen) impurity concentrations shall not exceed 1 ppm equivalent carbon response, 1 ppm carbon monoxide, 0.04 percent (400 ppm) carbon dioxide, and 0.1 ppm nitric oxide.
(7) “Zero grade air” includes artificial “air” consisting of a blend of nitrogen and oxygen with oxygen concentrations between 18 and 21 mole percent.
(8) The use of precision blending devices (gas dividers) to obtain the required calibration, as defined below, is acceptable, provided that the calibration curves they produce name a calibration gas within 2 percent of its certified concentration. This verification shall be performed at between 15 and 50 percent of the full scale concentration of the range and shall be included with each gas calibration incorporating a blending device. Alternative procedures to verify the validity of the analyzer calibration curves generated using a gas divider are acceptable provided the procedures are approved in advance by the Administrator.
(b) Calibration gases (not including methanol) shall be traceable to within one percent of NIST (formerly NBS) gas standards, or other gas standards which have been approved by the Administrator.
(c) Span gases (not including methanol) shall be accurate to within two percent of true concentration, where true concentration refers to NIST (formerly NBS) gas standards, or other gas standards which have been approved by the Administrator.
(d) Methanol in air gases used for response factor determination shall:
(1) Be traceable to within ±2 percent of NIST (formerly NBS) gas standards, or other standards which have been approved by the Administrator; and
(2) Remain within ±2 percent of the labeled concentration. Demonstration of stability shall be based on a quarterly measurement procedure with a precision of ±2 percent (two standard deviations), or other method approved by the Administrator. The measurement procedure may incorporate multiple measurements. If the true concentration of the gas changes by more than two percent, but less than ten percent, the gas may be relabeled with the new concentration.
Section 86.115-00 includes text that specifies requirements that differ from § 86.115-78. Where a paragraph in § 86.115-78 is identical and applicable to § 86.115-00, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.115-78.”
(a) The driving schedules for the EPA Urban Dynamometer Driving Schedule, US06, SC03, and the EPA New York City Cycles are contained in appendix I of this part. The driving schedules are defined by a smooth trace drawn through the specified speed vs. time relationships. They each consist of a distinct non-repetitive series of idle, acceleration, cruise, and deceleration modes of various time sequences and rates.
(b) The driver should attempt to follow the target schedule as closely as possible (refer to § 86.128-00 for additional cycle driving instructions). The speed tolerance at any given time for these schedules, or for a driver's aid chart approved by the Administrator, are as follows:
(b)(1)-(c) [Reserved]. For guidance see § 86.115-78.
(a) The EPA Urban Dynamometer Driving Schedule and the EPA New York City Cycle are listed in appendix I of this part. The driving schedules are defined by a smooth trace drawn through the specified speed vs. time relationships. They each consist of a distinct nonrepetitive series of idle, acceleration, cruise, and deceleration modes of various time sequences and rates.
(b) The driver should attempt to follow the target schedule as closely as possible. The speed tolerance at any given time for these schedules, or for a driver's aid chart approved by the Administrator, are as follows:
(1) The upper limit is 2 mph (3.2 km/h) higher than the highest point on the trace within 1 second of the given time.
(2) The lower limit is 2 mph (3.2 km/h) lower than the lowest point on the trace within 1 second of the given time.
(3)(i) Speed variations greater than the tolerances (such as may occur during gear changes or braking spikes) are acceptable, provided they occur for less than 2 seconds on any occasion and are clearly documented as to the time and speed at that point of the driving schedule.
(ii) When conducted to meet the requirements of § 86.129-94 or § 86.153-98(d), up to three additional occurrences of speed variations greater than the tolerance are acceptable, provided they occur for less than 15 seconds on any occasion, and are clearly documented as to the time and speed at that point of the driving schedule.
(4) Speeds lower than those prescribed are acceptable, provided the vehicle is operated at maximum available power during such occurrences.
(5) When conducted to meet the requirements of § 86.129-94, § 86.132-96, § 86.146-96, or § 86.153-98(d), the speed tolerance shall be as specified above, except that the upper and lower limits shall be 4 mph (6.4 km/h).
(c) Figures B78-4(a) and B78-4(b) show the range of acceptable speed tolerances for typical points. Figure B78-4(a) is typical of portions of the speed curve which are increasing or decreasing throughout the 2-second time interval. Figure B78-4(b) is typical of portions of the speed curve which include a maximum or minimum value.
(a) Calibrations shall be performed as specified in § 86.117 through § 86.126.
(b) At least yearly or after any maintenance which could alter background emission levels, evaporative enclosure background emission measurements shall be performed.
(c) At least monthly or after any maintenance which could alter calibration, the following calibrations and checks shall be performed:
(1) Calibrate the THC analyzers (both evaporative and exhaust instruments), methane analyzer, carbon dioxide analyzer, carbon monoxide analyzer, and oxides of nitrogen analyzer (certain analyzers may require more frequent calibration depending on particular equipment and uses).
(2) Calibrate the dynamometer. If the dynamometer receives a weekly performance check (and remains within calibration) the monthly calibration need not be performed.
(3) Perform an organic gas retention and calibration on the evaporative emissions enclosure (see § 86.117-90(c)).
(4) Calibrate the gas meters or flow instrumentation used for providing total flow measurement for particulate sampling.
(5) Check the oxides of nitrogen converter efficiency.
(d) At least weekly or after any maintenance which could alter calibration, the following calibrations and checks shall be performed:
(1) [Reserved]
(2) Perform a CVS system verification, and
(3) Run a performance check on the dynamometer. This check may be omitted if the dynamometer has been calibrated within the preceding month.
(e) The CVS positive displacement pump or Critical Flow Venturi shall be calibrated following initial installation, major maintenance, or as necessary when indicated by the CVS system verification (described in § 86.119).
(f) Sample conditioning columns, if used in the CO analyzer train, should be checked at a frequency consistent with observed column life or when the indicator of the column packing begins to show deterioration.
(g) The Administrator, upon request, may waive the requirement to comply with the specified methanol recovery tolerance (e.g., ±2 percent in §§ 86.117-90 and 86.119-90), and/or the specified methanol retention tolerance (e.g., ±4 percent in § 86.117-90), and instead require compliance with higher tolerances (not to exceed ±6 percent for recoveries and ±8 for retention), provided that:
(1) The Administrator determines that compliance with these specified tolerances is not practically feasible; and
(2) The manufacturer makes information available to the Administrator which indicates that the calibration tests and their results are consistent with good laboratory practice, and that the results are consistent with the results of calibration testing conducted by the Administrator.
The calibration of evaporative emission enclosures consists of three parts: initial and periodic determination of enclosure background emissions (hydrocarbons and methanol); initial determination of enclosure internal volume; and periodic hydrocarbon and methanol retention check and calibration. Methanol measurements may be omitted if methanol-fueled vehicles will not be tested in the evaporative enclosure. Alternate calibration methods may be used if shown to yield equivalent or superior results, and if approved in advance by the Administrator; specifically, more extreme temperatures may be used for determining calibration without affecting the validity of test results.
(a)
(1) Prepare the enclosure. (i) Variable-volume enclosures may be operated in either latched or unlatched volume configuration, as described in paragraph (b)(1) of this section. Ambient temperatures shall be maintained at 96±3 °F throughout the 4-hour period.
(ii) Fixed-volume enclosures may be operated with inlet and outlet flow streams either closed or open; if inlet and outlet flow streams are open, the air flowing into and out of the enclosure must be monitored in accordance with § 86.107-96(a)(1)(ii)(B). Ambient temperatures shall be maintained at 96±3 °F throughout the 4-hour period.
(iii) For running loss enclosures ambient temperatures shall be maintained at 95±3 °F throughout the 4-hour period. For running loss enclosures designed with a vent for makeup air, the enclosure shall be operated with the vent closed.
(2) The enclosure may be sealed and the mixing fan operated for a period of up to 12 hours before the 4-hour background sampling period begins.
(3) Zero and span (calibrate if required) the hydrocarbon analyzer.
(4) Prior to the background determination, purge the enclosure until a stable background hydrocarbon reading is obtained.
(5) Turn on the mixing blower (if not already on).
(6) Seal enclosure and measure background hydrocarbon concentration, background methanol, temperature, and barometric pressure.
These are the initial readings C
(7) Allow the enclosure to stand undisturbed for four hours.
(8) Measure the hydrocarbon concentration on the same FID and the methanol level. These are the final concentrations, C
(9) Calculate the mass change of methanol, hydrocarbons, and hydrocarbons plus methanol in the enclosure according to the equations in paragraph (d) of this section.
(i)
(ii)
(b)
(1) Carefully measure the internal length, width and height of the enclosure, accounting for irregularities (such as braces) and calculate the internal volume. For variable-volume enclosures, latch the enclosure to a fixed volume when the enclosure is held at a constant temperature; this nominal volume shall be repeatable within ±0.5 percent of the reported value.
(2)-(3) [Reserved]
(c)
(1) An enclosure to be used for the diurnal emission test (see § 86.133-96) shall be calibrated according to the following procedure. Calibration for hydrocarbon and methanol may be conducted simultaneously or in sequential test runs.
(i) Zero and span (calibrate if required) the hydrocarbon analyzer.
(ii) Purge the enclosure until a stable background hydrocarbon reading is obtained.
(iii) Turn on the mixing blowers (if not already on).
(iv) [Reserved]
(v) Turn on the ambient temperature control system (if not already on) and adjust it for an initial temperature of 96 °F (36 °C). On variable-volume enclosures, latch the enclosure to the appropriate volume position for the set temperature. On fixed-volume enclosures close the outlet and inlet flow streams.
(vi) When the enclosure stabilizes at 96±3 °F (36±2 °C), seal the enclosure and measure background hydrocarbon concentration, background methanol, temperature, and barometric pressure. These are the initial readings C
(vii) For evaporative emission enclosures which will be used to measure evaporative emissions from vehicles meeting evaporative standards equal to or above 2.0 grams, inject into the enclosure 0.5 to 6 grams of pure methanol at a temperature of at least 150 °F (65 °C) and/or 0.5 to 6 grams of pure propane at lab ambient temperatures. For evaporative emission enclosures which will be used to measure evaporative emissions from vehicles meeting evaporative standards below 2.0 grams, inject into the enclosure 0.5 to 1.0 grams of pure methanol at a temperature of at least 150 °F (65 °C) and/or 0.5 to 1.0 grams of pure propane at lab ambient temperature. The injected quantity may be measured by volume flow or by mass measurement. The method used to measure the quantity of methanol and propane shall have an accuracy of ±0.2 percent of measured value (less accurate methods may be used with the advance approval of the Administrator).
(viii) After a minimum of 5 minutes of mixing, analyze the enclosure atmosphere for hydrocarbon and methanol content, also record temperature and pressure. These measurements are the final readings for the enclosure calibration as well as the initial readings for the retention check.
(ix) To verify the enclosure calibration, calculate the mass of propane and the mass of methanol using the measurements taken in paragraphs (c)(1)(vi) and (viii) of this section. See paragraph (d) of this section. This quantity must be within ±2 percent of that measured in paragraph (c)(1)(vii) of this section. (For 1991-1995 calendar years, the difference may exceed ±2 percent for methanol, provided it does not exceed ±6 percent.)
(x) For variable-volume enclosures, unlatch the enclosure from the nominal volume configuration. For fixed-volume enclosures, open the outlet and inlet flow streams.
(xi) Start cycling the ambient temperature from 96 °F to 72 °F and back to 96 °F over a 24-hour period, according to the profile specified in § 86.133-96 and appendix II of this part, within 15 minutes of sealing the enclosure.
(xii) At the completion of the 24-hour cycling period, analyze the enclosure atmosphere for hydrocarbon and methanol content; determine the net withdrawn methanol (in the case of diurnal emission testing with fixed volume enclosures); record temperature and barometric pressure. These are the final readings for the hydrocarbon and methanol retention check. The final hydrocarbon and methanol mass, calculated in paragraph (d) of this section, shall be within three percent of that determined in paragraph (c)(1)(viii) of this section. (For 1991-1995 calendar years, the difference may exceed ±3 percent for methanol, provided it does not exceed ±6 percent.)
(2) An enclosure to be used for the running loss test (see § 86.134-96) shall meet the calibration and retention requirements of § 86.117-90(c).
(3) Enclosures calibrated according to the procedures specified in either paragraph (c)(1) or (c)(2) of this section may be used for hot soak testing (see § 86.138).
(d)
(i) M
(ii) V=Enclosure volume, ft
(iii)-(iv) [Reserved]
(v) V
(vi) P
(vii) C
(viii) AV=Volume of absorbing reagent in impinger (ml).
(ix) i=Initial sample.
(x) f=Final sample.
(xii) 1=First impinger.
(xiii) 2=Second impinger.
(xiv) M
(xv) M
(2) The hydrocarbon mass change is calculated from the initial and final FID readings of hydrocarbon concentration, methanol concentration with FID response to methanol, the net withdrawn hydrocarbon and methanol (in the case of diurnal emission testing with fixed-volume enclosures), and initial and final temperature and pressure according to the following equation:
(i) M
(ii) C
(iii) C
(iv) V=Enclosure volume ft
(v) r=FID response factor to methanol.
(vi) P
(vii) T=Enclosure ambient temperature, R(K).
(viii) i=Indicates initial reading.
(ix) f=Indicates final reading.
(x)(A) k=3.05.
(B) For SI units, k=17.60.
(xi) M
(xii) M
(3) For variable-volume enclosures, defined in § 86.107(a)(1)(i), the following simplified form of the hydrocarbon mass change equation may be used:
(e)
(1) The following “gravimetric” technique can be used to verify that the vapor sampling system and analytical instruments can accurately measure a mass of gas that has been injected into the system. If the vapor sampling system will be used only in the testing of petroleum-fueled engines, the system verification may be performed using propane. If the vapor sampling system will be used with methanol-fueled vehicles as well as petroleum-fueled vehicles, the system verification performance check must include a methanol check in addition to the propane check. (Verification can also be accomplished by constant flow metering using critical flow orifice devices.)
(i) Obtain a small cylinder that has been charged with pure propane gas. Obtain another small cylinder that has been charged with pure methanol if the system will be used for methanol-fueled vehicle testing. Since this cylinder will be heated to 150-155 °F, care must be taken to ensure that the liquid volume of methanol placed in the cylinder does not exceed approximately one-half of the total volume of the cylinder.
(ii) Determine a reference cylinder weight to the nearest 0.01 grams.
(iii) Operate the vapor sampling system in the normal manner and release a known quantity of pure propane into the most frequently used fuel vapor collector during the sampling period (approximately 5 minutes).
(iv) Continue to operate the vapor sampling system in the normal manner and release a known quantity of pure methanol into the system during the sampling period (approximately 5 minutes).
(v) The calculations of § 86.144 are performed in the normal way, except in the case of propane. The density of propane (17.30 g/ft
(vi) The gravimetric mass is subtracted from the vapor sampling system measured mass and then divided by the gravimetric mass to determine the percent accuracy of the system.
(vii) The cause for any discrepancy greater than ±2 percent must be found and corrected.
(2) This procedure shall be conducted in the point-source running loss test environment with the collector installed in a vehicle in the normal test configuration. The fuel of the test vehicle shall either be diesel, or it shall be kept under 100 °F (38 °C). Two to six grams of pure propane and two to six grams of pure methanol shall be injected into the collector while the vehicle is operated over one Urban Dynamometer Driving Schedule (UDDS), as described in § 86.115 and appendix I of this part. The propane and methanol injections shall be conducted at the ambient temperature of 95±5 °F (35±3 °C).
(a) The dynamometer shall be calibrated at least once each month or performance verified at least once each week and then calibrated as required.
(b) For large single roll electric dynamometers or equivalent dynamometer configurations, the dynamometer adjustment settings for each vehicle's emission test sequence shall be verified by comparing the force imposed during dynamometer operation with actual road load force.
(a) The dynamometer shall be calibrated at least once each month or performance verified at least once each week and then calibrated as required. The calibration shall consist of the manufacturer's recommended calibration procedure plus a determination of the dynamometer frictional power absorption at 50.0 mph (80.5 km/h). One method for determining dynamometer frictional power absorption at 50.0 mph (80.5 km/h) is described below, other methods may be used if shown to yield equivalent results. The measured absorbed road power includes the dynamometer friction as well as the power absorbed by the power absorption unit. The dynamometer is driven above the test speed range. The device used to drive the dynamometer is then disengaged from the dynamometer and the roll(s) is (are) allowed to coast down. The kinetic energy of the system is dissipated by the dynamometer. This method neglects the variations in roll bearing friction due to the drive axle weight of the vehicle. The inertia of the free (rear) roll may be neglected in the case of dynamometers with paired rolls.
(1) Devise a method to determine the speed of the drive roll if it is not already measured. A fifth wheel, revolution pickup, or other suitable means may be used.
(2) Place a vehicle on the dynamometer or devise another method of driving the dynamometer.
(3) Engage the inertial flywheel or other inertial simulation system for the most common vehicle mass category for which the dynamometer is used. In addition other vehicle mass categories may be calibrated, if desired.
(4) Drive the dynamometer up to 50.0 mph (80.5 km/h).
(5) Record indicated road power.
(6) Drive the dynamometer up to 60.0 mph (96.9 km/h).
(7) Disengage the device used to drive the dynamometer.
(8) Record the time for the dynamometer drive roll to coastdown from 55.0 mph (88.5 km/h) to 45 mph (72.4 km/h).
(9) Adjust the power absorption unit to a different level.
(10) Repeat steps (4) to (9) above sufficient times to cover the range of road power used.
(11) Calculate absorbed road power (HP
(12) Plot indicated road load power at 50 mph (80.5 km/h) versus road load power at 50 mph (80.5 km/h) as shown in Figure B78-5.
(b) The performance check consists of conducting a dynamometer coastdown at one or more inertia-horsepower settings and comparing the coastdown time to that recorded during the last calibration. If the coastdown times differ by more than 1 s, a new calibration is required.
(c)
(Expressions in parentheses are for SI units.) When the coastdown is from 55 to 45 mph (88.5 to 72.4 km/h) the above equation reduces to:
The CVS is calibrated using an accurate flowmeter and restrictor valve. Measurements of various parameters are made and related to flow through the unit. Procedures used by EPA for both PDP and CFV are outlined below. Other procedures yielding equivalent results may be used if approved in advance by the Administrator. After the calibration curve has been obtained,
(a)
(2) This calibration procedure is based on the measurement of the absolute values of the pump and flowmeter parameters that relate the flow rate at each point. Three conditions must be maintained to assure the accuracy and integrity of the calibration curve. First, the pump pressures should be measured at taps on the pump rather than at the external piping on the pump inlet and outlet. Pressure taps that are mounted at the top center and bottom center of the pump drive headplate are exposed to the actual pump cavity pressures, and therefore reflect the absolute pressure differentials. Secondly, temperature stability must be maintained during the calibration. The laminar flowmeter is sensitive to inlet temperature oscillations which cause the data points to be scattered. Gradual changes (±2 °F (1.1 °C)) in temperature are acceptable as long as they occur over a period of several minutes. Finally, all connections between the flowmeter and the CVS pump must be absolutely void of any leakage.
(3) During an exhaust emission test the measurement of these same pump parameters enables the user to calculate the flow rate from the calibration equation.
(4) Connect a system as shown in Figure B90-8. Although particular types of equipment are shown, other configurations that yield equivalent results may be used if approved in advance by the Administrator. For the system indicated, the following data with given accuracy are required:
(5) After the system has been connected as shown in Figure B90-8, set the variable restrictor in the wide open position and run the CVS pump for 20 minutes. Record the calibration data.
(6) Reset the restrictor valve to a more restricted condition in an increment of pump inlet depression (about 4 in. H
(7) Data analysis:
(i) The air flow rate, Q
(ii) The air flow rate is then converted to pump flow, V
(iii) The correlation function at each test point is then calculated from the calibration data:
(8) A CVS system that has multiple speeds should be calibrated on each speed used. The calibration curves generated for the ranges will be approximately parallel and the intercept values, D
(9) If the calibration has been performed carefully, the calculated values from the equation will be within ±0.50 percent of the measured value of V
(b)
(2) The manufacturer's recommended procedure shall be followed for calibrating electronic portions of the CFV.
(3) Measurements necessary for flow calibration are as follows:
(4) Set up equipment as shown in Figure B90-9 and check for leaks. Any leaks between the flow measuring device and the critical flow venturi will seriously affect the accuracy of the calibration.
(5) Set the variable flow restrictor to the open position, start the blower, and allow the system to stabilize. Record data from all instruments.
(6) Vary the flow restrictor and make at least 8 readings across the critical flow range of the venturi.
(7)
(i) The air flow rate, Q
(ii) Calculate values of the calibration coefficient for each test point:
(iii) Plot K
(iv) For a minimum of 8 points in the critical region calculate an average K
(v) If the standard deviation exceeds 0.3 percent of the average K
(8) Calculation of a parameter for monitoring sonic flow in the CFV during exhaust emissions tests:
(i)
(B) The venturi pressure ratio (Pr
(ii)
(c)
(1) Obtain a small cylinder that has been charged with pure propane or carbon monoxide gas (CAUTION—carbon monoxide is poisonous).
(2) Determine a reference cylinder weight to the nearest 0.01 grams.
(3) Operate the CVS in the normal manner and release a quantity of pure propane or carbon monoxide into the system during the sampling period (approximately 5 minutes).
(4) Following completion of step (3) in this paragraph (c) (if methanol injection is required), continue to operate the CVS in the normal manner and release a known quantity of pure methanol (in gaseous form) into the system during the sampling period (approximately five minutes). This step does not need to be performed with each verification, provided that it is performed at least twice annually.
(5) The calculations of § 86.144 are performed in the normal way, except in the case of propane. The density of propane (17.30 g/ft
(6) The gravimetric mass is subtracted from the CVS measured mass and then divided by the gravimetric mass to determine the percent accuracy of the system.
(7) The cause for any discrepancy greater than ±2 percent must be found and corrected. (For 1991-1995 calendar years, discrepancies greater than ±2 percent are allowed for the methanol test, provided that they do not exceed ±8 percent for 1991 testing or ±6 percent for 1992-1995 testing.)
(a) Sampling for particulate, methanol and formaldehyde emissions requires the use of gas meters or flow instrumentation to determine flow through the particulate filters, methanol impingers and formaldehyde impingers. These instruments shall receive initial and periodic calibrations as follows:
(1)(i) Install a calibration device in series with the instrument. A critical flow orifice, a bellmouth nozzle, a laminar flow element or an NBS traceable flow calibration device is required as the standard device.
(ii) The flow system should be checked for leaks between the calibration and sampling meters, including any pumps that may be part of the system, using good engineering practice.
(2) Flow air through the calibration system at the sample flow rate used for particulate, methanol, and formaldehyde testing and at the backpressure which occurs during the test.
(3) When the temperature and pressure in the system have stabilized, measure the indicated gas volume over a time period of at least five minutes or until a gas volume of at least ±1 percent accuracy can be determined by the standard device. Record the stabilized air temperature and pressure upstream of the instrument and as required for the standard device.
(4) Calculate air flow at standard conditions as measured by both the standard device and the instrument(s). (Standard conditions are defined as 68 °F (20 °C) and 29.92 in Hg (101.3 kPa).)
(5) Repeat the procedures of paragraphs (a)(2) through (4) of this section using at least two flow rates which bracket the typical operating range.
(6) If the air flow at standard conditions measured by the instrument differs by ±1.0 percent of the maximum operating range or ±2.0 percent of the point (whichever is smaller), then a correction shall be made by either of the following two methods:
(i) Mechanically adjust the instrument so that it agrees with the calibration measurement at the specified flow rates using the criteria of paragraph (a)(6) of this section; or
(ii) Develop a continuous best fit calibration curve for the instrument (as a function of the calibration device flow measurement) from the calibration points to determine corrected flow. The points on the calibration curve relative to the calibration device measurements must be within ±1.0 percent of the maximum operating range of ±2.0 percent of the point (whichever is smaller).
(b) Other systems. A bell prover may be used to calibrate the instrument if the procedure outlined in ANSI B109.1-1973 is used. Prior approval by the Administrator is not required to use the bell prover.
The hydrocarbon analyzers shall receive the following initial and periodic calibration. The HFID used with petroleum-fueled diesel vehicles shall be operated at a temperature of 375 °F±10 °F (191 °±6 °C). The HFID used with methanol-fueled vehicles shall be operated at 235 °±15 °F (113±8 °C).
(a)
(1) Follow the manufacturer's instructions or good engineering practice for instrument startup and basic operating adjustment using the appropriate FID fuel and zero-grade air.
(2) Optimize on the most common operating range. Introduce into the analyzer a propane (methane as appropriate) in air mixture (methanol in air mixture for methanol-fueled vehicles when optional methanol calibrated HFID procedure is used during the 1994 model year) with a propane (or methane or methanol as appropriate) concentration equal to approximately 90 percent of the most common operating range.
(3) One of the following is required for FID or HFID optimization:
(i) For all FIDs and HFIDs, the procedures specified by the applicable FID or HFID manufacturer.
(ii) For Beckman 400 FIDs only, implementation of the recommendations outlined in Society of Automotive Engineers (SAE) paper No. 770141, “Optimization of Flame Ionization Detector for Determination of Hydrocarbons in Diluted Automobile Exhaust”; author, Glenn D. Reschke.
(iii) For HFIDs only, the following peaking procedure. (A) With the fuel
(B) To determine the optimum air flow, use the fuel flow setting determined in paragraph (a)(3)(iii)(A) of this section and vary air flow.
(iv) Alternative procedures may be used if approved in advance by the Administrator.
(4) To determine the optimum air flow, use the FID fuel flow setting determined above and vary air flow.
(5) After the optimum flow rates have been determined, record them for future reference.
(b)
(1) Adjust analyzer to optimize performance.
(2) Zero the hydrocarbon analyzer with zero-grade air.
(3) Calibrate on each normally used operating range with propane in air calibration gases (either methanol or methane in air as appropriate) having nominal concentrations of 15, 30, 45, 60, 75 and 90 percent of that range. For each range calibrated, if the deviation from a least squares best-fit straight line is two percent or less of the value at each data point, concentration values may be calculated by use of a single calibration factor for that range. If the deviation exceeds two percent at any point, the best-fit non-linear equation which represents the data to within two percent of each test point shall be used to determine concentration.
(c)
(1) The bag sample of methanol for analysis in the FID, if used, shall be prepared using the apparatus shown in Figure B90-11. A known volume of methanol is injected, using a microliter syringe, into the heated mixing zone (250 °F (121 °C)) of the apparatus. The methanol is vaporized and swept into the sample bag with a known volume of zero grade air measured by a gas flow meter meeting the performance requirements of § 86.120.
(2) The bag sample is analyzed using the FID.
(3) The FID response factor, r, is calculated as follows:
(i) r = FID response factor.
(ii) FIDppm = FID reading in ppmC.
(iii) SAMppm=methanol concentration in the sample bag, or gas bottle, in ppmC. SAMppm for sample bags
(iv) 0.02406 = Volume of one mole at 29.92 in. Hg and 68 °F, m
(v) Fuel injected = Volume of methanol injected, ml.
(vi) Fuel density = Density of methanol, 0.7914 g/ml.
(vii) Air volume = Volume of zero grade air, m
(viii) Mol. Wt. CH
(d)
Where:
(1) r
(2) FIDppm=FID reading in ppmC.
(3) SAMppm=the known methane concentration in ppmC.
The NDIR carbon monoxide analyzer shall receive the following initial and periodic calibrations:
(a)
(1) Follow the manufacturer's instructions for instrument startup and operation. Adjust the analyzer to optimize performance on the most sensitive range to be used.
(2) Zero the carbon monoxide analyzer with either zero-grade air or zero-grade nitrogen.
(3) Bubble a mixture of 3 percent CO
(4) An analyzer response of more than 1 percent of full scale for ranges above 300 ppm full scale or of more than 3 ppm on ranges below 300 ppm full scale will require corrective action. (Use of conditioning columns is one form of corrective action which may be taken.)
(b)
(1) Adjust the analyzer to optimize performance.
(2) Zero the carbon monoxide analyzer with either zero-grade air or zero-grade nitrogen.
(3) Calibrate on each normally used operating range with carbon monoxide in N
The chemiluminescent oxides of nitrogen analyzer shall receive the following initial and periodic calibration.
(a) Prior to introduction into service and at least monthly thereafter the chemiluminescent oxides of nitrogen analyzer must be checked for NO
(1) Follow the manufacturer's instructions for instrument startup and operation. Adjust the analyzer to optimize performance.
(2) Zero the oxides of nitrogen analyzer with zero-grade air or zero-grade nitrogen.
(3) Connect the outlet of the NO
(4) Introduce into the NO
(5) With the oxides of nitrogen analyzer in the NO mode, record the concentration of NO indicated by the analyzer.
(6) Turn on the NO
(7) Switch the NO
(8) Switch the oxides of nitrogen analyzer to the NO
(9) Switch off the NO
(10) Turn off the NO
(11) Calculate the efficiency of the NO
(b)
(1) Adjust analyzer to optimize performance.
(2) Zero the oxides of nitrogen analyzer with zero-grade air or zero-grade nitrogen.
(3) Calibrate on each normally used operating range with NO in N2 calibration gases having nominal concentrations of 15, 30, 45, 60, 75, and 90 percent of that range. For each range calibrated, if the deviation from a least-squares best-fit straight line is 2 percent or less of the value at each data point, concentration values may be calculated by use of a single calibration factor for that range. If the deviation exceeds 2 percent at any point, the best-fit non-linear equation which represents the data to within 2 percent of each test point shall be used to determine concentration.
(c) When testing methanol-fueled vehicles, it may be necessary to clean the analyzer frequently to prevent interference with NO
Prior to its introduction into service and monthly thereafter the NDIR carbon dioxide analyzer shall be calibrated:
(a) Follow the manufacturer's instructions for instrument startup and operation. Adjust the analyzer to optimize performance.
(b) Zero the carbon dioxide analyzer with either zero-grade air or zero-grade nitrogen.
(c) Calibrate on each normally used operating range with carbon dioxide in N
Prior to introduction into service and monthly thereafter, the methane analyzer shall be calibrated:
(a) Follow the manufacturer's instructions for instrument startup and operation. Adjust the analyzer to optimize performance.
(b) Zero the methane analyzer with zero-grade air.
(c) Calibrate on each normally used operating range with CH
Other test equipment used for testing shall be calibrated as often as required by the manufacturer or as necessary according to good practice. Specific equipment requiring calibration are the gas chromatograph and flame ionization detector used in measuring methanol and the high pressure liquid chromatograph (HPLC) and ultraviolet detector for measuring formaldehyde.
(a) The overall test consists of prescribed sequences of fueling, parking, and operating test conditions. Vehicles are tested for any or all of the following emissions:
(1) Gaseous exhaust THC, CO, NO
(2) Particulates.
(3) Evaporative HC (for gasoline-fueled, methanol-fueled and gaseous-fueled vehicles) and CH
(4) Fuel spitback (this test is not required for gaseous-fueled vehicles).
(b) The FTP Otto-cycle exhaust emission test is designed to determine gaseous THC, CO, CO
(c)-(e) [Reserved]. For guidance see § 86.127-96.
(f) The element of the SFTP for exhaust emissions related to aggressive driving (US06) is designed to determine gaseous THC, NMHC, CO, CO
(g)(1) The element of the SFTP related to the increased exhaust emissions caused by air conditioning operation (SC03) is designed to determine gaseous THC, NMHC, CO, CO
(2) The SC03 air conditioning test is conducted with the air conditioner operating at specified settings and the ambient test conditions of:
(i) Air temperature of 95 °F;
(ii) 100 grains of water/pound of dry air (approximately 40 percent relative humidity);
(iii) Simulated solar heat intensity of 850 W/m
(iv) air flow directed at the vehicle that will provide representative air conditioner system condenser cooling at all vehicle speeds (see § 86.161-00(e)).
(3) Manufacturers have the option of simulating air conditioning operation during testing at other ambient test conditions provided they can demonstrate that the vehicle tail pipe exhaust emissions are representative of the emissions that would result from the SC03 cycle test procedure and the ambient conditions of paragraph (g)(2) of this section. The Administrator has approved two optional air conditioning test simulation procedures AC1 and AC2 (see § 86.162-00) for only the model years of 2000 through 2002. If a manufacturer desires to conduct simulation SC03 testing for model year 2003 and beyond, the simulation test procedure must be approved in advance by the Administrator (see §§ 86.162-00 and 86.163-00).
(h) Except in cases of component malfunction or failure, all emission control systems installed on or incorporated in a new motor vehicle shall be functioning during all procedures in this subpart. Maintenance to correct component malfunction or failure shall be authorized in accordance with § 86.098-25 or § 86.1834-01 as applicable.
(i) Background concentrations are measured for all species for which emissions measurements are made. For exhaust testing, this requires sampling and analysis of the dilution air. For evaporative testing, this requires measuring initial concentrations. (When testing methanol-fueled vehicles, manufacturers may choose not to measure background concentrations of methanol and/or formaldehyde, and then assume that the concentrations are zero during calculations.)
The procedures described in this and subsequent sections are used to determine the conformity of vehicles with the standards set forth in subpart A of this part for light-duty vehicles and light-duty trucks.
(a) The overall test consists of prescribed sequences of fueling, parking, and operating conditions. Vehicles are tested for any or all of the following emissions:
(1) Gaseous exhaust THC, CO, NO
(2) Particulates.
(3) Evaporative HC (for gasoline-fueled, methanol-fueled and gaseous-fueled vehicles) and CH
(4) Fuel spitback (this test is not required for gaseous-fueled vehicles).
(b) The Otto-cycle exhaust emission test is designed to determine gaseous THC, CO, CO
(c) The diesel-cycle exhaust emission test is designed to determine particulate and gaseous mass emissions during a test similar to the test in § 86.127(b). For petroleum-fueled diesel-cycle vehicles, diluted exhaust is continuously analyzed for THC using a heated sample line and analyzer; the other gaseous emissions (CH
(d) The evaporative emission test (gasoline-fueled vehicles, methanol-fueled and gaseous-fueled vehicles) is designed to determine hydrocarbon and methanol evaporative emissions as a consequence of diurnal temperature fluctuation, urban driving and hot soaks following drives. It is associated with a series of events that a vehicle may experience and that may result in hydrocarbon and/or methanol vapor losses. The test procedure is designed to measure:
(1) Diurnal emissions resulting from daily temperature changes (as well as relatively constant resting losses), measured by the enclosure technique (see § 86.133);
(2) Running losses resulting from a simulated trip performed on a chassis dynamometer, measured by the enclosure or point-source technique (see § 86.134; this test is not required for gaseous-fueled vehicles); and
(3) Hot soak emissions, which result when the vehicle is parked and the hot engine is turned off, measured by the enclosure technique (see § 86.138).
(e) Fuel spitback emissions occur when a vehicle's fuel fill neck cannot accommodate dispensing rates. The vehicle test for spitback consists of a short drive followed immediately by a complete refueling event. This test is not required for gaseous-fueled vehicles.
(f) Except in cases of component malfunction or failure, all emission control systems installed on or incorporated in a new motor vehicle shall be functioning during all procedures in this subpart. Maintenance to correct component malfunction or failure shall be authorized in accordance with § 86.090-25.
(g) Background concentrations are measured for all species for which emissions measurements are made. For exhaust testing, this requires sampling and analysis of the dilution air. For evaporative testing, this requires measuring initial concentrations. (When testing methanol-fueled vehicles, manufacturers may choose not to measure background concentrations of methanol and/or formaldehyde, and then assume that the concentrations are zero during calculations.)
Section 86.128-00 includes text that specifies requirements that differ from § 86.128-79. Where a paragraph in § 86.128-79 is identical and applicable to
(a)-(c) [Reserved]. For guidance see § 86.128-79.
(d) The vehicle shall be driven with appropriate accelerator pedal movement necessary to achieve the speed versus time relationship prescribed by the driving schedule. Both smoothing of speed variations and excessive accelerator pedal perturbations are to be avoided.
(e)-(h) [Reserved]. For guidance see § 86.128-79.
(a) All test conditions, except as noted, shall be run according to the manufacturer's recommendations to the ultimate purchaser,
(b) Vehicles equipped with free wheeling or overdrive, except as noted, shall be tested with these features operated according to the manufacturer's recommendations to the ultimate purchaser.
(c) Idle modes less than one minute in length shall be run with automatic transmissions in “Drive” and the wheels braked; manual transmissions shall be in gear with the clutch disengaged, except for the first idle mode (see §§ 86.134, 86.136, and 86.137). The first idle mode and idle modes longer than one minute in length may be run with automatic transmissions in “Neutral;” manual transmissions may be in “Neutral” with the clutch engaged (clutch may be disengaged for engine start-up). If an automatic transmission is in “Neutral” during an idle mode, it shall be placed in “Drive” with the wheels braked at least 5 seconds before the end of the idle mode. If a manual transmission is in “Neutral” during an idle mode, it shall be placed in gear with the clutch disengaged at least 5 seconds before the end of the idle mode.
(d) The vehicle shall be driven with minimum accelerator pedal movement to maintain the desired speed.
(e) Accelerations shall be driven smoothly following representative shift speeds and procedures. For manual transmissions, the operator shall release the accelerator pedal during each shift and accomplish the shift with minimum time. If the vehicle cannot accelerate at the specified rate, the vehicle shall be operated at maximum available power until the vehicle speed reaches the value prescribed for that time in the driving schedule.
(f) The deceleration modes shall be run in gear using brakes or accelerator pedal as necessary to maintain the desired speed. Manual transmission vehicles shall have the clutch engaged and shall not change gears from the previous mode. For those modes which decelerate to zero, manual transmission clutches shall be depressed when the speed drops below 15 mph (24.1 km/h), when engine roughness is evident, or when engine stalling is imminent.
(g)(1) In the case of test vehicles equipped with manual transmissions, the transmission shall be shifted in accordance with procedures which are representative of shift patterns that may reasonably be expected to be followed by vehicles in use, in terms of such variables as vehicle speed or percent rated engine speed. At the Administrator's discretion, a test vehicle may also be shifted according to the shift procedures recommended by the manufacturer to the ultimate purchaser, if such procedures differ from those which are reasonably expected to be followed by vehicles in use.
(2) A manufacturer may recommend to the ultimate purchaser shift procedures other than those used in testing by the EPA, Provided that: All shift procedures (including multiple shift speeds) which the manufacturer proposes to supply to the ultimate purchaser are provided to the Administrator as part of the manufacturer's application for certification, or as an amendment to such application, under § 86.079-32, § 86.079-33, § 86.082-34, or § 86.1844-01 as applicable.
(h) Downshifting is allowed at the beginning of or during a power mode in
(a) [Reserved]. For guidance see § 86.129-94.
(b)-(c) [Reserved]. For guidance see § 86.129-80.
(d) [Reserved]. For guidance see § 86.129-94.
(e)(1) For each test vehicle from an engine family required to comply with SFTP requirements, the manufacturer shall supply representative road load forces for the vehicle at speeds between 15 km/hr (9.3 mph) and 115 km/hr (71.5 mph). The road load force shall represent vehicle operation on a smooth level road, during calm winds, with no precipitation, at an ambient temperature of 20 °C (68 °F), and atmospheric pressure of 98.21 kPa. Road load force for low speed may be extrapolated. Manufacturers may, at their option, use road load forces meeting the objectives of paragraph (f) of this section for any vehicle.
(2) The dynamometer's power absorption shall be set for each vehicle's emission test sequence such that the force imposed during dynamometer operation matches actual road load force at all speeds.
(3) The 10 percent adjustment in road load power for air conditioning discussed in § 86.129-80(b)(3), is not applicable when road load forces are determined for dynamometer testing using paragraphs (e)(1) and (e)(2) of this section.
(f)(1) Required test dynamometer inertia weight class selections for the test elements of FTP, US06, and SC03 are determined by the test vehicles test weight basis and corresponding equivalent weight as listed in the tabular information of § 86.129-94(a). With the exception of the fuel economy test weight information in footnote 4 to the table in § 86.129-94(a), none of the other footnotes to the tabular listing apply to emission tests utilizing an approved single roll dynamometer or equivalent dynamometer configuration. All light-duty vehicles and light light-duty trucks are to be tested at the inertia weight class corresponding to their equivalent test weight.
(i) For light-duty vehicles and light light-duty trucks, test weight basis is loaded vehicle weight, which is the vehicle weight plus 300 pounds.
(ii) For heavy light-duty trucks, the definition of test weight basis varies depending on the SFTP test element being tested.
(A) For the aggressive driving cycle (US06), the test weight basis is the vehicle curb weight plus 300 pounds.
(B) For the FTP and the air conditioning (SC03) element of the SFTP, the test weight is the average of the curb weight plus GVWR.
(C) Regardless of other requirements in this section relating to the testing of HLDTs, for Tier 2 HLDTs, the test weight basis for FTP and SFTP testing (both US06 and SC03), if applicable, is the vehicle curb weight plus 300 pounds. For MDPVs certified to standards in bin 11 in Tables S04-1 and 2 in § 86.1811-04, the test weight basis must be adjusted loaded vehicle weight (ALVW) as defined in this part.
(2) Dynamic inertia load adjustments may be made to the test inertia weight
(i) The manufacturer submits a request to the Administrator; and
(ii) The manufacturer provides the dynamometer hardware and/or software necessary for these adjustments to the Administrator.
At 64 FR 23921, May 4, 1999, § 86.129-00 was amended by revising footnote 4 to the table in paragraph (a) and by revising paragraph (d)(1)(iv). Since both paragraphs (a) and (d) of § 86.129-00 are reserved and contain no text, these amendments could not be made. For the convenience of the user, the revised text is set forth as follows:
(a) * * *
(d) * * *
(1) * * *
(iv) Small-volume manufacturers, as defined in § 86.094-14(b)(1) or § 86.1838-01 as applicable, may use an alternate method for generating fuel temperature profiles, subject to the approval of the Administrator.
(a) Flywheels, electrical or other means of simulating test weight as shown in the following table shall be used. If the equivalent test weight specified is not available on the dynamometer being used, the next higher equivalent test weight (not to exceed 250 pounds) available shall be used.
(b)
(2) The road load power listed in the table above shall be used or the vehicle manufacturer may determine the road load power by an alternate procedure requested by the manufacturer and approved in advance by the Administrator.
(3) Where it is expected that more than 33 percent of a car line within an engine-system combination will be equipped with air conditioning per § 86.080-24(g)(2), the road load power listed above or as determined in paragraph (b)(2) of this section shall be increased by 10 percent, up to a maximum increase of 1.4 horsepower, for testing all test vehicies representing that car line within that engine-system combination if those vehicles are intended to be offered with air conditioning in production. The above increase for air conditioning shall be added prior to rounding off as instructed by notes 2 and 3 of the table.
(c)
(2) The dynamometer road load setting is determined from the equivalent test weight, the reference frontal area, the body shape, the vehicle protuberances, and the tire type by the following equations.
(i) For light-duty vehicles to be tested on a twin roll dynamometer.
A vehicle is considered to have a fastback shape if the rearward projection of that portion of the rear surface (
The protuberance frontal area,
(ii) The dynamometer power absorber setting for light-duty vehicles shall be rounded to the nearest 0.1 horsepower.
(iii) For light-duty vehicles to be tested on a single, large roll dynamometer.
(3) The road load power calculated above shall be used or the vehicle manufacturer may determine the road load power by an alternate procedure requested by the manufacturer and approved in advance by the Administrator.
(4) Where it is expected that more than 33 percent of a car line within an engine-system combination will be equipped with air conditioning, per § 86.080-24(g)(2), the road load power as determined in paragraph (c) (2) or (3) of this section shall be increased by 10 percent up to a maximum increment of 1.4 horsepower, for testing all test vehicles of that car line within that engine-system combination if those vehicles are intended to be offered with air conditioning in production. This power increment shall be added to the indicated dynamometer power absorption setting prior to rounding off this value.
Section 86.129-94 includes text that specifies requirements that differ from § 86.129-80. Where a paragraph in § 86.129-80 is identical and applicable to § 86.129-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.129-80.” Where a corresponding paragraph of § 86.129-80 is not applicable, this is indicated by the statement “[Reserved].”
(a) Flywheels, electrical, or other means of simulating test weight as shown in the following table shall be used. If the equivalent test weight specified is not available on the dynamometer being used, the next higher equivalent test weight (not to exceed 250 pounds) available shall be used:
(b)-(c) [Reserved]. For guidance see § 86.129-80.
(d)
(ii) If a manufacturer uses a vehicle model to develop a profile to represent multiple models, the vehicle model selected must have the greatest expected fuel temperature increase during driving of all those models it represents. Also, manufacturers must select test vehicles with any available vehicle options that increase fuel temperatures during driving (for example, any feature that limits underbody airflow).
(iii) Manufacturers may conduct testing to develop fuel temperature profiles in a laboratory setting, subject to approval by the Administrator. The laboratory facility should simulate outdoor testing to reproduce fuel and vapor temperature behavior over the specified driving schedule. The design of the laboratory facility should include consideration of any parameters that may affect fuel temperatures, such as solar loading, pavement heat, and relative wind velocities around and underneath the test vehicle. Indoor testing to develop the fuel temperature profiles must be conducted with little or no vehicle-specific adjustment of laboratory parameters. Manufacturers would need to maintain an ongoing demonstration of correlation between laboratory and outdoor measurement of fuel temperatures. Specifically, fuel temperatures and pressures from indoor driving should be at least as high as measured when driving outdoors according to the procedures described in this section.
(iv) Small-volume manufacturers, as defined in § 86.094-14(b)(1), may use an alternate method for generating fuel temperature profiles, subject to the approval of the Administrator.
(v) The Administrator may conduct testing to establish any vehicle's temperature profiles or to verify compliance with fuel tank pressure requirements.
(2)
(ii) A computer, data logger, or strip chart data recorder shall record the
(A) Desired speed;
(B) Actual speed;
(C) Instantaneous average liquid fuel temperature (T
(D) Vapor space pressure (the Administrator may omit measurement of fuel tank pressure).
(iii) The data recording system described in paragraph (d)(2)(ii) of this section shall be capable of resolving time to ±1 s, capable of resolving temperature to ±2 °F, capable of resolving pressure to ±1.0 inch of water, and capable of resolving speed to ±1 mph. The temperature and pressure signals shall be recorded at intervals of up to 1 minute; speed signals shall be recorded at intervals of up to 1 second.
(3)
(i) Starting ambient temperature (T
(ii) Wind conditions shall be calm to light with maximum wind speed of 15 mph. In the case of temporary gusting, wind speeds between 15 and 25 mph may occur for up to 5 percent of the total driving time without invalidating the data collection. Wind speed shall be measured and recorded in regular intervals of at least once per minute. Measure wind speed with the following requirements (based on
(iii) Road surface temperature shall be at least 125 °F throughout the driving period. Pavement temperature shall be measured and recorded in regular intervals of at least once per minute. The track temperature may be measured with an embedded sensor, a portable temperature probe, or an infrared pyrometer that can provide an accuracy of ±2 °F. Temperatures must be measured on a surface representative of the surface where the vehicle is driven.
(iv) Conditions shall be sunny or mostly sunny with a maximum cloud cover of 25 percent.
(v) Reported cloud cover, wind speed, and ambient temperature should be consistent with that reported by the nearest weather station; the Administrator may request justification of any discrepancy.
(4)
(ii) The vehicle shall be moved to the location where the data is to be collected. It may be driven a maximum distance of 5 miles and may also be
(A) The vehicle shall be parked for a minimum of 12 hours in an open area on a surface that is representative of the test road, without any artificial heating or cooling of the fuel. The orientation of the front of the vehicle during parking (e.g., N, SW, etc.) shall be documented.
(B) The vehicle may be soaked in a temperature-controlled environment to stabilize fuel temperatures. Before starting the drive, the vehicle shall be stabilized with fuel temperatures 95 ±3 °F for at least one hour. The fuel temperature may not exceed 98 °F at any time before the beginning of the driving schedule, during which only whole-vehicle heating and cooling may be used to control fuel temperatures. If a manufacturer uses the provisions of paragraph (d)(7)(v) of this section to establish a lower initial fuel temperature for the running loss test, the fuel in the test vehicle may not be stabilized at a temperature higher than the newly established initial fuel temperature.
(iii) Once the ambient conditions specified in paragraph (d)(3) of this section are met and the vehicle has been stabilized according to paragraph (d)(4)(ii) of this section, the vehicle's engine may be started. The vehicle's air conditioning system (if so equipped) shall be set to the “normal” air conditioning mode and adjusted to the minimum discharge air temperature and high fan speed. Vehicles equipped with automatic temperature controlled air conditioning systems shall be set to operate in “automatic” temperature and fan modes with the system set at 72 °F.
(iv) The vehicle may be operated at minimum throttle for a period up to 60 seconds prior to the start of the driving schedule, as necessary to move from the parking location onto the road surface. The driver's aid shall be started and the vehicle operated over the driving cycle specified in § 86.134-96(b) with the transmission operated in the same manner as specified in § 86.128-79. The data recording system shall provide a record of the required parameters over the entire period of driving.
(5)
(i) Date and time of vehicle fueling;
(ii) Odometer reading at vehicle fueling;
(iii) Date and time vehicle was parked, parking location and orientation;
(iv) Odometer reading at parking;
(v) Date and time engine was started;
(vi) Time of initiation of first UDDS;
(vii) Time of completion of the driving cycle;
(viii) Ambient temperatures throughout the period of driving (T
(ix) Wind speed throughout the period of driving;
(x) Track surface temperatures throughout the period of driving cycle (T
(xi) Percent cloud cover during the period of driving; and
(xii) Ambient temperature, wind speed, and percent cloud cover reported by the nearest weather station for the time corresponding most closely to the period of driving.
(6)
(7)
(A) T
(
(
(B) T
(C) T
(D) W
(ii) Failure to comply with any of these requirements shall result in invalidation of the data and require that the procedure be repeated, beginning with the fuel drain at paragraph (d)(4)(i) of this section.
(iii) If all these requirements are met, the following calculations shall be performed to determine a profile for liquid fuel temperatures and, if applicable, for vapor temperatures:
(A) Ti,
(B) T
(C) T
(iv) The relative temperature profile consists of the set of temperatures at each 1-minute interval. If temperatures are sampled more frequently than once per minute, the temperature data points may represent a rolling average of temperatures sampled for up to one-minute intervals. If multiple valid test runs are conducted for any model, then all the collected data shall be used to calculate a composite profile, based on the average temperatures at each point. The absolute temperature profile is determined by adding 95 °F (35 °C) to each point of the relative profile. Other methodologies for developing corrected liquid fuel and vapor space temperature profiles may be used if demonstrated to yield equivalent results and approved in advance by the Administrator.
(v) Manufacturers may use a lower initial fuel temperature for the running loss test, if approved in advance by the Administrator. To demonstrate the need for such an adjustment, manufacturers would be expected to determine the maximum fuel temperature experienced by a vehicle during an extended park or after driving one UDDS cycle when exposed to the ambient conditions described in paragraph (d)(3) of this section. To use this provision, manufacturers would have to show maximum fuel temperatures no greater than 92 °F.
(a)-(d) [Reserved]. For guidance see § 86.130-96.
(e) The supplemental tests for exhaust emissions related to aggressive driving (US06) and air conditioning (SC03) use are conducted as stand-alone tests as described in §§ 86.158-00, 86.159-00, and 86.160-00. These tests may be performed in any sequence that maintains the appropriate preconditioning requirements for these tests as specified in § 86.132-00.
(f) If tests are invalidated after collection of emission data from previous test segments, the test may be repeated to collect only those data points needed to complete emission measurements. Compliance with emission standards may be determined by combining emission measurements from different test runs. If any emission measurements are repeated, the new measurements supersede previous values.
(a)(1)
(2)
(b) The vehicle test for fuel spitback during fuel dispensing is conducted as a stand-alone test (see § 86.146). This test is not required for gaseous-fueled vehicles.
(c) Ambient temperature levels encountered by the test vehicle shall be not less than 68 °F nor more than 86 °F, unless otherwise specified. If a different ambient temperature is specified for soaking the vehicle, the soak period may be interrupted once for up to 10 minutes to transport the vehicle from one soak area to another, provided the ambient temperature experienced by the vehicle is never below 68 °F. The temperatures monitored during testing must be representative of those experienced by the test vehicle.
(d) The vehicle shall be approximately level during all phases of the test sequence to prevent abnormal fuel distribution.
(e) If tests are invalidated after collection of emission data from previous test segments, the test may be repeated to collect only those data points needed to complete emission measurements. Compliance with emission standards may be determined by combining emission measurements from different test runs. If any emission measurements are repeated, the new measurements supersede previous values.
Section 86.131-00 includes text that specifies requirements that differ from § 86.131-96. Where a paragraph in § 86.131-96 is identical and applicable to § 86.131-00, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.131-96.”
(a)-(e) [Reserved]. For guidance see § 86.131-96.
(f) For vehicles to be tested for aggressive driving emissions (US06), provide a throttle position sensing signal that is compatible with the test dynamometer. This signal provides the input information that controls dynamometer dynamic inertia weight adjustments (see §§ 86.108-00(b)(2)(ii) and 86.129-00(f)(2)). If a manufacturer chooses not to implement dynamic inertia adjustments for a portion or all of their product line, this requirement is not applicable.
(a) For gasoline- and methanol-fueled vehicles prepare the fuel tank(s) for recording the temperature of the prescribed test fuel, as described in § 86.107-96(e).
(b) Provide additional fittings and adapters, as required, to accommodate a fuel drain at the lowest point possible in the tank(s) as installed on the vehicle.
(c) For preconditioning that involves loading the evaporative emission canister(s) with butane, provide valving or other means as necessary to allow purging and loading of the canister(s).
(d) For vehicles to be tested for running loss emissions, prepare the fuel tank(s) for measuring and recording the temperature and pressure of the fuel tank as specified in § 86.107-96 (e) and (f). Measurement of vapor temperature is optional during the running loss test. If vapor temperature is not measured, fuel tank pressure need not be measured.
(e) For vehicles to be tested for running loss emissions, prepare the exhaust system by sealing or plugging all detectable sources of exhaust gas leaks. The exhaust system shall be tested or inspected to ensure that detectable exhaust hydrocarbons are not emitted into the running loss enclosure during the running loss test.
(a)-(c)(1) [Reserved]. For guidance see § 86.132-96.
(c)(2)(i) Once a test vehicle has completed the refueling and vehicle soak steps specified in § 86.132-96 (b) and (c)(1), these steps may be omitted in subsequent testing with the same vehicle and the same fuel specifications, provided the vehicle remains under laboratory ambient temperature conditions for at least 6 hours before starting the next test. In such cases, each subsequent test shall begin with the preconditioning drive specified in § 86.132-96(c)(1). The test vehicle may not be used to set dynamometer horsepower.
(ii) The SFTP test elements of aggressive driving (US06) and air conditioning (SC03) can be run immediately or up to 72 hours after the official FTP and/or evaporative test sequence without refueling provided the vehicle has remained under laboratory ambient temperature conditions. If the time interval exceeds 72 hours or the vehicle leaves the ambient temperature conditions of the laboratory, the manufacturer must repeat the refueling operation.
(d)-(m) [Reserved]. For guidance see § 86.132-96.
(n)
(i) If the soak period since the last exhaust test element is less than or equal to two hours, preconditioning may consist of a 505, 866, highway, US06, or SC03 test cycles.
(ii) If the soak period since the last exhaust test element is greater than two hours, preconditioning consists of one full Urban Dynamometer Driving Cycle. Manufacturers, at their option, may elect to use the preconditioning in paragraph (n)(1)(i) of this section when the soak period exceeds two hours.
(iii) If a manufacturer has concerns about fuel effects on adaptive memory systems, a manufacturer may precondition a test vehicle on test fuel and the US06 cycle. Upon request from a manufacturer, the administrator will also perform the preconditioning with the US06 cycle.
(iv) The preconditioning cycles for the US06 test schedule are conducted at the same ambient test conditions as the certification US06 test.
(2) Following the preconditioning specified in paragraphs (n)(1)(i), (ii), and (iii) of this section, the test vehicle is returned to idle for one to two minutes before the start of the official US06 test cycle.
(o)
(i) If the soak period since the last exhaust test element is less than or equal to two hours, preconditioning may consist of a 505, 866, or SC03 test cycles.
(ii) If the soak period since the last exhaust test element is greater than two hours, preconditioning consists of one full Urban Dynamometer Driving Cycle. Manufacturers, at their option, may elect to use the preconditioning in paragraph (o)(1)(i) of this section when the soak period exceeds two hours.
(2) Following the preconditioning specified in paragraphs (o)(1)(i) and (ii) of this section, the test vehicle is turned off, the vehicle cooling fan(s) is turned off, and the vehicle is allowed to soak for 10 minutes prior to the start of the official SC03 test cycle.
(3) The preconditioning cycles for the SC03 air conditioning test and the 10 minute soak are conducted at the same ambient test conditions as the SC03 certification air conditioning test.
(a) Fuel tank cap(s) of gasoline- and methanol-fueled vehicles shall be removed during any period that the vehicle is parked outdoors awaiting testing, to prevent unusual loading of the canisters. During this time care must be taken to prevent entry of water or other contaminants into the fuel tank. During storage in the test area while awaiting testing, the fuel tank cap(s) may be in place. The vehicle shall be moved into the test area and the following operations performed.
(b)(1)
(2)
(c)(1) Gasoline- and methanol-fueled vehicles shall be soaked for at least 6 hours after being refueled. Petroleum-fueled diesel vehicles and gaseous-fueled vehicles shall be soaked for at
(2) Once a test vehicle has completed the refueling and vehicle soak steps specified in paragraphs (b) and (c)(1) of this section, these steps may be omitted in subsequent testing with the same vehicle and the same fuel specifications, provided the vehicle remains under laboratory ambient temperature conditions for at least 6 hours before starting the next test. In such cases, each subsequent test shall begin with the preconditioning drive specified in this paragraph. The test vehicle may not be used to set dynamometer horsepower.
(d) For unusual circumstances where the need for additional preconditioning is demonstrated by the manufacturer, such preconditioning may be allowed with the advance approval of the Administrator.
(e) The Administrator may also choose to conduct or require to be conducted additional preconditioning to ensure that the evaporative emission control system is stabilized in the case of gasoline-fueled and methanol-fueled vehicles, or to ensure that the exhaust system is stabilized in the case of petroleum- and methanol-fueled diesel vehicles. The preconditioning shall consist of one of the following:
(1)
(ii) In the case of repeat testing on a flexible-fueled vehicle, in which the test fuel is changed, the following preconditioning procedure shall be used. This additional preconditioning allows the vehicle to adapt to the new fuel before the next test run.
(A) Purge the vehicle's evaporative canister for 60 minutes at 0.8 cfm.
(B) Drain the fuel tank(s) and fill with 3 gallons of the test fuel.
(C) Start the vehicle and allow it to idle for 1 minute.
(D) Drain the fuel tank(s) and fill with the new test fuel to the “tank fuel volume” defined in § 86.082-2. The average temperature of the dispensed fuel shall be less than 60 °F.
(E) Conduct a heat build according to the procedure specified in § 86.133-90.
(F) The vehicle shall be placed, either by being driven or pushed, on a dynamometer and operated through one UDDS, specified in § 86.115 and appendix I of this part.
(G) Following the dynamometer drive, the vehicle shall be turned off for 5 minutes, then restarted and allowed to idle for 1 minute. The vehicle shall then be turned off for 1 minute, and allowed to idle again for 1 minute.
(H) After the vehicle is turned off the last time, it may be tested for evaporative and exhaust emissions, starting with paragraph (a) of this section.
(2)
(i) An initial one hour minimum soak and, one, two, or three driving cycles of the UDDS, as described in paragraph (c) of this section, each followed by a soak of at least one hour with engine off, engine compartment cover closed and cooling fan off. The vehicle may be driven off the dynamometer following each UDDS for the soak period; or
(ii) For abnormally treated vehicles, as defined in § 86.085-2 or § 86.1803-01 as applicable, two Highway Fuel Economy Driving Schedules, found in 40 CFR part 600, appendix I, run in immediate succession, with the road load power set at twice the value obtained from § 86.129-80.
(f)(1)
(2)
(3)
(g) The vehicle shall be soaked for not less than 12 hours nor more than 36 hours between the end of the refueling event and the beginning of the cold start exhaust emission test.
(h) During the soak period for the three-diurnal test sequence described in § 86.130-96, evaporative canisters, if the vehicle is so equipped, shall be preconditioned according to the following procedure. For vehicles with multiple canisters in a series configuration, the set of canisters must be preconditioned as a unit. For vehicles with multiple canisters in a parallel configuration, each canister must be preconditioned separately. If production evaporative canisters are equipped with a functional service port designed for vapor load or purge steps, the service port shall be used during testing to precondition the canister. In addition, for model year 1998 and later vehicles equipped with refueling canisters, these canisters shall be preconditioned for the three-diurnal test sequence according to the procedure in paragraph (j)(1) of this section. If a vehicle is designed to actively control evaporative or refueling emissions without a canister, the manufacturer shall devise an appropriate preconditioning procedure, subject to the approval of the Administrator.
(1)(i) Prepare the evaporative emission canister for the canister purging and loading operation. The canister shall not be removed from the vehicle, unless access to the canister in its normal location is so restricted that purging and loading can only reasonably be accomplished by removing the canister from the vehicle. Special care shall be taken during this step to avoid damage to the components and the integrity of the fuel system. A replacement canister may be temporarily installed during the soak period while the canister from the test vehicle is preconditioned.
(ii) The canister purge shall be performed with ambient air of humidity controlled to 50±25 grains per pound of dry air. This may be accomplished by purging the canister in a room that is conditioned to this level of absolute humidity. The flow rate of the purge air shall be maintained at a nominal flow rate of 0.8 cfm and the duration shall be determined to provide a total purge volume flow through the canister equivalent to 300 canister bed volume exchanges. The bed volume is based on the volume of adsorbing material in the canister.
(iii) The evaporative emission canister shall then be loaded by sending to the canister an amount of commercial grade butane vapors equivalent to 1.5 times its nominal working capacity. The canister shall be loaded with a mixture composed of 50 percent butane and 50 percent nitrogen by volume at a rate of 15±2 grams butane per hour. If the canister loading at that rate takes longer than 12 hours, a manufacturer may determine a new rate, based on completing the canister loading in no less than 12 hours. The new rate may be used for all subsequent canister loading according to paragraph (h) of this section. The time of initiation and completion of the canister loading shall be recorded.
(iv) The determination of a canister's nominal working capacity shall be based on the average capacity of no less than five canisters that are in a stabilized condition.
(A) For stabilization, each canister must be loaded no less than 10 times and no more than 100 times to 2-gram breakthrough with a 50/50 mixture by volume of butane and nitrogen, at a rate of 15 grams butane per hour. Each canister loading step must be preceded by canister purging with 300 canister bed volume exchanges at 0.8 cfm.
(B) For determining working capacity, each canister must first be purged with 300 canister bed volume exchanges at 0.8 cfm. The working capacity of each canister shall be established by determining the mass of butane required to load the canister from the purged state so that it emits 2 grams of hydrocarbon vapor; the canister must be loaded with a 50/50 mixture by volume of butane and nitrogen, at a rate of 15 grams butane per hour.
(2) For methanol-fueled and flexible-fueled vehicles, canister preconditioning shall be performed with a fuel vapor composition representative of that which the vehicle would generate with the fuel mixture used for the current test. Manufacturers shall develop a procedure to precondition the evaporative canister, if the vehicle is so equipped, for the different fuel. The procedure shall represent a canister loading equivalent to that specified in paragraph (h)(1) of this section and shall be approved in advance by the Administrator.
(i) [Reserved]
(j) For the supplemental two-diurnal test sequence described in § 86.130-96, one of the following methods shall be used to precondition evaporative canisters during the soak period specified in paragraph (g) of this section. For vehicles with multiple canisters in a series configuration, the set of canisters must be preconditioned as a unit. For vehicles with multiple canisters in a parallel configuration, each canister must be preconditioned separately. In addition, for model year 1998 and later vehicles equipped with refueling canisters, these canisters shall be preconditioned for the supplemental two-diurnal test sequence according to the procedure in paragraph (j)(1) of this section. Canister emissions are measured to determine breakthrough. Breakthrough is here defined as the point at which the cumulative quantity of hydrocarbons emitted is equal to 2 grams.
(1)
(i) Prepare the evaporative/refueling emission canister for the canister loading operation. The canister shall not be removed from the vehicle, unless access to the canister in its normal location is so restricted that purging and loading can only reasonably be accomplished by removing the canister from the vehicle. Special care shall be taken during this step to avoid damage to the components and the integrity of the fuel system. A replacement canister may be temporarily installed during the soak period while the canister from the test vehicle is preconditioned.
(ii) The evaporative emission enclosure shall be purged for several minutes. Warning: If at any time the concentration of hydrocarbons, of methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately purged. This concentration provides at least a 4:1 safety factor against the lean flammability limit.
(iii) The FID hydrocarbon analyzer shall be zeroed and spanned immediately prior to the canister loading procedure.
(iv) If not already on, the evaporative enclosure mixing fan shall be turned on at this time.
(v) Place the vehicle in a sealed enclosure and measure emissions with a FID.
(vi)(A) For gasoline-fueled vehicles, load the canister with a mixture composed of 50 percent butane and 50 percent nitrogen by volume at a rate of 40 grams butane per hour.
(B) For methanol-fueled and flexible-fueled vehicles, canister preconditioning shall be performed with a fuel vapor composition representative of that which the vehicle would generate with the fuel mixture used for the current test. Manufacturers shall develop a procedure to precondition the evaporative canister, if the vehicle is so equipped, for the different fuel.
(vii) As soon as the canister reaches breakthrough, the vapor source shall be shut off.
(viii) Reconnect the evaporative/refueling emission canister and restore the vehicle to its normal operating condition.
(2)
(i) The evaporative emission enclosure shall be purged for several minutes.
(ii) The FID hydrocarbon analyzer shall be zeroed and spanned immediately prior to the diurnal heat builds.
(iii) If not already on, the evaporative enclosure mixing fan shall be turned on at this time.
(iv) The fuel tank(s) of the prepared vehicle shall be drained and filled with test fuel, as specified in § 86.113, to the “tank fuel volume” defined in § 86.082-2. The average temperature of the dispensed fuel shall be 60±12 °F (16±7 °C). The fuel tank cap(s) shall be installed within 1 minute after refueling.
(v) Within one hour of being refueled, the vehicle shall be placed, with the engine shut off, in the evaporative emission enclosure. The fuel tank temperature sensor shall be connected to the temperature recording system. A heat source, specified in § 86.107-90(a)(4), shall be properly positioned with respect to the fuel tank(s) and connected to the temperature controller.
(vi) The temperature recording system shall be started.
(vii) The fuel may be artificially heated to the starting diurnal temperature.
(viii) When the fuel temperature reaches at least 69 °F (21 °C), immediately: turn off purge blower (if not already off); close and seal enclosure doors; and initiate measurement of the hydrocarbon level in the enclosure.
(ix) When the fuel temperature reaches 72±2 °F (22±1 °C), start the diurnal heat build.
(x) The fuel shall be heated in such a way that its temperature change conforms to the following function to within ±4 °F (±3 °C):
(xi) As soon as breakthrough occurs or when the fuel temperature reaches 96 °F (36 °C), whichever occurs first, the heat source shall be turned off, the enclosure doors shall be unsealed and opened, and the vehicle fuel tank cap(s) shall be removed. If breakthrough has not occurred by the time the fuel temperature reaches 96 °F (36 °C), the heat source shall be removed from the vehicle, the vehicle shall be removed (with engine still off) from the evaporative emission enclosure and the entire procedure outlined in paragraph (j)(2) of this section shall be repeated until breakthrough occurs.
(xii) After breakthrough occurs, the fuel tank(s) of the prepared vehicle shall be drained and filled with test fuel, as specified in § 86.113, to the “tank fuel volume” defined in § 86.082-2. The fuel shall be stabilized to a temperature within 3 °F of the lab ambient before beginning the driving cycle for the exhaust emission test.
(k) The Administrator may conduct the vehicle preparation and preconditioning for measurement of fuel economy or exhaust emissions according to the procedures specified in §§ 86.132-90 and 86.133-90, in lieu of the procedures specified in this section.
(l) Vehicles to be tested for exhaust emissions only shall be processed according to §§ 86.135 through 86.137. Vehicles to be tested for evaporative emissions shall be processed in accordance with the procedures in §§ 86.133 through 86.138, starting with § 86.135.
(m) Vehicles to be tested for evaporative emissions with the supplemental two-diurnal test sequence described in § 86.130-96, shall proceed according to §§ 86.135 through 86.137, followed by the supplemental hot soak test (see § 86.138-96(k)) and the supplemental diurnal emission test (see § 86.133-96(p)).
(n) With prior approval of the Administrator, manufacturers may use an alternative canister loading method in lieu of the applicable canister loading method described in the provisions of paragraphs (h), (j)(1) and (j)(2) of this section, provided the alternative method is shown to be equivalent or result in a more fully loaded canister (a canister that has adsorbed an equal or greater amount of hydrocarbon vapors) than the applicable canister loading method required by the provisions of paragraphs (h), (j)(1) and (j)(2) of this section. Additionally, the Administrator may conduct confirmatory certification testing and in-use testing using the alternative canister loading method used by the manufacturer to test applicable certification and/or in-use vehicles or the appropriate method outlined in the provisions of paragraphs (h), (j)(1) and (j)(2) of this section.
(a)(1) The diurnal emission test for gasoline-, methanol- and gaseous-fueled vehicles consists of three 24-hour test cycles following the hot soak test. Emissions are measured for each 24-hour cycle, with the highest emission level used to determine compliance with the standards specified in subpart A of this part. The Administrator may truncate a test after any 24-hour cycle without affecting the validity of the collected data. Sampling of emissions from the running loss and hot soak tests is not required as preparation for the diurnal emission test. The diurnal emission test may be conducted as part of either the three- diurnal test sequence or the supplemental two-diurnal test sequence, as described in § 86.130-96.
(2) For the full three-diurnal test sequence, the diurnal emission test outlined in paragraphs (b) through (o) of this section follows the high-temperature hot soak test concluded in § 86.138-96(j).
(3) For the supplemental two-diurnal test sequence, the diurnal emission test outlined in paragraph (p) of this section follows the alternate hot soak test specified in § 86.138-96(k). This test is not required for gaseous-fueled vehicles.
(b) The test vehicle shall be soaked for not less than 6 hours nor more than 36 hours between the end of the hot soak test and the start of the diurnal emission test. For at least the last 6 hours of this period, the vehicle shall be soaked at 72°±3 °F. The temperature tolerance may be waived for up to 10 minutes to allow purging of the enclosure or transporting the vehicle into the enclosure at the beginning of the diurnal emission test.
(c) The test vehicle shall be exposed to ambient temperatures cycled according to the profile specified in § 86.133 and appendix II of this part.
(1) Temperatures measured with the underbody temperature sensor shall follow the profile with a maximum deviation of 3 °F at any time and an average temperature deviation not to exceed 2 °F, where the average deviation is calculated using the absolute value of each measured deviation. In addition, the temperature from the sidewall temperature sensors shall follow the profile with a maximum deviation of 5 °F at any time.
(2) Ambient temperatures shall be measured at least every minute. Temperature cycling shall begin when time=0 minutes, as specified in paragraph (i)(5) of this section.
(d) The diurnal enclosure shall be purged for several minutes prior to the test.
(e) The test vehicle, with the engine shut off and the test vehicle windows and luggage compartment(s) opened, shall be moved into the diurnal enclosure.
(f)-(g) [Reserved]
(h) Prior to sampling for emissions and throughout the period of cycled ambient temperatures, the mixing fan(s) shall circulate the air at a rate of 0.8±0.2 cfm per cubic foot of ambient volume. The mixing fan(s), plus any additional fans if needed, shall also maintain a minimum wind speed of 5 mph (8 km/hr) under the fuel tank of the test vehicle. The Administrator may adjust fan speed and location to ensure sufficient air circulation around the fuel tank. The wind speed requirement may be satisfied by consistently using a fan configuration that has been demonstrated to maintain a broad 5-mph air flow in the vicinity of the vehicle's fuel tank, subject to verification by the Administrator.
(i) Emission sampling may begin as follows:
(1) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned immediately prior to the sampling.
(2) Impingers charged with known volumes of pure deionized water shall be placed in the methanol sampling system (methanol-fueled vehicles only).
(3) Turn off purge blowers (if not already off).
(4) Close and seal enclosure doors (if not already closed and sealed).
(5) Within 10 minutes of closing and sealing the doors, analyze enclosure atmosphere for hydrocarbons and record. This is the initial (time=0 minutes) hydrocarbon concentration, C
(6) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the initial methanol concentration, C
(j) If testing indicates that a vehicle design may result in fuel temperature responses during enclosure testing that are not representative of in-use summertime conditions, the Administrator may adjust air circulation and temperature during the test as needed to ensure that the test sufficiently duplicates the vehicle's in-use experience.
(k) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned immediately prior to the end of each emission sampling period.
(l) Fresh impingers shall be installed in the methanol collection system immediately prior to the end of each emission measurement, if applicable.
(m) The end of the first, second, and third emission sampling period shall occur 1440±6, 2880±6, 4320±6 minutes, respectively, after the beginning of the initial sampling, as specified in paragraph (i)(5) of this section.
(1) At the end of each emission sampling period, analyze the enclosure atmosphere for hydrocarbons and record. This is the final hydrocarbon concentration, C
(2) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the final (time=1440 minutes) methanol concentration, C
(n) At the end of the temperature cycling period the enclosure doors shall be unsealed and opened, the test vehicle windows and luggage compartments may be closed and the test vehicle, with the engine shut off, shall be removed from the enclosure.
(o) This completes the full three-diurnal evaporative emission test sequence described in § 86.130-96.
(p) For the supplemental two-diurnal test sequence described in § 86.130-96, the following steps shall be performed in lieu of the steps described in paragraphs (b) through (n) of this section.
(1) For the supplemental two-diurnal test sequence, the test vehicle shall be soaked for not less than 6 hours nor more than 36 hours between the end of the hot soak test described in § 86.138-96(k), and the start of the two-diurnal emission test. For at least the last 6 hours of this period, the vehicle shall be soaked at 72±3 °F.
(2) The vehicle shall be tested for diurnal emissions according to the procedures specified in paragraphs (c) through (n) of this section, except that the test includes only two 24-hour periods. Therefore the end of the first and second emission sampling periods shall occur 1440±6 and 2880±6 minutes, respectively, after the initial sampling.
(3) This completes the supplemental two-diurnal test sequence for evaporative emission measurement.
(a)
(b)
(c)
(2) Provisions of § 86.135-90(c) shall apply.
(3) Practice runs over the prescribed driving schedule may not be performed at test point.
(4) Provisions of § 86.135-90 (e) and (f) shall apply.
(5) If the dynamometer horsepower must be adjusted manually, it shall be set within 1 hour prior to the running loss test phase. The test vehicle shall not be used to make this adjustment. Dynamometers using automatic control of preselectable power settings may be set any time prior to the beginning of the emissions test.
(6) Dynamometer roll or shaft revolutions shall be used to determine the actual driving distance for the running loss test, D
(7) Provisions of § 86.135-90(i) shall apply.
(8) The test run may be stopped if a warning light or gauge indicates that the vehicle's engine coolant has overheated.
(d)
(2) If the vehicle does not start after the manufacturer's recommended cranking time (or 10 continuous seconds in the absence of a manufacturer's recommendation), cranking shall cease for the period recommended by the manufacturer (or 10 seconds in the absence of a manufacturer's recommendation). This may be repeated for up to three start attempts. If the vehicle does not start after three attempts, the reason for failure to start shall be determined. If failure to start is an operational error, the vehicle shall be rescheduled for testing, starting with the soak period immediately preceding the running loss test.
(3) If failure to start is caused by a vehicle malfunction, corrective action of less than 30 minutes duration may be taken (according to § 86.090-25), and the test continued, provided that the ambient conditions to which the vehicle is exposed are maintained at 95±5 °F (35±3 °C). When the engine starts, the timing sequence of the driving schedule shall begin. If failure to start is caused by vehicle malfunction and the vehicle cannot be started, the test shall be voided, the vehicle removed from the dynamometer, and corrective action may be taken according to § 86.090-25. The reason for the malfunction (if determined) and the corrective action taken shall be reported to the Administrator.
(4) Provisions of § 86.136-90(e) shall apply.
(e)
(f)
(1) Fuel temperatures must be held at 95 ±3 °F for at least one hour before the start of the running loss test.
(2) If a vehicle's fuel temperature profile has an initial temperature lower than 95 °F, as described in § 86.129-94(d)(7)(v), the fuel in the test vehicle must be stabilized to within 3 °F of that temperature for at least one hour before the start of the running loss test.
(g)
(1)
(ii) The FID hydrocarbon analyzer shall be zeroed and spanned immediately prior to the test.
(iii) If not already on, the running loss enclosure mixing fan(s) shall be turned on at this time. Throughout the test, the mixing fan(s) shall circulate the air at a rate of at least 1.0 cfm per cubic foot of ambient volume.
(iv) The test vehicle, with the engine off, shall be moved onto the dynamometer in the running loss enclosure. The vehicle engine compartment cover shall be unlatched, but closed as much as possible, allowing for the air intake equipment specified in paragraph (g)(1)(vii) of this section. The vehicle
(v) Fans shall be positioned as described in §§ 86.107-96 (d) and (h).
(vi) The vehicle air conditioning system (if so equipped) shall be set to the “normal” air conditioning mode and adjusted to the minimum discharge air temperature and high fan speed. Vehicles equipped with automatic temperature controlled air conditioning systems shall be set to operate in “automatic” temperature and fan modes with the system set at 72 °F.
(vii) Connect the air intake equipment to the vehicle, if applicable. This connection shall be made to minimize leakage.
(viii) The temperature and pressure recording systems shall be started. Measurement of vapor temperature is optional during the running loss test. If vapor temperature is not measured, fuel tank pressure need not be measured.
(ix) Turn off purge blowers (if not already off).
(x) The temperature of the liquid fuel shall be monitored and recorded at least every 15 seconds with the temperature recording system specified in § 86.107-96(e).
(xi) Close and seal the enclosure doors.
(xii) When the ambient temperature is 95±5 °F (35±3 °C) and the fuel has been stabilized according to paragraph (f) of this section, the running loss test may begin. Measure the initial ambient temperature and pressure.
(A) Analyze enclosure atmosphere for hydrocarbons and record. This is the initial (time=0 minutes) hydrocarbon concentration, C
(B) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the initial (time=0 minutes) methanol concentration, C
(xiii) Start the engine and begin operation of the vehicle over the drive cycle specified in paragraph (b) of this section.
(xiv) The ambient temperature shall be maintained at 95±5 °F (95±2 °F on average) during the running loss test, measured at the inlet to the cooling fan in front of the vehicle; it shall be recorded at least every 60 seconds.
(xv) The fuel temperature during the dynamometer drive shall be controlled to match the fuel tank temperature profile determined in § 86.129. Measured fuel temperatures must be within ±3 °F of the target profile throughout the test run. Vapor temperatures, if measured, must be within ±5 °F of the target profile during the first 4186 seconds of the running loss test, and within ±3 °F for the remaining 120 seconds of the test run. For any vehicle complying with the test standards, vapor temperatures may be higher than the specified tolerances without invalidating test results. For testing by the Administrator, vapor temperatures may be lower than the specified tolerances without invalidating test results. If the test vehicle has more than one fuel tank, the temperatures for both fuel tanks shall follow the target profiles determined in § 86.129. The control system shall be tuned and operated to provide smooth and continuous tank temperature profiles that are representative of the on-road profiles.
(xvi) Tank pressure shall not exceed 10 inches of water at any time during the running loss test unless a pressurized system is used and the manufacturer demonstrates that vapor would not be vented to the atmosphere upon fuel cap removal. A vehicle may exceed
(xvii) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned immediately prior the end of the test.
(xviii) Fresh impingers shall be installed in the methanol collection system immediately prior to the end of the test, if applicable.
(xix) The running loss test ends with the completion of the third 2-minute idle period.
(xx) At the end of the running loss test:
(A) Analyze the enclosure atmosphere for hydrocarbons and record. This is the final hydrocarbon concentration, C
(B) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start prior to the end of the test and continue for 4.0±0.5 minutes. The methanol sampling must be completed within 2 minutes after the end of the running loss test. This is the final methanol concentration, C
(C) Turn off all the fans specified in § 86.107-96(d). Also, the time that the vehicle's engine compartment cover is open for removal of air intake equipment, if applicable, shall be minimized to avoid loss of heat from the engine compartment.
(xxi) Turn off any CVS apparatus (if not already turned off).
(2)
(ii) Fans shall be positioned as described in §§ 86.135-90(b) and 86.107-96(d).
(iii) The running loss vapor vent collection system shall be properly positioned at the potential fuel vapor vents or leaks of the vehicle's fuel system. Typical vapor vents for current fuel systems are the ports of the evaporative emission canister and the pressure relief vent of the fuel tank (typically integrated into the fuel tank cap).
(iv) The running loss vapor vent collection system may be connected to a PDP-CVS or CFV-CVS bag collection system. Otherwise, running loss vapors shall be sampled continuously with analyzers meeting the requirements of § 86.107-96(b).
(v) Fans shall be positioned as described in § 86.107-96(d).
(vi) The vehicle air conditioning system (if so equipped) shall be set to the “normal” air conditioning mode and adjusted to the minimum discharge air temperature and high fan speed. Vehicles equipped with automatic temperature controlled air conditioning systems shall be set to operate in “automatic” temperature and fan modes with the system set at 72 °F.
(vii) The temperature and pressure recording systems shall be started. Measurement of vapor temperature is optional during the running loss test. If vapor temperature is not measured, fuel tank pressure need not be measured.
(viii) The temperature of the liquid fuel shall be monitored and recorded at least every 15 seconds with the temperature recording system specified in § 86.107-96(e).
(ix) When the ambient temperature is 95±5 °F (35±3 °C) and the fuel tank temperature is 95±3 °F the running loss test may begin.
(x) The ambient temperature shall be maintained at 95±5 °F (95±2 °F on average) during the running loss test, measured at the inlet to the cooling fan in front of the vehicle; it shall be recorded at least every 60 seconds.
(xi) Fuel temperatures shall be controlled according to the specifications of paragraph (g)(1)(xv) of this section.
(xii) The tank pressure requirements described in paragraph (g)(1)(xvi) of this section apply also to running loss testing by the point source method.
(xiii) The running loss test ends with completion of the third 2-minute idle period.
(xiv) If emissions are collected in bags, the sample bags must be analyzed within 20 minutes of their respective sample collection phases, as described in § 86.137-94(b)(15). The results of the analysis are used in § 86.143 to calculate the mass of hydrocarbons emitted.
(xv) At the end of the running loss test, turn off all the fans specified in § 86.107-96(d).
(3) With prior approval of the Administrator, manufacturers may use an alternative running loss test procedure, provided the alternative test procedure is shown to yield equivalent or superior emission results (in terms of quality control, accuracy and repeatability) for the running loss, hot soak and diurnal portions of the three diurnal-plus-hot-soak test sequence. Additionally, the Administrator may conduct certification and in-use testing using the test procedures outlined in paragraph (g)(1) of this section, paragraph (g)(2) of this section or the alternative running loss test procedure as approved for a specific vehicle.
(h) Following the completion of the running loss drive, the vehicle may be tested for hot soak emissions as specified in § 86.138-96.
Section 86.135-00 includes text that specifies requirements that differ from § 86.135-90 and § 86.135-94. Where a paragraph in § 86.135-90 or § 86.135-94 is identical and applicable to § 86.135-00, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.135-90.” or “[Reserved]. For guidance see § 86.135-94.”
(a) [Reserved]. For guidance see § 86.135-94.
(b)-(c) [Reserved]. For guidance see § 86.135-90.
(d) Practice runs over the prescribed driving schedule may be performed at test point, provided an emission sample is not taken, for the purpose of finding the appropriate throttle action to maintain the proper speed-time relationship, or to permit sampling system adjustment. Both smoothing of speed variations and excessive accelerator pedal perturbations are to be avoided. When using two-roll dynamometers a truer speed-time trace may be obtained by minimizing the rocking of the vehicle in the rolls; the rocking of the vehicle changes the tire rolling radius on each roll. This rocking may be minimized by restraining the vehicle horizontally (or nearly so) by using a cable and winch.
(e)-(i) [Reserved]. For guidance see § 86.135-90.
(a)
(2)
(b) During dynamometer operation, a fixed speed cooling fan shall be positioned so as to direct cooling air to the vehicle in an appropriate manner with the engine compartment cover open. In the case of vehicles with front engine compartments, the fan shall be squarely positioned within 12 inches (30.5 centimeters) of the vehicle. In the case of vehicles with rear engine compartments (or if special designs make the above impractical), the cooling fan shall be placed in a position to provide sufficient air to maintain vehicle cooling. The fan capacity shall normally not exceed 5300 cfm (2.50 m
(c) The vehicle speed as measured from the dynamometer rolls shall be used. A speed
(d) Practice runs over the prescribed driving schedule may be performed at test point, provided an emission sample is not taken, for the purpose of finding the minimum throttle action to maintain the proper speed-time relationship, or to permit sampling system adjustment.
When using two-roll dynamometers a truer speed-time trace may be obtained by minimizing the rocking of the vehicle in the rolls; the rocking of the vehicle changes the tire rolling radius on each roll. This rocking may be minimized by restraining the vehicle horizontally (or nearly so) by using a cable and winch.
(e) The drive wheel tires may be inflated up to a gauge pressure of 45 psi (310 kPa) in order to prevent tire damage. The drive wheel tire pressure shall be reported with the test results.
(f) lf the dynamometer has not been operated during the 2-hour period immediately preceding the test, it shall be warmed up for 15 minutes by operating at 30 mph (48 kph) using a non-test vehicle or as recommended by the dynamometer manufacturer.
(g) If the dynamometer horsepower must be adjusted manually, it shall be set within 1 hour prior to the exhaust emissions test phase. The test vehicle
(h) The driving distance, as measured by counting the number of dynamometer roll or shaft revolutions, shall be determined for the transient cold start, stabilized cold start, and transient hot start phases of the test. The revolutions shall be measured on the same roll or shaft used for measuring the vehicle's speed.
(i) Four-wheel drive and all-wheel drive vehicles may be tested either in a four-wheel drive or a two-wheel drive mode of operation. In order to test in the two-wheel drive mode, four-wheel drive and all-wheel drive vehicles may have one set of drive wheels disengaged; four-wheel and all-wheel drive vehicles which can be shifted to a two-wheel mode by the driver may be tested in a two-wheel drive mode of operation.
Section 86.135-94 includes text that specifies requirements that differ from § 86.135-90. Where a paragraph in § 86.135-90 is identical and applicable to § 86.135-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.135-90.” Where a corresponding paragraph of § 86.135-90 is not applicable, this is indicated by the statement “[Reserved].”
(a)
(b)-(i) [Reserved]. For guidance see § 86.135-90.
(a)
(1) The engine shall be started according to the manufacturer's recommended starting procedures in the owner's manual. The initial 20-second idle period shall begin when the engine starts.
(2)
(ii) Vehicles equipped with manual chokes shall be operated according to the manufacturer's operating instructions in the owner's manual.
(3) The transmission shall be placed in gear 15 seconds after the engine is started. If necessary, braking may be employed to keep the drive wheels from turning.
(4) The operator may use the choke, accelerator pedal, etc., where necessary to keep the engine running.
(5) If the manufacturer's operating instructions in the owner's manual do not specify a warm engine starting procedure, the engine (automatic and manual-choke engines) shall be started by depressing the accelerator pedal about half way and cranking the engine until it starts.
(b)
(c) If the vehicle does not start after the manufacturer's recommended cranking time (or 10 continuous seconds in the absence of a manufacturer's recommendation), cranking shall cease for the period recommended by the manufacturer (or 10 seconds in the absence of a manufacturer's recommendation). This may be repeated for up to three start attempts. If the vehicle does not start after three attempts, the reason for failure to start shall be determined. The gas flow measuring device on the constant volume sampler (usually a revolution counter) or CFV (and the hydrocarbon integrator and particulate sampling system when testing petroleum-fueled diesel vehicles and the particulate sampling system when testing methanol-fueled diesel vehicles, see § 86.137) shall be turned off and the sampler selector valves, including the methanol sampler, placed in the “standby” position during this diagnostic period. In addition, either the CVS should be turned off, or the exhaust tube disconnected from the tailpipe during the diagnostic period. If failure to start is an operational error, the vehicle shall be rescheduled for testing from a cold start.
(d) If the engine “false starts” the operator shall repeat the recommended starting procedure (such as resetting the choke, etc.).
(e)
(2) If the engine stalls during some operating mode other than idle, the driving schedule indicator shall be stopped, the vehicle shall then be restarted and accelerated to the speed required at that point in the driving schedule and the test continued. During acceleration to this point, shifting shall be performed in accordance with § 86.128.
(3) If the vehicle will not restart within one minute, the test shall be voided, the vehicle removed from the dynamometer, corrective action taken, and the vehicle rescheduled for test. The reason for the malfunction (if determined) and the corrective action taken shall be reported to the Administrator.
(a)
(2)
(b) The following steps shall be taken for each test:
(1) Place drive wheels of vehicle on dynamometer without starting engine.
(2) Open the vehicle engine compartment cover and position the cooling fan.
(3) For all vehicles, with the sample selector valves in the “standby” position, connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems.
(4) For methanol-fueled vehicles, with the sample selector valves in the “standby” position, insert fresh sample collection impingers into the methanol sample collection system, the formaldehyde sample collection system and fresh impingers (or capsules for formaldehyde) into the dilution air sample collection systems for methanol and formaldehyde (may be omitted for 1990 through 1994 model years).
(5) Start the CVS (if not already on), the sample pumps (except the diesel particulate sample pump, if applicable), the temperature recorder, the vehicle cooling fan, and the heated hydrocarbon analysis recorder (diesels only). (The heat exchanger of the constant volume sampler, if used, petroleum-fueled diesel hydrocarbon analyzer continuous sample line and filter, methanol-fueled vehicle hydrocarbon, methanol and formaldehyde sample lines, if applicable, should be preheated to their respective operating temperatures before the test begins.)
(6) Adjust the sample flow rates to the desired flow rate and set the gas flow measuring devices to zero.
(i) For gaseous bag samples (except hydrocarbon samples), the minimum flow rate is 0.17 cfm (0.08 1/sec).
(ii) For hydrocarbon samples, the minimum FID (or HFID in the case of diesel- and methanol-fueled Otto-cycle vehicles) flow rate is 0.066 cfm (0.031 1/sec).
(iii) For methanol samples, the minimum flow rate is 0.14 cfm (0.067 1/sec).
(iv) For formaldehyde samples, the minimum flow rate is 0.036 cfm (0.017 l/s) with capsule collector and 0.14 cfm (0.067 l/s) with impinger.
CFV sample flow rate is fixed by the venturi design.
(7) Attach the exhaust tube to the vehicle tailpipe(s).
(8) Carefully install a particulate sample filter into each of the filter holders for diesel vehicle tests. The filters must be handled only with forceps or tongs. Rough or abrasive filter handling will result in erroneous weight determination.
(9) Start the gas flow measuring device, position the sample selector valves to direct the sample flow into the “transient” exhaust sample bag, the “transient” methanol exhaust sample, the “transient” formaldehyde exhaust sample, the “transient” dilution air sample bag, the “transient” methanol dilution air sample and the “transient” formaldehyde dilution air sample (turn on the petroleum-fueled diesel hydrocarbon analyzer system integrator, mark the recorder chart, start particulate sample pump No. 1, and record both gas meter or flow measurement instrument readings, if applicable), turn the key on, and start cranking the engine.
(10) Fifteen seconds after the engine starts, place the transmission in gear.
(11) Twenty seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule.
(12) Operate the vehicle according to the Urban Dynamometer Driving Schedule (§ 86.115).
During diesel vehicle testing, adjust the flow rate through the particulate sample probe to maintain a constant value within ±5 percent of the set flow rate. Record the average temperature and pressure at the gas meter or flow instrument inlet. If the set flow rate cannot be maintained because of high particulate loading on the filter, the test shall be terminated. The test shall be rerun using a lower flow rate, or larger diameter filter, or both.
(13) At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously switch the sample flows from the “transient” bags and samples to the “stabilized” bags and samples, switch off gas flow measuring device No. 1, switch off the No. 1 petroleum-fueled diesel hydrocarbon integrator and the No. 1 particulate sample pump, mark the petroleum-fueled diesel hydrocarbon recorder chart, and close valves isolating particulate filter No. 1, if applicable, and start gas flow measuring device No. 2, and start the petroleum-fueled diesel hydrocarbon integrator No. 2 and the No. 2 particulate sample pump and open valves isolating particulate filter No. 2, if applicable. Before the acceleration which is scheduled to occur at 510 seconds, record the measured roll or shaft revolutions and reset the counter or switch to a second counter. As soon as possible transfer the “transient” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample collection phase of the test.
(14) Turn the engine off 2 seconds after the end of the last deceleration (at 1,369 seconds).
(15) Five seconds after the engine stops running, simultaneously turn off gas flow measuring device No. 2 and if applicable, turn off the petroleum-fueled diesel hydrocarbon integrator No. 2, mark the hydrocarbon recorder chart, turn off the No. 2 particulate sample pump and close the valves isolating particulate filter No. 2, and position the sample selector valves to the “standby” position (and open the valves isolating particulate filter No. 1, if applicable). Record the measured roll or shaft revolutions (both gas meter or flow measurement instrumentation readings), and re-set the counter. As soon as possible, transfer the “stabilized” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140, obtaining a stabilized reading of the exhaust bag sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample period. If applicable, carefully remove both
(16) Immediately after the end of the sample period, turn off the cooling fan and close the engine compartment cover.
(17) Turn off the CVS or disconnect the exhaust tube from the tailpipe(s) of the vehicle.
(18) Repeat the steps in paragraphs (b)(2) through (b)(2) of this section for the hot start test, except only two evacuated sample bags, two methanol sample impingers, two formaldehyde sample impingers, and one pair of particulate sample filters, as appropriate, are required. The step in paragraph (b)(9) of this section shall begin between 9 and 11 minutes after the end of the sample period for the cold start test.
(19) At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously turn off gas flow measuring device No. 1 (and the petroleum-fueled diesel hydrocarbon integrator No. 1, mark the petroleum-fueled diesel hydrocarbon recorder chart and turn off the No. 1 particulate sample pump, if applicable) and position the sample selector valve to the “standby” position. (Engine shutdown is not part of the hot start test sample period.) Record the measured roll or shaft revolutions (and the No. 1 gas meter reading or flow measurement instrument). (Carefully remove the third pair of particulate sample filters from its holder and place in a clean petri dish and cover, if applicable.)
(20) As soon as possible, transfer the hot start “transient” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140, obtaining a stabilized reading of the exhaust bag sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample period. (If it is not possible to perform analysis on the methanol and formaldehyde samples, within 24 hours, the samples should be stored in a dark cold (4-10 °C) environment until analysis. The samples should be analyzed within fourteen days.)
(21) As soon as possible, and in no case longer than one hour after the end of the hot start phase of the test, transfer the six particulate filters to the weighing chamber for post-test conditioning, if applicable.
(22) Disconnect the exhaust tube from the vehicle tailpipe(s) and drive the vehicle from dynamometer.
(23) The CVS or CFV may be turned off, if desired.
(24) Vehicles to be tested for evaporative emissions will proceed according to § 86.138. For all others this completes the test sequence.
Section 86.137-94 includes text that specifies requirements that differ from § 86.137-90. Where a paragraph in § 86.137-90 is identical and applicable to § 86.137-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.137-90.” Where a corresponding paragraph of § 86.137-90 is not applicable, this is indicated by the statement “[Reserved].”
(a)
(b) The following steps shall be taken for each test:
(1) Place drive wheels of vehicle on dynamometer without starting engine.
(2) Open the vehicle engine compartment cover and position the cooling fan.
(3) For all vehicles, with the sample selector valves in the “standby” position, connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems.
(4) For methanol-fueled vehicles, with the sample selector valves in the “standby” position, insert fresh sample collection impingers into the methanol sample collection system, fresh impingers or a fresh cartridge into the formaldehyde sample collection system and fresh impingers (or a single cartridge for formaldehyde) into the dilution air sample collection systems for methanol and formaldehyde (background measurements of methanol and formaldehyde may be omitted and concentrations assumed to be zero for calculations in § 86.144).
(5) Start the CVS (if not already on), the sample pumps (except the particulate sample pump, if applicable), the temperature recorder, the vehicle cooling fan, and the heated THC analysis recorder (diesel-cycle only). (The heat exchanger of the constant volume sampler, if used, petroleum-fueled diesel-cycle THC analyzer continuous sample line and filter, methanol-fueled vehicle THC, methanol and formaldehyde sample lines, if applicable, should be preheated to their respective operating temperatures before the test begins).
(6) Adjust the sample flow rates to the desired flow rate and set the gas flow measuring devices to zero.
(i) For gaseous bag samples (except THC samples), the minimum flow rate is 0.17 cfm (0.08 1/sec).
(ii) For THC samples, the minimum FID (or HFID in the case of diesel-cycle and methanol-fueled Otto-cycle vehicles) flow rate is 0.066 cfm (0.031 -1/sec).
(iii) For methanol samples, the flow rates shall be set such that the system meets the design criteria of § 86.109 and § 86.110. For samples in which the concentration in the primary impinger exceeds 0.5 mg/l, it is recommended that the mass of methanol collected in the secondary impinger not exceed ten percent of the total mass collected. For samples in which the concentration in the primary impinger does not exceed 0.5 mg/l, analysis of the secondary impingers is not necessary.
(iv) For formaldehyde samples, the flow rates shall be set such that the system meets the design criteria of § 86.109 and § 86.110. For impinger samples in which the concentration of formaldehyde in the primary impinger exceeds 0.1 mg/l, it is recommended that the mass of formaldehyde collected in the secondary impinger not exceed ten percent of the total mass collected. For samples in which the concentration in the primary impinger does not exceed 0.1 mg/l, analysis of the secondary impingers is not necessary.
(7) Attach the exhaust tube to the vehicle tailpipe(s).
(8) Carefully install a particulate sample filter into each of the filter holders. The filters must be handled only with forceps or tongs. Rough or abrasive filter handling will result in erroneous weight determination.
(9) Start the gas flow measuring device, position the sample selector valves to direct the sample flow into the “transient” exhaust sample bag, the “transient” methanol exhaust sample, the “transient” formaldehyde exhaust sample, the “transient” dilution air sample bag, the “transient” methanol dilution air sample and the “transient” formaldehyde dilution air sample (turn on the petroleum-fueled diesel-cycle THC analyzer system integrator, mark the recorder chart, start particulate sample pump No. 1, and record both gas meter or flow measurement instrument readings, if applicable), turn the key on, and start cranking the engine.
(10) Fifteen seconds after the engine starts, place the transmission in gear.
(11) Twenty seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule.
(12) Operate the vehicle according to the Urban Dynamometer Driving Schedule (§ 86.115).
During particulate testing, adjust the flow rate through the particulate sample probe to maintain a constant value within ±5 percent of the set flow rate. Record the average temperature and pressure at the gas meter or flow instrument inlet. If the set flow rate cannot be maintained because of high particulate loading on the filter, the test shall be terminated. The test shall be rerun using a lower flow rate, or larger diameter filter, or both.
(13) At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously switch the sample flows from the “transient” bags and samples to the “stabilized” bags and samples, switch off gas flow measuring device No. 1, switch off the No. 1 petroleum-fueled diesel hydrocarbon integrator and the No. 1 particulate sample pump, mark the petroleum-fueled diesel hydrocarbon recorder chart, and close valves isolating particulate filter No. 1, if applicable, start gas flow measuring device No. 2, and start the petroleum-fueled diesel hydrocarbon integrator No. 2 and the No. 2 particulate sample pump and open valves isolating particulate filter No. 2, if applicable. Before the acceleration which is scheduled to occur at 510 seconds, record the measured roll or shaft revolutions and reset the counter or switch to a second counter. As soon as possible transfer the “transient” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample collection phase of the test.
(14) Turn the engine off 2 seconds after the end of the last deceleration (at 1,369 seconds).
(15) Five seconds after the engine stops running, simultaneously turn off gas flow measuring device No. 2 and if applicable, turn off the hydrocarbon integrator No. 2, mark the hydrocarbon recorder chart, turn off the No. 2 particulate sample pump and close the valves isolating particulate filter No. 2, and position the sample selector valves to the “standby” position (and open the valves isolating particulate filter No. 1, if applicable). Record the measured roll or shaft revolutions (both gas meter or flow measurement instrumentation readings), and reset the counter. As soon as possible, transfer the “stabilized” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140, obtaining a stabilized reading of the exhaust bag sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample period. (If it is not possible to perform analysis on the methanol and formaldehyde samples within 24 hours, the samples should be stored in a dark cold (4-10 °C) environment until analysis. The samples should be analyzed within fourteen days.) If applicable, carefully remove both pairs of particulate sample filters from their respective holders, and place each in a separate petri dish, and cover.
(b)(16)-(b)(24) [Reserved]. For guidance see § 86.137-90.
Section 86.137-96 includes text that specifies requirements that differ from those specified in §§ 86.137-90 and 86.137-94. Where a paragraph in § 86.137-90 or § 86.137-94 is identical and applicable to § 86.137-96, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.137-90.” or “[Reserved]. For guidance see § 86.137-94.”
(a)-(b)(15) [Reserved]. For guidance see § 86.137-94.
(b)(16)-(b)(23) [Reserved]. For guidance see § 86.137-90.
(b)(24) Vehicles to be tested for evaporative emissions will proceed according to § 86.134; vehicles to be tested with the supplemental two-diurnal test sequence for evaporative emissions will proceed according to § 86.138-96(k). For
(a)(1)
(2)
(b) The hot soak test may be conducted in the running loss enclosure as a continuation of that test or in a separate enclosure.
(1) If the hot soak test is conducted in the running loss enclosure, the driver may exit the enclosure after the running loss test. If exiting, the driver should use the personnel door described in § 86.107-96(a)(2), exiting as quickly as possible with a minimum disturbance to the system. The final hydrocarbon and methanol concentration for the running loss test, measured in § 86.134-96(g)(1)(xx), shall be the initial hydrocarbon and methanol concentration (time=0 minutes) C
(2) If the vehicle must be moved to a different enclosure, the following steps must be taken:
(i) The enclosure for the hot soak test shall be purged for several minutes prior to completion of the running loss test. WARNING: If at any time the concentration of hydrocarbons, of methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately purged. This concentration provides at least a 4:1 safety factor against the lean flammability limit.
(ii) The FID hydrocarbon analyzer shall be zeroed and spanned immediately prior to the test.
(iii) Fresh impingers shall be installed in the methanol sample collection system immediately prior to the start of the test, if applicable.
(iv) If not already on, the mixing fan(s) shall be turned on at this time. Throughout the hot soak test, the mixing fan(s) shall circulate the air at a rate of 0.8±0.2 cfm per cubic foot of the nominal enclosure volume.
(v) Begin sampling as follows:
(A) Analyze the enclosure atmosphere for hydrocarbons and record. This is the initial (time = 0 minutes) hydrocarbon concentration, C
(B) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the initial (time=0 minutes) methanol concentration, C
(vi) The vehicle engine compartment cover shall be closed (if not already closed), the cooling fan shall be moved, the vehicle shall be disconnected from the dynamometer and any sampling system, and then driven at minimum throttle to the enclosure for the hot soak test. These steps should be done as quickly as possible to minimize the time needed to start the hot soak test.
(vii) The vehicle's engine must be stopped before any part of the vehicle enters the enclosure.
(viii) The vehicle shall enter the enclosure; the enclosure doors shall be closed and sealed within 2 minutes of engine shutdown and within seven minutes after the end of the running loss test.
(ix) The test vehicle windows and any luggage compartments shall be opened (if not already open). The vehicle engine compartment cover shall be closed (if not already closed).
(c) [Reserved]
(d) The temperature recording system shall be started and the time of engine shutoff shall be noted on the evaporative emission hydrocarbon data recording system.
(e) For the first 5 minutes of the hot soak test, the ambient temperature shall be maintained at 95±10 °F. For the remainder of the hot soak test, the ambient temperature shall be maintained at 95±5 °F (95±2 °F on average).
(f) The 60±0.5 minute hot soak begins when the enclosure doors are sealed (or when the running loss test ends, if the hot soak test is conducted in the running loss enclosure).
(g) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned immediately prior to the end of the test.
(h) Fresh impingers shall be installed in the methanol collection system immediately prior to the end of the test, if applicable.
(i) [Reserved]
(j) At the end of the 60±0.5 minute test period:
(1) Analyze the enclosure atmosphere for hydrocarbons and record. This is the final (time=60 minutes) hydrocarbon concentration, C
(2) Analyze the enclosure atmosphere for methanol and record, if applicable. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the final (time=60 minutes) methanol concentration, C
(k) For the supplemental two-diurnal test sequence (see § 86.130-96), the hot soak test described in § 86.138-90 shall be conducted immediately following the hot transient exhaust emission test. This test requires ambient temperatures between 68° and 86 °F at all times. The equipment and calibration specifications of §§ 86.107-90 and 86.117-90 may apply for this testing. Enclosures meeting the requirements of §§ 86.107-96 and 86.117-96 may also be used. This hot soak test is followed by two consecutive diurnal heat builds, described in § 86.133-96(p).
(l) If the vehicle is to be tested for diurnal emissions, follow the procedure outlined in § 86.133-96.
(a) At least 8 hours, but not more than 56 hours before the test, place each filter in an open, but protected, petri dish and place in the weighing chamber which meets the humidity and temperature specifications of § 86.112.
(b) At the end of the 8 to 56 hour stabilization period, weigh the filter on a balance having a precision of one microgram. Record this weight. This reading is the tare weight.
(c) The filter shall then be stored in a covered petri dish which shall remain in the weighing chamber until needed for testing.
(d)(1) If the filter is not used within one hour of its removal from the weighing chamber, it shall be reweighed.
(2) The one hour limit may be replaced by an eight-hour limit if one or both of the following conditions are met:
(i) A stabilized filter is placed and kept in a sealed filter holder assembly with the ends plugged, or
(ii) A stabilized filter is placed in a sealed filter holder assembly, which is then immediately placed in a sample line through which there is no flow.
(e) After the test, and after the sample filter is returned to the weighing room, condition it for at least 1 hour but not more than 56 hours. Then weigh a second time. This latter reading is the gross weight of the filter. Record this weight.
(f) The net weight (P
Should the sample on the filter contact the petri dish or any other surface, the test is void and must be rerun.
The following sequence shall be performed in conjunction with each series of measurements:
(a) For CO, CO
(1) Zero the analyzers and obtain a stable zero reading. Recheck after tests.
(2) Introduce span gases and set instrument gains. In order to avoid errors, span and calibrate at the same flow rates used to analyze the test sample. Span gases should have concentrations equal to 75 to 100 percent of full scale. If gain has shifted significantly on the analyzers, check the calibrations. Show actual concentrations on chart.
(3) Check zeroes; repeat the procedure in paragraphs (a) (1) and (2) of this section if required.
(4) Check flow rates and pressures.
(5) Measure THC, CO, CO
(6) Check zero and span points. If difference is greater than 2 percent of full scale, repeat the procedure in paragraphs (a) (1) through (5) of this section.
(b) For petroleum-fueled, natural gas-fueled and liquefied petroleum gas-fueled (if HFID is used) diesel vehicle HC:
(1) Zero HFID analyzer and obtain a stable zero reading.
(2) Introduce span gas and set instrument gains. Span gas should have concentration equal to 75 to 100 percent of full scale.
(3) Check zero as in paragraph (b)(1) of this section.
(4) Introduction of zero and span gas into the analyzer can be accomplished by either of the following methods:
(i) Close heated valve in THC sample (see Figures B94-5 or B94-6) and allow gases to enter HFID. Extreme care should be taken not to introduce gases under high pressure.
(ii) Connect zero and span line directly to THC sample probe and introduce gases at a flow rate greater than 125 percent of the HFID flow rate with the CVS blower operating (see Figures B94-5 or B94-6). Excess flow must be allowed to exit probe inlet.
In order to minimize errors, HFID flow rate and pressure during zero and span (and background bag reading) must be exactly the same as that used during testing.
(5) Continuously record (integrate electronically if desired) dilute THC emission levels during test. Background samples are collected in sample bags and analyzed as in paragraphs (b)(4) (i) or (ii) of this section.
(6) Check zero and span as in paragraphs (b) (1) through (4) of this section. If difference is greater than 2 percent of full scale, void test and check for THC “hangup” or electronic drift in analyzer.
(c) For CH
(d) For HCHO (methanol-fueled vehicles), introduce formaldehyde test samples into the high pressure liquid chromatograph and measure the concentration of formaldehyde as a dinitrophenylhydrazine derivative in acetonitrile. This concentration is C
(e) For CH
(1) In the event that the procedure results in negative NMHC
(2) Other sampling procedures may be used if shown to yield equivalent or superior results and if approved in advance by the Administrator.
The following information shall be recorded with respect to each test:
(a) Test number.
(b) System or device tested (brief description).
(c) Date and time of day for each part of the test schedule.
(d) Test results.
(e) Driver and equipment operator IDs.
(f) Vehicle: ID number, manufacturer, model year, standards, engine family, evaporative emissions family, basic engine description (including displacement, number of cylinders, turbo-/supercharger used, and catalyst usage), fuel system (including number of carburetors, number of carburetor barrels, fuel injection type, and fuel tank(s) capacity and location), engine code, gross vehicle weight rating, inertia weight class, actual curb weight at zero miles, actual road load at 50 mph (80 kph), transmission configuration, axle ratio, car line, system miles, idle rpm, and drive wheel tire pressure, as applicable.
(g) Dynamometer: Dynamometer ID, inertia weight setting, indicated power absorption setting, records to verify compliance with the vehicle speed versus time requirements of the test, and driving distance for each of the three phases of the test, calculated from the measured roll or shaft revolutions.
(h) Gas analyzers: Analyzer bench ID, analyzer ranges, recordings of analyzer output during zero, span, and sample readings.
(i) Recorder charts: Test number, date, vehicle ID, operator ID, and identification of the measurements recorded.
(j) Test cell barometric pressure, ambient temperature, and humidity.
A central laboratory barometer may be used:
(k) Temperatures: Records to verify compliance with the ambient temperature requirements throughout the test procedure and recordings of vehicle fuel temperature(s) during the diurnal test and of the enclosure temperatures during the diurnal and hot soak tests.
(l) CFV-CVS: Total dilute exhaust volume (Vmix) for each phase of the exhaust test.
(m) PDP-CVS: Test measurements required to calculate the Vmix. Total dilute exhaust volume (Vmix) for each phase of the exhaust test.
(n) The humidity of the dilution air.
If conditioning columns are not used (see §§ 86.122 and 86.144) this measurement can be deleted. If the conditioning columns are used and the dilution air is taken from the test cell, the ambient humidity can be used for this measurement.
(o) Additional records required for diesel vehicles: (1) Pressure and temperature of the dilute exhaust mixture (and background air if sampled) at the inlet to the gas meter used for particulate sampling.
(2) The temperature of the dilute exhaust mixture inside the dilution tunnel near the inlet of the particulate probe.
(3) The temperature of the gas flowing in the heated sample line before the heated filter, and also before the HFID, and the temperature of the control system of the heated hydrocarbon detector.
(4) Gas meter or flow measurement instrumentation readings at the start of each sample period and at the end of each sample period.
(5) The stabilized pre-test weight and post-test weight of each particulate sample and back-up filter.
(6) Continuous temperature and humidity recording of the ambient air in which the particulate filters were stabilized.
(p) Additional required records for methanol-fueled vehicles:
(1) Specification of the methanol-fuel or methanol-fuel mixtures used during the test.
(2) Volume of sample passed through the methanol sampling system and the volume of deionized water in each impinger.
(3) The concentration of the GC analyses of the test samples (methanol).
(4) Volume of sample passed through the formaldehyde sampling system and the volume of DNPH solution used.
(5) The concentration of the HPLC analysis of the test sample (formaldehyde).
(6) The temperatures of the sample lines before the HFID and the impinger, the temperature of the exhaust transfer duct (as applicable), and the temperature of the control system of the heated hydrocarbon detector.
(7) A continuous measurement of the dew point of the raw and diluted exhaust. This requirement may be omitted if the temperatures of all heated lines are kept above 220 °F, or if the manufacturer performs an engineering analysis demonstrating that the temperature of the heated systems remains above the maximum dew point of the gas stream throughout the course of the test.
(q)
(r)
(a) The following equations are used to calculate the evaporative emissions from gasoline- and methanol-fueled vehicles, and for gaseous-fueled vehicles.
(b) Use the measurements of initial and final concentrations to determine the mass of hydrocarbons and methanol emitted. For testing with pure gasoline, methanol emissions are assumed to be zero.
(1) For enclosure testing of diurnal, hot soak, and running loss emissions:
(i) Methanol emissions:
(ii) Hydrocarbon emissions:
(iii) For variable-volume enclosures, defined in § 86.107(a)(1)(i), the following simplified form of the hydrocarbon mass change equation may be used:
(2) For running loss testing by the point-source method, the mass emissions of each test phase are calculated below, then summed for a total mass emission for the running loss test. If emissions are continuously sampled, the following equations can be used in integral form.
(i) Methanol emissions:
(ii) Hydrocarbon emissions:
(d)(1) For the full three-diurnal test sequence, there are two final results to report:
(i) The sum of the adjusted total mass emissions for the diurnal and hot soak tests (M
(ii) The adjusted total mass emissions for the running loss test, on a grams per mile basis=M
(2) For the supplemental two-diurnal test sequence, there is one final result to report: the sum of the adjusted total mass emissions for the diurnal and hot soak tests (M
The final reported test results shall be computed by use of the following formula:
(a) For light-duty vehicles and light duty trucks:
(1) Y
(2) Y
(3) Y
(4) Y
(5) D
(6) D
(7) D
(b) The mass of each pollutant for each phase of both the cold start test and the hot start test is determined from the following:
(1) Total hydrocarbon mass:
(2) Oxides of nitrogen mass:
(3) Carbon monoxide mass:
(4) Carbon dioxide mass:
(5) Methanol mass:
(6) Formaldehyde mass:
(7) Total hydrocarbon equivalent mass:
(8) Non-methane hydrocarbon mass:
(9) Non-methane hydrocarbon equivalent mass:
(10) Methane mass:
(c) Meaning of symbols:
(1)(i) HC
(ii) Density
(A)
(B)
(iii)(A) HC
(B) HC
(iv)(A) HC
(B) HC
(v) FID HC
(vi) r=FID response to methanol.
(vii) C
(viii)(A) HC
(B) HC
(ix) FID HC
(x) C
(2)(i) NOx
(ii) Density
(iii)(A) NOx
(B) NOx
(iv) NOx
(v) NOx
(3)(i) CO
(ii) Density
(iii)(A) CO
(B) CO
(iv)(A) CO
(B) CO
(C) CO
(v) CO
(vi) CO
(vii) R = Relative humidity of the dilution air, in percent (see § 86.142(n)).
(viii)(A) CO
(B) CO
(ix) CO
If a CO instrument which meets the criteria specified in § 86.111 is used and the conditioning column has been deleted, CO
(4)(i) CO
(ii) Density CO
(iii)(A) CO
(B) CO
(iv) CO
(5)(i) CH
(ii) Density
(iii)(A) CH
(B) CH
(iv)(A) C
(B)
(v)(A) C
(B)
(vi) T
(vii) T
(viii) P
(ix) V
(x) V
(xi) C
(xii) C
(xiii) AVS=Volume of absorbing reagent (deionized water) in impinger through which methanol sample from dilute exhaust is drawn, ml.
(xiv) AVD=Volume of absorbing reagent (deionized water) in impinger through which methanol sample from dilution air is drawn, ml.
(xv) 1=first impinger.
(xvi) 2=second impinger.
(xvii) 1 = first impinger.
(xviii) 2 = second impinger.
(6)(i) HCHO
(ii) Density
(iii)(A) HCHO
(B) HCHO
(iv)(A) C
(B)
(v)(A) C
(B)
(vi) C
(vii) V
(viii)(A) Q = Ratio of molecular weights of formaldehyde to its DNPH derivative.
(B) Q = 0.1429.
(ix) T
(x) V
(xi) P
(xii) C
(xiii) V
(xiv) T
(xv) V
(7)(i) DF = 13.4/[CO
(ii) For methanol-fueled vehicles, where fuel composition is C
(iii)
(iv)(A) K
(B) K
(C)
(v)(A) H=Absolute humidity in grains (grams) of water per pound (kilogram) of dry air.
(B) H=[(43.478)R
(C)
(vi) R
(vii) P
(viii) P
(ix)(A) V
(B) For PDP-CVS, V
(C)
(x) V
(xi) N=Number of revolutions of the positive displacement pump during the test phase while samples are being collected.
(xii) P
(xiii) P
(xiv) T
(8)(i) NMHC
(ii) Density
(A)
(B) For natural gas and liquefied petroleum gas fuel; Density
(iii)(A) CH
(B) CH
(iv) CH
(v) CH
(vi) rCH4=HC FID response to methane as measured in § 86.121(d).
(9)(i) CH
(ii) Density
(d) For petroleum-fueled vehicles, example calculation of mass values of exhaust emissions using positive displacement pump:
(1) For the “transient” phase of the cold start test assume the following: V
(i) V
(ii) H = (43.478)(48.2)(22.225)/762 − (22.225)(48.2/100) = 62 grains of water per pound of dry air.
(iii) K
(iv) CO
(v) CO
(vi) DF = 13.4/[1.43+10
(vii) HC
(viii) HC
(ix) NOx
(x) NOx
(xi) CO
(xii) CO
(xiii) CO
(xiv) CO
(xv) CH
(xvi) NMHC
(xvii) NMHC
(2) For the stabilized portion of the cold start test assume that similar calculations resulted in the following:
(i) HC
(ii) NOx
(iii) CO
(iv) CO
(v) D
(vi) NMHC
(3) For the “transient” portion of the hot start test assume that similar calculations resulted in the following:
(i) HC
(ii) NOx
(iii) CO
(iv) CO
(v) D
(vi) NMHC
(4) Weighted mass emission results:
(i) HC
(ii) NOx
(iii) CO
(iv) CO
(v) NMHC
(e) For methanol-fueled vehicles with measured fuel composition of CH
(1) For the “transient” phase of the cold start test assume the following:
(i) V
(ii) H=(43.478)(37.5)(22.02)/[725.42-(22.02×37.5/100)]=50 grains of water per pound of dry air.
(iii) K
(iv) CO
(v) CO
(vi) C
(vii) HCe=14.65−(0.788)(10.86)=6.092.
(viii) DF = 100(1/[1 + (3.487/2) + 3.76(1 + (3.487/4) − (0.763/2))])/0.469 + (6.092 + 96.332 + 10.86 + 0.664)(10
(ix) C
(x) CH
(xi) CH
(xii) HC
(xiii) HC
(xiv) C
(xv) C
(xvi) HCHO
(xvii) HCHO
(xviii) THCE=0.35+(13.8756/32.042)(2.44)+(13.8756/ 30.0262)(0.1405)=1.47 grams per test phase.
(xix) NO
(xx) NO
(xxi) CO
(xxii) CO
(xxiii) CO2
(xxiv) CO2
(xxv) CH4
(xxvi) NMHC
(xxvii) NMHC
(xxviii) NMHCE
(2) For the stabilized portion of the cold start test assume that similar calculations resulted in the following:
(i) THCE=0.143 grams per test phase.
(ii) NO
(iii) CO
(iv) CO
(v) D
(vi) NMHCE=0.113 grams per test phase.
(3) For the “transient” portion of the hot start test assume that similar calculations resulted in the following:
(i) THCE=0.488 grams as carbon equivalent per test phase.
(ii) NO
(iii) CO
(iv) CO
(v) D
(vi) NMHCE=0.426 grams per test phase.
(4) Weighted emission results:
(i) THCE
(ii) NOx
(iii) CO
(iv) CO2
(v) NMHCE
(a) The final reported test results for the mass particulate (M
(1) M
(2) M
(3) M
(4) D
(5) D
(6) D
(b) The mass of particulate for each phase of testing is determined as follows:
(1) j = 1, 2 or 3 depending on which phase the mass of particulate is being determined for (i.e., the “transient” phase of the cold start test, the “stabilized” phase of the cold start test, or the “transient” phase of the hot start test).
(2) V
(3)
(4) P
(i) The background particulate level, P
(ii) Any manufacturer may make the same assumption without prior EPA approval.
(iii) If P
(6) V
(i) V
(ii) P
(iii) P
(iv) T
(7) V
(i) V
(ii) P
(iii) P
(iv) T
(8) DF = dilution factor. (DF is not required if P
(a) The vehicle is fueled at a rate of 10 gal/min to test for fuel spitback emissions. All liquid fuel spitback emissions that occur during the test are collected in a bag made of a material impermeable to hydrocarbons or methanol. The bag shall be designed and used so that liquid fuel does not spit back onto the vehicle body, adjacent floor, etc., and it must not impede the free flow of displaced gasoline vapor from the orifice of the filler pipe. The bag must be designed to permit passage of the dispensing nozzle through the bag. If the bag has been used for previous testing, sufficient time shall be allowed for the bag to dry out. The dispensing nozzle shall be a commercial model, not equipped with vapor recovery hardware.
(b) Ambient temperature levels encountered by the test vehicle shall be not less than 68 °F nor more than 86 °F. The temperatures monitored during testing must be representative of those experienced by the test vehicle. The vehicle shall be approximately level during all phases of the test sequence to prevent abnormal fuel distribution.
(c) Measure and record the mass of the bag to be used for collecting spitback emissions to the nearest 0.01 gram.
(d) Drain the fuel tank(s) and fill with test fuel, as specified in § 86.113, to 10 percent of the reported nominal fuel tank capacity. The fuel cap(s) shall be installed immediately after refueling.
(e) The vehicle shall be soaked at 80±6 °F (27±3 °C) for a minimum of six hours, then placed, either by being driven or pushed, on a dynamometer and operated through one Urban Dynamometer Driving Schedule (specified in § 86.115 and appendix I of this part). The test vehicle may not be used to set dynamometer horsepower.
(f) Following the preconditioning drive, the vehicle shall be moved or driven at minimum throttle to the refueling area.
(g) All areas in proximity to the vehicle fuel fill orifice and the dispenser nozzle itself shall be completely dry of liquid fuel.
(h) The fuel filler neck shall be snugly fitted with the vented bag to capture any fuel emissions. The fuel nozzle shall be inserted through the bag into the filler neck of the test vehicle to its maximum penetration. The plane of the nozzle's handle shall be perpendicular to the floor of the laboratory.
(i) The fueling procedure consists of dispensing fuel through a nozzle, interrupted by a series of automatic shutoffs. A minimum of 3 seconds shall elapse between any automatic shutoff and subsequent resumption of dispensing. Dispensing may not be manually terminated, unless the test vehicle has already clearly failed the test. The vehicle shall be fueled according to the following procedure:
(1) The fueling operation shall be started within 4 minutes after the vehicle is turned off and within 8 minutes after completion of the preconditioning drive. The average temperature of the dispensed fuel shall be 65 ±5 °F (18 ±3 °C).
(2) The fuel shall be dispensed at a rate of 9.8±0.3 gallons/minute (37.1±1.1 L/min) until the automatic shutoff is activated.
(3) If the automatic shutoff is activated before the nozzle has dispensed an amount of fuel equal to 70 percent of the tank's nominal capacity, the dispensing may be resumed at a reduced
(4) Once the automatic shutoff is activated after the nozzle has dispensed an amount of fuel equal to 70 percent of the tank's nominal capacity, the fuel shall be dispensed at a rate of 5 ±1 gallons/minute (19 ±4 ℓ/min) for all subsequent dispensing. Dispensing shall be restarted two additional times.
(5) If the nozzle has dispensed an amount of fuel less than 85 percent of the tank's nominal capacity after the two additional dispensing restarts, dispensing shall be resumed, and shall continue through as many automatic shutoffs as necessary to achieve this level. This completes the fueling procedure.
(j) Withdraw the nozzle from the vehicle and the bag, holding the tip of the nozzle upward to avoid any dripping into the bag.
(k) Within 1 minute after completion of the fueling event, the bag shall be folded to minimize the vapor volume inside the bag. The bag shall be folded as quickly as possible to prevent evaporation of collected emissions.
(l) Within 5 minutes after completion of the fueling event, the mass of the bag and its contents shall be measured and recorded (consistent with paragraph (c) of this section). The bag shall be weighed as quickly as possible to prevent evaporation of collected emissions.
(a) The refueling emissions test procedure described in this and subsequent sections is used to determine the conformity of vehicles with the refueling emissions standards set forth in subpart A of this part for light-duty vehicles and light-duty trucks. The refueling emissions test procedure may be performed as an individual test or in combination with the evaporative and exhaust emissions test sequences of § 86.130-96.
(b) The refueling emissions test is designed to measure hydrocarbon emissions resulting from the generation or displacement of fuel tank vapor during vehicle refueling. The refueling emissions shall be measured by the enclosure technique.
(c) All emission control systems installed on or incorporated in a new motor vehicle shall be functioning during all procedures in this subpart except:
(1) In cases of component malfunction or failure; and
(2) during certain specified fuel drain and fill operations, at which times the refueling emission control canister is disconnected. Maintenance to correct component malfunction or failure shall be authorized in accordance with § 86.098-25.
(d)
(a) The refueling emissions procedure, shown in Figure B98-12, starts with the stabilizing of the vehicle and the loading of the refueling emissions canister(s) to breakthrough, and continues with the vehicle drive for purging of the canister, followed by the refueling emissions measurement. The test is conducted following §§ 86.152-98 through 86.154-98 in order.
(b) Ambient temperature levels encountered by the test vehicle throughout the test sequence shall not be less than 68 °F (20 °C) nor more than 86 °F (30 °C).
(c) The vehicle shall be approximately level during all phases of the test sequence to prevent abnormal fuel distribution.
(a) Provide additional fittings and adapters, as required, to accommodate a fuel drain at the lowest point possible in the tank(s) as installed on the vehicle. The canister shall not be removed from the vehicle, unless access to the canister in its normal location is so restricted that purging and loading can only reasonably be accomplished by removing the canister from the vehicle. Special care shall be taken during this step to avoid damage to the components and the integrity of the fuel system. A replacement canister may be temporarily installed during the soak period while the canister from the test vehicle is preconditioned.
(b) Optionally, provide valving or other means to allow the venting of the refueling vapor line to the atmosphere rather than to the refueling emissions
(c) For preconditioning that involves loading the vapor collection canister(s) with butane, provide valving or other means as necessary to allow loading of the canister(s).
(a)
(b)
(1)
(2)
(c)
(2) To provide additional opportunity for canister purge, conduct additional driving on a dynamometer, within one hour of completion of the hot start exhaust test, by operating the test vehicle through one UDDS, a 2 minute idle, two NYCCs, another 2 minute idle, another UDDS, then another 2 minute idle (see § 86.115-78 and appendix I of this part). Fifteen seconds after the engine starts, place the transmission in gear. Twenty seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule. The transmission shall be operated according to the specifications of § 86.128-79 during the driving cycles. The vehicle's air conditioner (if so equipped) shall be turned off. Ambient temperature shall be controlled as specified in § 86.151-98. It is not necessary to monitor and/or control in-tank fuel temperatures.
(i) The fixed-speed fan specified in § 86.135-94(b) may be used for engine cooling. If a fixed-speed fan is used, the vehicle's hood shall be opened.
(ii) Alternatively, the roadspeed-modulated fan specified in § 86.107-96(d)(1) may be used for engine cooling. If a road-speed modulated fan is used, the vehicle's hood shall be closed.
(d)
(1)
(ii) Except with the advance approval of the Administrator, the number of UDDSs required to consume 85 percent of tank fuel capacity (total capacity of both tanks when the vehicle is equipped with dual fuel tanks) shall be determined from the fuel economy on the UDDS applicable to the test vehicle and from the number of gallons to the nearest 0.1 gallon (0.38 liter) that constitutes 85 percent of tank volume. If this “fuel consumed point” occurs partway through a UDDS cycle, the cycle shall be completed in its entirety.
(iii) For vehicles equipped with dual fuel tanks, fuel switching from the first tank to the second tank shall occur at the 10 percent volume of the first tank regardless of the point in the UDDS cycle at which this occurs.
(iv) If necessary to accommodate work schedules, the engine may be turned off and the vehicle parked on the dynamometer. The vehicle may be parked off of the dynamometer to facilitate maintenance or repairs if required.
(v) During the driving on the dynamometer, a cooling fan(s) shall be positioned as described in § 86.135-94(b).
(2)
(ii) If the distance from the emission laboratory to the test track is less than 5 miles (8.05 km) the vehicle may be driven to the test track at a speed not to exceed 25 mph. If the distance is greater than 5 miles (8.05 km) the vehicle shall be moved to the test track with the engine off.
(iii) Except with the advance approval of the Administrator, the number of UDDSs required to consume 85 percent of tank fuel capacity (total capacity of both tanks when the vehicle is equipped with dual fuel tanks) shall be determined from the fuel economy on the UDDS applicable to the test vehicle and from the number of gallons to the nearest 0.1 gallon (0.38 liter) that
(iv) The vehicle shall be driven at a speed not to exceed 25 mph from the test track to the laboratory provided the distance from the test track to the laboratory does not exceed 5 miles (8.05 km). If the distance from the test track to the emission laboratory is greater than 5 miles (8.05 km) the vehicle shall be moved from the test track with the engine off.
(v) For vehicles equipped with dual fuel tanks, fuel switching from the first tank to the second tank shall occur at the 10 percent volume of the first tank regardless of the point in the UDDS cycle at which this occurs.
(vi) If necessary to accommodate work schedules, the engine may be turned off and the vehicle parked on the test track. The vehicle may be parked off of the test track to facilitate maintenance or repairs if required. If the vehicle is moved from the test track, it shall be returned to the track with the engine off when mileage accumulation is to be resumed.
(3)
(e)
(2)
(a) The refueling test measurement procedure described in this section immediately follows the vehicle and canister preconditioning described in § 86.153-98.
(b) The refueling emission enclosure shall be purged for several minutes immediately prior to the test. Warning: If at any time the concentration of hydrocarbons, of methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately purged. This concentration provides a 4:1 safety factor against the lean flammability limit.
(c)(1) The FID (or HFID) hydrocarbon analyzer, and additional analyzer, if needed, shall be zeroed and spanned immediately prior to the test.
(2) For methanol-fueled vehicles only, impingers charged with known volumes of pure deionized water shall be placed in the methanol sampling system.
(d) If not already on, the enclosure mixing fan and the spilled fuel mixing blower shall be turned on at this time.
(e) The refueling emission measurement portion of the refueling test shall be performed as follows:
(1) The line from the fuel tank(s) to the refueling emissions canister(s) shall be connected.
(2) The test vehicle, with the engine shut off, shall be moved into the enclosure. The test vehicle windows and luggage compartment shall be opened if not already open.
(3) An electrical ground shall be attached to the vehicle. The vehicle fuel filler cap shall be removed and the enclosure door shall be closed and sealed within two minutes of cap removal. The FID (or HFID) trace shall be allowed to stabilize.
(4) The dispensed fuel temperature recording system shall be started.
(5)(i) Within 10 minutes of closing and sealing the doors, analyze enclosure atmosphere for hydrocarbons and record. This is the initial (time=0 minutes) hydrocarbon concentration, C
(ii) For methanol-fueled vehicles only, measure the initial concentration of methanol as described in § 86.133-96(i)(6).
(6) Within one minute of obtaining the initial FID (or HFID) reading, and methanol reading if applicable, the fuel nozzle shall be inserted into the filler neck of the test vehicle, to its maximum penetration, and the refueling operation shall be started. The plane of the nozzle's handle shall be approximately perpendicular to the floor of the laboratory. The fuel shall be dispensed at a temperature of 67±1.5 °F (19.4±0.8 °C) and at a dispensing rate of 9.8±0.3 gal/min (37.1±1.1 liter/min). In testing conducted by the Administrator, a lower dispensing rate (no lower than 4.0 gal/min (15.1 liter/min)) may be used.
(7)(i)
(ii)
(8)(i) The final reading of the evaporative enclosure FID analyzer shall be taken 60±5 seconds following the final shut-off of fuel flow. This is the final hydrocarbon concentration, C
(ii)
(9) For vehicles equipped with more than one fuel tank, the procedures described in this section shall be performed for each fuel tank.
The following information shall be recorded with respect to each test:
(a) Test number.
(b) System or device tested (brief description).
(c) Date and time of day.
(d) Instrument operated.
(e) Operator.
(f) Vehicle: ID number, manufacturer, model year, engine family, evaporative/refueling emission family, refueling emission control system, refueling emissions canister continuous drive purge miles and number of
(g) All pertinent instrument information including nozzle and fuel delivery system description. As an alternative, a reference to a vehicle test cell number may be used, with advance approval of the Administrator, provided test cell calibration records show the pertinent instrument information.
(h) Recorder charts: Identify zero, span, and enclosure gas sample traces.
(i) Enclosure barometric pressure and ambient temperature: a central laboratory barometer may be used,
(j) Temperatures: Soak area; dispensed fuel, initial and final.
(k) Fuel dispensing rate(s).
(l) Dispensed fuel volume.
(m) For methanol-fueled vehicles:
(1) Volume of sample passed through the methanol sampling system and the volume of deionized water in each impinger.
(2) The methanol concentration in the reference sample and the peak area from the GC analysis of the reference sample.
(3) The peak area of the GC analyses of the test samples (methanol).
(n) All additional information necessary for the calculations specified in § 86.156-98.
(a) The calculation of the net hydrocarbon mass change and methanol mass change (if applicable) in the enclosure is used to determine refueling mass emissions. The mass is calculated from initial and final hydrocarbon and methanol (if applicable) concentrations in ppm carbon, initial and final enclosure ambient temperatures, initial and final barometric pressures, and net enclosure volume using the equations of § 86.143-96. For vehicles with multiple tanks, the results for each tank shall be calculated and then summed to determine overall refueling emissions.
(b) The final results for comparison with the refueling control emission standard shall be computed by dividing the total refueling mass emissions by the total gallons of fuel dispensed in the refueling test (see § 86.154-98(e)(7)(ii)).
(c) The results of all emission tests shall be rounded, in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in § 86.094-28(a)(4)(i)(B)(
(a)
(2) The refueling equipment nozzle specifications shall meet the requirements described in § 80.32.
(b)
(2) Ambient temperature levels encountered by the test vehicle throughout the test sequence shall not be less than 68 °F (20 °C) nor more than 86 °F (30 °C).
(3) The vehicle shall be approximately level during all phases of the test sequence to prevent abnormal fuel distribution.
(c)
(2) The vehicle shall be parked (without starting the engine) within the temperature range specified in paragraph (a)(2) of this section for a minimum of one hour and a maximum of six hours.
(d)
(2) Within one minute of obtaining the initial FID (or HFID) reading, the dispensed fuel nozzle shall be attached to the vehicle fuel receptacle, and the refueling operation shall be started. If the vehicle is equipped with a fixed liquid level gauge or other gauge or valve which could be opened to release fuel or fuel vapor during refueling, and has not received an exemption as outlined in §§ 86.098-28(h), 86.001-28(h) or 86.004-28(h), the fixed level gauge or other gauges or valves shall be opened after the dispensing nozzle is attached, but prior to the start of the refueling operation. The dispensed fuel must be at a temperature stabilized to approximately the same temperature as the vehicle was in paragraph (c)(2) of this section. The dispensing rate must be typical of in-use dispensing rates for liquefied petroleum gas into light-duty vehicles and trucks.
(3) The fuel flow shall continue until the amount of fuel dispensed is at least 85 percent of nominal fuel tank capacity, determined to the nearest one-tenth of a U.S. gallon (0.38 liter).
(4) Following the fuel shut-off the fixed liquid level gauge or other gauges or valves, if open, shall be closed and the nozzle disconnected.
(5) The final reading of the evaporative enclosure FID (or HFID) analyzer shall be taken 60 ±5 seconds following the disconnect of the refueling nozzle. This is the final hydrocarbon concentration, C
(6) For vehicles equipped with more than one fuel tank, the procedures described in this section shall be performed for each fuel tank.
(e)
(2) Vehicle: ID number, manufacturer, model year, engine family, evaporative/refueling emission family, fuel tank(s) capacity, basic fuel system description and odometer reading.
(3) All pertinent instrument information including nozzle and fuel delivery system description. As an alternative, a reference to a vehicle test cell number may be used, with advance approval of the Administrator, provided test cell calibration records show the pertinent instrument information.
(4) All additional information necessary for the calculations specified in paragraph (f) of this section.
(f)
(2) The final results for comparison with the refueling control emission standard shall be computed by dividing the total refueling mass emissions by the total gallons of fuel dispensed in the refueling test (see paragraph (d)(3) of this section).
(3) 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. This procedure has been incorporated by reference (see § 86.1).
The procedures described in §§ 86.158-00, 86.159-00, 86.160-00, and 86.162-00 discuss the aggressive driving (US06) and air conditioning (SC03) elements of the Supplemental Federal Test Procedures (SFTP). These test procedures consist of two separable test elements: A sequence of vehicle operation that tests exhaust emissions with a driving schedule (US06) that tests exhaust
(a) Vehicles are tested for the exhaust emissions of THC, CO, NO
(b) Each test procedure follows the vehicle preconditioning specified in § 86.132-00.
(c)
(d)
(e) The emission results from the aggressive driving test (§ 86.159-00), air conditioning test (§ 86.160-00), and a FTP test (§ 86.130-00 (a) through (d) and (f)) (conducted on a large single roll or equivalent dynamometer) are analyzed according to the calculation methodology in § 86.164-00 and compared to the applicable SFTP emission standards in subpart A of this part (§§ 86.108-00 and 86.109-00).
(f) These test procedures may be run in any sequence that maintains the applicable preconditioning elements specified in § 86.132-00.
The procedures described in §§ 86.158-08, 86.159-08, 86.160-00, and 86.162-00 discuss the aggressive driving (US06) and air conditioning (SC03) elements of the Supplemental Federal Test Procedures (SFTP). These test procedures consist of two separable test elements: A sequence of vehicle operation that tests exhaust emissions with a driving schedule (US06) that tests exhaust emissions under high speeds and accelerations (aggressive driving); and a sequence of vehicle operation that tests exhaust emissions with a driving schedule (SC03) which includes the impacts of actual air conditioning operation. These test procedures (and the associated standards set forth in subpart S of this part) are applicable to light-duty vehicles and light-duty trucks.
(a) Vehicles are tested for the exhaust emissions of THC, CO, NO
(b) Each test procedure follows the vehicle preconditioning specified in § 86.132-00.
(c)
(d)
(e) The emission results from the aggressive driving test (§ 86.159-08), air conditioning test (§ 86.160-00), and FTP test (§ 86.130-00 (a) through (d) and (f)) (conducted on a large single roll or equivalent dynamometer) are analyzed according to the calculation methodology in § 86.164-08 and compared to the applicable SFTP emission standards in subpart S of this part.
(f) These test procedures may be run in any sequence that maintains the applicable preconditioning elements specified in § 86.132-00.
(a)
(b)
(2) Position (vehicle can be driven) the test vehicle on the dynamometer and restrain.
(3) Required US06 schedule test dynamometer inertia weight class selections are determined by the test vehicles test weight basis and corresponding equivalent weight as listed in the tabular information of § 86.129-94(a) and discussed in § 86.129-00 (e) and (f).
(4) Set the dynamometer test inertia weight and roadload horsepower requirements for the test vehicle (see § 86.129-00 (e) and (f). The dynamometer's horsepower adjustment settings shall be set to match the force imposed during dynamometer operation with actual road load force at all speeds.
(5) The vehicle speed as measured from the dynamometer rolls shall be used. A speed vs. time recording, as evidence of dynamometer test validity, shall be supplied on request of the Administrator.
(6) The drive wheel tires may be inflated up to a gauge pressure of 45 psi (310 kPa), or the manufacturer's recommended pressure if higher than 45 psi, in order to prevent tire damage. The drive wheel tire pressure shall be reported with the test results.
(7) The driving distance, as measured by counting the number of dynamometer roll or shaft revolutions, shall be determined for the test.
(8) Four-wheel drive and all-wheel drive vehicles may be tested either in a four-wheel drive or a two-wheel drive mode of operation. In order to test in the two-wheel drive mode, four-wheel drive and all-wheel drive vehicles may have one set of drive wheels disengaged; four-wheel and all-wheel drive vehicles which can be shifted to a two-wheel mode by the driver may be tested in a two-wheel drive mode of operation.
(9) During dynamometer operation, a fixed speed cooling fan with a maximum discharge velocity of 15,000 cfm will be positioned so as to direct cooling air to the vehicle in an appropriate manner with the engine compartment cover open. In the case of vehicles with front engine compartments, the fan shall be positioned within 24 inches (61 centimeters) of the vehicle. In the case of vehicles with rear engine compartments (or if special designs make the above impractical), the cooling fan(s) shall be placed in a position to provide sufficient air to maintain vehicle cooling. The Administrator may approve modified cooling configurations or additional cooling if necessary to satisfactorily perform the test. In approving requests for additional or modified cooling, the Administrator will consider such items as actual road cooling data and whether such additional cooling is needed to provide a representative test.
(c) The flow capacity of the CVS shall be large enough to virtually eliminate water condensation in the system.
(d) Practice runs over the prescribed driving schedule may be performed at test point, provided an emission sample is not taken, for the purpose of finding the appropriate throttle action to maintain the proper speed-time relationship, or to permit sampling system adjustment.
(e) Perform the test bench sampling sequence outlined in § 86.140-94 prior to or in conjunction with each series of exhaust emission measurements.
(f)
(2) The following steps shall be taken for each test:
(i) Immediately after completion of the preconditioning, idle the vehicle. The idle period is not to be less than one minute or not greater than two minutes.
(ii) With the sample selector valves in the “standby” position, connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems.
(iii) Start the CVS (if not already on), the sample pumps, the temperature recorder, the vehicle cooling fan, and the heated THC analysis recorder (diesel-cycle only). The heat exchanger of the constant volume sampler, if used, petroleum-fueled diesel-cycle THC analyzer continuous sample line should be preheated to their respective operating temperatures before the test begins.
(iv) Adjust the sample flow rates to the desired flow rate and set the gas flow measuring devices to zero.
(A) For gaseous bag samples (except THC samples), the minimum flow rate is 0.17 cfm (0.08 liters/sec).
(B) For THC samples, the minimum FID (or HFID in the case of diesel-cycle vehicles) flow rate is 0.066 cfm (0.031 liters/sec).
(C) CFV sample flow rate is fixed by the venturi design.
(v) Attach the exhaust tube to the vehicle tailpipe(s).
(vi) Start the gas flow measuring device, position the sample selector valves to direct the sample flow into the exhaust sample bag, the dilution air sample bag, turn on the petroleum-fueled diesel-cycle THC analyzer system integrator, mark the recorder chart, and record both gas meter or flow measurement instrument readings, (if applicable).
(vii) Place vehicle in gear after starting the gas flow measuring device, but prior to the first acceleration. Begin the first acceleration 5 seconds after starting the measuring device.
(viii) Operate the vehicle according to the US06 driving schedule, as described in appendix I, paragraph (g), of this part. Manual transmission vehicles shall be shifted according to the manufacturer recommended shift schedule, subject to review and approval by the Administrator. For further guidance on transmissions see § 86.128-00.
(ix) Turn the engine off 2 seconds after the end of the last deceleration (i.e., engine off at 596 seconds).
(x) Five seconds after the engine stops running, simultaneously turn off gas flow measuring device No. 1 (and the petroleum-fueled diesel hydrocarbon integrator No. 1 and mark the petroleum-fueled diesel hydrocarbon recorder chart if applicable) and position the sample selector valves to the “standby” position. Record the measured roll or shaft revolutions and the No. 1 gas meter reading or flow measurement instrument.
(xi) As soon as possible, transfer the exhaust and dilution air bag samples to the analytical system and process the samples according to § 86.140-94 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test.
(xii) Immediately after the end of the sample period, turn off the cooling fan, close the engine compartment cover, disconnect the exhaust tube from the vehicle tailpipe(s), and drive the vehicle from dynamometer.
(xiii) The CVS or CFV may be turned off, if desired.
(a)
(b)
(2) Position (vehicle can be driven) the test vehicle on the dynamometer and restrain.
(3) Required US06 schedule test dynamometer inertia weight class selections are determined by the test vehicles test weight basis and corresponding equivalent weight as listed in the tabular information of § 86.129-94(a) and discussed in § 86.129-00 (e) and (f).
(4) Set the dynamometer test inertia weight and roadload horsepower requirements for the test vehicle according to § 86.129-00 (e) and (f). The
(5) The vehicle speed as measured from the dynamometer rolls shall be used. A speed vs. time recording, as evidence of dynamometer test validity, shall be supplied on request of the Administrator.
(6) The drive wheel tires may be inflated up to a gauge pressure of 45 psi (310 kPa), or the manufacturer's recommended pressure if higher than 45 psi, in order to prevent tire damage. The drive wheel tire pressure shall be reported with the test results.
(7) The driving distance, as measured by counting the number of dynamometer roll or shaft revolutions, shall be determined for the test.
(8) Four-wheel drive and all-wheel drive vehicles may be tested either in a four-wheel drive or a two-wheel drive mode of operation. In order to test in the two-wheel drive mode, four-wheel drive and all-wheel drive vehicles may have one set of drive wheels disengaged; four-wheel and all-wheel drive vehicles which can be shifted to a two-wheel mode by the driver may be tested in a two-wheel drive mode of operation.
(9) During dynamometer operation, a fixed speed cooling fan with a maximum discharge velocity of 15,000 cfm will be positioned so as to direct cooling air to the vehicle in an appropriate manner with the engine compartment cover open. In the case of vehicles with front engine compartments, the fan shall be positioned within 24 inches (61 centimeters) of the vehicle. In the case of vehicles with rear engine compartments (or if special designs make the above impractical), the cooling fan(s) shall be placed in a position to provide sufficient air to maintain vehicle cooling. The Administrator may approve modified cooling configurations or additional cooling if necessary to satisfactorily perform the test. In approving requests for additional or modified cooling, the Administrator will consider such items as actual road cooling data and whether such additional cooling is needed to provide a representative test.
(c) The flow capacity of the CVS shall be large enough to virtually eliminate water condensation in the system.
(d) Practice runs over the prescribed driving schedule may be performed at test point, provided an emission sample is not taken, for the purpose of finding the appropriate throttle action to maintain the proper speed-time relationship, or to permit sampling system adjustment.
(e) Perform the test bench sampling sequence outlined in § 86.140-94 prior to or in conjunction with each series of exhaust emission measurements.
(f)
(2) The following steps shall be taken for each test:
(i) Immediately after completion of the preconditioning, idle the vehicle. The idle period is not to be less than one minute or greater than two minutes.
(ii) With the sample selector valves in the “standby” position, connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems.
(iii) Start the CVS (if not already on), the sample pumps, the temperature recorder, the vehicle cooling fan, and the heated THC analysis recorder (diesel-cycle only). The heat exchanger of the constant volume sampler, if used, petroleum-fueled diesel-cycle THC analyzer continuous sample line should be preheated to their respective operating temperatures before the test begins.
(iv) Adjust the sample flow rates to the desired flow rate and set the gas flow measuring devices to zero.
(A) For gaseous bag samples (except THC samples), the minimum flow rate is 0.17 cfm (0.08 liters/sec).
(B) For THC samples, the minimum FID (or HFID in the case of diesel-cycle vehicles) flow rate is 0.066 cfm (0.031 liters/sec).
(C) CFV sample flow rate is fixed by the venturi design.
(v) Attach the exhaust tube to the vehicle tailpipe(s).
(vi) Start the gas flow measuring device, position the sample selector valves to direct the sample flow into the exhaust sample bag, the dilution air sample bag, turn on the petroleum-fueled diesel-cycle THC analyzer system integrator, mark the recorder chart, and record both gas meter or flow measurement instrument readings, (if applicable).
(vii) Place vehicle in gear after starting the gas flow measuring device, but prior to the first acceleration. Begin the first acceleration 5 seconds after starting the measuring device.
(viii) Operate the vehicle according to the US06 driving schedule, as described in appendix I, paragraph (g), of this part. Manual transmission vehicles shall be shifted according to the manufacturer recommended shift schedule, subject to review and approval by the Administrator. For further guidance on transmissions see § 86.128-00.
(ix) Paragraphs (f)(2)(ix)(A) and (B) of this section apply to vehicles for which the manufacturer is collecting US06 City and US06 Highway emissions for subsequent analysis according to the provisions of part 600 of this chapter. Vehicles for which emissions are being collected in a single continuous sample for subsequent analysis must be tested according to paragraph (x) of this section, and this paragraph (f)(2)(ix) will not apply.
(A) At two seconds after the end of the deceleration which is scheduled to occur at 128 seconds (
(B) At two seconds after the end of the deceleration which is scheduled to occur at 493 seconds (i.e., at 495 seconds), simultaneously switch the sample flows from the “US06 Highway” bags and samples to the “US06 City” bags and samples, switch off gas flow measuring device No. 2 (and the petroleum-fueled diesel hydrocarbon integrator No. 2 and mark the petroleum-fueled diesel hydrocarbon recorder chart if applicable), and start gas flow measuring device No. 1 (and the petroleum-fueled diesel hydrocarbon integrator No. 1 if applicable). Before the acceleration which is scheduled to occur at 500 seconds, record the measured roll or shaft revolutions and the No. 2 gas meter reading or flow measurement instrument. As soon as possible transfer the “US06 Highway” exhaust and dilution air bag samples to the analytical system and process the samples according to § 86.140-94 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test.
(x) Turn the engine off 2 seconds after the end of the last deceleration (i.e., engine off at 596 seconds).
(xi) Five seconds after the engine stops running, simultaneously turn off gas flow measuring device No. 1 (and the petroleum-fueled diesel hydrocarbon integrator No. 1 and mark the petroleum-fueled diesel hydrocarbon recorder chart if applicable) and position the sample selector valves to the “standby” position. Record the measured roll or shaft revolutions and the No. 1 gas meter reading or flow measurement instrument.
(xii) As soon as possible, transfer the exhaust and dilution air bag samples (or the US06 City exhaust and dilution air bag samples, if applicable) to the analytical system and process the samples according to § 86.140-94 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test.
(xiii) Immediately after the end of the sample period, turn off the cooling fan, close the engine compartment cover, disconnect the exhaust tube
(xiv) The CVS or CFV may be turned off, if desired.
(a)
(b)
(2) Position (vehicle can be driven) the test vehicle on the dynamometer and restrain.
(3) Required SC03 schedule test dynamometer inertia weight class selections are determined by the test vehicles test weight basis and corresponding equivalent weight as listed in the tabular information of § 86.129-00(a) and discussed in § 86.129-00 (e) and (f).
(4) Set the dynamometer test inertia weight and roadload horsepower requirements for the test vehicle (see § 86.129-00 (e) and (f)). The dynamometer's horsepower adjustment settings shall be set such that the force imposed during dynamometer operation matches actual road load force at all speeds.
(5) The vehicle speed as measured from the dynamometer rolls shall be used. A speed vs. time recording, as evidence of dynamometer test validity, shall be supplied at request of the Administrator.
(6) The drive wheel tires may be inflated up to a gauge pressure of 45 psi (310 kPa), or the manufacturer's recommended pressure if higher than 45 psi, in order to prevent tire damage. The drive wheel tire pressure shall be reported with the test results.
(7) The driving distance, as measured by counting the number of dynamometer roll or shaft revolutions, shall be determined for the test.
(8) Four-wheel drive and all-wheel drive vehicles may be tested either in a four-wheel drive or a two-wheel drive mode of operation. In order to test in the two-wheel drive mode, four-wheel drive and all-wheel drive vehicles may have one set of drive wheels disengaged; four-wheel and all-wheel drive vehicles which can be shifted to a two-wheel mode by the driver may be tested in a two-wheel drive mode of operation.
(c)
(1) Drain and fill the vehicle's fuel tank to 40 percent capacity with test fuel. If a vehicle has gone through the drain and fuel sequence less than 72 hours previously and has remained under laboratory ambient temperature conditions, this drain and fill operation can be omitted (see § 86.132-00(c)(2)(ii)).
(2)(i) Position the variable speed cooling fan in front of the test vehicle with the vehicle's hood down. This air flow should provide representative cooling at the front of the test vehicle (air conditioning condenser and engine) during the SC03 driving schedule. See § 86.161-00(e) for a discussion of cooling fan specifications.
(ii) In the case of vehicles with rear engine compartments (or if this front location provides inadequate engine cooling), an additional cooling fan shall be placed in a position to provide sufficient air to maintain vehicle cooling. The fan capacity shall normally not exceed 5300 cfm (2.50 m
(3) Close all vehicle windows.
(4) Connect the emission test sampling system to the vehicle's exhaust tail pipe(s).
(5)(i) Set the environmental test cell ambient test conditions to the conditions defined in § 86.161-00.
(ii) Turn on the solar heating system.
(iii) All vehicle test phases of preconditioning, soak, and the official SC03 test cycle are to be performed in this set of ambient test conditions.
(6) Set the air conditioning system controls as follows:
(i) A/C mode setting at Maximum.
(ii) Airflow setting at Recirculate, if so equipped.
(iii) Fan setting at Highest setting.
(iv) A/C Temperature setting at full cool (for automatic systems set at 72 °F).
(v) Air conditioning controls should be placed in the “on” position prior to vehicle starting so that the air conditioning system is active whenever the engine is running.
(7) Start the vehicle (with air conditioning system on) and conduct a preconditioning cycle as discussed in § 86.132-00(o)(1).
(i) If engine stalling should occur during any air conditioning test cycle operation, follow the provisions of § 86.136-90 (Engine starting and restarting).
(ii) For manual transmission vehicles, the vehicle shall be shifted according the provisions of § 86.128-00.
(8) Following the preconditioning cycle, the test vehicle (and consequently the air conditioning system) and cooling fan(s) are turned off and the vehicle is allowed to soak in the ambient conditions of paragraph (c)(5) of this section for 10 ±1 minutes.
(9) Start engine (with air conditioning system also running). Fifteen seconds after the engine starts, place vehicle in gear.
(10) Eighteen seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule.
(11) Operate the vehicle according to the SC03 driving schedule, as described in appendix I, paragraph (h), of this part.
(12) Turn the engine off 2 seconds after the end of the last deceleration (i.e., engine off at 596 seconds).
(d)
(1) Perform the test bench sampling calibration sequence outlined in § 86.140-94 prior to or in conjunction with each series of exhaust emission measurements.
(2) With the sample selector valves in the “standby” position, connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems.
(3) Start the CVS (if not already on), the sample pumps, the temperature recorder, the vehicle cooling fan, and the heated THC analysis recorder (diesel-cycle only). The heat exchanger of the constant volume sampler, if used, petroleum-fueled diesel-cycle THC analyzer continuous sample line should be
(4) Adjust the sample flow rates to the desired flow rate and set the gas flow measuring devices to zero.
(i) For gaseous bag samples (except THC samples), the minimum flow rate is 0.17 cfm (0.08 liters/sec).
(ii) For THC samples, the minimum FID (or HFID in the case of diesel-cycle vehicles) flow rate is 0.066 cfm (0.031 1/sec).
(iii) CFV sample flow rate is fixed by the venturi design.
(5) Attach the exhaust tube to the vehicle tailpipe(s).
(6) Start the gas flow measuring device, position the sample selector valves to direct the sample flow into the exhaust sample bag, the dilution air sample bag, turn on the petroleum-fueled diesel-cycle THC analyzer system integrator, mark the recorder chart, and record both gas meter or flow measurement instrument readings, if applicable.
(7) Start the engine (with air conditioning system also running). Fifteen seconds after the engine starts, place vehicle in gear.
(8) Twenty seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule.
(9) Operate the vehicle according to the SC03 driving schedule.
(10) Turn the engine off 2 seconds after the end of the last deceleration (i.e., engine off at 596 seconds).
(11) Five seconds after the engine stops running, simultaneously turn off gas flow measuring device No. 1 (and the petroleum-fueled diesel hydrocarbon integrator No. 1 and mark the petroleum-fueled diesel hydrocarbon recorder chart if applicable) and position the sample selector valves to the “standby” position. Record the measured roll or shaft revolutions and the No. 1 gas meter reading or flow measurement instrument).
(12) As soon as possible, transfer the exhaust and dilution air bag samples to the analytical system and process the samples according to § 86.140 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test.
(13) Immediately after the end of the sample period, turn off the cooling fan, disconnect the exhaust tube from the vehicle tailpipe(s), and drive the vehicle from dynamometer.
(14) The CVS or CFV may be turned off, if desired.
(e)
The goal of an air conditioning test facility is to simulate the impact of an ambient heat load on the power requirements of the vehicle's air conditioning compressor while operating on a specific driving cycle. The environmental facility control elements that are discussed are ambient air temperature and humidity, minimum test cell size, solar heating, and vehicle frontal air flow.
(a)
(2) Air temperature is recorded continuously at a minimum of 30 second intervals. Records of cell air temperatures and values of average test temperatures are maintained by the manufacturer for all certification related programs.
(b)
(2) Humidity is recorded continuously at a minimum of 30 second intervals. Records of cell humidity and values of average test humidity are maintained by the manufacturer for all certification related programs.
(c)
(2) Test cells with smaller size dimensions may be approved by the Administrator if it can be shown that all of the ambient test condition performance requirements are satisfied.
(d)
(A) Metal halide;
(B) Quartz halogen with dichroic mirrors; and
(C) Sodium iodide.
(ii) The Administrator will approve other types of radiant energy emitters if the manufacturer can show they satisfy the requirements of this section.
(2) The height of the minimal cell size will dictate the type of radiant energy source that will satisfy the spectral distribution and uniformity definitions of this section.
(3) Radiant energy specifications. (i) Simulated solar radiant energy intensity is determined as an average of the two points measured at:
(A) Centerline of the test vehicle at the base of the windshield.
(B) Centerline of the vehicle at the base of the rear window (truck and van location defined as bottom of vertical window or where an optional window would be located).
(ii) The radiant energy intensity set point is 850 ±45 watts/square meter.
(iii) The definition of an acceptable spectral distribution is contained in the following table:
(iv) The angle of incidence of radiant energy is defined as 90 degrees from the test cell floor.
(v) The requirements for measuring the uniformity of radiant energy are:
(A) The radiant energy uniformity tolerance is ±15 percent of the radiant energy intensity set point of 850 watts/square meter.
(B) The uniformity of radiant energy intensity is measured at each point of a 0.5 meter grid over the entire footprint of the test vehicle at the elevation of one meter including the footprint edges.
(C) Radiant energy uniformity must be checked at least every 500 hours of emitter usage or every six months depending on which covers the shorter time period; and every time major changes in the solar simulation hardware occur.
(vi) The radiant energy intensity measurement instrument specifications (minimum) are:
(A) Sensitivity of 9 microvolts per watt/square meter;
(B) Response time of 1 second;
(C) Linearity of ±0.5 percent; and
(D) Cosine of ±1 percent from normalization 0-70 degree zenith angle.
(e)
(1) The minimum air flow nozzle discharge area must be equal or exceed the vehicle frontal inlet area. Optimum discharge area is 18 square feet (4.25×4.25), however, other sizes can be used.
(2) Air flow volumes must be proportional to vehicle speed. With the above optimum discharge size, the fan volume would vary from 0 cubic feet/minute (cfm) at 0 mph to approximately 95,000 cfm at 60 mph. If this fan is also the only source of cell air circulation or if fan operational mechanics make the 0 mph air flow requirement impractical, air flow of 2 mph or less will be allowed at 0 mph vehicle speed.
(3) The fan air flow velocity vector perpendicular to the axial flow velocity vector shall be less than 10 percent of the mean velocity measured at fan speeds corresponding to vehicle speeds of 20 and 40 mph.
(4)(i) Fan axial air flow velocity is measured two feet from nozzle outlet at each point of a one foot grid over the entire discharge area.
(ii) The uniformity of axial flow tolerance is 20 percent of the fan speeds corresponding to vehicle speeds of 20 and 40 mph.
(5) The instrument used to verify the air velocity must have an accuracy of 2 percent of the measured air flow speed.
(6) The fan discharge nozzle must be located 2 to 3 feet from the vehicle and 0 to 6 inches above the test cell floor during air conditioning testing. This applies to non-wind tunnel environmental test cells only.
(7) The design specifications discussed in paragraphs (e)(1) through (e)(5) of this section must be verified by the manufacturer prior to conducting certification air conditioning tests.
The alternative air conditioning test procedures AC1 and AC2 are approved by the Administrator for all light-duty vehicles and light-duty trucks only for the model years of 2000, 2001, and 2002. To obtain Administrator approval of other simulation test procedures a manufacturer must satisfy the requirements of paragraph (a) of this section and meet the requirements of § 86.163-00. Air conditioning tests AC1 and AC2 are simulations of the environmental test cell air conditioning test discussed in § 86.160-00. AC1 simulates, in standard test cell ambient conditions and with the air conditioning off, the exhaust emission results of air conditioning operation in an environmental test cell by adding additional power requirements to roadload dynamometer requirements. AC2 simulates, in standard test cell ambient conditions and with the air conditioning controls in the heat position, the exhaust emission results of air conditioning operation in an environmental test cell by adding a heat load to the passenger compartment. The only differences between the test activities described in § 86.160-00 and those for AC1 and AC2 occur as the result of how the effect of the environmental cell ambient test conditions, defined in § 86.160-00(c)(5)(i), are simulated in a standard test cell nominal ambient conditions of 76 °F and 50 grains of water/pound of dry air. Paragraph (a) of this section discusses the procedure by which a manufacturer can obtain Administrator approval of other air conditioning test simulation procedures. Paragraph (b) of this section describes the AC1 test procedure and paragraph (c) of this section describes the AC2 test procedure.
(a) Upon petition from a manufacturer or upon the Agency's own initiative, the Administrator will approve a simulation of the environmental cell for air conditioning test (SC03) described in § 86.160-00 providing that the procedure can be run by the Administrator for SEA and in-use enforcement testing and providing that the criteria of paragraphs (a)(1)(2), and (3) of this section are satisfied.
(1) In deciding whether approvals will be granted, the Administrator may consider data showing how well the simulation matches environmental cell test data for the range of vehicles to be covered by the simulation including items such as the tailpipe emissions, air conditioning compressor load, and fuel economy.
(2) The Administrator has approved test procedures AC1 and AC2 for only the model years of 2000, 2001, and 2002.
(3) Excluding the AC1 and AC2 procedures described in paragraphs (b) and (c) of this section for model years 2000, 2001, and 2002, for any simulation approved under paragraph (a) of this section, the manufacturer must agree to be subject to an ongoing yearly correlation spot check as described in § 86.163-00.
(4) Once a simulation is approved and used by a manufacturer for testing for a given vehicle, EPA agrees to use the simulation test procedure for all official testing conducted on that vehicle by the Agency for certification, SEA, and recall purposes, excluding spot check testing and vehicles which fail the spot check criteria as described in § 86.163-00.
(5) EPA will moniter the aggregate results of spot check testing and full
(b)
(2) Section 86.160-00(b) is applicable to the AC1 test procedure except that the dynamometer horsepower settings procedure of § 86.160-00(b)(4) is expanded to include a horsepower increase adjustment.
(i) The following describes one acceptable method of obtaining the required compressor horsepower and the corresponding roadload equivalent horsepower adjustment. Air compressor horsepower is measured during a SC03 air conditioning test cycle while operating in an environmental test cell as described in § 86.160-00.
(A) Install an air conditioning (A/C) compressor with a strain-gauged input shaft that measures shaft torque in foot pounds. Other measurement techniques that produce data that can be shown will estimate A/C compressor horsepower are also acceptable.
(B) Obtain the engine crankshaft to A/C compressor pulley diameter (D) ratio (ACPR) as:
(C) Record the following parameters, as a function of accumulated time (t), at least once per second from second 0 to second 600 while driving the SC03 cycle with the air conditioning system operating.
(
(
(D) For each second of data recorded from paragraph (b)(2)(i)(C) of this section, calculate compressor horsepower (CHP
(E) For each second of accumulated time and the data of paragraph (b)(2)(i) (B) and (D) of this section, determine a value of air conditioning compressor roadload force (ACRF
(F) Values of (ACRF
(ii) The method by which the values of (ACRF
(iii) For those calculated values of (ACRF
(iv) Values of (ACRF
(v) Values of (ACRF
(vi) Test results, calculations, and dynamometer setting values associated with making these roadload determinations are to be retained by the manufacturer as part of their certification records.
(3) Perform the SC03 air conditioning test sequence as described in § 86.160-00(c) with the following exceptions:
(i) The variable speed cooling fan of § 86.160-00(c)(2)(ii) is replaced with the fixed speed cooling fan requirements of § 86.159-00(b).
(ii) The position of vehicle windows is optional.
(iii) The nominal ambient air test conditions of § 86.160-00(b)(5)(i) (A) and (B) are replaced with 76 °F and 50 grains of water/pound of dry air and the solar heat load of § 86.160-00(b)(5)(i)(C) is omitted.
(iv) The air conditioning system is not operated during the SC03 test cycle. Operation of the air conditioning during preconditioning test cycles is optional.
(4) Section 86.160-00(d) is applicable to the AC1 test procedure.
(5)
(c)
(2) Section 86.160-00(b) is applicable to the AC2 test procedure.
(3) Section 86.160-00(c) is applicable except for the following:
(i) Section 86.160-00(c)(3) is applicable except the drivers side front window is left open and all the others are closed.
(ii) The nominal ambient air test conditions of § 86.160-00(b)(5)(i) (A) and (B) are replaced with 76 °F and 50 grains of water/pound of dry air and the solar heat load of § 86.160-00(b)(5)(i)(C) is omitted.
(iii) The control position instruction of § 86.160-00(c)(6)(iv) is replaced with set the A/C temperature control to the highest warm position (maximum for automatic systems).
(4) Section 86.160-00(d) is applicable to the AC2 test procedure.
(5)
(a) Upon petition from a manufacturer or upon the Agency's own initiative, the Administrator will approve a simulation of the environmental cell for air conditioning test (SC03) described in § 86.160-00 providing that the procedure can be run by the Administrator for SEA and in-use enforcement testing and providing that the following criteria are met:
(1) In deciding whether approvals will be granted, the Administrator will consider data showing how well the simulation matches environmental cell test data for the range of vehicles to be covered by the simulation including items such as the tailpipe emissions, air conditioning compressor load, and fuel economy.
(2) For any simulation approved under paragraph (a) of this section, the manufacturer must agree to be subject to an ongoing yearly correlation spot check as described in § 86.163-00.
(3) Once a simulation is approved and used by a manufacturer for testing for a given vehicle, EPA agrees to use the simulation test procedure for all official testing conducted on that vehicle by the Agency for certification, SEA, and recall purposes, excluding spot
(4) EPA will moniter the aggregate results of spot check testing and full environmental test cells. If EPA determines, based on such aggregate results, that any simulation is producing test results consistantly below those from a full environmental test cell, EPA may review its approval of the simulation.
(b) [Reserved]
This section is applicable for vehicles which are tested using a simulation of the environmental test cell approved under the provisions of § 86.162-00(a).
(a) The Administrator may select up to five emission data vehicles (one emission data vehicle for small volume manufacturers), including vehicles submitted for running change approval, each model year for any manufacturer undergoing the spot checking procedures of this section.
(b) Testing conducted under this section (including testing performed in an environmental test cell) will be considered as official data as described in § 86.091-29 and used in determining compliance with the standards. Such testing must comply with all applicable emission standards of subpart A of this part. Retests for the purpose of emission compliance will be allowed using the procedures described in § 86.091-29.
(c)
(2) An air conditioning emission test will be performed as described in § 86.162-00 in a full environmental test cell.
(i) The results of the original simulation test and the full environmental test cell required in paragraph (c)(1) of this section are compared. In order to pass the spot check, the test results must pass both the following two criteria:
(A) The NO
(B) The fuel consumption of the simulation test must be at least 95% of the fuel consumption of the environmental chamber test.
(ii) If either of two criteria of paragraph (c)(2)(i) of this section were not met, a retest is allowed. The manufacturer may elect to conduct either a retest of the simulation procedure or the environmental chamber testing. In order to pass the spot check, the test results must pass both the following two criteria using the retest test result.
(A) The NO
(B) The fuel consumption of the simulation test must be at least 95% of the fuel consumption of the environmental chamber test.
(iii) If either of the two criteria of paragraph (c)(2)(ii) of this section were not met, a second retest is allowed. The procedure not selected for the first retest must be used for the second retest, yielding two test results for each procedure. In order to pass the spot check, the test results must pass both the following two criteria using the average test result for each procedure:
(A) The NO
(B) The fuel consumption of the simulation test must be at least 95% of the fuel consumption of the environmental chamber test.
(iv) If the spot check criteria have not passed after any of the initial test, the first retest, or the second retest the spot check is considered failed.
(d)
(2) The Administrator will allow up to 60 days for the manufacturer to supply additional data addressing the correlation of the simulation with a full environmental test cell.
(i) If that data prove to the satisfaction of the Administrator that the simulation produces results that correlate sufficiently with the environmental test chamber, the Administrator may allow the continued use of the simulation.
(ii) Otherwise, the Administrator will determine that the simulation fails to meet adequate correlation levels with full environmental testing. As a consequence of this finding, all future air conditioning emission testing on the population of vehicles represented by the failing-spot-check test vehicle (which may include past model year configurations) will be conducted using an environment chamber or a different (or corrected) approved simulation procedure.
(iii) For each vehicle that fails a spot check, the Administrator may select up to two additional vehicles to test for the spot check that do not count against the five vehicle limit of paragraph (a) of this section.
(e) EPA will monitor the aggregate results of spot check testing and full environmental test cells. If EPA determines, based on such aggregate results, that any simulation (other than the AC1 and AC2 procedures described in paragraphs (b) and (c) of this section for the 2000, 2001, and 2002 model years) is producing test results consistently below those from a full environmental test cell, EPA may review its approval of the simulation.
(a) The provisions of § 86.144-94 (b) and (c) are applicable to this section except that the NO
(b) The provisions of § 86.144-94(a) are applicable to this section. These provisions provide the procedures for determining the weighted mass emissions for the FTP test schedule (Y
(c)(1) When the test vehicle is equipped with air conditioning, the final reported test results for the SFTP composite (NMHC+NO
Where:
(A) Y
(B) Y
(C) Y
(D) Y
(ii) Composite (NMHC=NO
(A) Y
(B) Y
(2) When the test vehicle is not equipped with air conditioning, the relationship of paragraph (c)(1)(i) of this section is:
(i) Y
(A) Y
(B) Y
(C) Y
(ii) Composite (NMHC+NO
(A) Y
(B) Y
(d) The NO
(a) The provisions of § 86.144-94 (b) and (c) are applicable to this section except that the NO
(b) The provisions of § 86.144-94(a) are applicable to this section. These provisions provide the procedures for determining the weighted mass emissions for the FTP test schedule (Y
(c)(1) When the test vehicle is equipped with air conditioning, the final reported test results for the SFTP composite (NMHC+NO
(2) When the test vehicle is not equipped with air conditioning, the final reported test results for the SFTP composite (NMHC+NO
(d) The NO
(a) This subpart describes procedures for determining the cold temperature carbon monoxide (CO) emission from 1994 and later model year new gasoline-fueled light-duty vehicles and light-duty trucks.
(b) All of the provisions of this subpart are applicable to testing conducted at a nominal temperature of 20 °F (−7 °C).
(c) The provisions that are specially applicable to testing at temperatures between 25 °F (−4 °C) and 68 °F (20 °C) are specified in § 86.246-94 of this subpart.
(a) This subpart describes procedures for determining the cold temperature carbon monoxide (CO) emissions from 1994 and later model year new gasoline-fueled light-duty vehicles and light-duty trucks, and for emissions sampling for determining fuel economy according to part 600 of this chapter for 2011 and later model year new gasoline-fueled and diesel-fueled light-duty vehicles and light-duty trucks.
(b) All of the provisions of this subpart are applicable to testing conducted at a nominal temperature of 20 °F (−7 °C).
(c) The provisions that are specifically applicable to testing at temperatures between 25 °F (−4 °C) and 68 °F (20 °C) are specified in § 86.246-94 of this subpart.
The definitions in subpart A of this part apply to this subpart.
The abbreviations in subpart A of this part apply to this subpart.
(a) In the section number, the two digits following the hyphen designate the first model year for which a section is effective. A section remains effective until superseded.
(b)
(a) This subpart describes the equipment required and the procedures to follow in order to perform gaseous exhaust emission tests on gasoline-fueled and petroleum-fueled diesel cycle (where applicable under part 600 of this chapter) light-duty vehicles and light-duty trucks. Subpart A of this part sets forth testing requirements and test intervals necessary to comply with EPA certification procedures.
(b) A section reference without a model year suffix refers to the section applicable for the appropriate model years.
(c) Three topics are addressed in this subpart. Sections 86.206 through 86.215 set forth specifications and equipment requirements; §§ 86.216 through 86.226 discuss calibration methods and frequency; test procedures and data requirements are listed (in approximate order of performance) in §§ 86.227 through 86.245.
(a) This subpart describes the equipment required and the procedures to follow in order to perform gaseous exhaust emission tests on gasoline-fueled light-duty vehicles and light-duty trucks. Subpart A of this part sets forth testing requirements and test intervals necessary to comply with EPA certification procedures.
(b) A section reference without a model year suffix refers to the section applicable for the appropriate model years.
(c) Three topics are addressed in this subpart. Sections 86.206 through 86.215 set forth specifications and equipment requirements; §§ 86.216 through 86.226 discuss calibration methods and frequency; test procedures and data requirements are listed (in approximate order of performance) in §§ 86.227 through 86.245.
This subpart contains procedures for exhaust emission tests on gasoline-fueled and petroleum-fueled diesel cycle (where applicable under part 600 of this chapter) light-duty vehicles and light-duty trucks. Equipment required and specifications are as follows:
(a)
(b)
This subpart contains procedures for exhaust emission tests on gasoline-fueled light-duty vehicles and light-duty trucks. Equipment required and specifications are as follows:
(a)
(b)
(a) For testing that is conducted by the Administrator, the dynamometer shall have a single roll with a nominal diameter of 48 inches (1.22 meters), an electrical power absorption unit for simulation of road load power, flywheels or other means for simulating the inertia weight as specified in § 86.229, and a roll or shaft revolution counter or other means for determining distance driven.
(b) For certification testing that is conducted by the manufacturer, a dynamometer with different characteristics may be used provided cold CO emissions are not decreased.
The provisions of § 86.109-90 apply to this subpart.
(a)
(1) Petroleum-fueled diesel-cycle vehicles require a heated flame ionization detector (HFID) (375 °±20 °F (191 °±11 °C)) sample for total hydrocarbon (THC) analysis. The HFID sample must be taken directly from the diluted exhaust stream through a heated probe and continuously integrated measurement of diluted THC is required. Unless compensation for varying mass flow is made, a constant mass flow system must be used to ensure a proportional THC measurement.
(2) For natural gas-fueled and liquefied petroleum gas-fueled diesel vehicles either a heated flame ionization detector (HFID) [375°±20 °F (191°±11 °C)] or a non-heated flame ionization detector may be used for hydrocarbon analysis.
(3) Other sampling systems may be used if shown to yield equivalent or superior results and if approved in advance by the Administrator.
(b)
(1) The PDP system shall conform to all of the requirements listed for the exhaust gas PDP-CVS (§ 86.109-94(a)(3)).
(2) The CFV-CVS sample system shall conform to all of the requirements listed for the exhaust gas EFC sample system (§ 86.109-94(a)(5)).
(3) The THC probe (when the THC probe is required) shall be:
(i) Installed at a point where the dilution air and exhaust are well mixed.
(ii) Heated and insulated over the entire length to maintain a 375 °±20 °F (191 °±11 °C) wall temperature.
(iii) 0.19 in. (0.48 cm) minimum inside diameter.
(4) It is intended that the THC probe be free from cold spots (i.e., free from spots where the probe wall temperature is less than 355 °F). This will be determined by a temperature sensor located on a section of the probe wall outside of the walls of the sampling system. The temperature sensor shall be insulated from any heating elements on the probe. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(5) The dilute exhaust gas flowing in the THC sample system shall be:
(i) At 375 °F±10 °F (191 °C±6 °C) immediately before the heated filter. This will be determined by a temperature sensor located immediately upstream of the filter. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(ii) At 375 °F±10 °F (191 °C ±6 °C) immediately before the HFID. This will be determined by a temperature sensor located at the exit of the heated sample line. The sensor shall have an accuracy and precision of ±2 °F (1.1 °C).
(6) It is intended that the dilute exhaust gas flowing in the THC sample system be between 365 °F and 385 °F (185 °C and 197 °C).
(7) The requirements for the continuous HC measurement system are as follows:
(i) The system must use an “overflow” zero and span system. In this type of system, excess zero or span gas spills out of the probe when zero and span checks of the analyzer are made. The “overflow” system may also be used to calibrate the HC analyzer per § 86.1321(b), although this is not required.
(ii) No other analyzers may draw a sample from the continuous HC sample probe, line or system, unless a common sample pump is used for all analyzers and the sample line system design reflects good engineering practice.
(iii) The overflow gas flow rates into the sample line shall be at least 105% of the sample system flow rate.
(iv) The overflow gases shall enter the heated sample line as close as practicable to the outside surface of the CVS duct or dilution tunnel.
The provisions of § 86.111-94 apply to this subpart, except that the NO
Gasoline having the following specifications will be used by the Administrator except that the Administrator will not use gasoline having a sulfur specification higher than 0.0045 weight percent. Gasoline having the specifications set forth in the table in this section, or substantially equivalent specifications approved by the Administrator, may be used by the manufacturer except that the octane specification does not apply. In lieu of using gasoline having these specifications, the manufacturer may, for certification testing, use gasoline having the specifications specified in § 86.113-04 provided the cold CO emissions are not decreased. Documentation showing that cold CO emissions are not decreased must be maintained by the manufacturer and must be made available to the Administrator upon request. The table listing the cold CO fuel specifications described in the text in this section follows:
(a)
(b)
Gasoline having the following specifications will be used by the Administrator. Gasoline having the specifications set forth in the table in this section, or substantially equivalent specifications approved by the Administrator, may be used by the manufacturer except that the octane specification does not apply. In lieu of using gasoline having these specifications, the manufacturer may, for certification testing, use gasoline having the specifications specified in § 86.113-90 provided the cold CO emissions are not decreased. Documentation showing that cold CO emissions are not decreased shall be maintained by the manufacturer and shall be made available to the Administrator upon request.
The provisions of § 86.114-94 apply to this subpart.
The provisions of § 86.115-78 apply to this subpart.
The provisions of § 86.116-94 apply to this subpart.
The provisions of § 86.118-78 apply to this subpart.
The provisions of § 86.119-90 apply to this subpart.
The provisions of § 86.121-90 apply to this subpart.
The provisions of § 86.122-78 apply to this subpart.
The provisions of § 86.123-78 apply to this subpart if NO
The provisions of § 86.124-78 apply to this subpart.
The provisions of § 86.126 apply to this subpart.
The provisions of § 86.127-94 (a), (b), and (e) apply to this subpart.
The provisions of § 86.128-79 apply to this subpart.
(a) Flywheels, electrical forces, or other means of simulating test weight as shown in the table in this paragraph shall be used. If the equivalent test weight specified is not available on the dynamometer being used, the next higher equivalent test weight (not to exceed 250 pounds) available shall be used. Light-duty vehicles over 5750 lbs. loaded vehicle weight shall be tested at a 5,500 lb. equivalent test weight.
(b) A dynamometer which meets the specifications of § 86.208-94(a) shall be adjusted to simulate the operation of a vehicle on the road at 20 °F (−7 °C). Such adjustment may be based on a determination of the road load force profile at 20 °F (−7 °C). Alternatively, the adjustment may be based on a 10 percent decrease in the target coastdown time that is used for FTP testing.
(a)
(b)
(c)
(2) The ambient temperature reported shall be a simple average of the test cell temperatures measured at constant intervals no more than one minute apart. Before the driving cycle may begin, the test cell temperature shall be 20 °F ±3 °F (−7 °C ±1.7 °C) when measured in accordance with paragraph (e)(2) of this section. The temperature may not exceed 25 °F (−4 °C) or fall below 15 °F (−9 °C) for more than three consecutive minutes during the test.
(d)
(e)
(2) In lieu of using a separate fan, an air handling system that is integral with the test cell may be used provided comparable air movement is obtained. The cooling air temperature shall be measured in the center of a vertical plane that is located approximately 2 feet in front of the vehicle.
(3) The manufacturer may use, for certification testing, alternative engine compartment cooling fans or systems, including those which provide a variable air flow, if the manufacturer has determined that comparable results are obtained.
(f)
(1) Manually controlled systems. (i) Prior to the first acceleration of the test at T=20 seconds the climate control settings shall be set as follows (these settings may be initiated prior to starting the vehicle if allowed by the vehicle's climate control system):
(A) Temperature: Manually operated systems shall be set to maximum heat. Automatic systems optionally using the provisions of this paragraph (f)(1) shall be set to 72 degrees F or higher.
(B) Fan speed: Full off, or if a full off position is not available, to the lowest available speed.
(C) Airflow direction: Airflow directed to the front window (window defrost mode). Based on good engineering judgment, an alternative vent setting may be used if necessary to achieve the temperature and fan speed settings in this paragraph (f)(1).
(D) Air source: If independently controllable, the airflow source control shall be set to the position which draws outside air.
(ii) At the second idle of the test cycle, which occurs at the first deceleration to zero miles per hour at T=125 seconds, the fan speed shall be set to maximum, and, if not already set in this position, the airflow shall be directed fully to the front window in the window defrost mode. Temperature and air source settings shall remain as set in paragraph (f)(1) of this section. These settings shall be completed by T=130 seconds.
(iii) At the sixth idle of the test cycle, which occurs at the deceleration to zero miles per hour at T=505 seconds, the fan speed shall be set to the lowest setting that maintains air flow. This setting shall be completed by T=510 seconds. Based on good engineering judgment, the manufacturer may use alternative vent and/or higher fan speed settings for the remainder of the test. Temperature and air source settings shall remain as set in paragraph (f)(1)(i) of this section for the remainder of the test.
(2) Automatic systems. Automatic systems may use either the provisions in paragraph (f)(1) of this section or manufacturers may set the temperature at 72 degrees F and the air flow control to the front window defroster mode for the entire duration of the test.
(3) Multiple-zone systems. For vehicles with separate driver and passenger controls, or for vehicles with separate controls for the front seating region and for the passenger region behind the driver, all sets of temperature and fan controls shall be set according to paragraphs (f)(1) through (f)(3) of this section.
(4) Alternative test procedures. The Administrator may approve the use of other settings under § 86.1840-01 if, for example, a vehicle's climate control system is not compatible with the provisions of this section.
(a)
(b)
(c)
(2) The ambient temperature reported shall be a simple average of the test cell temperatures measured at constant intervals no more than one minute apart. Before the driving cycle may begin, the test cell temperature shall be 20 °F±3 °F (−7 °C±1.7 °C) when measured in accordance with paragraph (e)(2) of this section. The temperature may not exceed 25 °F (−4 °C) or fall below 15 °F (−9 °C) for more than three consecutive minutes during the test.
(d)
(e)
(2) In lieu of using a separate fan, an air handling system that is integral with the test cell may be used provided comparable air movement is obtained. The cooling air temperature shall be measured in the center of a vertical plane that is located approximately 2 feet in front of the vehicle.
(3) The manufacturer may use, for certification testing, alternative engine compartment cooling fans or systems, including those which provide a variable air flow, if the manufacturer has determined that comparable results are obtained.
(f)
The provisions of § 86.131-90 apply to this subpart.
(a) The vehicle shall be moved to the test area and the following operations performed:
(1) The fuel tank(s) shall be filled to approximately the prescribed “tank fuel volume” with the test fuel specified § 86.213. If the existing fuel in the fuel tank(s) does not meet the specifications contained in § 86.213, the existing fuel must be drained prior to the fuel fill. The test fuel shall be at a temperature less than or equal to 60 °F. For the operations in this paragraph (a)(1), the evaporative emission control system shall neither be abnormally purged nor abnormally loaded.
(2) For operation on a 48-inch (1.22 metre) diameter single roll dynamometer, the drive wheel tires shall be inflated to the pressure recommended by the tire manufacturer. For operation on a twin-roll dynamometer, the drive wheel tires may be inflated to a gauge pressure of 40 psi (276 kPa). The drive wheel tire pressures shall be reported with the test results.
(3) The fuel in the vehicle shall be stabilized at 20 F°±10 °F (−7 °C±5.6 °C) prior to the start of the driving cycle except when vehicle peconditioning is performed in accordance with paragraph (a)(7) of this section.
(4) The vehicle shall be placed, either by being driven or pushed, on a dynamometer and operated through one UDDS cycle.
(5) For those unusual circumstances where additional preconditioning is desired by the manufacturer, such preconditioning may be allowed with the advance approval of the Administrator.
(6) The Administrator may also choose to conduct additional preconditioning. The additional preconditioning shall consist of one or more
(7) The manufacturer may, for certification testing, precondition vehicles at temperatures above 20 °F (−7 °C) and with temperature tolerances greater than those specified in § 86.230(a) if the manufacturer has determined that such preconditioning does not decrease CO emissions during the testing specified in § 86.237.
(b) Within five minutes of completion of preconditioning, the vehicle shall be shut off. During this five minute period, the vehicle shall not experience ambient temperatures less than 10 °F (−12 °C) nor more than 30 °F (−1 °C).
(c) One of the following two methods shall be utilized to stabilize the vehicle before the emissions test:
(1)
(2)
(ii) Vehicle cooling may be accomplished by either force-cooling or force-warming the vehicle to the test temperature. If cooling is augmented by fans, the fans shall be placed in a vertical position for maximum drive train and engine cooling, not primarily oil pan cooling. Fans shall not be placed under the vehicle.
(iii) The ambient temperature need only be stringently controlled after the vehicle has been cooled to 20 °F±3 °F (−7 °C±1.7 °C), as determined by a representative bulk oil temperature. A representative bulk oil temperature is the temperature of the oil measured near the middle of the oil, not at the surface or at the bottom of the oil pan. If two or more diverse locations in the oil are monitored, they must all meet the temperature requirements.
(iv) The vehicle must be stored for at least one hour after it has been cooled to 20 °F±3 °F (−7 °C±1.7 °C) prior to the cold start exhaust test. The ambient temperature (dry bulb) during this period shall average 20 °F±5 °F (−7 °C±2.8 °C) and shall not be less than 10 °F (−12 °C) nor more than 30 °F (−1 °C). In addition, the temperature may not exceed 25 °F (−4 °C) or fall below 15 °F (−9 °C) for more than three consecutive minutes.
(d) If the vehicle is stabilized at 20 °F (−7 °C) in a separate area and is moved through a warm area to the test cell, the vehicle must be restabilized in the test cell for at least six times the period the vehicle is exposed to warmer temperatures. The ambient temperature (dry bulb) during this period shall average 20 °F±5 °F (−7 °C±2.8 °C) and shall not be less than 10 °F (−12 °C) nor more than 30 °F (−1 °C). In addition, the temperature may not exceed 25 °F (−4 °C) or fall below 15 °F (−9 °C) for more than three consecutive minutes. The maximum time for moving a vehicle through a warm area shall be 10 minutes.
(a)
(b) As long as an emission sample is not taken, practice runs over the prescribed driving schedule may be performed at test point for the purpose of finding the minimum throttle action to maintain the proper speed-time relationship or to permit sampling system adjustment.
(c) Humidity should be set low enough to prevent condensation on the dynamometer rolls.
(d) The dynamometer shall be warmed as recommended by the dynamometer manufacturer and using procedures or control methods that assure stability of the residual frictional horsepower.
(e) The time between dynamometer warming and the start of the emission test shall be no longer than 10 minutes if the dynamometer bearings are not independently heated. If the dynamometer bearings are independently heated, the emission test shall begin no longer than 20 minutes after dynamometer warming.
(f) If the dynamometer horsepower must be adjusted manually, it shall be set within one hour prior to the exhaust emission test phase. The test vehicle shall not be used to make the adjustment. Dynamometers using automatic control of preselectable power settings may be set anytime prior to the beginning of the emission test.
(g) The driving distance, as measured by counting the number of dynamometer roll or shaft revolutions, shall be determined for the transient cold start, stabilized cold start, and transient hot start phases of the test.
(h) Four-wheel drive vehicles will be tested in a two-wheel drive mode of operation. Full-time four-wheel drive vehicles will have one set of drive wheels temporarily disengaged by the vehicle manufacturer. Four-wheel drive vehicles which can be manually shifted to a two-wheel drive mode will be tested in the normal on-highway two-wheel drive mode of operation.
The provisions of § 86.136 apply to this subpart.
(a) The complete dynamometer test consists of a cold start drive of approximately 7.5 miles (12.1 kilometers) and a hot start drive of approximately 3.6 miles (5.8 kilometers).
(b) If the preconditioned vehicle is not already on the dynamometer, it shall be pushed into position.
(c) The vehicle is allowed to stand on the dynamometer during the ten minute time period between the cold and hot start test. The cold start test is divided into two periods. The first period, representing the cold start “transient” phase, terminates at the end of the deceleration which is scheduled to occur at 505 seconds of the driving schedule. The second period, representing the “stabilized” phase, consists of the remainder of the driving schedule, including engine shutdown. The hot start test is identical to the first part or transient phase of the cold start test. Therefore, the hot start test terminates after the first period (505 seconds) is run.
(d) The dynamometer run consists of two tests, a cold start test, after a minimum 12-hour and a maximum 36-hour soak according to the provisions of § 86.132, and a hot start test following the cold start test by 10 minutes. The vehicle shall be stored prior to the emission test in such a manner that precipitation (e.g., rain or dew) does not occur on the vehicle. The complete dynamometer test consists of a cold start drive of 7.5 miles (12.1 km) and simulates a hot start drive of 7.5 miles (12.1 km). The vehicle is allowed to stand on the dynamometer during the 10 minute time period between the cold and hot start tests. The cold start test is divided into two periods. The first period, representing the cold start “transient” phase, terminates at the end of the deceleration which is scheduled to occur at 505 seconds of the driving schedule. The second period, representing the “stabilized” phase, consists of the remainder of the driving schedule including engine shutdown.
(e) The following steps shall be taken for each test:
(1) Place drive wheels of vehicle on dynamometer without starting engine.
(2) Open the vehicle engine compartment cover and position the cooling fan.
(3) For all vehicles, with the sample selector valves in the “standby” position, connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems.
(4) For methanol-fueled vehicles, with the sample selector valves in the “standby” position, insert fresh sample collection impingers into the methanol sample collection system, fresh impingers or a fresh cartridge into the formaldehyde sample collection system and fresh impingers (or a single cartridge for formaldehyde) into the dilution air sample collection systems for methanol and formaldehyde (background measurements of methanol and formaldehyde may be omitted and concentrations assumed to be zero for calculations in § 86.144).
(5) Start the CVS (if not already on), the sample pumps (except the particulate sample pump, if applicable), the temperature recorder, the vehicle cooling fan, and the heated THC analysis recorder (diesel-cycle only). (The heat exchanger of the constant volume sampler, if used, petroleum-fueled diesel-cycle THC analyzer continuous sample line and filter, methanol-fueled vehicle THC, methanol and formaldehyde sample lines, if applicable, should be preheated to their respective operating temperatures before the test begins).
(6) Adjust the sample flow rates to the desired flow rate and set the gas flow measuring devices to zero.
(i) For gaseous bag samples (except THC samples), the minimum flow rate is 0.17 cfm (0.08 1/sec).
(ii) For THC samples, the minimum FID (or HFID in the case of diesel-cycle and methanol-fueled Otto-cycle vehicles) flow rate is 0.066 cfm (0.031 1/sec).
(iii) For methanol samples, the flow rates shall be set such that the system meets the design criteria of § 86.109 and § 86.110. For samples in which the concentration in the primary impinger exceeds 0.5 mg/l, it is recommended that the mass of methanol collected in the secondary impinger not exceed ten percent of the total mass collected. For samples in which the concentration in the primary impinger does not exceed 0.5 mg/l, analysis of the secondary impingers is not necessary.
(iv) For formaldehyde samples, the flow rates shall be set such that the system meets the design criteria of § 86.109 and § 86.110. For impinger samples in which the concentration of formaldehyde in the primary impinger exceeds 0.1 mg/l, it is recommended that the mass of formaldehyde collected in the secondary impinger not exceed ten percent of the total mass collected. For samples in which the concentration in the primary impinger does not exceed 0.1 mg/l, analysis of the secondary impingers is not necessary.
(7) Attach the exhaust tube to the vehicle tailpipe(s).
(8) Start the gas flow measuring device, position the sample selector valves to direct the sample flow into the “transient” exhaust sample bag, the “transient” methanol exhaust sample, the “transient” formaldehyde exhaust sample, the “transient” dilution air sample bag, the “transient” methanol dilution air sample and the “transient” formaldehyde dilution air sample (turn on the petroleum-fueled diesel-cycle THC analyzer system integrator, mark the recorder chart and record both gas meter or flow measurement instrument readings, if applicable), turn the key on, and start cranking the engine.
(9) Fifteen seconds after the engine starts, place the transmission in gear.
(10) Twenty seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule.
(11) Operate the vehicle according to the Urban Dynamometer Driving Schedule (§ 86.115).
During particulate testing, if applicable, adjust the flow rate through the particulate sample probe to maintain a constant value within ±5 percent of the set flow rate. Record the average temperature and pressure at the gas meter or flow instrument inlet. If the set flow rate cannot be maintained because of high particulate loading on the filter, the test shall be terminated. The test shall be rerun using a lower flow rate, or larger diameter filter, or both.
(12) At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously switch the sample flows from the “transient” bags and samples to the “stabilized” bags and samples, switch off gas flow measuring device No. 1, switch off the No. 1 petroleum-fueled diesel hydrocarbon integrator, mark the petroleum-fueled diesel hydrocarbon recorder chart, start gas flow measuring device No. 2, and start the petroleum-fueled diesel hydrocarbon integrator No. 2. Before the acceleration which is scheduled to occur at 510 seconds, record the measured roll or shaft revolutions and reset the counter or switch to a second counter. As soon as possible transfer the “transient” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample collection phase of the test.
(13) Turn the engine off 2 seconds after the end of the last deceleration (at 1,369 seconds).
(14) Five seconds after the engine stops running, simultaneously turn off gas flow measuring device No. 2 and if applicable, turn off the hydrocarbon integrator No. 2, mark the hydrocarbon recorder chart and position the sample selector valves to the “standby” position (and open the valves isolating particulate filter No. 1, if applicable). Record the measured roll or shaft revolutions (both gas meter or flow measurement instrumentation readings), and reset the counter. As soon as possible, transfer the “stabilized” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140, obtaining a stabilized reading of the exhaust bag sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample period. (If it is not possible to perform analysis on the methanol and formaldehyde samples within 24 hours, the samples should be stored in a dark cold (4-10 °C) environment until analysis. The samples should be analyzed within fourteen days.)
(15) Immediately after the end of the sample period, turn off the cooling fan and close the engine compartment cover.
(16) Turn off the CVS or disconnect the exhaust tube from the tailpipe(s) of the vehicle.
(17) Repeat the steps in paragraphs (b)(2) through (b)(2) of this section for the hot start test, except only two evacuated sample bags, two methanod sample impringers, and two formaldehyde sample impingers are required. The step in paragraph (b)(9) of this section shall begin between 9 and 11 minutes after the end of the sample period for the cold start test.
(18) At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously turn off gas flow measuring device No. 1 (and the petroleum-fueled diesel hydrocarbon integrator No. 1, mark the petroleum-fueled diesel hydrocarbon recorder chart) and position the sample selector valve to the “standby” position. (Engine shutdown is not part of the hot start test sample period.) Record the measured roll or shaft revolutions (and the No. 1 gas meter reading or flow measurement instrument). (Carefully remove the third pair of particulate sample filters from its holder and place in a clean petri dish and cover, if applicable.)
(19) As soon as possible, transfer the hot start “transient” exhaust and dilution air samples to the analytical system and process the samples according to § 86.140, obtaining a stabilized reading of the exhaust bag sample on all analyzers within 20 minutes of the end of the sample collection phase of the
(20) Disconnect the exhaust tube from the vehicle tailpipe(s) and drive the vehicle from dynamometer.
(21) The CVS or CFV may be turned off, if desired.
(22) Vehicles to be tested for evaporative emissions will proceed according to § 86.138. For all others this completes the test sequence.
(a) The complete dynamometer test consists of a cold start drive of approximately 7.5 miles (12.1 kilometers) and a hot start drive of approximately 3.6 miles (5.8 kilometers).
(b) If the preconditioned vehicle is not already on the dynamometer, it shall be pushed into position.
(c) The vehicle is allowed to stand on the dynamometer during the ten minute time period between the cold and hot start test. The cold start test is divided into two periods. The first period, representing the cold start “transient” phase, terminates at the end of the deceleration which is scheduled to occur at 505 seconds of the driving schedule. The second period, representing the “stabilized” phase, consists of the remainder of the driving schedule, including engine shutdown. The hot start test is identical to the first part or transient phase of the cold start test. Therefore, the hot start test terminates after the first period (505 seconds) is run.
(d) The provisions of § 86.137(b) apply to this subpart.
The provisions of § 86.140 apply to this subpart.
The provisions of § 86.142-90 apply to this subpart.
The provisions of § 86.144-94 apply to this subpart, except that NO
(a) This section is applicable to tests which are conducted at an intermediate temperature as defined in § 86.094-2.
(b) For testing during ambient temperatures of less than 50 °F (10 °C), the test procedure is identical to the test procedure that is used for testing at 20 °F (−7 °C) contained in 40 CFR part 86, subpart C.
(c) For testing at temperatures of 50 °F (10 °C) or higher, the FTP shall be used.
Secs. 202, 206, 207, 208, 301(a), Clean Air Act, as amended (42 U.S.C. 1857f-1, 1857f-5, 1857f-5a, 1857f-6, 1857g(a)).
This subpart contains gaseous emission test procedures for gasoline-fueled
The definitions in §§ 86.077-2, 86.078-2, and 86.079-2 apply to this subpart.
The abbreviations in § 86.078-3 apply to this subpart.
(a) The model year of initial applicability is indicated by the section number. The two digits following the hyphen designate the first model year for which a section is effective. A section remains effective until superseded.
Section 86.311-79 applies to the 1979 and subsequent model years until superseded. If a § 86.311-81 is promulgated it would take effect beginning with the 1981 model year; § 86.311-79 would apply to model years 1979 and 1980.
(b) A section reference without a model year suffix refers to the section applicable for the appropriate model year.
(c) Unless indicated, all provisions in this subpart apply to both gasoline-fueled and Diesel heavy-duty engines.
(a) This subpart describes the equipment required and the procedures to follow in order to perform exhaust emission tests on gasoline-fueled and Diesel heavy-duty engines. Subpart A sets forth the testing requirements and test intervals necessary to comply with EPA certification procedures.
(b) Four topics are addressed in this subpart. Sections 86.306 through 86.318 set forth specifications and equipment requirements; §§ 86.319 through 86.333 discuss calibration methods and frequency; test procedures and data requirements are listed (in approximately chronological order) in §§ 86.334 through 86.343; and calculation formulas are found in §§ 86.344 and 86.345. Alternative procedures and calculations are set forth in §§ 86.346 and 86.347.
(a) This subpart contains procedures for both gasoline-fueled and Diesel engine gaseous emission tests. Generally, the equipment required is identical for both types of engines. Equipment required and specifications are found in §§ 86.307 through 86.318.
(b) Some analyzer specifications refer to calibration checks found in §§ 86.320 through 86.332.
(a)
(2) Gasoline representative of commercial gasoline which will be generally available through retail outlets shall be used in service accumulation. For leaded fuel the minimum lead content shall be equal to the average lead content found in regular leaded gasoline in the fuel survey prescribed by the Administrator. Where the Administrator determines that engines represented by a test engine will be operated using gasoline of different lead content from that prescribed in this paragraph, he may consent in writing to use of a gasoline with a different lead content. The octane rating of the gasoline used shall be no higher than 4.0 research octane numbers above the minimum recommended by the manufacturer and have a minimum sensitivity of 7.5 octane numbers for unleaded fuel and 7.0 octane numbers for leaded fuel, where sensitivity is defined as research octane number minus motor octane number.
(b)
(2) Diesel fuel meeting the following specifications, or substantially equivalent specifications approved by the Administrator, shall be used in exhaust emissions testing. The grade of diesel fuel recommended by the engine manufacturer commercially designated as “Type 1-D” or “Type 2-D”, shall be used.
(3) Diesel fuel meeting the following specifications, or substantially equivalent specifications approved by the Administrator, shall be used in service accumulation. The grade of diesel fuel recommended by the engine manufacturer, commercially designated as “Type 1-D” or “Type 2-D”, shall be used.
(4) Other petroleum distillate fuels may be used for testing and service accumulation provided:
(i) They are commercially available;
(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service;
(iii) Use of a fuel listed under paragraphs (b) (2) and (3) of this section would have a detrimental effect on emissions or durability; and
(iv) Written approval from the Administrator of the fuel specifications was provided prior to the start of testing.
(5) The specification range of the fuels to be used under paragraphs (b) (2), (3), and (4) of this section shall be reported in accordance with § 86.082-21(b)(3).
(c) Fuels not meeting the specifications set forth in this section may be used only with the advance approval of the Administrator.
(a)
(2) Calibration or span gases for the hydrocarbon analyzer shall be propane with zero-grade nitrogen as a diluent when testing gasoline-fueled engines. For Diesel engine tests the diluent shall be zero-grade air.
(3) Calibration or span gases for the NO
(4) Zero-grade gases for hydrocarbon analyzers shall be nitrogen when testing gasoline-fueled engines and air when testing Diesel engines.
(5) Zero-grade gases for the carbon monoxide, carbon dioxide and oxides of nitrogen analyzers shall be either zero-grade air or zero-grade nitrogen.
(6) The allowable zero grade gas (air or nitrogen) impurity concentrations shall not exceed 2 ppmC hydrocarbon, 10 ppm carbon monoxide, 400 ppm carbon dioxide and 1 ppm nitric oxide.
(7) “Zero-grade air” includes artificial “air” consisting of a blend of nitrogen and oxygen with oxygen concentrations between 18 and 21 mole percent.
(b)
(c)
(d)
(2)
(i) For Diesel engines this fuel is not recommended. However, this fuel may be used if the engine manufacturer demonstrates, on each basic combustion system (i.e., 4 cycle DI, 2 cycle DI, 4 cycle pre-cup, etc.) that an HFID using this fuel produces comparable results to an HFID using 40% H
(ii) For gasoline-fueled engines, pure hydrogen fuel for the HFID is not allowed.
(e)
(f) Oxygen interference check gases shall contain propane with 350 ppmC ±75 ppmC hydrocarbon. The concentration value shall be determined to calibration gas tolerances by chromatographic analysis of total hydrocarbons plus impurities or by dynamic blending. Nitrogen shall be the predominant diluent with the balance oxygen. Blends required for gasoline-fueled and Diesel engine testing are as follows:
(g) Proportioning and blending devices may be used to obtain required gas concentration.
(a) Any variation from the specifications in this subpart including performance specifications and emission detection methods may be used only with prior approval by the Administrator.
(b)
(2) The following requirements must be incorporated in each system used for testing under this subpart.
(i) All analyzers must obtain the sample to be analyzed from the same sample line.
(ii) The sample transport system from the engine exhaust pipe to the HC analyzer and the NO
(iii) Carbon monoxide and carbon dioxide measurements must be made on a dry basis. Specific requirements for the means of drying the sample can be found in § 86.309 (b)(5) and § 86.311(e).
(iv) All NDIR analyzers must have a pressure gauge immediately downstream of the analyzer. The gauge tap must be within 2 inches of the analyzer exit port. Gauge specifications can be found in § 86.309(b)(3).
(v) All bypass and analyzer flows exiting the analysis system must be measured. Capillary flows such as in HFID and CL analyzers are excluded. For each ND IR analyzer with a flow meter located upstream of the analyzer, an upstream pressure gauge must be used. The gauge tap must be within 2 inches of the analyzer entrance port.
(vi) Calibration or span gases for the NO
(vii) The temperature of the NO
(c)
(1)
(i) F1—Fine particulate filter.
(ii) F2—Fine particulate filter.
(iii) F3—Fine heated particulate filter.
(iv) F4—Coarse heated particulate filter.
(2)
(ii) Flowmeters FL 3, FL 4, FL 5, and FL 6 indicate bypass flow rates.
(3)
(i) Upstream gauges G1 and G2 measure the input to the CO and CO
(ii) Downstream gauges G3 and G4 measure the exit pressure of the CO and CO
(4)
(ii) P2, P3, P4 and P5—sample or span pressure at inlet to flow control valves.
(5)
(6)
(ii) R2 and R5—back presssure regulators to control sample pressure at inlet to flow control valves.
(7)
(ii) V2—optional heated selector valve to purge the sample probe, perform leak checks, or to perform hang-up checks.
(iii) V3 and V5—Selector valves to select sample or span gases.
(iv) V4, V6, and V15—flow control valves.
(v) V9 and V13—heated selector valve to select sample or span gases.
(vi) V10 and V12—heated flow control valves.
(vii) VII—Selector valve to select NO
(viii) V16—heated selector valve to perform leak checks.
(8)
(9)
(10)
(a)
(i) In the HC sample path must be maintained above 110 °C (230 °F) and shall not exceed 230 °C (446 °F).
(ii) In the NO
(2)
(i) In the HC sample path must be maintained above 180 °C (356 °F) and shall not exceed 230 °C (446 °F).
(ii) In the NO
(3) The sample line outside wall temperature must be maintained at the temperature specified in this paragraph. An exception is made for the first 4 feet of sample line from the exhaust duct. The upper temperature tolerance for this 4 foot section is waived and only the minimum temperature specification applies.
(b)
(2) There shall be a minimum of three holes in the probe. The spacing of the radial planes for each hole in the probe must be such that they cover approximately equal cross-sectional areas of the exhaust duct. The angular spacing of the holes must be approximately equal. The angular spacing of any two holes in one plane may not be 180° ±20° (i.e., section C-C of Figure D79-2). The holes should be sized such that each has approximately the same flow. If only three holes are used, they may not all be in the same radial plane. See Figure D79-2.
(3) The probe shall extend radially across the exhaust duct. The probe must pass through the approximate center and must extend across at least 80 percent of the diameter of the duct.
(c)
(2) If valve V2 is used, the sample probe must connect directly to valve V2. The location of optional valve V2 may not be greater than 4 feet from the exhaust duct.
(3) The location of optional valve V16 may not be greater than 24 inches from the sample pump. The leakage rate for this section on the pressure side of the sample pump may not exceed the leakage rate specification for the vacuum side of the pump.
(d)
(a)
(2) When testing gasoline-fueled engines all chart recorders (analyzers, torque, rpm, etc.) shall be provided with Automatic markers which indicate one second intervals. Preprinted chart paper (one second intervals) may be used in lieu of the automatic markers provided the correct chart speed is used.
(b)
(i) Temperature measurements used in calculating the engine intake humidity:
(ii) The temperature of the fuel in volume measuring flow rate devices;
(iii) The temperature of the sample within the water trap(s).
(2) All other temperature measurements shall be accurate within 2.5 °C.
(c)
(2)
(3) Engine intake air temperature measurement must be made within 48 inches of the engine. The measurement location must be made either in the supply system or in the air stream entering the supply system.
(d)
(e) If water is removed by condensation, the sample gas temperature or sample dew point must be monitored either within the water trap or downstream. It may not exceed 7 °C (45 °F).
(a)
(2)
(b)
(c)
(i) A chassis-type exhaust system including muffler(s) shall be used. The exhaust system must have a single tail pipe. For engines designed for a dual exhaust system, a standard or specially fabricated “Y” pipe may be used. The “Y” pipe may be located upstream of a single muffler or downstream of a single muffler or downstream of dual mufflers. The potential increase in backpressure due to the use of a single tail pipe instead of dual pipes may be compensated for by using larger than standard exhaust system components downstream of the “Y” pipe. For systems with the “Y” pipe upstream of the muffler, the backpressure at the exhaust manifold exit with the single exhaust system must be comparable to the standard dual exhaust system under the test conditions specified in § 86.335.
(ii) For all catalyst systems the distance from the exhaust manifold flange(s) to the catalyst shall be the same as in the vehicle configuration unless the manufacturer provides temperature data showing equivalent performance at another location.
(iii) For catalyst systems, the probe shall be located in the single exhaust pipe and from 2 to 10 feet downstream of the catalyst(s) and at least 2 feet downstream of the “Y” intersection of any “Y” pipe (if used).
(iv) For noncatalyst systems, the probe shall be located in the single exhaust pipe downstream of the muffler(s) and from 3 to 20 feet downstream from the exhaust manifold flange or turbocharger exit flange. The probe shall also be at least 2 feet downstream of the “Y” intersection of any “Y” pipe (if used).
(v) For all exhaust systems, the probe shall be located at least 24 inches from the end of the tail pipe. Additional exhaust pipe may be added to the tail pipe to meet the specification.
(2) When testing Diesel engines, a noninsulated exhaust system extending 15 ±5 feet from the exhaust manifold, or the crossover junction in the case of Vee engines, shall be used. The exhaust back pressure must be within 0.2 inch Hg. of the upper limit at maximum rated horsepower, as established by the engine manufacturer in his sales and service literature for vehicle application. A conventional automotive muffler of a size and type commonly used with the engine being tested shall be employed in the exhaust system during smoke emission testing. The terminal 2 feet of the exhaust pipe shall be a circular cross section and be free of elbows and bends. The end of the pipe shall be cut off squarely. The terminal 2 feet of the exhaust pipe shall have a nominal inside diameter in accordance with the engine being tested, as specified below:
(a) The air flow measurement method used must have a range large enough to accurately measure the air flow over the engine operating range during the test. Overall measurement accuracy must be ±2 percent of full-scale value of the measurement device for all modes except the idle and 2-percent modes. For the idle and 2-percent modes, the measurement accuracy shall be ±5 percent or less of the full-scale value. The Administrator must be advised of the method used prior to testing.
(b) Corrections to the measured air mass-flow-rate shall be made when an engine system incorporates devices that add or subtract air mass (air injection, bleed air, etc.). The method used to determine the air mass from these devices shall be approved by the Administrator.
(c) An engine air inlet system presenting an air inlet restriction within 1 inch of water of the upper limit for the engine operating condition which results in maximum air flow, as established by the engine manufacturer in his sales and service literature, for the Diesel engine being tested shall be used.
(a) The fuel flow rate measurement instrument must have a minimum accuracy of ±1 percent of full-scale flow rate for each measurement range used. An exception for Diesel engines is allowed at the idle and 2-percent power points. For these modes, the minimum accuracy is ±2 percent of full-scale flow rate for each measurement range used. The controlling parameters are the elapsed time measurement of the event and the weight or volume measurement. Restrictions on these parameters are:
(1) The error in the elapsed time measurement of the event must not be greater than 1 percent of the absolute event time. This includes errors in starting and stopping the clock as well as the period of the clock.
(2) For Diesel engines only, if the mass of fuel consumed is measured by discrete weights, then the error in the actual weight of the fuel consumed must not be greater than ±1 percent of the measuring weight. An exception for Diesel engines is allowed at the idle and 2-percent power points. For these modes the error in the actual weight of the fuel consumed must not be greater than ±2 percent of the measuring weight.
(3) If the mass of fuel consumed is measured electronically (load cell, load beam, etc.), the error in the actual weight of fuel consumed must not be greater than ±1 percent of the full-scale value of the electronic device.
(4) If the mass of fuel consumed is measured by volume flow and density, the error in the actual volume consumed must not be greater than ±1 percent of the full-scale value of the volume measuring device.
(b) For the devices that have varying mass scales (electronic weight, volume, density, etc.), measurements may not be used for calculations if the measurement is less than 20 percent of full scale.
(c)
(a)
(b)
(c)
(d)
(e)
(a) Carbon monoxide and carbon dioxide measurements are to be made with nondispersive infrared (NDIR) an analyzers.
(b) The use of linearizing circuits is permitted.
(c) The minimum water rejection ratio (maximum CO
(1) For CO analyzers, 1000:1.
(2) For CO
(d) The minimum CO
(e)
(a) Hydrocarbon measurements are to be made with a heated flame ionization detector (HFID) analyzer.
(b)
(c) The analyzer shall be fitted with a constant temperature oven housing the detector and sample-handling components. It shall maintain temperature with 2 °C of the set point. The detector, oven, and sample-handling components within the oven shall be suitable for continuous operation at temperatures to 200 °C.
(d) Fuel and burner air shall conform to the specifications in § 86.308.
(e) The percent of oxygen interference must be less than 3 percent, as specified in § 86.331(d)(7).
(f) Premixed burner air:
(1) For Diesel engines, premixing a small amount of air with the HFID fuel prior to combustion within the HFID burner is not recommended as a means of improving oxygen interference (%O
(2) For gasoline-fueled engines, premixing burner air with the HFID fuel is not allowed.
(a) Oxides of nitrogen are to be measured with a chemiluminescense analyzer.
(1) The NO
(2) For high vacuum CL analyzers with heated capillary modules, supplying a heated sample to the capillary module is sufficient.
(3) The NO
(4) The quench interference must be less than 3.0 percent as measured in § 86.327.
(b)
(1) The system shall include an NO
(2) The NO
(3) The water trap shall meet the specifications in § 86.311(e).
(4) The NO NDIR analyzer shall be calibrated per § 86.330.
(5) The minimum water rejection ratio (maximum water interference)
(6) The minimum CO
(a) Prior to initial use and after major repairs, bench check each analyzer (see § 86.320).
(b) At least monthly during testing, check the NO
(c) At least once every 30 days during testing, perform the following:
(1) Leak check the pressure side of the system (see § 86.328). If the option described in § 86.328(b)(2) is used, a pressure leak check is not required.
(2) Calibrate all analyzers (see §§ 86.330 through 86.332).
(3) Check the analysis system response time (see § 86.329). If the option described in § 86.329(b) is used, a response time check is not required.
(4) Verify that the automatic data collection system (if used) meets the chart reading requirements found in § 86.343.
(5) Check the fuel flow measurement instrument to insure that the specifications in § 86.314 are met. Flow meters of the tapered tube and float design (rotometers) or the balance beam principle need be checked only every 90 days.
(d) At least once every 90 days during testing check the water rejection ratio and the CO
(e) At least once every 180 days during testing check the dynamometer test stand and power output instrumentation (see § 86.333).
(a) Prior to initial use and after major repairs verify that each analyzer complies with the following specifications:
(1) Response time (see § 86.315(a)).
(2) Precision (see § 86.315(b)).
(3) Noise (see § 86.315(c)).
(4) Zero drift (see § 86.315(d)).
(5) Span drift (see § 86.315(e)).
(6) Water rejection ratio, NDIR analyzers only (see §§ 86.316(c) and 86.318 (b)(5).
(7) CO
(8) Quench check, CL analyzers only (see § 86.327).
(b) If a stainless steel NO
(a) Zero and span the analyzer on the lowest range that will be used.
(b) Introduce a saturated mixture of water and zero gas at room temperature directly to the analyzer.
(c) Determine and record the analyzer operating pressure (
(d) Determine and record the temperature of the zero-gas mixture.
(e) Record the analyzers' response (
(f) For the temperature recorded in step (d), determine the saturation vapor presssure (
(g) Calculate the water concentration (
(h) Calculate the water rejection ratio (
(a) Zero and span the analyzer on the lowest range that will be used.
(b) Introduce a CO
(c) Record the CO
(d) Record the analyzers' response (
(e) Calculate the CO
(a) Perform the reaction chamber quench check for each model of high vacuum reaction chamber analyzer prior to initial use.
(b) Perform the reaction chamber quench check for each new analyzer that has an ambient pressure or “soft vacuum” reaction chamber prior to initial use. Additionally, perform this check prior to reusing an analyzer of this type any time any repairs could potentially alter any flow rate into the reaction chamber. This includes, but is not limited to, sample capillary, ozone capillary, and if used, dilution capillary.
(c) Quench check as follows:
(1) Calibrate the NO
(2) Introduce a mixture of CO
(3)
(4) Prior to testing, the difference between the calculated NO
(a)
(2) The maximum allowable leakage rate on the vacuum side is 0.5 percent of the in-use flow rate for the portion of the system being checked. the analyzer flows and bypass flows may be used to estimate the in-use flow rates.
(3) The sample probe and the connection between the sample probe and valve V2 (Figure D79-1) may be excluded from the leak check.
(b)
(2) Option: If the flow rate for each flow meter is equal to or greater than the flow rate recorded in § 86.329(b)(1)(ii), then a pressure side leak check is not required.
(a) Check the system response time by the following procedure:
(1) Stabilize the operating temperature of the sample line, sample pump, and heated filters.
(2) Introduce an HC span gas into the sampling system at the sample probe or valve V2 at atmospheric pressure. Simultaneously, start the time measurement.
(3) When the HC instrument response is 95 percent of the span gas concentration used, stop the time measurement.
(4) If the elapsed time is more than 20.0 seconds, make necessary adjustments.
(5) Repeat with the CO, CO
(b)
(1)
(ii) Record the highest minimum flow rate for each flow meter as determined in step (i).
(2)
(i) Operate the analyzer(s) at the in-use capillary pressure.
(ii) Adjust the bypass flow rate to the flow rate recorded in paragraph (b)(1)(ii) of this section.
(iii) Measure and record the response time from the sample/span valve(s) per paragraph (a) of this section.
(iv) The response time (step (iii)) can be determined by switching from the “sample” position to the “span” position of the sample/span valve and observing the analyzer response on a chart recorder. Normally, the “sample” position would select a “room air” sample and the “span” position would select a span gas.
(v) Adjust the bypass flow rate to the normal in-use value.
(vi) Measure and record the response time from the sample/span valve(s) per paragraph (a) of this section.
(vii) Determine the slowest response time (step (iii) or step (iv)) and add 2 seconds to it.
(a)
(b)
(1) Zero the analyzer.
(2) Span the analyzer to give a response of approximately 90 percent of full-scale chart deflection.
(3)
(4) Record the response of calibration gases having nominal concentrations of 15, 30, 45, 60, 75, and 90 percent of full-scale concentration.
(5)
(6)
(7) If multiple range analyzers are used, only the lowest range must meet the curve fit requirements below 15 percent of full scale.
(c) If any range is within 2 percent of being linear a linear calibration may be used. To determine if this criterion is met:
(1) Perform a linear least-square regression on the data generated. Use an equation of the form
(2) Use the equation
(3) Determine the linearity (%
(4) The linearity criterion is met if the %
The following steps are followed in sequence to calibrate the hydrocarbon analyzer. It is suggested, but not required, that efforts be made to minimize relative response variations.
(a) If necessary, follow manufacturer's instructions for instrument start-up and basic operating adjustments.
(b) Set the oven temperature 5 °C hotter than the required sample-line temperature. Allow at least one-half hour after the oven has reached temperature for the system to equilibrate.
(c)
(d)
(1) Zero the analyzer.
(2) Span the analyzer with the zero-percent oxygen blend for gasoline-fueled engines. Diesel engine instruments shall be spanned with the 21-percent oxygen blend.
(3)
(4) Introduce the 5 percent and 10 percent oxygen interference check gases.
(5)
(6) Calculate the percent of oxygen interference (%O
(7) The percent of oxygen interference (%O
(8) If the oxygen interference is greater than the specifications, incrementally adjust the air flow above and below the manufacturer's specifications, repeating paragraphs (d) (1) through (7) of this section for each flow.
(9) If the oxygen interference is greater than the specification after adjusting the air flow, vary the fuel flow and thereafter the sample flow, repeating paragraphs (d) (1) through (7) of this section for each new setting.
(10) If the oxygen interference is still greater than the specifications, repair or replace the analyzer, FID fuel, or burner air prior to testing. Repeat this section with the repaired or replaced equipment or gases.
(e)
(1) With the fuel flow, air flow and sample flow adjust to meet the oxygen interference specification, zero the analyzer.
(2) Span the analyzer using a calibration gas that will provide a response of approximately 90 percent of full-scale concentration.
(3)
(4) Record the response of calibration gases having nominal concentrations of 30, 60, and 90 percent of full-scale concentration. It is permitted to use additional concentrations.
(5) Perform a linear least square regression on the data generated. Use an equation of the form
(6) Use the equation
(7) Determine the linearity (%
(8) The linearity criterion is met if the %
(9) If the %
(10) If the %
(f)
(a) At least monthly during testing, perform a converter efficiency check as described in paragraph (b) of this section. Perform a monthly linearity check as described in paragraph (c) of this section.
(b)
(1) Follow the manufacturer's instructions for instrument startup and operation.
(2) Zero the oxides of nitrogen analyzer.
(3) Connect the outlet of the NO
(4) Introduce into the NO
(5) With the oxides of nitrogen analyzer in the NO Mode, record the concentration of NO indicated by the analyzer.
(6) Turn on the NO
(7) Switch the NO
(8) Switch the oxides of nitrogen analyzer to the NO
(9) Switch off the NO
(10) Turn off the NO
(11) Calculate the efficiency of the NO
(c)
(1) With the operating parameters adjusted to meet the converter efficiency check and the quench checks, zero the analyzer.
(2) Span the analyzer using a calibration gas that will give a response of approximately 90 percent of full-scale concentration.
(3)
(4) Record the response of calibration gases having nominal concentrations of 30, 60 and 90 percent of full-scale concentration. It is permitted to use additional concentrations.
(5) Perform a linear least-square regression on the data generated. Use an equation of the form
(6) Use the equation
(7) Determine the linearity (%
(8) The linearity criterion is met if the %
(9) If the %
(10) Perform a converter-efficiency check (see paragraph (b) of this section).
(11) The operating parameters are defined as “optimized” at this point.
(d)-(e) [Reserved]
(a) If necessary, follow the manufacturer's instructions for initial start-up and basic operating adjustments.
(b) Check the dynamometer torque measurement for each range used by the following:
(1) Warm up the dynamometer following the equipment manufacturer's specifications.
(2) Determine the dynamometer calibration moment arm. Equipment manufacturer's data, actual measurement, or the value recorded from the previous calibration used for this subpart may be used.
(3) Calculate the indicated torque (
(4) Attach each calibration weight specified in § 86.312 to the moment arm at the calibration distance determined in step (2). Record the power measurement equipment response (ft-lb) to each weight.
(5) For each calibration weight, compare the torque value measured in step (4) to the calculated torque determined in step (3).
(6) The measured torque must be within 2 percent of the calculated torque.
(7) If the measured torque is not within 2 percent of the calculated torque, adjust or repair the system. Repeat steps (1) through (6) with the adjusted or repaired system.
(c)
(1) The master load-cell and read out system must be calibrated with weights at each test weight specified in § 86.312-79. The calibration weights must be traceable to within 0.1 percent of NBS weights.
(2) Warm up the dynamometer following the equipment manufacturer's specifications.
(3) Attach the master load-cell and loading system.
(4) Load the dynamometer to a minimum of 6 equally spaced torque values as indicated by the master load-cell for each in-use range used.
(5) The in-use torque measurement must be within 2 percent of the torque measured by the master system for each load used.
(6) If the in-use torque is not within 2 percent of the master torque, adjust or repair the system. Repeat step (2) through step (5) with the adjusted or repaired system.
(d) The dynamometer calibration must be completed within 2 hours from the completion of the dynamometer warm-up.
(a) The test consists of prescribed sequences of engine operating conditions to be conducted on an engine dynamometer. The exhaust gases generated during engine operation are sampled for specific component analysis through the analytical train. The test is applicable to engines equipped with catalytic or direct-flame afterburners, induction system modifications, or other systems, or to uncontrolled engines.
(b) The tests are designed to determine the brake-specific emissions of hydrocarbons, carbon monoxide, and oxides of nitrogen. The gasoline-fueled engine test consists of 1 warm-up cycle and 1 hot cycle. The Diesel engine test consists of 3 idle modes and 5 power modes at each of 2 speeds which span the typical operating range of Diesel engines. These procedures require the determination of the concentration of each pollutant, the fuel flow and the power output during each mode. The measured values are weighted and used to calculate the grams of each pollutant emitted per brake-horsepower hour.
(c)(1) When an engine is tested for exhaust emissions or is operated for service accumulation on an engine dynamometer, the complete engine shall be tested, with all emission control devices installed and functioning.
(2) Evaporative emission controls need not be connected if data are provided to show that normal operating
(3) On air cooled engines, the fan shall be installed.
(4) Additional accessories (e.g., oil cooler, alternators, air compressors, etc.) may be installed with advance approval by the Administrator.
(d) All emission control systems installed on or incorporated in a new motor vehicle engine shall be functioning during all procedures in this subpart. In cases of component malfunction or failure, maintenance to correct component failure or malfunction shall be authorized in accordance with § 86.079-25.
(a) The following test sequence shall be followed in dynamometer operation tests of gasoline-fueled heavy-duty engines. Diesel engines are covered in § 86.336.
(b) Except for idles, the engine dynamometer shall be operated at a constant speed of 2000 rpm±100 rpm. Speed deviations, not to exceed 200 rpm, will be allowed during the first 10 seconds of each mode.
(c) The times in-mode specified in paragraph (a) for the CT modes are ±2 seconds. All other times in-mode are ±4 seconds.
(d) The first 35 seconds of each 60 second engine power mode is allowed for engine-dynamometer stabilization. After this stabilization period the torque must be held at the specified value ±5 percent until the exhaust gas analysis period. During the exhaust gas analysis period, the last 10 seconds of each nonclosed throttle mode the engine torque must be at the specified value ±2 percent of the maximum torque observed. For example, mode 3 torque shall be held between 53 and 57 percent of maximum torque (55±2 percent) during the exhaust analysis period. Prior to the analysis period but excluding the first 35 seconds of the mode, the torque shall be held between 50 and 60 percent of maximum torque (55%±5%).
(e) The idle operating mode shall be carried out at the manufacturer's recommended curb-idle engine speed. Arrive at the last idle mode by closing the throttle, braking the dynamometer to the engine idle speed, and unloading the dynamometer.
(f) The CT operating mode shall be carried out at the same engine speed as specified in paragraph (b) of this section.
(g) If the Administrator determines that an engine shall be tested as an automatic transmission code engine, then a load shall be applied by the dynamometer during the idle modes (1 and 18) such that the engine speed is decreased from the recommended dynamometer-idle speed to the recommended curb-idle speed. The engine
(h) If the operating conditions specified in paragraph (a) of this section for modes 2 through 8, and 10 through 16 cannot be maintained, the Administrator may authorize deviations from the specified load conditions. Such deviations shall not exceed 5 percent of the maximum torque at the test speed. The minimum deviations, above and below the specified load, necessary for stable operation shall be determined by the manufacturer and approved by the Administrator prior to the test run. Emission tests shall be performed by operating the engine at the higher approved load setting during cycle 1 and at the lower approved load setting during cycle 2. The weighting factors shall be as specified in paragraph (a) of this section.
(a) The following 13-mode cycle shall be followed in dynamometer operation tests of heavy-duty Diesel engines. Gasoline-fueled engines are covered in § 86.335.
(b) During each mode the specified speed shall be held to within 50 rpm. Torque for each mode must be held at the specified value ±2 percent of the maximum torque observed. For example, mode 4 torque shall be held between 48 and 52 percent of maximum torque (50 ±2%).
(c) If the operating conditions specified in paragraph (b) of this section for modes 3, 4, 5, 9, 10, and 11 cannot be maintained, the Administrator may authorize deviations from the specified load conditions. Such deviations shall not exceed 10 percent of the maximum torque at the test speed. The minimum deviations, above and below the specified load, necessary for stable operation shall be determined by the manufacturer and approved by the Administrator prior to the test run. Emission tests shall be performed at each of the approved load settings, one above and one below the operating conditions specified in paragraph (a) of this section. The emission values obtained shall be calculated in accordance with § 86.345 except that the weighting factor shall be 0.04.
(d) If the Administrator determines that an engine shall be tested as an automatic transmission code engine, then a load shall be applied by the dynamometer during the idle modes (1, 7, and 13) such that the engine speed is decreased from the recommended dynamometer-idle speed to the recommended curb-idle speed. The engine-idle torque recorded for the calculations in § 86.345 shall be zero.
The following information, as applicable, shall be recorded for each test:
(a)
(1) Engine-system combination.
(2) Engine identification numbers.
(3) Number of hours of operation accumulated on engine.
(4) Rated maximum horsepower and torque.
(5) Maximum horsepower and torque speeds.
(6) Engine displacement.
(7) Governed speed.
(8) Manufacturer's start-up and warm-up reference, (gasoline-fueled engines only).
(9) Curb-idle rpm.
(10) Dynamometer-idle rpm (automatic transmission code engines only).
(11) Maximum horsepower at 2000 rpm (gasoline-fueled engines only).
(12) Fuel consumption and maximum torque at 2000 rpm (gasoline-fueled engines only).
(13) Fuel consumption at maximum power and torque (Diesel engines only).
(14) Maximum air flow (Diesel engines only).
(15) Air inlet restriction (Diesel engines only).
(16) Exhaust pipe diameter(s) (Diesel engines only).
(17) Maximum exhaust system back pressure (Diesel engines only).
(18) Maximum exhaust system back pressure at 2000 rpm, if applicable (gasoline-fueled engines only).
(b)
(1) Engine-system combination.
(2) Engine identification number.
(3) Instrument operator.
(4) Engine operator.
(5) Number of hours of operation accumulated on the engine prior to beginning the warm-up portion of the test.
(6) Fuel identification.
(7) Date of most recent analytical assembly calibration.
(8) All pertinent instrument information such as tuning, gain, serial numbers, detector number, calibration curve numbers, etc. As long as this information is traceable, it may be summarized by system number or analyzer identification numbers.
(c)
(2) Test number.
(3) Ambient temperature in dynamometer testing room (gasoline-fueled engines only).
(4) Barometric pressure, pre-test for gasoline-fueled engines, pre-test segment for Diesel engines.
(5) Engine intake humidity, pre-test for gasoline-fueled engines, pre-test segment for Diesel engines with non-conditioned air supply systems.
(6) Maximum observed torque for intermediate and rated speeds (Diesel engines only).
(7) Maximum observed torque at 2000 rpm (gasoline-fueled engines only).
(8)
(d)
(2) Observed engine torque.
(3) Observed engine rpm.
(4) Record engine torque and engine rpm continuously with a chart recorder or equivalent recording device.
(5) Intake air flow and depression for each mode (Diesel engines only).
(6) Engine intake air temperature for each mode (Diesel engines only).
(7)
(8) Engine intake humidity (only for Diesel engines with humidity conditioned air supply).
(e)
(2)
(3) Ambient temperature in the dynamometer testing room (gasoline-fueled engines only).
(4) Total number of hours of operation accumulated on the engine.
(a) The analyzers must be operated between 15 percent and 100 percent of full-scale chart deflection during the measurement of the emissions for each mode. The exceptions to the lower limit of this operating rule are:
(1) The analyzer's response may be less than 15 percent of full-scale if the full-scale value is 155 ppm (or ppm C) or less.
(2)
(3) The analyzer's response may be less than 15 percent of full scale if the emissions from the engine are erratic and the average chart-deflection value is greater than 15 percent of full scale.
(4) For gasoline-fueled engines, the analyzer's response may be less than 15 percent of full scale during the initial part of the CT mode provided that average chart-deflection value is greater than 15 percent of full scale.
(5) The analyzer's response may be less than 15 percent of full scale if the contribution of all modes read below the 15 percent level is less than 10 percent by mass of the final test results.
(6) The HC analyzer's response may be less than 15 percent of full-scale when transient emissions (spikes) can be reasonably expected to exceed 90 percent of full-scale. Higher analyzer ranges may be used provided that the precision and linearity of the analyzer at the level of the readings below 15 percent meets the specifications of the range that would be required if the transient emissions did not exist.
(b) [Reserved]
(a) Allow a minimum of 30 minutes warm-up in the stand-by or operating mode prior to spanning the analyzers.
(b) Replace or clean the filter elements and then vacuum leak check the system, § 86.328(a). A pressure leak check is also permitted per § 86.328(b). Allow the heated sample line, filters, and pumps to reach operating temperature.
(c) Perform the following system checks:
(1) If a stainless steel NO
(2) Check the sample-line temperature (see § 86.310).
(3) Check the system response time (see § 86.329). System response time may be applied from the most recent check of response time if all of the following are met:
(i) The flow rate for each flow meter is equal to or greater than the flow rate recorded in § 86.329(b)(1)(ii).
(ii) For analyzers with capillaries, the response time from the sample/span valve is measured using in-use pressures and bypass flows (see § 86.329(b)(2)).
(iii) The response time measured in step (ii) is equal to or less than the response time determined in § 86.329(b)(2)(vii).
(4) A hang-up check is permitted.
(5) A converter-efficiency check is permitted. The check need not conform to § 86.332(b). The test procedure may be aborted at this point in the procedure in order to repair the NO
(d) Introduce the zero-grade gases at the same flow rates and pressures used to calibrate the analyzers and zero the
(e) Introduce span gases to the instruments under the same flow conditions as were used for the zero gases. Adjust the instrument gains on the lowest range that will be used to give the desired value. Span gases should have a concentration greater than 70 percent of full scale for each range used. Immediately prior to each test and also prior to each segment of the Diesel test, record the response to the span gas and the span-gas concentration for each range that will be used during the test.
(f)
(g) Check system flow rates and pressures. Note the values of gauges G3 and G4 for reference during the test.
(a) This section applies to gasoline-fueled engines only. Diesel engines are covered in § 86.341.
(b)(1) Mount test engine on the engine dynamometer.
(2) Install instrumentation and sample probe.
(3) Read and record the general test data as specified in § 86.337(b).
(c) Precondition the engine by the following continuous steps:
(1) The engine shall be started and operated at:
(i) Zero load in accordance with the manufacturer's start-up and warm-up procedures for 1 minute ±30 sec;
(ii) A torque equivalent to 10±3 percent of the most recent determination of maximum torque for 4 minutes ±30 second at 2,000 rpm. This torque level may be exceeded if the choke and fast idle cam mechanism would normally result in a stabilized idle speed in excess of 2,000 rpm.
(iii) A torque equivalent to 55±5 percent of the most recent determination of maximum torque for 35 minutes ±1 minute at 2000 rpm;
(iv)
(2) If tested under the provisions of § 86.079-29, check specifications as required. This check must be performed within 20 minutes after completion of engine preconditioning;
(3) Determine the maximum torque of the engine at 2000 rpm ±100 rpm;
(i) Operate the engine with the throttle fully opened for a maximum of three minutes. During the second minute of operation, record the high and low torque readings. The average of these two readings will be the maximum torque value at 2000 rpm.
(ii) Calculate the torque corresponding to 10, 25, 55, and 90 percent of the observed maximum torque value.
(4) Determine the analyzer ranges required for each mode specified in § 86.335 to meet the range specifications of § 86.338. Prior to determining the range selection, the automatic dynamometer controller, if used, may be calibrated for the prevailing ambient conditions. The engine must not be operated for more than 30 minutes. Cycle 1, or cycles 1 and 2, specified in § 86.335, may be used for this purpose.
(5) The engine shall be turned off and allowed to stand for at least 1 hour, but not more than 2 hours, at an average ambient temperature of 25 °C±5 °C (77 °F±9 °F).
(d) The following steps shall be taken for each test:
(1) Maintain dynamometer test cell average ambient temperature at 25 °C±5 °C (77 °F±9 °F);
(2) Observe pre-test procedures; § 86.339;
(3) Start cooling system;
(4) Start engine and operate in accordance with manufacturer's start-up and warm-up procedures. The duration of the warm-up procedures shall be 5 minutes ±30 seconds. Sample flow may begin during the warm-up;
(5) Read and record all pre-test data specified in § 86.337(c) during the 5 minute warm-up;
(6) Release the choke idle-stop (if necessary) and return the engine throttle control to the curb-idle position, start sample flow and recorders if not
(7) Should it be determined that the test must be rerun, then only the soak specified in paragraph (c)(5) of this section need be performed prior to paragraph (d) of this section;
(8) Perform the test cycle, § 86.335, and continuously record exhaust gas concentrations;
(9) Read and record all modal data specified in § 86.337(d) during the test cycle;
(10) The engine speed and load must be maintained within the requirements of § 86.343;
(11) If at any time during a test, the test equipment malfunctions or the specifications in paragraph (d)(10) of this section are not met, the test is void, and may be aborted. The test sequence may be restarted under the provisions of paragraph (c)(5) of this section.
(e)
(2) For each analyzer, each range that may be used during a test must have the zero and span responses recorded prior to the execution of that test. Only the range(s) used to measure the emissions during a test are required to have their zero and span recorded after the completion of the test.
(3) If during an emission test the value of gauges downstream of the NDIR analyzer(s) (G3 or G4) differs by more than ±2 inches of water from the pretest value, the test is void.
(a) This section applies to Diesel engines only. Gasoline-fueled engines are covered in § 86.340.
(b) The temperature of the air supplied to the engine shall be between 68 °F and 86 °F. The fuel temperature at the pump inlet shall be 100 °F±10 °F. The observed barometric pressure shall be between 28.5 inches and 31 inches Hg. Higher air temperature or lower barometric pressure may be used, if desired, but no allowance shall be made for increased emissions because of such conditions unless correction factors are developed and approved in advance by the Administrator.
(c) The governor and fuel system shall have been adjusted to provide engine performance at the levels in the application for certification required under § 86.079-21. These adjustments are only permitted under the provisions of § 86.079-25.
(d) The following steps shall be taken for each test:
(1) Install instrumentation and sample probes as required;
(2) Observe pre-test procedure, § 86.339;
(3) Read and record the general test data as specified in § 86.337(b);
(4) Start cooling system;
(5) Precondition the engine in the following manner:
(i) Operate the engine at idle for 2 to 3 minutes;
(ii) Operate the engine at approximately 50 percent power at the peak torque speed for 5 to 7 minutes;
(iii) Operate the engine at rated speed and maximum horsepower for 25 to 30 minutes;
(iv)
(v)
(vi) Longer preconditioning times may be used only if prior approval is obtained from the Administrator.
(6) Within a total elapsed time of 10 minutes or less, determine by experimentation the maximum torque at the rated and intermediate speeds;
(7) Calculate the torque corresponding to 2, 25, 50, 75, and 100 percent of the maximum observed torque for the rated and intermediate speeds;
(8) Read and record all pre-test data specified in § 86.337(c);
(9) Start the test cycle, § 86.336, within 10 minutes, after determining test load using the torque values determined in paragraph (d)(6) of this section;
(10) Read and record all modal data specified in § 86.337(d) during the last 2 minutes of each mode;
(11) Continuously record the analyzer's response to the exhaust gas during each test segment;
(12) Test segments may be repeated;
(13) If a delay of more than 20 minutes occurs between the end of one segment and the beginning of another segment the test is void. The test may be restarted at paragraph (d)(8) of this section. If the delay exceeds 4 hours, the test shall be restarted at paragraph (d)(2) of this section;
(14) The engine speed and load must be maintained within the requirements of § 86.336 during the last 2 minutes of each mode. If the requirement is not met for all modes during a test segment, that segment of the test is void. The test segment may be restarted beginning with paragraph (d)(8) of this section;
(15) If at any time during a test segment, the test equipment malfunctions or the specifications in paragraph (d)(14) of this section are not met, the test segment is void, and may be aborted. The test segment may be restarted beginning with paragraph (d)(8) of this section;
(16) Fuel flow and air flow during the idle or 2-percent load conditions may be determined just prior to or immediately following the dynamometer sequence, if longer times are required for accurate measurements.
(e)
(2) Each analyzer range that may be used during a test segment must have the zero and span responses recorded prior to the execution of that test segment. Only the range(s) used to measure the emissions during a test segment are required to have their zero and span recorded after the completion of the test segment.
(3) It is permitted to change filter elements between test segments.
(4) A leak check is permitted between test segments.
(5) A hang-up check is permitted between test segments.
(6) If, during the emission measurement portion of a test segment, the value of the gauges downstream of the NDIR analyzer(s) G3 or G4 differs by more than ±2 inches of water from the pretest value, the test segment is void.
(a) Begin a hang-up check within 30 seconds of the completion of the last mode in the test. Use the following procedure:
(1) Introduce a zero-grade gas or room air into the sample probe or valve V2 to check the “hangup zero” response. Simultaneously start a time measurement.
(2) Select the lowest HC range used during the test;
(3) The difference between the span-zero response and the hang-up zero response shall not be greater than 5.0 percent of full scale or 10 ppmC whichever is greater, within:
(i) 50 seconds for gasoline-fueled engine test, or
(ii) 4 minutes for Diesel engine tests, or
(b) Begin the analyzer span checks within 6 minutes after the completion of the last mode in the test. Record for
(c) If during the test, the filter element(s) were replaced or cleaned, a vacuum check must be performed per § 86.328 immediately after the span checks. If the vacuum side leak check does not meet the requirements of § 86.328 the test is void.
(d) Read and record the post-test data specified in § 86.337(e).
(e) For a valid test, the analyzer drift between the before-test and after-test (before-segment and after-segment for Diesels) span checks for each analyzer must meet the following requirements:
(1) The span drift (defined as the change in the difference between the zero response and the span response) must not exceed 2.0 percent of full-scale chart deflection for each range used;
(2) The zero response drift must not exceed 2.0 percent of full-scale chart deflection for each range used above 155 ppm (or ppm C), or 3 percent of full-scale chart deflection for each range below 155 ppm (or ppm C).
(a) A computer or any other automatic data processing device(s) may be used as long as the system meets the requirements of this subpart.
(b) Determine the location on the chart of the analyzer responses corresponding to the end of each mode.
(c) For gasoline-fueled engines, determine whether the test cycle was run in accordance with § 86.335 by observing either chart event marks, speed trace, torque trace, or concentration traces. The test will be invalidated if there is a deviation of more than:
(1) 2 seconds from the specified time for each CT mode, and 4 seconds for all other modes; or,
(2) Two percent of maximum torque during the exhaust gas sampling period (last 10 seconds on each nonclosed throttle gasoline-fueled engine mode); or
(3) 5 percent of maximum torque during the remainder of the mode, excluding the first 35 seconds of the mode; or
(4) 200 rpm during the first 10 seconds of each mode, or 100 rpm during the remainder of each mode.
(d) Determine chart deflections.
(1) Locate the last 10 seconds of each gasoline-fueled engine mode except CT. Locate the last 50 seconds of each gasoline-fueled engine CT mode. For all Diesel engine modes locate the last 60 seconds.
(2)(i) Divide the last 10 seconds or 60 seconds, whichever is applicable, into a minimum of 10 equally spaced increments. Determine the chart deflection of each increment for the CO
(ii) Option for Diesel engine modes. If the deviation from a straight line (other than instrument noise) during this 60 seconds is less than ±5 percent of full-scale, the average chart deflection may be determined by eye. The average value (one number) may then be used in lieu of the 10 values required by paragraph (d)(2)(i) of this section.
(3) Other methods of determining the chart deflection of the analyzers may be used only with prior approval by the Administrator.
(e) Determine CO
(1) If the option in paragraph (d)(2)(ii) of this section is employed, then those chart deflections for both linear and non-linear analyzers may be substituted for the average chart deflection in step (e)(2).
(2) For linear instruments, average the chart deflections determined in paragraph (d)(2)(i) of this section. Determine the concentration for this average chart deflection using calibration data.
(3) For non-linear instruments, calculate concentrations for each chart deflection determined in paragraph (d)(2)(i) of this section. Take the average of these concentrations for each mode.
(4) For purposes of this paragraph, calibration data includes calibration curves, linearity curves, span-gas responses, and zero-gas responses.
(a) The following abbreviations (and units) are used in this section:
(b) The specific humidity on a dry basis of the intake air (
(c) The partial pressure of water vapor may be determined in two manners:
(1) A dew point device may be used. In that case:
(2) A wet-bulb, dry-bulb method may be used. In that case “Ferrels equation” (eq. (2)) is used.
(d)(1) The saturation vapor pressure (
(2) The table in Figure D79-5 may be used in lieu of equation (3).
(e) The saturated vapor pressure of water at the dry-bulb temperature (
(f) The percent of relative humidity (
(g) The water-vapor volume concentration on a dry basis of the engine intake air (
(a) The following abbreviations (and units) are used in this section.
(b) Determine the exhaust species volume concentration for each mode.
(c)(1) Convert wet basis measurements to a dry basis by the following:
Dry concentrations = 1/
(2) For Diesel engines, for each mode use the measured engine (
(3) For gasoline-fueled engines, optional for Diesel engines, calculate φ for each mode by substituting
(4) Calculate a
(5) Calculate a separate
(d) Compute the dry (
(e)
(2)
(3) Other methods of data validation may be used if prior approval is obtained from the Administrator.
(4) Data validation techniques that have obtained prior approval from the Administrator for use on gasoline-fueled engines may be used to determine void tests.
(f) Multiply the dry nitric oxide volume concentrations by the following humidity correction factor to obtain
(1) Gasoline-fueled engines:
(2) Diesel engines:
(g) Calculate the mass emissions of each species in grams per hour for each mode as follows:
(h)(1) For gasoline-fueled engines, weight the mass values of
(2) For Diesel engines, weight the values of
(i) Weight the values from each idle mode by multiplying the values by (0.067);
(ii) Weight the remaining modes by multiplying the values by 0.08.
(i) Calculate the brake specific emissions for:
(1) Each gasoline-fueled engine test cycle, and
(2) Each Diesel engine test by summing the weighted values (
(j)(1) Calculate the brake-specific fuel consumption (
(2) For gasoline-fuel engines use:
(3) For Diesel engines use:
(4) Other methods of correcting power to determine
(k) Calculate the weighted brake-specific fuel consumption (
(1) Each gasoline engine test cycle by:
(2) Each Diesel engine test by:
(l) For gasoline-fueled engines, calculate the brake-specific emissions and fuel consumption for the complete test as follows:
(a) Oxides of nitrogen (NO
(1) A heated sample line maintained above the dew point:
(2) An NO
(3) A combination per 40 CFR 86.777 or 40 CFR 86.977, whichever is applicable of a water trap, dryer, flow controls, and an NO NDIR analyzer obtaining a sample from the converter.
(b) The provisions of 40 CFR 86 subpart D shall apply to the “alternative instrumentation”, where applicable, with the following exceptions:
(1) Analyzer specifications found in §§ 86.315, 86.321, and 86.322 do not apply to the “alternative instrumentation”.
(2) For the purposes of this section, the full-scale value specified in § 86.338 (a)(1) shall be 1,500 ppm for Diesel engines and 2,500 ppm for gasoline-fueled engines.
(c) The “alternative instrumentation” shall be calibrated per § 86.330.
(d) The NO NDIR analyzer shall meet the performance and interference specifications contained in 40 CFR 86.777 or 40 CFR 86.977, whichever is applicable.
(e) The operation of the dryer shall follow good engineering practice such that the test results are not altered. Proper preconditioning of the dryer is allowed.
(a)
(b) For Diesel engines, the calculations specified in 40 CFR 86.977-15 may be substituted for § 86.345.
(c) The modal
(d) If the provisions of this section are used, a CO
(e) Both 40 CFR 86.977-15(a) and § 86.313 shall apply to air-flow measurements. For the purposes of this section, the air-flow measurement accuracy specified in § 86.313 shall be ±1 percent.
(a) Fuel H/C analysis need not be performed if the following average H/C ratios are used for all calculations.
(1) #1B1 Diesel: 1:93
(2) #1B2 Diesel: 1:80
(3) Gasoline: 1.85
(b) [Reserved]
This subpart applies to 1978 and later model year, new, gasoline-fueled motorcycles built after December 31, 1977, and to 1990 and later model year, new methanol-fueled motorcycles built after December 31, 1989 and to 1997 and later model year, new natural gas-fueled and liquefied petroleum gas-fueled motorcycles built after December 31, 1996 and to 2006 and later model year new motorcycles, regardless of fuel.
(a) This subpart applies to 1978 and later model year, new, gasoline-fueled motorcycles built after 31 December, 1977, and to 1990 and later model year, new, methanol-fueled motorcycles built after 31 December, 1989 and to 1997 and later model year, new, natural gas-fueled and liquefied petroleum gas-
(b) Motorcycles with engine displacements less than 50 cc (3.1 cu in) are excluded from the requirements of this subpart.
(c) Motorcycles are excluded from the requirements of this subpart, if with an 80 kg (176 lb) driver, it cannot:
(1) Start from a dead stop using only the engine; or
(2) Exceed a maximum speed of 40 km/h (25 mph) on level paved surfaces.
(a) The definitions in this section apply to this subpart and also to subpart F.
(b) [Reserved]
The definitions of § 86.402-78 apply to this subpart. The following definition in this section is applicable beginning with the 1998 model year:
(1) Class I-A—5.0 years or 6,000 km (3,728 miles), whichever occurs first.
(2) Class I-B—5.0 years or 12,000 km (7,456 miles), whichever occurs first.
(3) Class II—5.0 years or 18,000 km (11,185 miles), whichever occurs first.
(4) Class III—5.0 years or 30,000 km (18,641 miles), whichever occurs first.
The abbreviations used in this subpart have the following meanings in both capital and lowercase:
(a) The year of initial applicability of a section is indicated by its section number. The two digits following the hyphen designate the first model year for which a section is effective. A section remains effective until superseded.
Section 86.411-78 applies to 1978 and subsequent model years until it is superseded. If a § 86.411-81 is promulgated it would take effect beginning with 1981; § 86.411-78 would apply to years 1978 through 1980.
(b) A reference to a section without a year designation implies the appropriate model year.
When considering 1979 vehicles a reference to § 86.411 implies § 86.411-79. However if no § 86.411-79 has been promulgated then § 86.411-78 is implied; See paragraph (a) of this section.
(a) This subpart and subpart F have been written using System International (SI) units. SI units will be used to determine compliance with these regulations. English equivalents have been indicated solely for the user's convenience.
(b) [Reserved]
(a) This subpart contains general provisions regulating the emission of air pollution from new motorcycles. Test procedures are found in subpart F.
(b) Several discrete concepts are addressed:
(1)
(2)
(3)
(4)
(5)
(c) The certification procedure to be followed depends upon the manufacturer's projected sales.
(1) New motorcycles, produced by a manufacturer whose projected U.S. sales of motorcycles is 10,000 or more units (for the model year in which certification is sought) shall demonstrate compliance with all general standards and all specific emission requirements before they can be sold in the United States. The manufacturer is required to submit an application with sales data, product information, required maintenance, testing and service accumulation procedures. The Administrator will select vehicle(s) which will represent the manufacturer's product line. The manufacturer is required to construct these vehicles to be representative of actual production. Service is accumulated and emission tests performed with data submitted to the Administrator. The Administrator may run his own tests to confirm the manufacturer's results. The Administrator will review the data and either grant or deny certification. If the manufacturer wishes to make changes to a certified vehicle, or to produce a new vehicle, the Administrator must be notified. The Administrator may require testing to demonstrate continued compliance with emission standards. Each vehicle must be labeled with tune up specifications and the purchaser must be supplied with maintenance instructions. Also, information on production vehicles must be supplied to the Administrator.
(2) New motorcycles produced by a manufacturer whose projected U.S. sales of motorcycles is less than 10,000 units (for the model year in which certification is sought) shall meet both the general standards and specific emission requirements described in §§ 86.401 through 86.417, § 86.425, § 86.437, and §§ 86.440 through 86.444 of this subpart before they can be sold in the United States. The manufacturer is required to submit an application containing a statement that his vehicles conform to the applicable emission standards. The manufacturer is required to retain in his records, but not submit with the application, valid emission test data which support his statement. The Administrator will review the application and either grant or deny certification. Each vehicle must be labeled with tune up specifications and the purchaser must be supplied with maintenance instructions. Also, information on production vehicles must be supplied to the Administrator.
(d) Manufacturers who are considering an application should contact: Director, Vehicle Programs and Compliance Division, Environmental Protection Agency, 2565 Plymouth Rd., Ann Arbor, Michigan 48105 and state whether he/she plans to certify for total sales of greater than or less than 10,000 vehicles for the applicable model year.
(a)
(b)
(1) The motorcycle may not be manufactured from a certified motorcycle. The motorcycle may not be manufactured from a partially complete motorcycle that is equivalent to a certified motorcycle, unless the emission controls are included in the final product. The motorcycle must be manufactured primarily from unassembled components, but may incorporate some preassembled components. For example, fully preassembled transmissions may be used.
(2) The motorcycle may not be sold within five years of the date of final assembly.
(3) No individual may manufacture more than one motorcycle during his or her lifetime under this exemption. This restriction applies with respect to the person who purchases the components and/or uses the motorcycle, rather than to the person(s) who actually assemble(s) the motorcycle.
(4) This exemption may not be used to circumvent the requirements of paragraph (a) of this section or the requirements of the Clean Air Act. For example, this exemption would not cover a case in which an entity purchases a kit, assembles the kit, and then sells it to another party; this would be considered to be the sale of the complete motorcycle.
(c)
(1) No request is necessary for display motorcycles that will not be sold or leased.
(2) The following requirements apply for exempting display motorcycles that will be sold or leased:
(i) Manufacturers planning to sell motorcycles for display must notify EPA of their intent to do so before they sell any exempted motorcycles. They must also maintain sales records of exempted motorcycles for at least three years and make them available to EPA upon request.
(ii) No manufacturer may sell or lease more than 24 exempted display motorcycles in any single calendar year.
(iii) Anyone selling or leasing a motorcycle exempt under this paragraph (c) must ensure that the buyer or lessee agrees to comply with the display exemption terms in the regulations.
(3) Each motorcycle exempt under this paragraph (c) must include a label that identifies the manufacturer and includes the following statement: THIS MOTORCYCLE IS EXEMPT FROM EPA EMISSION REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40 CFR 86.407-78(c). EPA may allow manufacturers to locate the label in a location where it is obscured or hidden by a readily removable component. For example, EPA may allow the label to be located under the seat.
(4) As described in 40 CFR part 1051, motorcycles that are not considered to be motor vehicles according to 40 CFR 85.1703(a) may be exempt under this paragraph (c) from the standards and requirements of 40 CFR part 1051. Such motorcycles shall be combined with the manufacturer's highway motorcycles with respect to the sales restriction described in paragraph (c)(2)(ii) of this section.
(5) This exemption may not be used to circumvent the requirements of paragraph (a) of this section or the requirements of the Clean Air Act.
(a) Any system installed on or incorporated in a new motorcycle to enable such vehicle to conform to standards imposed by this subpart:
(1) 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 without such system, except as specifically permitted by regulation; and
(2) Shall not in its operation, function, or malfunction result in any unsafe condition endangering the motorcycle, its rider(s), or persons or property in close proximity to the vehicle.
(b) Every manufacturer of new motorcycles 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 motorcycles in accordance with good engineering practice to ascertain that such test vehicles will meet the requirements of this section for the useful life of the vehicle.
(a) No motorcycle shall be equipped with a defeat device.
(b) Defeat device means any element of design which:
(1) 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 and
(2) 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
(i) Such conditions are substantially included in the Federal emission test procedure, or
(ii) The need for the device is justified in terms of protecting the vehicle against damage or accident, or
(iii) The device does not go beyond the requirements of engine starting or warm-up.
(a)(1) Exhaust emissions from 1990 and later model year gasoline-fueled, natural gas-fueled and liquefied petroleum gas-fueled motorcycles shall not exceed (compliance with these standards is optional prior to the 1997 model year for natural gas-fueled and liquefied petroleum gas-fueled motorcycles):
(i)
(ii)
(2) Exhaust emissions from 1990 and later model year methanol-fueled motorcycles shall not exceed:
(i)
(ii)
(3) The standards set forth in paragraphs (a) (1) and (2) of this section refer to the exhaust emitted over driving schedule as set forth in subpart F and measured and calculated in accordance with those procedures.
(b) No crankcase emissions shall be discharged into the ambient atmosphere from any new motorcycle subject to this subpart.
(a)(1) Exhaust emissions from Class I and Class II motorcycles shall not exceed the standards listed in the following table:
(2) Exhaust emissions from Class III motorcycles shall not exceed the standards listed in the following table:
(b) The standards set forth in paragraphs (a) (1) and (2) of this section refer to the exhaust emitted over the driving schedule as set forth in subpart F and measured and calculated in accordance with those procedures.
(c) Compliance with the HC+NO
(d) No crankcase emissions shall be discharged into the ambient atmosphere from any new motorcycle subject to this subpart.
(e) Manufacturers with fewer than 500 employees worldwide and producing fewer than 3,000 motorcycles per year in the United States are considered small-volume manufacturers for the purposes of this section. The following provisions apply for these small-volume manufacturers:
(1) Small-volume manufacturers are not required to comply with the Tier 1 standards applicable to Class III motorcycles until model year 2008.
(2) Small-volume manufacturers are not required to comply with the Tier 2 standards applicable to Class III motorcycles.
(3) Small-volume manufacturers are not required to comply with permeation requirements in paragraph (g) of this section until model year 2010.
(f) Manufacturers may choose to certify their Class I and Class II motorcycles to an HC + NO
(g) Model year 2008 and later motorcycles must comply with the evaporative emission standards described in 40 CFR 1051.110. Manufacturers may show compliance using the design-based certification procedures described in 40 CFR 1051.245. Manufacturers may comply with the tank permeation standards using the averaging provisions in 40 CFR part 1051, subpart H, but may not include any motorcycles equipped with metal fuel tanks in their average emission level. Manufacturers may not average between highway motorcycle engine families and recreational vehicle families.
(a) The manufacturer shall furnish or cause to be furnished to the ultimate purchaser of each new motorcycle the written instructions for the periodic and anticipated maintenance and use of the vehicle by the ultimate purchaser as may be reasonable and necessary to assure the proper functioning of emission control systems for the vehicle's useful life.
(1) Such instructions shall be provided for those vehicle and engine components listed in appendix VI to this part (and for any other components) to the extent that maintenance of these components is necessary to assure the proper functioning of emission control systems.
(2) Such instructions shall be in the English language and in clear, and to the extent practicable, nontechnical language.
(b) The maintenance instructions required by this section shall:
(1) 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, and
(2) Specify the performance of all scheduled maintenance performed by the manufacturer under § 86.428.
(a)
(2) 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.
(b)
(a)(1) The manufacturer of any motorcycle 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 available for sale to the public and covered by a certificate of conformity.
(2) A permanent, legible label shall be affixed in a readily accessible position. Multi-part labels may be used.
(3) 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.
(4) 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:
(i)
(ii) Full corporate name and trademark of the manufacturer;
(iii) Engine displacement (in cubic centimetres) and engine family identification;
(iv) Engine tuneup specifications and adjustments, as recommended by the manufacturer, including 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). These specifications shall indicate the proper transmission position during tuneup;
(v) Any specific fuel or engine lubricant requirements (e.g., lead content, Research octane number, engine lubricant type);
(vi) An unconditional statement of conformity to USEPA regulations which includes the model year; for example, This Vehicle Conforms to USEPA Regulation Applicable to . . . . . . . . . Model Year New Motorcycles.
(b) The provisions of this section shall not prevent a manufacturer from also reciting on the label that such vehicle conforms to any other applicable Federal or State standards for new motorcycles or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the vehicle.
(a)(1) The manufacturer of any motorcycle 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 provided in this section, to all production models of such vehicles available for sale to the public and covered by a certificate of conformity.
(2) A permanent, legible label shall be affixed in a readily accessible position. Multi-part labels may be used.
(3) 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, and shall not be affixed to any part which is easily detached from the vehicle or is likely to be replaced during the useful life of the vehicle.
(4) 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:
(i) The label heading shall read: “Vehicle Emission Control
Information”;
(ii) Full corporate name and trademark of the manufacturer;
(iii) Engine displacement (in cubic centimeters or liters) and engine family identification;
(iv) Engine tuneup specifications and adjustments, as recommended by the manufacturer, including, if applicable: idle speed, ignition timing, and the idle air-fuel mixture setting procedure and value (
(v) Any specific fuel or engine lubricant requirements (
(vi) Identification of the exhaust emission control system, using abbreviations in accordance with SAE J1930, June 1993, including the following abbreviations for items commonly appearing on motorcycles:
(viii) An unconditional statement of conformity to U.S. EPA regulations which includes the model year; for example, “This Vehicle Conforms to U.S. EPA Regulations Applicable to__Model Year New Motorcycles” (the blank is to be filled in with the appropriate model year). For all Class III motorcycles and for Class I and Class II motorcycles demonstrating compliance with the averaging provisions in 40 CFR 86.449 the statement must also include the phrase “is certified to an HC+NO
(b) The provisions of this section shall not prevent a manufacturer from also reciting on the label that such vehicle conforms to any other applicable Federal or State standards for new motorcycles or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the vehicle.
(a) Upon request by the Administrator, the manufacturer of any motorcycle 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 motorcycle covered by a certificate of conformity shall furnish to the Administrator, at the beginning of each model year, any vehicle identification number coding system which identifies whether such vehicle(s) are covered by a certificate of conformity.
(a) Any manufacturer obtaining certification shall supply to the Administrator, upon his request, a reasonable number of production vehicles selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmissions offered and typical of production models available for sale under the certificate. These vehicles shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require.
(b) Any manufacturer obtaining certification shall notify the Administrator, on a yearly basis, of the number of vehicles of each engine family—engine displacement—emission control system—fuel system—transmission type—inertial mass category combination produced for sale in the United States during the preceding year.
(c) All motorcycles covered by a certificate of conformity shall prior to delivery to the ultimate purchaser be adjusted, by the manufacturer or his agent, to the ignition timing specification detailed in § 86.413.
(a) New motorcycles produced by a manufacturer whose projected sales in the United States is 10,000 or more units (for the model year in which certification if sought) are covered by the following:
(1) An application for a certificate of conformity to the regulations in the English language applicable to new motorcycles shall be made to the Administrator by the manufacturer and shall be updated and corrected by amendment. Where possible, a manufacturer should include in a single application for certification, a description of all vehicles in each class for which certification is required. A manufacturer may, however, choose to apply separately for certification of part of his product line. The selection of test vehicles and the computation of test results will be determined separately for each application.
(2) The application shall be in writing signed by an authorized representative of the manufacturer, and shall include the following:
(i) Identification and description of the vehicles covered by the application and a description of their engine, emission control system and fuel system components. This shall include a detailed description of each auxiliary emission control device. Transmission gear ratios, overall drive ratios and vehicle mass (or range of mass) shall also be included. The label and its location shall be specified, § 86.413. Available optional equipment shall be described.
(ii) The range of available fuel and ignition system adjustments.
(iii) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles for which certification is requested. If reduced testing based on low sales volume is requested the method of predicting sales shall be described.
(iv) A description of the test equipment (if applicable) and fuel and engine lubricant proposed to be used.
(v) A description of the proposed service accumulation procedure and a description of the proposed scheduled maintenance.
(vi) A statement of recommended periodic and anticipated maintenance and procedures necessary to assure that the vehicles covered by a certificate of conformity in operation conform to the regulations, listings of the fuels and lubricants to be recommended to the ultimate purchaser and a description of the program for training of personnel for such maintenance, and the equipment required to perform this maintenance.
(vii) A description of normal assembly line operations and adjustments if such procedures exceed 100 km (62 miles) or three hours of engine operations.
(viii) Beginning with model year 2008, a description of the evaporative emission controls and applicable test data.
(ix) The name of an agent for service of process located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part.
(3) Completed copies of the application and of any amendments thereto, and all notifications under §§ 86.438 and 86.439 shall be submitted in such multiple copies as the Administrator may require.
(4) For purposes of this section, “auxiliary emission control device” 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.
(b) New motorcycles produced by a small-volume manufacturer (as defined in § 86.410(e)) or by any other manufacturer whose projected sales in the United States is less than 10,000 units (for the model year in which certification is sought) are covered by the following:
(1) All the information that would otherwise be required to be submitted to EPA under paragraph (a)(2) of this section must be made a part of the manufacturer's records, except there is no requirement to submit the information to the Administrator or receive approval from the Administrator.
(2) Section 86.437 details the statements that these manufacturers are required to provide to the Administrator.
(c) For the purpose of determining applicability of paragraphs (a) or (b) of this section, where there is more than one importer or distributor of vehicles manufactured by the same person, the projected sales shall be the aggregate of the projected sales of those vehicles by such importers or distributors.
(d)(1) The Administrator has determined that the following certification procedure may be used to demonstrate compliance for each motorcycle engine family for which certification is sought. Manufacturers may follow these procedures at their option.
(i) The manufacturer shall satisfy all applicable requirements of part 86 necessary to demonstrate compliance with the standards for each class of new motorcycles 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 motorcycle 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 were 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 class of new motorcycles for which certification is sought. Such application shall be made in writing to the Administrator by the manufacturer.
(A) The Administrator may approve or disapprove in whole or in part an application for certification according to the procedures specified in § 86.417-78(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) 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.
(2) Those families which are not following the procedure described in paragraph (d)(1) of this section will follow the procedure in this subpart with the exception of paragraph (d)(1) of this section.
(e) The Administrator may require that an engine family previously allowed to be subjected to the abbreviated certification review procedure be transferred to the complete review procedure.
(f) Upon request, the Administrator may allow a manufacturer to use alternate certification procedures that are equivalent in terms of demonstrating compliance with the requirements of this part.
(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 as appropriate.
(b) The Administrator may disapprove in whole or in part an application for certification for reasons including incompleteness, inaccuracy, inappropriate proposed distance accumulation procedures, maintenance, test
(a) Test fleet selection and requirements on test vehicles are found in §§ 86.419 to 86.423. This selection process is also graphically depicted in Figure E78-1.
(b) [Reserved]
(a)(1) Engine displacement shall be calculated using nominal engine values and rounded to the nearest whole cubic centimetre, in accordance with ASTM E 29-67.
(2) For rotary engines, displacement means the maximum volume of a combustion chamber between two rotor tip seals minus the minimum volume of that combustion chamber between those two rotor tip seals times three times the number of rotors.
(b) Motorcycles will be divided into classes based on engine displacement.
(1) Class I—50 to 169 cc (3.1 to 10.4 cu. in.).
(2) Class II—170 to 279 cc (10.4 to 17.1 cu. in.).
(3) Class III—280 cc and over (17.1 cu. in. and over).
(c) At the manufacturer's option, a vehicle described in an application for certification may be placed in a higher class (larger displacement). All procedures for the higher class must then be complied with, compliance with emission standards will be determined on the basis of engine displacement.
(a)(1) Engine displacement shall be calculated using nominal engine values and rounded to the nearest whole cubic centimeter, in accordance with ASTM E 29-93a (incorporated by reference in § 86.1).
(2) For rotary engines, displacement means the maximum volume of a combustion chamber between two rotor tip seals, minus the minimum volume of the combustion chamber between those two rotor tip seals, times three times the number of rotors, according to the following formula:
(b) Motorcycles will be divided into classes based on engine displacement.
(1) Class I—0 to 169 cc (0 to 10.4 cu. in.).
(i) Class I motorcycles with engine displacement less than 50 cc comprise the Class I-A subclass.
(ii) Class I motorcycles with engine displacement 50 cc or higher comprise the Class I-B subclass.
(2) Class II—170 to 279 cc (10.4 to 17.1 cu. in.).
(3) Class III—280 cc and over (17.1 cu. in. and over).
(c) At the manufacturer's option, a vehicle described in an application for certification may be placed in a higher class (larger displacement). All procedures for the higher class must then be complied with and compliance with emission standards will be determined on the basis of engine displacement.
(a) The vehicles covered in the application will be divided into groupings whose engines 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.
(b)
(1) The combustion cycle.
(2) The cooling mechanism.
(3) The cylinder configuration (inline, vee, opposed, bore spacings, etc.).
(4) The number of cylinders.
(5) The engine displacement class, § 86.419.
(6) The method of air aspiration.
(7) The number of catalytic converters, location, volume, and composition.
(8) The thermal reactor characteristics.
(9) The number of carburetors.
(10) The prechamber characteristics.
(c) At the manufacturer's option, reciprocating engines identical in all the respects listed in paragraph (b) 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 features such as:
(1) The bore and stroke.
(2) The combustion chamber configuration.
(3) The intake and exhaust timing method of actuation (poppet valve, reed valve, rotary valve, etc.).
(4) The intake and exhaust valve or port sizes, as applicable.
(5) The fuel system.
(6) The exhaust system.
(d)
(1) The major axis of the epitrochoidal curve.
(2) The minor axis of the epitrochoidal curve.
(3) The generating radius of the epitrochoidal curve.
(4) The cooling mechanism.
(5) The number of rotors.
(6) The engine displacement class, § 86.419.
(7) The method of air aspiration.
(8) The number of catalytic converters, location, volume and composition.
(9) The thermal reactor characteristics.
(10) The number of carburetors.
(11) The prechamber characteristics.
(e) At the manufacturer's option, rotary combustion cycle engines identical in all the respects listed in paragraph (d) 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 features, such as:
(1) The width of the rotor housing.
(2) The type and location of intake port (side, peripheral, combination, etc.).
(3) The number of spark plugs per rotor.
(4) The fuel system.
(5) The exhaust system.
(f) Where engines are of a type which cannot be divided into engine families
(a) A test vehicle will be selected by the Administrator to represent each engine-displacement-system combination. The configuration (engine calibration, transmission, drive ratio, mass, options, etc.) in the manufacturer's application which the Administrator believes has the greatest probability of exceeding the standards will be selected.
(b) At the manufacturer's option, the Administrator will only select one vehicle to represent each engine family where the total projected annual sales for that family are less than 5,000 vehicles.
(c) A manufacturer may elect to operate and test additional vehicles which are identical to those selected by the Administrator. Written notice of a commitment to operate and test additional vehicles shall be given to the Administrator prior to the start of testing and not later than 30 days following notification of the test fleet selection. The results of tests performed by the manufacturer will be combined to determine deterioration factors. Each vehicle must meet applicable standards when tested by the Administrator and when those results are projected to the useful life.
(d) In lieu of testing a test vehicle and submitting data therefore, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data on a similar vehicle for which certification has previously been obtained or for which all applicable data has previously been submitted.
The Administrator may require additional test vehicles identical in all material respects to vehicles selected in accordance with § 86.421. The number of vehicles selected shall not increase the size of the test fleet by more than 20 percent or one vehicle, whichever is greater.
(a)(1) Before beginning service accumulation on a test vehicle, the manufacturer may perform a zero-kilometer exhaust emission test.
(2) If such a test is performed, the data shall be submitted to the Administrator when the application is submitted.
(3) Zero-kilometer test results shall not be included in the determination of deterioration factors.
(b) Once a manufacturer begins to operate a test vehicle, as indicated by compliance with paragraph (a) of this section, the data from the vehicle will be used, unless specified otherwise by the Administrator. Discontinuation of a vehicle shall be allowed only with the written consent of the Administrator.
(c) Test vehicles shall be calibrated at zero kilometres within the production tolerances applicable to the manufacturer's specifications.
(d) The Administrator may disqualify a vehicle which receives assembly line operations and adjustments which will not be performed on production vehicles.
(a) Motorcycle emission test procedures are found in subpart F.
(b) The Administrator may prescribe emission test procedures for any motorcycle which he determines is not susceptible to satisfactory testing by the procedures set forth in subpart F.
(c) Testing of any type with respect to any test vehicle other than that specified in this subpart and subpart F is not allowed except as specifically authorized by the Administrator.
(a) The procedure for service 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 distance
(b) During service accumulation, vehicles shall not be operated for more than 12 hours during an operating sequence. Engine shutdowns are permitted during the operating sequence, but the periods of shutdown are not included in the 12 hour total. Following each operating sequence, the vehicle shall soak, without operation, for a minimum of 8 hours. During soak periods, the vehicle shall be exposed to normal outside ambient temperatures and humidity conditions unless vehicle maintenance or servicing is being performed.
(c) The manufacturer's recommended shifting procedure will be used for laps 1 through 10. Lap 11 shifts (W.O.T. accelerations) must be conducted at the manufacturer's recommended maximum safe engine speed.
(a)(1) Each test vehicle shall be driven with all emission control systems installed and operating for the following total test distances, or for such lesser distances as the Administrator may agree to as meeting the objectives of this procedure. (See § 86.419 for class explanation.)
(2) A zero kilometer emission test may be performed prior to the beginning of service accumulation.
(b) All vehicles shall undergo at least four emission tests; one at the minimum test distance, one before and one after periodic maintenance, and one at the total test distance. If no maintenance is scheduled, then at least two tests will be performed, at equal intervals, between the minimum and total test distances. Additional tests may be performed; such tests must be at equal intervals and approved by the Administrator prior to starting service accumulation.
(c) Where the Administrator agrees to a lesser distance for service accumulation, he may modify the maintenance provisions of this subpart.
(d) All tests required by this subpart must be conducted at an accumulated distance within 250 kilometers (155 mi) of the nominal distance at each test point.
(e)(1) If a manufacturer conducts multiple tests at any test point at which the data are intended to be used in the calculation of the deterioration factor, the number of tests must be the same at each point and may not exceed three valid tests unless the manufacturer chooses to average the test results.
(2) If the manufacturer chooses to average the test results at a test point, he may conduct more tests than the minimum number of tests conducted at any other test point.
The results of the multiple tests shall be averaged to create a single value which is the test point value used in the deterioration factor calculation specified in § 86.432-78.
(3) When using this option to generate data for a particular test point, the manufacturer must include in the average all valid test data generated at that test point.
(4) The manufacturer shall follow the same procedure for all exhaust pollutants.
(5) The test results obtained from the emission tests performed before and after maintenance affecting emissions shall not be averaged.
(f) The Administrator may require that any one or more of the test vehicles be submitted to him, at such 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.
(g) Whenever the Administrator conducts a test on a test vehicle, the results of that test, unless subsequently invalidated by the Administrator, shall comprise the data for the vehicle 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.
(a) Periodic maintenance on the engine, emission control system, and fuel system of test vehicles shall be scheduled for performance at the same distance intervals that will be specified in the manufacturer's maintenance instructions furnished to the ultimate purchaser. Such maintenance shall be performed only under the following provisions.
(b) Periodic major engine tune-ups to the manufacturer's specifications may be performed no more frequently than as follows nor may any tune-up be performed within 1000 km prior to the official test.
(c) A scheduled major engine tune-up shall be restricted to items listed below and shall be conducted in a manner consistent with service instructions and specifications provided by the manufacturer for use by customer service personnel. The following items may be inspected, replaced, cleaned, adjusted, and/or serviced as required: (1) Breaker points, timing, (2) idle speed and idle air/fuel mixture, (3) valve lash, (4) engine bolt torque, and (5) spark plugs.
(d) The Administrator will specify the ignition timing, idle air fuel mixture and other fuel system adjustments to be used at each tune-up. The settings selected will be those the Administrator deems appropriate within the physically available range.
(e) Periodic change of engine and transmission oil, and change or service of oil, air, and fuel filters will be allowed at the same distance intervals that will be specified in the manufacturer's maintenance instructions.
(f) Requests for authorization of periodic maintenance of emission control related components not specifically authorized to be maintained by this section, and for anticipated maintenance (see § 86.428), must be made prior to the beginning of distance accumulation. The Administrator will approve the performance of such maintenance if the manufacturer makes a satisfactory showing that the maintenance will be performed on vehicles in use and that the maintenance is reasonable and necessary.
(1) The EGR system may be serviced a maximum of two times during the durability service accumulation if failure of the EGR system activates an audible and/or visual signal approved by the Administrator which alerts the vehicle operator to the need for EGR system maintenance, or if the need for periodic maintenance of the EGR system is overtly signalled to the vehicle operator by an appropriate means, e.g., an indicator light or significantly reduced driveability performance.
(2) The catalytic converter may be serviced only once during the durability service accumulation if failure of the catalytic converter activates an audible and/or visual signal approved by the Administrator which alerts the vehicle operator to the need for catalytic converter maintenance, or if the need for periodic maintenance of the catalytic converter is overtly signalled to the vehicle operator by an appropriate means, e.g., an indicator light or significantly reduced driveability performance.
(g) Certain engine components may require maintenance which, by its nature, cannot be scheduled for periodic intervals, but which the manufacturer believes will be necessary. For example, piston and cylinder replacement caused by piston seizure which results in the vehicle being inoperative; or in the case of two-stroke engines, decarbonization, the need for which is signalled to the vehicle operator by
(h) Complete emission tests (see subpart F) are required, unless waived by the Administrator, before and after any vehicle maintenance which may reasonably be expected to affect emissions.
(a) Any unscheduled engine, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement on vehicles shall be performed only with the advance approval of the Administrator.
(1) In the case of unscheduled maintenance, such approval will be given if the Administrator:
(i) Has made a preliminary determination that part failure or system malfunction, or the repair of such failure or malfunction, does not render the vehicle unrepresentative of vehicles 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 misfire, vehicle stall, overheating, fluid leakage, loss of oil pressure, or charge indicator warning.
(2) Emission measurements may not be used as a means of determining the need for unscheduled maintenance under paragraph (a)(1)(i) of this section.
(b) Repairs to vehicle components of test vehicles, 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.
(c) The Administrator shall be given the opportunity to verify the extent of an overt indication of part failure and/or vehicle malfunction (e.g., misfire, stall), or an activation of an audible and/or visual signal, prior to the performance of any maintenance to which such overt indication or signal is relevant under the provisions of this section.
(d) 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 at dealerships and other service outlets and
(1) Are used in conjunction with scheduled maintenance on such components, and
(2) Are used subsequent to the identification of a vehicle or engine malfunction, as provided in paragraph (a)(1) of this section for durability or emission data vehicles, or
(3) Unless specifically authorized by the Administrator.
(e) If the Administrator determines that part failure or system malfunction occurrence and/or repair rendered the vehicle unrepresentative of vehicles in use, the vehicle shall not be used as a test vehicle.
(f) Complete emission tests are required, unless waived by the Administrator, before and after any vehicle maintenance which may reasonably be expected to affect emissions.
Any test vehicle which incurs major mechanical failure necessitating disassembly of the engine shall not be used as a test vehicle. This prohibition does not apply to failures occurring after the completion of all required tests at the total test distance.
(a) Data from all tests (including voided tests) performed by a manufacturer with total projected sales in excess of 10,000 vehicles shall be included in the application.
(b) The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was
(c) When unscheduled or anticipated maintenance is performed, a complete record of all pertinent maintenance, including the malfunction diagnosis made, the corrective action taken, and the test data obtained shall be included in the application.
(d) A complete record of all maintenance shall be supplied.
(a) Deterioration factors shall be developed for each test vehicle from the emission test results. A separate factor shall be developed for each pollutant. The applicable data to be used in calculating these factors are:
(1) The results from all valid tests conducted by the manufacturer or Administrator at scheduled test intervals.
(2) The results from tests conducted before and after scheduled maintenance unless specifically excluded by the Administrator.
(3) The results from tests conducted before and after unscheduled maintenance, if approval of the maintenance by the Administrator was conditioned on the data being used in the deterioration factor calculation.
(b) Emission results which are less than 0.10 g/km shall be considered to be 0.10 g/km for purposes of this section.
(c) Test results for each pollutant shall be plotted as a function of the service accumulated at the start of the emission test, rounded to the nearest kilometre. These results shall be correlated to a straight line, fit by the method of least squares.
(d) An exhaust emission deterioration factor will be calculated by dividing the predicted emissions at the useful life distance by the predicted emissions at the total test distance. Predicted emissions are obtained from the correlation developed in paragraph (c) of this section.
(e) Deterioration factors computed to be less than 1.000 shall be 1.000.
(f)(1) 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.
(2) The outlier procedure will be specified by the Administrator.
(3) 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.
(4) 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.
(5) The manufacturer may not change procedures after the first engine family of the model year is certified.
(6) Where the manufacturer chooses to apply the outlier procedure to a data set containing data which were averaged under § 86.427-78(e), the outlier procedure shall be completed before averaging the data.
(a) At the conclusion of service accumulation, and after emission tests for deterioration, the Administrator may require confirmatory testing. The Administrator will designate where such testing shall be performed.
(b) The manufacturer may request a retest. The results of the retest will be used to determine compliance.
(c) If the emission results exceed the standard, certification will be denied.
(a) If the deterioration factor lines are below the standards between the minimum test distance and the useful life, or if all points used to generate the lines are below the standards, predicted useful life emissions shall be calculated. If not, the manufacturers may elect to withdraw the vehicle or accumulate additional service.
(b) The emission test results of each pollutant obtained from the half life test will be multiplied by the appropriate deterioration factors to determine useful life emissions.
(1) If the useful life emissions are below the standards, certification will be granted.
(2) If any of the useful life emissions exceed the emission standards, the vehicle must (if not withdrawn) accumulate distance to the useful life.
(a) Additional service up to the useful life will be accumulated under the same conditions as the initial service accumulation.
(b) New deterioration lines will be generated using all applicable test points up to the useful life. The same procedures for determining the original deterioration lines will be used.
(c) [Reserved]
(d) To qualify for certification:
(1) The full life emission test results must be below the standards, and
(2) The deterioration line must be below the standard at the minimum test distance and the useful life, or all points used to generate the line, must be below the standard.
(e) If the vehicle is unable to complete the total distance due to engine mechanical failure, certification will be granted if:
(1) The mechanical failure was anticipated, § 86.428, and
(2) A new deterioration line calculated using the procedure described in § 86.436-78(b) is below the standard at the minimum test distance and at the useful life, and,
(3) The results of the half life emission tests, when adjusted by the new deterioration factors, are below the standards.
(a) New motorcycles produced by a manufacturer whose projected sales in the United States is 10,000 or more units (for the model year in which certification is sought) are covered by the following:
(1) The manufacturer shall submit to the Administrator a statement that the test vehicles with respect to which data are submitted have been tested in accordance with the applicable test procedures, that they meet the requirements of such tests, and that, on the basis of such tests, they conform to the requirements of the regulations in this part. If such statements cannot be made with respect to any vehicle tested, the vehicle shall be identified, and all pertinent test data relating thereto shall be supplied.
(2)(i) If, after a review of the test reports and data submitted by the manufacturer, data derived from any inspection carried out under § 86.441 and any other pertinent data or information, the Administrator determines that a test vehicle(s) meets the requirements of the Act and of this subpart, he will issue a certificate of conformity with respect to such vehicle(s) except in cases covered by § 86.442.
(ii) 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 to assure that any new motorcycle covered by the certificate will meet the requirements of the act and of this subpart.
(iii) The certificate will cover all vehicles represented by the test vehicle and will certify compliance with no more than one set of applicable standards.
(3)(i) If, after a review of the test reports and data submitted by the manufacturer, data derived from any additional testing conducted pursuant to § 86.427, or information derived from any inspection carried out under § 86.441, or any other pertinent data or information, the Administrator determines that one or more test vehicles of
(ii) The manufacturer may, at his option, proceed with any of the following alternatives with respect to any vehicles represented by a test vehicle(s) determined not in compliance with applicable standards:
(A) Request a hearing.
(B) Delete from the application for certification the vehicles represented by the failing test vehicle. (Vehicles so deleted may be included in a later request for certification under paragraph (b)(2)(iii) of this section.) The Administrator will then select in place of each failing vehicle an alternate vehicle chosen in accordance with selection criteria employed in selecting the vehicle that failed, or
(C) Repair the test vehicle and demonstrate by testing that it meets applicable standards. Another vehicle which is in all material respects the same as the first vehicle, as repaired, shall then be operated and tested in accordance with applicable test procedures.
(iii) If the manufacturer does not request a hearing or present the required data under subparagraph (2) of this paragraph, the Administrator will deny certification.
(b) New motorcycles produced by a manufacturer whose projected sales in the United States is less than 10,000 units (for the model year in which certification is sought) are covered by the following:
(1) The manufacturer shall submit to the Administrator an application for certification containing the following:
(i) A brief description of the vehicles to be covered by the certificate (the manufacturer's sales data book or advertising including specifications will satisfy this requirement for most manufacturers).
(ii) A statement signed by the authorized representative of the manufacturer stating: “The vehicles described herein have been tested in accordance with the provisions of subpart E, part 86, title 40, of the Code of Federal Regulations, and on the basis of these 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 Administrator. Total sales of vehicles subject to this subpart will be limited to less than 10,000 units.”
(iii) The name of an agent for service of process located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part.
(2) If, after a review of the statement the Administrator determines that the requirements of this subpart have been met, he will issue a certificate of conformity with respect to the described vehicles except in cases covered by § 86.442.
(3) Such 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 new motorcycle covered by the certificate will meet the requirements of the Act and of this subpart.
(4) The certificate will cover all vehicles described by the manufacturer.
(5)(i) If, after a review of the statements and descriptions submitted by the manufacturer, the Administrator determines that the applicable requirements have not been met, he will notify the manufacturer in writing, setting forth the basis for his determination. The manufacturer may request a hearing on the Administrator's determination.
(ii) If the manufacturer does not request a hearing or present the required information the Administrator will deny certification.
(a) The manufacturer shall inform the Administrator by way of amendment to the application of any proposed changes to vehicles in production or additional vehicles to be produced. The Administrator will, if appropriate, select a new test vehicle. Except as provided in § 86.439, no changes may be
(b) The Administrator may allow reduced testing.
(a)(1) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle or a change in a vehicle under § 86.438-78, notify the Administrator concurrently with the addition of a vehicle or the making of a change in a vehicle if the manufacturer determines that following the change all vehicles affected by the addition or change will still meet the applicable emission standards.
(2) Such notification shall include a full description of the addition or change and any supporting documentation the manufacturer may include to support the manufacturer's determination that the addition or change does not cause noncompliance.
(3) 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) [Reserved]
(c)(1) The Administrator may require that additional emission testing be performed to support the manufacturer's original determination submitted in accordance with paragraph (a) of this section.
(2) If additional testing is required, the Administrator shall proceed as in § 86.438-78.
(3) Additional test data, if requested, must be provided within 30 days of the request or the manufacturer must rescind the addition or change immediately.
(4) The Administrator may grant additional time to complete testing.
(5) If based on this additional testing or any other information, the Administrator determines that the vehicles affected 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.
(d) Election to produce vehicles under this section will be deemed to be a consent to recall all vehicles which the Administrator determines under § 86.438-78 do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner.
(a) The manufacturer of any motorcycle 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)
(B) A description of all emission control systems which are installed on or incorporated in each certification vehicle.
(C) A description of all procedures used to test each such certification vehicle.
(ii) A properly completed application, following the format prescribed by the U.S. EPA for the appropriate year of production, fulfills each of the requirements of this paragraph.
(2)
(A)(
(
(
(
(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 distance accumulated on the vehicle.
(C) The date of each service accumulation run, listing the distance 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 emissions 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 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 dynamometer runaway.
(ii) Each such history shall be started on the date that the first of any of the selection or build-up activities in paragraph (a)(2)(i)(A) of this section occurred with respect to the certification vehicle, shall be updated each time the operational status of the vehicle changes or additional work is performed 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 the 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:
(a) Any manufacturer who has applied for certification of a new motorcycle subject to certification tests under this subpart shall admit or cause to be admitted any EPA Enforcement Officer during operating hours on presentation of any credentials to any of the following:
(1) Any facility where any such tests or any procedures or activities connected with such tests are or were performed.
(2) Any facility where any new motorcycle which is being, was or is to be tested is present.
(3) Any facility where any construction process or assembly process used in the modification or build-up of such a vehicle into a certification vehicle is taking place or has taken place.
(4) Any facility where any record or other document relating to any of the above is located.
(b) Upon admission to any facility referred to in paragraph (c)(1) of this section, any EPA Enforcement Officer shall be allowed:
(1) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle preconditioning, emissions tests and service accumulation, maintenance, and vehicle soak and storage procedures; and to verify correlation or calibration of test equipment;
(2) To inspect and make copies of any such records, designs, or other documents; and
(3) To inspect and/or photograph any part or aspect of any such certification vehicle and any components to be used in the construction thereof.
(c) In order to allow the Administrator to determine whether or not production motorcycles conform in all material respects to the design specifications which applied to those vehicles described in the application for certification for which a certificate of conformity has been issued and to standards prescribed under section 202 of the Act, any manufacturer shall admit any EPA Enforcement Officer on presentation of credentials to both:
(1) 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 is located or carried on; and
(2) Any facility where any motorcycles to be introduced into commerce are manufactured or assembled.
(d) On admission to any such facility referred to in paragraph (c)(3) of this section, any EPA Enforcement Officer shall be allowed:
(1) To inspect and monitor any aspects of such manufacture or assembly and other procedures;
(2) To inspect and make copies of any such records, documents or designs; and
(3) To inspect and photograph any part or aspect of any such new motorcycles and any component used in the assembly thereof that are reasonably related to the purpose of his entry.
(e) Any EPA Enforcement Officer 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.
(f) The duty to admit or cause to be admitted any EPA Enforcement Officer applies whether or not the applicant owns or controls the facility in question and applies both to domestic and to foreign manufacturers and facilities. EPA will not attempt to make any inspections which it has been informed that local law forbids. However, if local law makes it impossible to do what is necessary to insure the accuracy of data generated at a facility, no informed judgment that a vehicle or engine is certifiable or is covered by a certificate can properly be based on that data. It is the responsibility of the manufacturer to locate its testing and manufacturing facilities in jurisdictions where this situation will not arise.
(g) For purposes of this section:
(1)
(2) Where vehicle, component, or engine storage areas or facilities are concerned,
(3) Where facilities or areas other than those covered by paragraph (g)(2) of this section are concerned,
(4)
(5) Any entry without 24 hours prior written or oral notification to the affected manufacturer shall be authorized in writing by the Assistant Administrator for Enforcement.
(a) Notwithstanding the fact that any certification vehicle(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) if:
(1) The manufacturer submits false or incomplete information in his application for certification thereof; or
(2) The manufacturer renders inaccurate or invalid any test data which he submits pertaining thereto or otherwise circumvents the intent of the Act or of this subpart with respect to such vehicle; or
(3) Any EPA Enforcement Officer is denied access on the terms specified in § 86.441 to any facility or portion thereof which contains any of the following:
(i) The vehicle, or
(ii) Any components used or considered for use in its modification or build-up into a certification vehicle, or
(iii) Any production vehicle which is or will be claimed by the manufacturer to be covered by the certificate, or
(iv) Any step in the construction of a vehicle described in paragraph (c) of this section, or
(v) Any records, documents, reports, or histories required by this part to be kept concerning any of the above.
(4) Any EPA Enforcement Officer is denied “reasonable assistance” (as defined in § 86.444) in examining any of the items listed in paragraph (a)(1)(iii) of this section.
(b) The sanctions of withholding, denying, revoking, or suspending of a certificate may be imposed for the reasons in paragraph (a) of this section only when the infraction is substantial.
(c) 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 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.
(d) In any case in which certification of a vehicle is proposed to be withheld, denied, revoked, or suspended under paragraph (a) (3) or (4) of this section, and in which the Administrator has presented to the manufacturer involved reasonable evidence that a violation of § 86.441 in fact occurred, the manufacturer, if the wishes to contend that, even though the violation occurred, the vehicle in question was not involved in the violation to a degree that would warrant withholding, denial, revocation, or suspension of certification under either paragraph (a) (3) or (4) of this section, shall have the burden of establishing that contention to the satisfaction of the Administrator.
(e) Any revocation or suspension of certification under paragraph (a) of this section shall:
(1) Be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.444 hereof.
(2) Extend no further than to forbid the introduction into commerce of vehicles 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.
(f) The manufacturer may request in the form and manner specified in § 86.443 that any determination made by the Administrator under paragraph (a) of this section to withhold or deny certification be reviewed in a hearing conducted in accordance with § 86.444. 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.
Within 30 days following receipt of notification that an application has been rejected or that certification has been denied, 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 with respect to such issue.
(a)(1) After granting a request for a hearing under § 86.443 the Administrator will designate a Presiding Officer for the hearing.
(2) The General Counsel will represent the Environmental Protection Agency in any hearing under this section.
(3) If a time and place for the hearing have not been fixed by the Administrator under § 86.443, the hearing shall be held as soon as practicable at a time and place fixed by the Administrator or by the Presiding Officer.
(4) In the case of any hearing requested pursuant to § 86.437, 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 issue by the Administrator under 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 appeal 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 irrevelant, 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 hearing shall, upon a showing satisfactory to the Presiding
(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 therefore 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 therefore on all the material issues of fact, law, or discretion presented on the appeal or considered in the review.
(a) After considering the circumstances, the Director of the Office of Transportation and Air Quality may permit you to introduce into commerce highway motorcycles that do not comply with emission standards if all the following conditions and requirements apply:
(1) Unusual circumstances that are clearly outside your control and that could not have been avoided with reasonable discretion prevent you from meeting requirements from this chapter.
(2) You exercised prudent planning and were not able to avoid the violation; you have taken all reasonable steps to minimize the extent of the nonconformity.
(3) Not having the exemption will jeopardize the solvency of your company.
(4) No other allowances are available under the regulations of this part to avoid the impending violation, excluding those in § 86.446.
(b) To apply for an exemption, you must send the Designated Compliance Officer a written request as soon as possible before you are in violation. In your request, show that you meet all the conditions and requirements in paragraph (a) of this section.
(c) Include in your request a plan showing how you will meet all the applicable requirements as quickly as possible.
(d) You must give us other relevant information if we ask for it.
(e) We may include reasonable additional conditions on an approval granted under this section, including provisions to recover or otherwise address the lost environmental benefit or paying fees to offset any economic gain resulting from the exemption. For example, in the case of multiple tiers of emission standards, we may require that you meet the less stringent standards.
(f) Add a permanent, legible label, written in block letters in English, to a readily visible part of each motorcycle exempted under this section. This label must include at least the following items:
(1) The label heading “EMISSION CONTROL INFORMATION”.
(2) Your corporate name and trademark.
(3) Engine displacement (in liters) and model year of the engine or whom to contact for further information.
(4) The statement “THIS MOTORCYCLE IS EXEMPT UNDER 40 CFR 86.445-2006 FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.”.
(a) After considering the circumstances, the Director of the Office of Transportation and Air Quality may extend the compliance deadline for you to meet new or revised emission standards, as long as you meet all the conditions and requirements in this section.
(b) To be eligible for this exemption, you must qualify as a small-volume manufacturer under § 86.410-2006(e).
(c) To apply for an extension, you must send the Designated Compliance Officer a written request. In your request, show that all the following conditions and requirements apply:
(1) You have taken all possible business, technical, and economic steps to comply.
(i) In the case of importers, show that you attempted to find a manufacturer capable of supplying complying products as soon as you became aware of the applicable requirements, but were unable to do so.
(ii) For all other manufacturers, show that the burden of compliance costs prevents you from meeting the requirements of this chapter.
(2) Not having the exemption will jeopardize the solvency of your company.
(3) No other allowances are available under the regulations in this part to avoid the impending violation, excluding those in § 86.445.
(d) In describing the steps you have taken to comply under paragraph (c)(1) of this section, include at least the following information:
(1) Describe your business plan, showing the range of projects active or under consideration.
(2) Describe your current and projected financial standing, with and without the burden of complying fully with the regulations in this part.
(3) Describe your efforts to raise capital to comply with regulations in this part (this may not apply for importers).
(4) Identify the engineering and technical steps you have taken or plan to take to comply with the regulations in this part.
(5) Identify the level of compliance you can achieve. For example, you may be able to produce engines that meet a somewhat less stringent emission standard than the regulations require.
(e) Include in your request a plan showing how you will meet all the applicable requirements as quickly as possible.
(f) You must give us other relevant information if we ask for it.
(g) An authorized representative of your company must sign the request and include the statement: “All the information in this request is true and accurate, to the best of my knowledge.”
(h) Send your request for this extension at least nine months before new standards apply. Do not send your request before the regulations in question apply to other manufacturers.
(i) We may include reasonable requirements on an approval granted under this section, including provisions to recover or otherwise address the lost environmental benefit. For example, we may require that you meet a less stringent emission standard or buy and use available emission credits.
(j) We will approve extensions of up to one year. We may review and revise an extension as reasonable under the circumstances.
(k) Add a permanent, legible label, written in block letters in English, to a readily visible part of each motorcycle exempted under this section. This label must include at least the following items:
(1) The label heading “EMISSION CONTROL INFORMATION”.
(2) Your corporate name and trademark.
(3) Engine displacement (in liters) and model year of the motorcycle or whom to contact for further information.
(4) The statement “THIS MOTORCYCLE IS EXEMPT UNDER 40 CFR 86.446 FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.”.
(a)
(b)
(c)
(d)
(1) Your engine must be below 50 cc and must be covered by a valid certificate of conformity for Class II engines issued under 40 CFR part 90 or for recreational vehicles under 40 CFR part 1051.
(2) You must not make any changes to the certified engine that could reasonably be expected to increase its exhaust emissions for any pollutant, or its evaporative emissions, if applicable. For example, if you make any of the following changes to one of these engines, you do not qualify for this exemption:
(i) Change any fuel system or evaporative system parameters from the certified configuration.
(ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original engine manufacturer's specified ranges.
(3) You must show that fewer than 50 percent of the engine family's total sales in the United States are used in highway motorcycles. This includes engines used in any application, without regard to which company manufactures the vehicle or equipment. In addition, if you manufacture highway motorcycles, you must show that fewer than 50 percent of the engine family's total sales in the United States are highway motorcycles. Show that you meet the engine-sales criterion as follows:
(i) If you are the original manufacturer of the engine, base this showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of the engine to confirm the engine sales volumes based on its sales information.
(4) You must ensure that the engine has the label we require under 40 CFR part 90 or 1051.
(5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the vehicle. In the supplemental label, do the following:
(i) Include the heading: “HIGHWAY MOTORCYCLE ENGINE EMISSION CONTROL INFORMATION”.
(ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate.
(iii) State: “THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT AFFECTING ITS EMISSION CONTROLS.”.
(iv) State the date you finished installation (month and year), if applicable.
(6) Send the Designated Compliance Officer a signed letter by the end of each calendar year (or less often if we tell you) with all the following information:
(i) Identify your full corporate name, address, and telephone number.
(ii) List the engine or vehicle models you expect to produce under this exemption in the coming year.
(iii) State: “We produce each listed [engine or vehicle] model for without making any changes that could increase its certified emission levels, as described in 40 CFR 86.447-2006.”.
(e)
(f)
(g)
(a)
(b)
(c)
(d)
(1) Your motorcycle must have an engine below 50 cc and it must be covered by a valid certificate of conformity as a recreational vehicle issued under 40 CFR part 1051.
(2) You must not make any changes to the certified recreational vehicle that we could reasonably expect to increase its exhaust emissions for any pollutant, or its evaporative emissions if it is subject to evaporative-emission standards. For example, if you make any of the following changes, you do not qualify for this exemption:
(i) Change any fuel system parameters from the certified configuration.
(ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the vehicle manufacturer's application for certification. This includes aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original vehicle manufacturer's specified ranges.
(3) You must show that fewer than 50 percent of the engine family's total sales in the United States are used in highway motorcycles. This includes highway and off-highway motorcycles, without regard to which company completes the manufacturing of the highway motorcycle. Show this as follows:
(i) If you are the original manufacturer of the vehicle, base this showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of the vehicle to confirm this based on their sales information.
(4) The highway motorcycle must have the vehicle emission control information we require under 40 CFR part 1051.
(5) You must add a permanent supplemental label to the highway motorcycle in a position where it will remain clearly visible. In the supplemental label, do the following:
(i) Include the heading: “HIGHWAY MOTORCYCLE ENGINE EMISSION CONTROL INFORMATION”.
(ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate.
(iii) State: “THIS VEHICLE WAS ADAPTED FOR HIGHWAY USE WITHOUT AFFECTING ITS EMISSION CONTROLS.”.
(iv) State the date you finished modifying the vehicle (month and year), if applicable.
(6) Send the Designated Compliance Officer a signed letter by the end of each calendar year (or less often if we tell you) with all the following information:
(i) Identify your full corporate name, address, and telephone number.
(ii) List the highway motorcycle models you expect to produce under this exemption in the coming year.
(iii) State: “We produced each listed highway motorcycle without making any changes that could increase its certified emission levels, as described in 40 CFR 86.448-2006.”.
(e)
(f)
(g)
(a) This section describes how and when averaging may be used to show compliance with applicable HC+NO
(1) Compliance with the Class I and Class II HC+NO
(2) Compliance with the Class III HC+NO
(3) Family emission limits (FELs) may not exceed the following caps:
(b) Do not include any exported vehicles in the certification averaging program. Include only motorcycles certified under this subpart and intended for sale in the United States.
(c) To use the averaging program, do the following things:
(1) Certify each vehicle to a family emission limit.
(2) Calculate a preliminary average emission level according to paragraph (d) of this section using projected production volumes for your application for certification.
(3) After the end of your model year, calculate a final average emission level according to paragraph (d) of this section for each averaging set for which you manufacture or import motorcycles.
(d) Calculate your average emission level for each averaging set for each model year according to the following equation and round it to the nearest tenth of a g/km. Use consistent units throughout the calculation. The averaging sets are defined in paragraph (k) of this section.
(1) Calculate the average emission level as:
(2) Use production projections for initial certification, and actual production volumes to determine compliance at the end of the model year.
(e)(1) Maintain and keep five types of properly organized and indexed records for each group and for each emission family:
(i) Model year and EPA emission family.
(ii) FEL.
(iii) Useful life.
(iv) Projected production volume for the model year.
(v) Actual production volume for the model year.
(2) Keep paper records of this information for three years from the due date for the end-of-year report. You may use any additional storage formats or media if you like.
(3) Follow paragraphs (f) through (i) of this section to send us the information you must keep.
(4) We may ask you to keep or send other information necessary to implement this subpart.
(f) Include the following information in your application for certification:
(1) A statement that, to the best of your belief, you will not have a negative credit balance for any motorcycle when all credits are calculated. This means that if you believe that your average emission level will be above the standard (
(2) Detailed calculations of projected emission credits (zero, positive, or negative) based on production projections. If you project a credit deficit, state the source of credits needed to offset the credit deficit.
(g) At the end of each model year, send an end-of-year report.
(1) Make sure your report includes the following things:
(i) Calculate in detail your average emission level and any emission credits based on actual production volumes.
(ii) If your average emission level is above the allowable average standard, state the source of credits needed to offset the credit deficit.
(2) Base your production volumes on the point of first retail sale. This point is called the final product-purchase location.
(3) Send end-of-year reports to the Designated Compliance Officer within 120 days of the end of the model year. If you send reports later, EPA may void your certificate ab initio.
(4) If you generate credits for banking pursuant to paragraph (j) of this section and you do not send your end-of-year reports within 120 days after the end of the model year, you may not use the credits until we receive and review your reports. You may not use projected credits pending our review.
(5) You may correct errors discovered in your end-of-year report, including errors in calculating credits according to the following table:
(h) Include in each report a statement certifying the accuracy and authenticity of its contents.
(i) We may void a certificate of conformity for any emission family if you do not keep the records this section requires or give us the information when we ask for it.
(j) You may include Class III motorcycles that you certify with HC+NO
(1) To include a Class III motorcycle in the early banking program, assign it an emission rate of 0.8 g/km when calculating your average emission level for compliance with the Tier 1 standards.
(2)(i) Calculate bankable credits from the following equation:
(ii) The value of Y is defined by the model year and emission level, as shown in the following table:
(3) Credits banked under this paragraph (j) may be use for compliance with any 2010 or later model year standards as follows:
(i) If your average emission level is above the average standard, calculate your credit deficit according to the following equation, rounding to the nearest tenth of a gram:
(ii) Credit deficits may be offset using banked credits.
(k) Credits may not be exchanged across averaging sets except as explicitly allowed by this paragraph (k).
(1) There are two averaging sets:
(i) Class I and Class II motorcycles certified to HC+NO
(ii) Class III motorcycles.
(2) Where a manufacturer's average HC+NO
(l) Manufacturers participating in the averaging program of this section may modify FELs during the model year as specified in this paragraph (l).
(1) Upon notifying EPA, manufacturers may raise the FEL for an engine family and begin labeling motorcycles with the new FEL.
(2) Manufacturers may ask to lower FELs based on test data of production vehicles showing that the motorcycles in the engine family have emissions below the new FEL. Manufacturers must test the motorcycles according to 40 CFR part 1051, subpart D. Manufacturers may not begin labeling motorcycles with the new FEL until they have received EPA approval to do so.
(3) Manufacturers may not change the FEL of any motorcycle that has been placed into service or that is no longer in their possession.
(a) This subpart contains the motorcycle test procedures specified in subpart E.
(b) Provisions of this subpart apply to tests performed by both the Administrator and motor vehicle manufacturers.
(a) The definitions in § 86.402-78 apply to this subpart.
(b) [Reserved]
(a) The abbreviations in § 86.403-78 apply to this subpart.
(b) [Reserved]
(a) The section numbering system described in § 86.404-78 is used in this subpart.
(b) [Reserved]
(a) This subpart describes the equipment required and the procedures to follow in order to perform exhaust emission tests on motorcycles. Subpart E sets forth the testing requirements and test intervals necessary to comply with EPA certification procedures.
(b) Three topics are addressed in this subpart. Sections 86.508 through 86.515 set forth specifications and equipment requirements; §§ 86.516 through 86.526 discuss calibration methods and frequency; test procedures and data requirements are listed (in approximate order of performance) in §§ 86.527 through 86.544.
(a) This subpart describes the equipment required and the procedures to follow in order to perform exhaust emission tests on motorcycles. Subpart E sets forth the testing requirements and test intervals necessary to comply with EPA certification procedures. Alternate equipment, procedures, and calculation methods may be used if shown to yield equivalent or superior results, and if approved in advance by the Administrator.
(b) Three topics are addressed in this subpart. Sections 86.508 through 86.515 set forth specifications and equipment requirements; §§ 86.516 through 86.526 discuss calibration methods and frequency; test procedures and data requirements are listed (in approximate order of performance) in §§ 86.527 through 86.544.
(c) For diesel-fueled motorcycles, use the sampling and analytical procedures and the test fuel described in subpart B of this part for diesel-fueled light-duty vehicles. PM measurement is not required.
(a) The dynamometer shall have a single roll with a diameter of at least 0.400 metre.
(b) The dynamometer shall be equipped with a roll revolution counter for measuring actual distance traveled.
(c) Flywheels or other means shall be used to stimulate the inertia specified in § 86.529.
(d) A variable speed cooling blower shall direct air to the vehicle. The blower outlet shall be at least 0.40 m
(e) The dynamometer shall comply with the tolerances in § 86.529.
(a)(1)
(2)
(i) Using a duct of unrestricted length maintained at a temperature above the maximum dew point of the exhaust, but below 121 °C (250 °F); heating and possibly cooling capabilities are required; or
(ii) Using a short duct (up to 12 feet long) constructed of smooth wall pipe with a minimum of flexible sections, maintained at a temperature above the maximum dew point of the exhaust, but below 121 °C (250 °F), prior to the test and during any breaks in the test and uninsulated during the test (insulation may remain in place and/or heating may occur during testing provided maximum temperature is not exceeded); or
(iii) Using smooth wall duct less than five feet long with no required heating. A maximum of two short flexible connectors are allowed under this option; or
(iv) Omitting the duct and performing the exhaust gas dilution function at the motorcycle tailpipe exit.
(3)
(4)
(5)
(6)
(b)
(1) Static pressure variations at the tailpipe(s) of the vehicle shall remain within ±1.25 kPa (±5.02 in H
(2) The gas mixture temperature, measured at a point immediately ahead of the positive displacement pump, shall be within ±5 °C (9 °F) of the designed operating temperature at the start of the test. The gas mixture temperature variation from its value at the start of the test shall be limited to ±5 °C (9 °F) during the entire test. The temperature measuring system shall have an accuracy and precision of ±1 °C (1.8 °F).
(3) The pressure gauges shall have an accuracy and precision of ±0.4 kPa (±3 mm Hg).
(4) The location of the dilution air inlet shall be placed so as to use test-cell air for dilution and the flow capacity of the CVS shall be large enough to completely eliminate water condensation in the dilution and sampling systems. Control of water condensation with methanol-fueled vehicles is critical. Additional care may also be required to eliminate water condensation when testing natural gas and liquefied petroleum gas-fueled vehicles. (Procedures for determining CVS flow rates are detailed in “Calculation of Emissions and Fuel Economy When Using Alternative Fuels,” EPA 460/3-83-009.) Dehumidifying the dilution air before entering the CVS is allowed. Heating the dilution air is also allowed, provided:
(i) The air (or air plus exhaust gas) temperature does not exceed 121 °C (250 °F).
(ii) Calculation of the CVS flow rate necessary to prevent water condensation is based on the lowest temperature encountered in the CVS prior to sampling. (It is recommended that the CVS system be insulated when heated dilution air is used.)
(iii) The dilution ratio is sufficiently high to prevent condensation in bag samples as they cool to room temperature.
(5) Sample collection bags for dilution air and exhaust samples (hydrocarbons and carbon monoide) shall be of sufficient size so as not to impede sample flow. A single dilution air sample, covering the total test period, may be collected for the determination of methanol and formaldehyde background (methanol-fueled motorcycles).
(6) The methanol sample collection system and the formaldehyde sample collection system shall each be of sufficient capacity so as to collect samples of adequate size for analysis without significant impact on the volume of dilute exhaust passing through the PDP. The systems shall also comply with the following requirements that apply to the design of the systems, not to individual tests:
(i) The methanol system shall be designed such that if a test motorcycle continuously emitted the maximum allowable level of methanol (based on all applicable standards) the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the GC analyzer.
(ii) The formaldehyde system shall be designed such that if a test motorcycle continuously emitted formaldehyde at a rate equal to twenty percent of the maximum allowable level of THCE (
(iii) The methanol and formaldehyde systems shall be designed such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. This requirement does not apply to dilution air samples, since they do not require secondary impingers, or to samples in which the concentrations approach the limit of detection.
(c)
(1) Static pressure variations at the tailpipe(s) of the vehicle shall remain within ±1.25 kPa (5.02 in H
(2) The temperature measuring system shall have an accuracy and precision of ±1 °C (1.8 °F) and a response time of 0.100 second to 62.5 percent of a temperature change (as measured in hot silicone oil).
(3) The pressure measuring system shall have an accuracy and precision of ±0.4 kPa (±3 mm Hg).
(4) The location of the dilution air inlet shall be placed so as to use test-cell air for dilution and the flow capacity of the CVS shall be large enough to completely eliminate water condensation in the dilution and sampling systems. Control of water condensation with methanol-fueled vehicles is critical. Additional care may also be required to eliminate water condensation when testing natural gas and liquefied petroleum gas-fueled vehicles. (Procedures for determining CVS flow rates are detailed in “Calculation of Emissions and Fuel Economy When Using Alternative Fuels,” EPA 460/3-83-009.) Dehumidifying the dilution air before entering the CVS is allowed. Heating the dilution air is also allowed, provided:
(i) The air (or air plus exhaust gas) temperature does not exceed 250 °F.
(ii) Calculation of the CVS flow rate necessary to prevent water condensation is based on the lowest temperature encountered in the CVS prior to sampling. (It is recommended that the CVS system be insulated when heated dilution air is used.)
(iii) The dilution ratio is sufficiently high to prevent condensation in bag samples as they cool to room temperature.
(5) Sample collection bags for dilution air and exhaust samples (hydrocarbons and carbon monoxide) shall be of sufficient size so as not to impede sample flow. A single dilution air sample, covering the total test period, may be collected for the determination of methanol and formaldehyde background (methanol-fueled motorcycles).
(6) The methanol sample collection system and the formaldehyde sample collection system shall each be of sufficient capacity so as to collect samples of adequate size for analysis without
(i) The methanol system shall be designed such that if a test motorcycle continuously emitted the maximum allowable level of methanol (based on all applicable standards) the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the GC analyzer.
(ii) The formaldehyde system shall be designed such that if a test motorcycle continuously emitted formaldehyde at a rate equal to twenty percent of the maximum allowable level of THCE (
(iii) The methanol and formaldehyde systems shall be designed such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. This requirement does not apply to dilution air samples, since they do not require secondary impingers, or to samples in which the concentrations approach the limit of detection.
(d)
(1) The ratio of the CVS flow rate to the sample flow rate shall not deviate from the ratio at the start of the test by more than ±5 percent. (The volumetric sample flow rate shall be varied inversely with the square root of the bulk stream temperature.)
(2) Flow totalizers for methanol and/or formaldehyde samples shall have an accuracy of ±2 percent. Total sample volumes may be obtained from the flow controllers, with the advance approval of the administrator, provided that the controllers can be shown to have an accuracy of ±2 percent.
(a)
(b)
(1) The CL requires that the nitrogen dioxide present in the sample be converted to nitric oxide before analysis. Other types of analyzers may be used if shown to yield equivalent results and if approved in advance by the Administrator.
(2) The carbon monoxide (CO) NDIR analyzer may require a sample conditioning column containing CaSO
(i) If CO instruments which are essentially free of CO
(ii) A CO instrument will be considered to be essentially free of CO
(c)
(a)
(2) Unleaded gasoline and engine lubricants representative of commercial fuels and engine lubricants which will be generally available through retail outlets shall be used in service accumulation.
(3) The octane rating of the gasoline used shall be no higher than 4.0 Research octane numbers above the minimum recommended by the manufacturer.
(4) The Reid Vapor Pressure of the gasoline used shall be characteristic of commercial gasoline fuel during the season in which the service accumulation takes place.
(b)
(2) Manufacturers shall recommend the methanol fuel to be used for testing and service accumulation in accordance with paragraph (b)(1) of this section.
(3) The Administrator shall determine the methanol fuel to be used for testing and service accumulation.
(4) Other methanol fuels may be used for testing and service accumulation provided:
(i) They are commercially available; and
(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and
(iii) Use of a fuel listed under paragraphs (b)(1), (b)(2) or (b)(3) of this section would have a detrimental effect on emissions or durability; and
(iv) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.
(c)
(2) The fuel mixtures used by the manufacturers shall be sufficient to demonstrate compliance over the full design range, and shall include:
(i) For emission testing,
(A) The petroleum fuel specified in paragraph (a) or (b),
(B) A methanol fuel representative of the methanol fuel expected to the found in use, as specified in paragraph (b),
(ii) For service accumulation, an alternating combination of the fuels specified in paragraphs (a) and (b) will be used to demonstrate the durability of the emission control systems based on good engineering judgement. The combination shall be selected such that the cumulative volumes of both the methanol fuel and the petroleum fuel used shall be at least twenty-five percent of the total fuel volume. The fuels shall be alternated at mileage intervals not to exceed 1,000 kilometers.
(3) The specification range of the fuels to be used under paragraph (c) of this section shall be reported in accordance with § 86.094-21.
(d)
(2) Natural gas-fuel and engine lubricants representative of commercial fuels and engine lubricants which will be generally available through retail outlets shall be used in service accumulation.
(3) Other natural gas-fuels may be used for testing and service accumulation provided:
(i) They are commercially available;
(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service;
(iii) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.
(e)
(2) Manufacturers shall recommend the liquefied petroleum gas-fuel to be used for testing and service accumulation in accordance with paragraph (e)(1) of this section.
(3) The Administrator shall determine the liquefied petroleum gas-fuel to be used for testing and service accumulation.
(4) Other liquefied petroleum gas-fuels may be used for testing and service accumulation provided:
(i) They are commercially available;
(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and
(iii) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.
(f)
(2) The same lubricant(s) shall be used for both service accumulation and emission testing.
(g) The specification range of the fuels and of the engine lubricants to be used under paragraphs (a), (b), (c), (d) and (e) of this section shall be reported in accordance with § 86.416.
(h) Written approval from the Administrator of the fuel and lubricant specifications must be provided prior to the start of testing.
Section 86.513-2004 includes text that specifies requirements that differ from § 86.513-94. Where a paragraph in § 86.513-94 is identical and applicable to § 86.513-2004, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.513-94.” Where a corresponding paragraph of § 86.513-94 is not applicable, this is indicated by the statement “[Reserved].”
(a)
(2) Unleaded gasoline and engine lubricants representative of commercial fuels and engine lubricants which will be generally available through retail outlets shall be used in service accumulation.
(3) The octane rating of the gasoline used shall be no higher than 4.0 Research octane numbers above the minimum recommended by the manufacturer.
(4) The Reid Vapor Pressure of the gasoline used shall be characteristic of commercial gasoline fuel during the season in which the service accumulation takes place.
(b) through (d) [Reserved]. For guidance
(a)
(2) Gases for the THC analyzer shall be:
(i) Single blends of propane using air as the diluent; and
(ii) Optionally, for response factor determination, single blends of methanol using air as the diluent.
(3) Gases for the NO
(4) [Reserved]
(5) The allowable zero gas (air or nitrogen) impurity concentrations shall not exceed 1 ppm equivalent carbon response, 1 ppm carbon monoxide, 0.04 percent (400 ppm) carbon dioxide, and 0.1 ppm nitric oxide.
(6) “Zero grade air” includes artificial “air” consisting of a blend of nitrogen and oxygen with oxygen concentrations between 18 and 21 mole percent.
(7) The use of proportioning and precision blending devices to obtain the required analyzer gas concentrations is allowable provided their use has been approved in advance by the Administrator.
(b) Calibration gases (not including methanol) shall be known to within 2 percent of true values.
(c) Methanol in air gases used for response factor determination shall:
(1) Be traceable to within ±2 percent of NIST (formerly NBS) gas standards, or other gas standards which have been approved by the Administrator; and
(2) Remain within ±2 percent of the labeled concentration. Demonstration of stability shall be based on a quarterly measurement procedure with a precision of ±2 percent (two standard deviations), or other method approved by the Administrator. The measurement procedure may incorporate multiple measurements. If the true concentration of the gas changes by more than two percent, but less than ten percent, the gas may be relabeled with the new concentration.
(a) The dynamometer driving schedules are listed in appendix I. The driving schedules are defined by a smooth trace drawn through the specified speed vs. time relationships. They consist of a nonrepetitive series of idle, acceleration, cruise, and deceleration modes of various time sequences and rates. Appropriate driving schedules are as follows:
(b) The speed tolerance at any given time on the dynamometer driving schedule prescribed in appendix I or as printed on a driver's aid chart approved by the Administrator, when conducted to meet the requirements of § 86.537 is defined by upper and lower limits. The upper limit is 3.2 km/h (2 mph) higher than the highest point on the trace within 1 second of the given time. The lower limit is 3.2 km/h (2 mph) lower than the lowest point on the trace within 1 second of the given time. Speed variations greater than the tolerances (such as may occur during gear changes) are acceptable provided they occur for less than 2 seconds on any occasion. Speeds lower than those prescribed are acceptable provided the vehicle is operated at maximum available power during such occurrences. When conducted to meet the requirements of § 86.532 the speed tolerance shall be as specified above, except that the upper and lower limits shall be 6.4 km/h (4 mph).
(c) Figure F78-4 shows the range of acceptable speed tolerances for typical points. Figure F78-4(a) is typical of portions of the speed curve which are increasing or decreasing throughout the two second time interval. Figure F78-4(b) is typical of portions of the speed curve which include a maximum or minimum value.
(d) For motorcycles with an engine displacement less than 50 cc and a top speed less than 58.7 km/hr (36.5 mph), the speed indicated for each second of operation on the applicable Class I driving trace (speed versus time sequence) in appendix I(c) shall be adjusted downward by the ratio of actual top speed to specified maximum test speed. Calculate the ratio with three significant figures by dividing the top speed of the motorcycle in km/hr by 58.7. For example, for a motorcycle with a top speed of 48.3 km/hr (30 mph), the ratio would be 48.3/58.7 = 0.823. The top speed to be used under this section shall be indicated in the manufacturer's application for certification, and shall be the highest sustainable speed of the motorcycle with an 80 kg rider on a flat paved surface. If the motorcycle is equipped with a permanent speed governor that is unlikely to be removed in actual use, measure the top speed in the governed configuration; otherwise measure the top speed in the ungoverned configuration.
(a) Calibrations shall be performed as specified in §§ 86.517 through 86.526.
(b) [Reserved]
(c) At least monthly or after any maintenance which could alter calibration, the following calibrations and checks shall be performed:
(1) Calibrate the hydrocarbon analyzer, methane analyzer, carbon dioxide analyzer, carbon monoxide analyzer, and oxides of nitrogen analyzer (certain analyzers may require more frequent calibration depending on particular equipment and uses).
(2) Calibrate the dynamometer. If the dynamometer receives a weekly performance check (and remains within calibration), the monthly calibration need not be performed.
(3) Check the oxides of nitrogen converter efficiency.
(d) At least weekly or after any maintenance which could alter calibration, the following calibrations and checks shall be performed:
(1) [Reserved]
(2) Perform a CVS system verification, and
(3) Run a performance check on the dynamometer. This check may be omitted if the dynamometer has been calibrated within the preceding month.
(e) The CVS positive displacement pump or Critical Flow Venturi shall be calibrated following initial installation, major maintenance or as necessary when indicated by the CVS system verification (described in § 86.519).
(f) Sample conditioning columns, if used in the CO analyzer train, should be checked at a frequency consistent with observed column life or when the indicator of the column packing begins to show deterioration.
(a) The dynamometer shall be calibrated at least once each month or performance verified at least once each
(b) Calibration shall consist of coasting down the dynamometer for each inertia load combination used. Coastdown times for the interval from 70 to 60 km/h shall be within the tolerances specified in § 86.529. The dynamometer adjustments necessary to produce these results shall be noted for future reference.
(c) The performance check consists of conducting a dynamometer coastdown at one or more inertia-horsepower settings and comparing the coastdown time to the table in Figure F98-9 of § 86.529-98. If the coastdown time is outside the tolerance, a new calibration is required.
(a) The CVS (Constant Volume Sampler) is calibrated using an accurate flowmeter and restrictor valve. Measurements of various parameters are made and related to flow through the unit. Procedures used by EPA for both PDP (Positive Displacement Pump) and CFV (Critical Flow Venturi) are outlined below. Other procedures yielding equivalent results may be used if approved in advance by the Administrator. After the calibration curve has been obtained, verification of the entire system can be performed by injecting a known mass of gas into the system and comparing the mass indicated by the system to the true mass injected. An indicated error does not necessarily mean that the calibration is wrong, since other factors can influence the accuracy of the system, e.g., analyzer calibration. A verification procedure is found in paragraph (d) of this section.
(b)
(2) This calibration procedure is based on the measurement of the absolute values of the pump and flowmeter parameters that relate the flow rate at each point. Three conditions must be maintained to assure the accuracy and integrity of the calibration curve. First, the pump pressures should be measured at taps on the pump rather than at the external piping on the pump inlet and outlet. Pressure taps that are mounted at the top center and bottom center of the pump drive headplate are exposed to the actual pump cavity pressures, and therefore reflect the absolute pressure differentials. Secondly, temperature stability must be maintained during the calibration. The laminar flowmeter is sensitive to inlet temperature oscillations which cause the data points to be scattered. Gradual changes (±1 °C (±1.8 °F)) in temperature are acceptable as long as they occur over a period of several minutes. Finally, all connections between the flowmeter and the CVS pump must be absolutely void of any leakage.
(3) During an exhaust emission test the measurement of these same pump parameters enables the user to calculate the flow rate from the calibration equation.
(4) Connect a system as shown in Figure F78-5. Although particular types of equipment are shown, other configurations that yield equivalent results may be used if approved in advance by the
(5) After the system has been connected as shown in Figure F78-6, set the variable restrictor in the wide open position and run the CVS pump for twenty minutes. Record the calibration data.
(6) Reset the restrictor valve to a more restricted condition in an increment of pump inlet depression (about 1.0 kPa (4 in. H
(7) Data analysis:
(i) The air flow rate, Q
(ii) The air flow rate is then converted to pump flow, V
(A) V
(B) Q
(C) n = Pump speed in revolutions per minute.
(D)(
(
(E)(
(F) P
(G) PPI = Pump inlet depression, kPa (in. fluid).
(H) SP.GR. = Specific gravity of manometer fluid relative to water.
(iii) The correlation function at each test point is then calculated from the calibration data:
(A) X
(B) Δ P
(C)(
(
(D) PPO = Pressure head at pump outlet, kPa (in. fluid).
(iv) A linear least squares fit is performed to generate the calibration equations which have the forms:
V
n = A − B(Δ P
D
(8) A CVS system that has multiple speeds shall be calibrated on each
(9) If the calibration has been performed carefully, the calculated values from the equation will be within ±0.50 percent of the measured value of V
(c)
(i) Q
(ii) K
(iii) P = Absolute pressure.
(iv) T = Absolute temperature.
The calibration procedure described below establishes the value of the calibration coefficient at the measured values of pressure, temperature and air flow.
(2) The manufacturer's recommended procedure shall be followed for calibrating electronic portions of the CFV.
(3) Measurements necessary for flow calibration are as follows:
(4) Set up equipment as shown in Figure F78-6 and check for leaks. Any leaks between the flow measuring device and the critical flow venturi will seriously affect the accuracy of the calibration.
(5) Set the variable flow restrictor to the open position, start the blower and allow the system to stabilize. Record data from all instruments.
(6) Vary the flow restrictor and make at least 8 readings across the critical flow range of the venturi.
(7)
(i) The air flow rate, Q
(ii) Calculate values of the calibration coefficient for each test point:
(A) Q
(B) T
(C)(
(
(D) PPI = Venturi inlet pressure depression, kPa (in. fluid).
(E) SP.GR.=Specific gravity of manometer fluid, relative to water.
(iii) Plot K
(iv) For a minimum of 8 points in the critical region, calculate an average K
(v) If the standard deviation exceeds 0.3 percent of the average K
(d)
(1) Obtain a small cylinder that has been charged with pure propane or carbon monoxide gas (CAUTION—carbon monoxide is poisonous).
(2) Determine a reference cylinder weight to the nearest 0.01 grams.
(3) Operate the CVS in the normal manner and release a quantity of pure propane or carbon monoxide into the system during the sampling period (approximately 5 minutes).
(4) Following completion of step (3) above (if methanol injection is required), continue to operate the CVS in the normal manner and release a known quantity of pure methanol (in gaseous form) into the system during the sampling period (approximately 5 minutes). This step does not need to be performed with each verification, provided that it is performed at least twice annually.
(5) The calculations of § 86.544 are performed in the normal way except in the case of propane. The density of propane (0.6109 kg/m
(6) The gravimetric mass is subtracted from the CVS measured mass and then divided by the gravimetric mass to determine the percent accuracy of the system.
(7) The cause for any discrepancy greater than ±2 percent must be found and corrected. The Administrator, upon request, may waive the requirement to comply with ±2 percent methanol recovery tolerance, and instead require compliance with a higher tolerance (not to exceed ±6 percent), provided that:
(i) The Administrator determines that compliance with the specified tolerance is not practically feasible; and
(ii) The manufacturer makes information available to the Administrator which indicates that the calibration tests and their results are consistent with good laboratory practice, and that the results are consistent with the results of calibration testing conducted by the Administrator.
(a) The FID hydrocarbon analyzer shall receive the following initial and periodic calibration. The HFID used with methanol-fueled vehicles shall be operated at 235 °F±15 °F (113 °C±8 °C).
(b)
(1) Follow the manufacturer's instructions or good engineering practice
(2) Optimize on the most common operating range. Introduce into the analyzer a propane (methane as appropriate) in air mixture (methanol in air mixture for methanol-fueled vehicles when optional methanol calibrated FID procedure is used during the 1990 through 1994 model year) with a propane (or methane or methanol as appropriate) concentration equal to approximately 90 percent of the most common operating range.
(3) Select an operating FID fuel flow rate that will give near maximum response and least variation in response with minor fuel flow variations.
(4) To determine the optimum air flow, use the FID fuel flow setting determined above and vary air flow.
(5) After the optimum flow rates have been determined, record them for future reference.
(c)
(1) Adjust analyzer to optimize performance.
(2) Zero the hydrocarbon analyzer with zero grade air.
(3) Calibrate on each normally used operating range with propane in air (or methanol or methane in air as appropriate) calibration gases having nominal concentrations of 15, 30, 45, 60, 75 and 90 percent of that range. For each range calibrated, if the deviation from a least squares best-fit straight line is two percent or less of the value at each data point, concentration values may be calculated by use of a single calibration factor for that range. If the deviation exceeds two percent at any point, the best-fit non-linear equation which represents the data to within two percent of each test point shall be used to determine concentration.
(d)
(1) The bag sample, if used, of methanol for analysis in the FID shall be prepared using the apparatus shown in Figure F90-4. A known volume of methanol is injected, using a microliter syringe, into the heated mixing zone (250 °F (121 °C)) of the apparatus. The methanol is vaporized and swept into the sample bag with a known volume of zero grade air measured by a gas flow meter meeting the performance requirements of § 86.120.
(2) The bag sample is analyzed using the FID.
(3) The FID response factor, r, is calculated as follows:
r = FID
(i) r = FID response factor.
(ii) FID
(iii) SAMppm=methanol concentration in the sample bag, or gas bottle, in ppmC. SAMppm for sample bags:
(iv) 0.02406 = Volume of one mole at 101.3 kPa (29.92 in. Hg) and 20 °C (68 °F), m
(v) Fuel injected = Volume of methanol injected, ml.
(vi) Fuel Density = Density of methanol, 0.7914 g/ml
(vii) Air volume = Volume of zero grade air, m
(viii) Mol. Wt. CH
(e)
(a)
(1) Follow the manufacturer's instructions for instrument startup and operation. Adjust the analyzer to optimize performance on the most sensitive range.
(2) Zero the carbon monoxide analyzer with either zero grade air or zero grade nitrogen.
(3) Bubble a mixture of 3 percent CO
(4) An analyzer response of more than 1 percent of full scale for ranges above 300 ppm full scale or of more than 3 ppm on ranges below 300 ppm full scale will require corrective action. (Use of conditioning columns is one form of corrective action which may be taken.)
(b)
(1) Adjust the analyzer to optimize performance.
(2) Zero the carbon monoxide analyzer with either zero grade air or zero grade nitrogen.
(3) Calibrate on each normally used operating range with carbon monoxide in N
(a) Prior to introduction into service and at least monthly thereafter, if oxides of nitrogen are measured, the chemiluminescent oxides of nitrogen analyzer must be checked for NO
(1) Follow the manufacturer's instructions for instrument startup and operation. Adjust the analyzer to optimize performance.
(2) Zero the oxides of nitrogen analyzer with zero grade air or zero grade nitrogen.
(3) Connect the outlet of the NO
(4) Introduce into the NO
(5) With the oxides of nitrogen analyzer in the NO mode, record the concentration of NO indicated by the analyzer.
(6) Turn on the NO
(7) Switch the NO
(8) Switch the oxides of nitrogen analyzer to the NO
(9) Switch off the NO
(10) Turn off the NO
(11) Calculate the efficiency of the NO
(b)
(1) Adjust analyzer to optimize performance.
(2) Zero the oxides of nitrogen analyzer with zero grade air or zero grade nitrogen.
(3) Calibrate on each normally used operating range with NO in N
(c) When testing methanol-fueled motorcycles, it may be necessary to clean the analyzer frequently to prevent interference with NO
(a) Prior to its introduction into service and monthly thereafter the NDIR carbon dioxide analyzer shall be calibrated:
(1) Follow the manufacturer's instructions for instrument startup and operation. Adjust the analyzer to optimize performance.
(2) Zero the carbon dioxide analyzer with either zero grade air or zero grade nitrogen.
(3) Calibrate on each normally used operating range with carbon dioxide in N
(b) [Reserved]
Other test equipment used for testing shall be calibrated as often as required by the manufacturer or as necessary according to good practice. Specific equipment requiring calibration is the gas chromatograph and flame ionization detector used in measuring methanol and the high pressure liquid chromatograph (HPLC) and ultraviolet detector for measuring formaldehyde.
(a) The procedures described in this and subsequent sections are used to determine the conformity of motorcycles with the standards set forth in subpart E of this part.
(b) The overall test consists of prescribed sequences of fueling, parking, and operating conditions.
(c) The exhaust emission test is designed to determine hydrocarbon (gasoline-fueled, natural gas-fueled and liquefied petroleum gas-fueled motorcycles), methanol, formaldehyde, and hydrocarbon (methanol-fueled motorcycles), carbon monoxide and oxides of nitrogen mass emissions while simulating an average trip in an urban area. The test consists of engine startups and motorcycle operation on a chassis dynamometer, through a specified driving schedule. A proportional part of the diluted exhaust emissions is collected continuously for subsequent analysis, using a constant volume (variable dilution) sampler.
(d) Except in cases of component malfunction or failure, all emission control systems installed on or incorporated in a new motorcycle shall be functioning during all procedures in this subpart. Maintenance to correct component malfunction or failure shall be authorized in accordance with subpart E of this part.
(e) Background concentrations are measured for all species for which emissions measurements are made. For exhaust testing, this requires sampling and analysis of the dilution air. (When testing methanol-fueled motorcycles, manufacturers may choose not to measure background concentrations of methanol and/or formaldehyde, and then assume that the concentrations are zero during calculations.)
(a) Vehicles equipped with transfer cases, multiple sprockets, etc., shall be tested in the manufacturer's recommended configuration for street or highway use. If more than one configuration is recommended or if the recommendation is deemed unreasonable by the Administrator, the Administrator will specify the test configuration.
(b) All tests shall be conducted with automatic transmissions in “Drive” (highest gear). Automatic clutch-torque converter transmissions may be shifted as manual transmissions at the option of the manufacturer.
(c) Idle modes shall be run with automatic transmissions in “Drive” and the wheels braked, manual transmission shall be in gear with the clutch disengaged; except first idle, see §§ 86.536 and 86.537.
(d) The vehicle shall be driven with minimum throttle movement to maintain the desired speed. No simultaneous use of brake and throttle shall be permitted.
(e) Acceleration modes shall be driven smoothly. Automatic transmissions shall shift automatically through the normal sequence of gears; manual transmissions shall be shifted as recommended by the manufacturer to the ultimate purchaser (unless determined to be unreasonable by the Administrator) with the operator closing the throttle during each shift and accomplishing the shift with minimum time. If the vehicle cannot accelerate at the specified rate, the vehicle shall be operated with the throttle fully opened until the vehicle speed reaches the value prescribed for that time in the driving schedule.
(f) The deceleration modes shall be run in gear using brakes or throttle as necessary to maintain the desired speed. Manual transmission vehicles shall be downshifted using the same shift points as when upshifting or as recommended by the manufacturer in the vehicle owner's manual. All downshifts shall be made smoothly, disengaging the clutch while shifting and engaging the clutch once the lower gear has been selected. For those modes which require the vehicle to decelerate to zero, manual transmission clutches shall be disengaged when the speed drops below 15 km/h (9.3 mph) for vehicles with engine displacements equal to or greater than 280 cc (17.1 cu. in.), when the speed drops below 10 km/h (6.2 mph) for vehicles with engine displacements less than 280 cc (17.1 cu. in.), when engine roughness is evident, or when engine stalling is imminent.
(g) If downshifting during deceleration is not permitted in the vehicle owner's manual, manual transmissions will be downshifted at the beginning of or during a power mode if recommended by the manufacturer or if
(h) If shift speeds are not recommended by the manufacturer, manual transmission vehicles shall be shifted as follows:
(1) For Class I and II motorcycles:
(2) For Class III motorcycles:
(3) Higher gears may be used at the manufacturer's option.
(a)(1) Road load as a function of speed is given by the following equation:
(2) The values for coefficients A and C and the test inertia are given in Figure F98-9 of this section. Velocity V is in km/h and force (F) is in newtons. The forces given by the equation in paragraph (a)(1) of this section shall be simulated to the best ability of the equipment being used.
(b) The inertia given in Figure F98-9 shall be used. Motorcycles with loaded vehicle mass outside these limits shall be tested at an equivalent inertial mass and road load force specified by the Administrator. Figure F98-9 follows:
(c) The dynamometer shall be adjusted to reproduce the specified road load as determined by the most recent calibration. Alternatively, the actual vehicle road load can be measured and duplicated:
(1) Make at least 5 replicate coastdowns in each direction from 70 to 60 km/h on a smooth, level track under balanced wind conditions. The driver must have a mass of 80 ±10 kg and be in the normal driving position. Record the coastdown time.
(2) Average the coastdown times. Adjust the dynamometer load so that the coastdown time is duplicated with the vehicle and driver on the dynamometer.
(3) Alternate procedures may be used if approved in advance by the Administrator.
(a) Ambient temperature levels encountered by the test vehicle throughout the test sequence shall not be less than 20 °C (68 °F) nor more than 30 °C (86 °F). The vehicle shall be approximately level during the emission test to prevent abnormal fuel distribution.
(b) [Reserved]
(a) The manufacturer shall provide additional fittings and adapters, as required by the Administrator * * *, such as * * * to accommodate a fuel drain at the lowest point possible in the tank(s) as installed on the vehicle and to provide for exhaust sample collection.
(b) [Reserved]
(a) The vehicle shall be moved to the test area and the following operations performed:
(1) The fuel tank(s) shall be drained through the provided fuel tank(s) drain(s) and charged with the specified test fuel, § 86.513, to half the tank(s) capacity.
(2) The vehicle shall be placed, either by being driven or pushed, on a dynamometer and operated through one Urban Dynamometer Driving Schedule test procedure (see § 86.515 and appendix I). The vehicle need not be cold, and may be used to set dynamometer horsepower.
(b) Within five (5) minutes of completion of preconditioning, the vehicle shall be removed from the dynamometer and may be driven or pushed to the soak area to be parked. The vehicle shall be stored for not less than the following times prior to the cold start exhaust test.
(a) The dynamometer run consists of two tests, a “cold” start test and a “hot” start test following the “cold” start by 10 minutes. Engine startup (with all accessories turned off), operation over the driving schedule, and engine shutdown make a complete cold start test. Engine startup and operation over the first 505 seconds of the driving schedule complete the hot start test. The exhaust emissions are diluted with ambient air and a continuously proportional sample is collected for analysis during each phase. The composite samples collected in bags are analyzed for hydrocarbons, carbon monoxide, carbon dioxide, and, optionally, for oxides of nitrogen. A parallel sample of the dilution air is similarly analyzed for hydrocarbon, carbon monoxide, carbon dioxide, and, optionally, for oxides of nitrogen. Methanol and formaldehyde samples (exhaust and dilution air) are collected and analyzed for methanol-fueled vehicles (a single dilution air formaldehyde sample covering the total time of the test may be collected in place of individual test phases).
(b) [Reserved]
(c) The vehicle speed, as measured from the dynamometer roll, shall be used. A speed
(d) Practice runs over the prescribed driving schedule may be performed at test points, provided an emission sample is not taken, for the purpose of finding the minimum throttle action to maintain the proper speed-time relationship, or to permit sampling system adjustments.
(e) The drive wheel tires must be inflated to the manufacturer's recommended pressure, ±15 kPa (±2.2 psi). The drive wheel tire pressure shall be reported with the test results.
(f) If the dynamometer has not been operated during the two-hour period immediately preceding the test, it shall be warmed up for 15 minutes by operating at 50 km/h (31 mph) using a
(g) If the dynamometer horsepower must be adjusted manually, it shall be set within one hour prior to the exhaust emissions test phase. The test vehicle shall not be used to make this adjustment. Dynamometers using automatic control of preselectable power settings may be set anytime prior to the beginning of the emissions test.
(h) The driving distance, as measured by counting the number of dynamometer roll revolutions, shall be determined for the transient cold start, stabilized cold start, and transient hot start phases of the test.
(a)(1) The engine shall be started according to the manufacturer's recommended starting procedures. The initial 20 second idle period shall begin when the engine starts.
(2)
(ii) Vehicles equipped with manual chokes shall be operated according to the manufacturer's operating instructions or owner's manual. Where times are provided in the instructions, the Administrator may specify the specific point for operation, within 15 seconds of the recommended time.
(3) The operator may use the choke, throttle etc. where necessary to keep the engine running.
(4) If the manufacturer's operating instructions or owner's manual do not specify a warm engine starting procedure, the engine (automatic and manual choke engines) shall be started by opening the throttle about half way and cranking the engine until it starts.
(b) [Reserved]
(c) If, during the cold start, the vehicle does not start after 10 seconds of cranking, or ten cycles of the manual starting mechanism, cranking shall cease and the reason for failure to start determined. The revolution counter on the constant volume sampler shall be turned off and the sample solenoid valves placed in the “standby” position during this diagnostic period. In addition, either the CVS blower shall be turned off or the exhaust tube disconnected from the tailpipe during the diagnostic period.
(1) If failure to start is an operational error, the vehicle shall be rescheduled for testing from a cold start. If failure to start is caused by vehicle malfunction, corrective action (following the unscheduled maintenance provisions) of less than 30 minutes duration may be taken and the test continued. The sampling system shall be reactivated at the same time cranking is started. When the engine starts, the driving schedule timing sequence shall begin. If failure to start is caused by vehicle malfunction and the vehicle cannot be started, the test shall be voided, the vehicle removed from the dynamometer, corrective action taken (following the unscheduled maintenance provisions), and the vehicle rescheduled for test. The reason for the malfunction (if determined) and the corrective action taken shall be reported.
(2) If the vehicle does not start during the hot start after ten seconds of cranking, or ten cycles of the manual starting mechanism, cranking shall cease, the test shall be voided, the vehicle removed from the dynamometer, corrective action taken in accordance with § 86.428 or § 86.429, and the vehicle rescheduled for test. The reason for the malfunction (if determined) and the corrective action taken shall be reported.
(d) If the engine “false starts”, the operator shall repeat the recommended starting procedure (such as resetting the choke, etc.)
(e)
(2) If the engine stalls during some operating mode other than idle, the driving schedule indicator shall be stopped, the vehicle shall then be restarted and accelerated to the speed required at that point in the driving schedule and the test continued. During acceleration to this point, shifting shall be performed in accordance with § 86.528.
(3) If the vehicle will not restart within one minute, the test shall be voided, the vehicle removed from the dynamometer, corrective action taken, and the vehicle rescheduled for test. The reason for the malfunction (if determined) and the corrective action taken shall be reported.
(a) The vehicle shall be allowed to stand with the engine turned off (see § 86.532 for required time). The vehicle shall be stored prior to the emission test in such a manner that precipitation (
(b) The following steps shall be taken for each test:
(1) Place drive wheel of vehicle on dynamometer without starting engine.
(2) Activate vehicle cooling fan.
(3) For all vehicles, with the sample selector valves in the “standby” position connect evacuated sample collection bags to the dilute exhaust and dilution air sample collection systems.
(4) For methanol-fueled vehicles, with the sample selector valves in the “standby” position, insert fresh sample collection impingers into the methanol sample collection system, fresh impingers or a fresh cartridge into the formaldehyde sample collection system and fresh impingers (or a single cartridge for formaldehyde) into the dilution air sample collection systems for methanol and formaldehyde (background measurements of methanol and formaldehyde may be omitted and concentrations assumed to be zero for calculations in § 86.544).
(5) Start the CVS (if not already on), the sample pumps and the temperature recorder. (The heat exchanger of the constant volume sampler, if used, methanol-fueled vehicle hydrocarbon analyzer and sample lines should be preheated to their respective operating temperatures before the test begins.)
(6) Adjust the sample flow rates to the desired flow rate and set the gas flow measuring devices to zero.
(i) For gaseous bag samples (except hydrocarbon samples), the minimum flow rate is 0.17 cfm (0.08 l/s).
(ii) For hydrocarbon samples, the minimum FID (or HFID in the case of methanol-fueled vehicles) flow rate is 0.066 cfm (0.031 l/s).
(iii) For methanol samples, the flow rates shall be set such that the system meets the design criteria of § 86.509. For samples in which the concentration in the primary impinger exceeds 0.5 mg/l, it is recommended that the mass of methanol collected in the secondary impinger not exceed ten percent of the total mass collected. For samples in which the concentration in the primary impinger does not exceed 0.5 mg/l, secondary impingers do not need to be analyzed.
(iv) For formaldehyde samples, the flow rates shall be set such that the system meets the design criteria of § 86.509. For impinger samples in which the concentration of formaldehyde in the primary impinger exceeds 0.1 mg/l, it is recommended that the mass of formaldehyde collected in the secondary impinger not exceed ten percent of the total mass collected. For samples in which the concentration in the primary impinger does not exceed 0.1 mg/l, secondary impingers do not need to be analyzed.
(7) Attach the flexible exhaust tube to the vehicle tailpipe(s).
(8) Start the gas flow measuring device, position the sample selector valves to direct the sample flow into the “transient” exhaust sample bag, the “transient” methanol exhaust sample, the “transient” formaldehyde exhaust sample, the “transient” dilution air sample bag, the “transient” methanol dilution air sample and the “transient” formaldehyde dilution air sample, turn the key on, and start cranking the engine.
(9) Fifteen seconds after the engine starts, place the transmission in gear.
(10) Twenty seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule.
(11) Operate the vehicle according to the Urban Dynamometer Driving Schedule (§ 86.515).
(12) At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously switch the sample flows from the “transient” bags and samples to “stabilized” bags and samples, switch off gas flow measuring device No. 1 and, start gas flow measuring device No. 2. Before the acceleration which is scheduled to occur at 510 seconds, record the measured roll or shaft revolutions and reset the counter or switch to a second counter. As soon as possible, transfer the “stabilized” exhaust and dilution air samples to the analytical system and process the samples according to § 86.540, obtaining a stabilized reading of the exhaust bag sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample period. (If it is not possible to perform analysis on the methanol and formaldehyde samples within 24 hours, the samples should be stored in a dark cold (4-10 °C) environment until analysis. The samples should be analyzed within fourteen days.)
(13) Turn the engine off 2 seconds after the end of the last deceleration (at 1,369 seconds).
(14) Five seconds after the engine stops running, simultaneously turn off gas flow measuring device No. 2 and position the sample selector valves to the “standby” position (and open the valves isolating particulate filter No. 1, if applicable). Record the measured roll or shaft revolutions (both gas meter or flow measurement instrumentation readings) and re-set the counter. As soon as possible, transfer the “stabilized” exhaust and dilution air samples to the analytical system and process the samples according to § 86.540, obtaining a stabilized reading of the exhaust bag sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample period. (If it is not possible to perform analysis on the methanol and formaldehyde samples within 24 hours, the samples should be stored in a dark cold (4-10 °C) environment until analysis. The samples should be analyzed within fourteen days.)
(15) Immediately after the end of the sample period, turn off the cooling fan.
(16) Turn off the CVS or disconnect the exhaust tube from the tailpipe(s) of the vehicle.
(17) Repeat the steps in paragraph (b) (2) through (11) of this section for the hot start test, except only two evacuated sample bags, two methanol sample impingers, and two formaldehyde sample impingers are required. The step in paragraph (b)(8) of this section shall begin between 9 and 11 minutes after the end of the sample period for the cold start test.
(18) At the end of the deceleration which is scheduled to occur at 505 seconds, simultaneously turn off gas flow measuring device No. 1 and position the sample selector valve to the “standby” position. (Engine shutdown is not part of the hot start test sample
(19) As soon as possible, transfer the hot start “transient” exhaust and dilution air bag samples to the analytical system and process the samples according to § 86.540 obtaining a stabilized reading of the bag exhaust sample on all analyzers within 20 minutes of the end of the sample collection phase of the test. Obtain methanol and formaldehyde sample analyses, if applicable, within 24 hours of the end of the sample period (if it is not possible to perform analysis on the methanol and formaldehyde samples within 24 hours, the samples should be stored in a dark, cold (∼ 0 °C) environment until analysis).
(20) Disconnect the exhaust tube from the vehicle tailpipe(s) and remove the vehicle from dynamometer.
(21) The CVS or CFV may be turned off, if desired.
(22) Continuous monitoring of exhaust emissions will not normally be allowed. Specific written approval must be obtained from the Administrator for continuous monitoring of exhaust emissions.
The following sequence of operations shall be performed in conjunction with each series of measurements:
(a) For CO, CO
(1) Zero the analyzers and obtain a stable zero reading. Recheck after tests.
(2) Introduce span gases and set instrument gains. In order to avoid errors, span and calibrate at the same flow rates used to analyze the test sample. Span gases should have concentrations equal to 75 to 100 percent of full scale. If gain has shifted significantly on the analyzers, check the calibrations. Show actual concentrations on chart.
(3) Check zeros; repeat the procedure in paragraphs (a) (1) and (2) of this section if required.
(4) Check flow rates and pressures.
(5) Measure HC, CO, CO
(6) Check zero and span points. If difference is greater than 2 percent of full scale, repeat the procedure in paragraphs (a) (1) through (5) of this section.
(b) For CH
(c) For HCHO (methanol-fueled vehicles), introduce test samples into the high pressure liquid chromatograph and measure the concentration of formaldehyde as a dinitropheylhydrazine derivative in acetonitrile. This concentration is C
The following information shall be recorded with respect to each test:
(a) Test number.
(b) System or device tested (brief description).
(c) Date and time of day for each part of the test schedule.
(d) Instrument operator.
(e) Driver or operator.
(f)
(g)
(h) All pertinent instrument information such as tuning-gain-serial number-detector number-range. As an alternative, a reference to a vehicle test cell number may be used, with the advance
(i) Recorder Charts: Identify zero, span, exhaust gas, and dilution air sample traces.
(j) Test cell barometric pressure, ambient temperature and humidity.
A central laboratory barometer may be used;
(k) [Reserved]
(l) Pressure of the mixture of exhaust and dilution air entering the CVS metering device, the pressure increase across the device, and the temperature at the inlet. The temperature may be recorded continuously or digitally to determine temperature variations.
(m) The number of revolutions of the positive displacement pump accumulated during each test phase while exhaust samples are being collected. The number of standard cubic meters metered by a critical flow venturi during each test phase would be the equivalent record for a CFV-CVS.
(n) The humidity of the dilution air.
If conditioning columns are not used (see §§ 86.522 and 86.544) this measurement can be deleted. If the conditioning columns are used and the dilution air is taken from the test cell, the ambient humidity can be used for this measurement.
(o) The driving distance for each of the three phases of test, calculated from the measured roll or shaft revolutions.
(p) Additional required records for methanol-fueled vehicles:
(1) Specification of the methanol fuel, or fuel mixtures, used during testing.
(2) Volume of sample passed through the methanol sampling system and the volume of deionized water in each impinger.
(3) The methanol calibration information from the GC standards.
(4) The concentration of the GC analyses of the test samples (methanol).
(5) Volume of sample passed through the formaldehyde sampling system.
(6) The formaldehyde calibration information from the HPLC standards.
(7) The concentration of the HPLC analysis of the test sample (formaldehyde).
(q)
(r)
The final reported test results, with oxides of nitrogen being optional for model years prior to 2006 and required for 2006 and later model years, shall be computed by use of the following formula: (The results of all emission tests shall be rounded, in accordance with ASTM E29-93a (incorporated by reference in § 86.1), to the number of places to the right of the decimal point indicated by expressing the applicable standard to three significant figures.)
(1) Y
(2) Y
(3) Y
(4) Y
(5) D
(6) D
(7) D
(b) The mass of each pollutant for each phase of both the cold-start test and the hot-start test is determined from the following:
(1) Hydrocarbon mass:
(2) Oxides of nitrogen mass:
(3) Carbon monoxide mass:
(4) Carbon dioxide mass:
(5) Methanol mass:
(6) Formaldehyde mass:
(7) Total hydrocarbon equivalent:
(i) THCE = HC
(c) Meaning of symbols:
(1)(i) HC
(ii) Density
(A)
(B)
(iii)(A) HC
(B) HC
(iv)(A) HC
(B) HC
(v) FID HC
(vi) r = FID response to methanol.
(vii) C
(viii)(A) HC
(B) HC
(ix) FID HC
(x) C
(2)(i) NOx
(ii) Density
(iii)(A) NOx
(B) NOx
(iv) NOx
(v) NOx
(3)(i) CO
(ii) Density
(iii)(A) CO
(B) CO
(iv)(A) CO
(B) CO
(C) CO
(v) CO
(vi) CO
(vii) R = Relative humidity of the dilution air, pct (
(viii)(A) CO
(B) CO
(ix) CO
If a CO instrument which meets the criteria specified in § 86.511 is used and the conditioning column has been deleted, CO
(4)(i) CO
(ii) Density
(iii)(A) CO
(B) CO
(iv) CO
(5)(i) CH
(ii) Density
(iii)(A) CH
(B) CH
(iv)(A) C
(B)
(v)(A) C
(B)
(vi) T
(vii) T
(viii) P
(ix) V
(x) V
(xi) C
(xii) C
(xiii) AV
(xiv) AV
(xv) 1=first impinger.
(xvi) 2=second impinger.
(6)(i) HCHO
(ii) Density
(iii)(A) HCHO
(B) HCHO
Where:
(iv)(A) C
(B)
(v)(A) C
(B)
(vi) C
(vii) V
(viii)(A) Q = Ratio of molecular weights of formaldehyde to its DNPH derivative.
(B) Q = 0.1429
(ix) T
(x) V
(xi) P
(xii) C
(xiii) V
(xiv) T
(xv) V
(7)(i) DF = 13.4/[CO
(ii) For methanol-fueled, natural gas-fueled or liquefied petroleum gas-fueled motorcycles, where fuel composition is C
(iii)(A) V
(B)
(iv) V
(v) N = Number of revolutions of the positive displacement pump during the test phase while samples are being collected.
(vi) P
(vii) P
(viii) T
(ix)(A) K
(B) K
(x)(A) H = Absolute humidity in grams of water per kilogram of dry air.
(B) H = [(6.211)R
(xi) R
(xii) P
(xiii) P
(d) Sample calculation of mass emission values for gasoline-fueled vehicles with engine displacements equal to or greater than 170 cc (10.4 cu. in.):
(1) For the “transient” phase of the cold-start test, assume V
(i) V
(ii) H = [(6.211)(20.5)(3.382)]/[(99.05) − (3.382)(20.5/100)] = 4.378 grams H
(iii) K
(iv) CO
(v) CO
(vi) DF = 13.4/[0.415 + (249.75 + 306.68)10
(vii) HC
(viii) HC
(ix) NOx
(x) NOx
(xi) CO
(xii) CO
(xiii) CO
(xiv) CO
(2) For the “stabilized” portion of the cold-start test, assume that similar calculations resulted in HC
(3) For the “transient” portion of the hot-start test, assume that similar calculations resulted in HC
(4) For a 1978 motorcycle with an engine displacement equal to or greater than 170 cc (10.4 cu. in):
(i) HC
(ii) NOx
(iii) CO
(iv) CO