The provisions of this subpart apply to light-duty vehicles, light-duty trucks, and heavy-duty vehicles. However, manufacturers that optionally certify heavy-duty vehicles based on chassis testing under § 86.1863-07 may choose instead to perform selective enforcement audits using the procedures specified in 40 CFR part 1068, subpart E. References to “light-duty vehicle” or “LDT” in this subpart G shall be deemed to include light-duty trucks and heavy-duty vehicles as appropriate.

(a) Section numbering; construction. (1) The model year of initial applicability is indicated by the two digits following the hyphen of the section number. A section remains in effect for subsequent model years until it is superseded.

(2) A section reference without a model year suffix shall be interpreted to be a reference to the section applicable to the appropriate model year.

(b) References in this subpart to engine families and emission control systems shall be deemed to refer to durability groups and test groups as applicable for manufacturers certifying new light-duty vehicles and light-duty trucks under the provisions of subpart S of this part.

(a) The definitions in this section apply to this subpart.

(b) As used in this subpart, all terms not defined herein have the meaning given them in the Act.

(1) Acceptable Quality Level (AQL) means the maximum percentage of failing vehicles that, for purposes of sampling inspection, can be considered satisfactory as a process average.

(2) Axle Ratio means all ratios within ±3% of the axle ratio specified in the configuration in the test order.

(3) Configuration means a subclassification of an engine-system combination on the basis of engine code, inertia weight class, transmission type and gear ratios, axle ratio, and other parameters which may be designated by the Administrator.

(4) Test Sample means the collection of vehicles of the same configuration which have been drawn from the population of vehicles of that configuration and which will receive exhaust emission testing.

(5) Inspection Criteria means the pass and fail numbers associated with a particular sampling plan.

(6) Vehicle means any new production light-duty vehicle as defined in subpart A of this part.

(7) Test Vehicle means a vehicle in a test sample.

(8) In the Hands of the Manufacturer means that vehicles are still in the possession of the manufacturer and have not had their bills of lading transferred to another person for the purpose of transporting.

Section 86.602-98 includes text that specifies requirements that differ from § 86.602-84. Where a paragraph in § 86.602-84 is identical and applicable to § 86.602-98, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.602-84.” Where a corresponding paragraph of § 86.602-84 is not applicable, this is indicated by the statement “[Reserved].”.

(a) through (b)(2) [Reserved]. For guidance see § 86.602-84.

(b)(3)(i) Configuration, when used for LDV exhaust emissions testing, means a subclassification of an engine-system combination on the basis of engine code, inertia weight class, transmission type and gear ratios, axle ratio, and other parameters which may be designated by the Administrator.

(ii) Configuration, when used for LDV refueling emissions testing, means a subclassification of an evaporative/refueling emission family on the basis of evaporative and refueling control system and other parameters which may be designated by the Administrator.

(4) Test sample means the collection of vehicles of the same configuration which have been drawn from the population of vehicles of that configuration and which will receive emission testing.

(b)(5) through (b)(8) [Reserved]. For guidance see § 86.602-84.

(9) Executive Officer means the Executive Officer of the California Air Resources Board or his or her authorized representative.

(10) Executive Order means the document the Executive Officer grants a manufacturer for an engine family that certifies the manufacturer has verified that the engine family complies with all applicable standards and requirements pursuant to Title 13 of the California Code of Regulations.

(11) 50-state engine family means an engine family that meets both federal and California Air Resources Board motor vehicle emission control regulations and has received a federal certificate of conformity as well as an Executive Order.

(a) The Administrator will require any testing under this subpart by means of a test order addressed to the manufacturer.

(b) The test order will be signed by the Assistant Administrator for Air and Radiation or his designee. The test order will be delivered in person by an EPA Enforcement Officer to a company representative or sent by registered mail, return receipt requested, to the manufacturer's representative who signs the Application for Certification submitted by the manufacturer pursuant to the requirements of the applicable sections of subpart A of this part. Upon receipt of a test order, the manufacturer shall comply with all of the provisions of this subpart and instructions in the test order.

(c)(1) The test order will specify the vehicle configuration selected for testing, the time and location at which vehicles must be selected, and the procedure by which vehicles of the specified configuration must be selected. The test order may specify the number of vehicles to be selected per day and may include alternative configurations (primary, secondary, etc.) to be selected for testing in the event that vehicles of the first specified configuration are not available for testing because those vehicles are not being manufactured at the specified assembly plant, not being manufactured during the specified time, or not being stored at the specified assembly plant or associated storage facility. If total production of the specified vehicle configuration is less than the number specified in the test order, the manufacturer will select the actual number of vehicles produced per day. If the first specified configuration is not being manufactured at a rate of at least four vehicles per day over the expected duration of the audit, the Assistant Administrator for Air and Radiation or his designated representative may select vehicles of a primary alternate configuration for testing in lieu of the first specified configuration. Likewise, vehicles of a secondary alternate configuration may be selected in lieu of vehicles of the first specified configuration or primary alternate configuration. In addition, the test order may include other directions or information essential to the administration of the required testing.

(2) The following instructions are applicable to each test order issued under this subpart:

(i) The manufacturer shall make the following documents available to an EPA Enforcement Officer upon request:

(A) A properly filed and current Application for Certification following the format prescribed by the EPA for the appropriate model year; and

(B) A copy of the shop manual, dealer service bulletins, and pre-delivery inspection procedures for the configuration being tested.

(ii) Only one mechanic at a time per vehicle shall make authorized checks, adjustments, or repairs, unless a particular check, adjustment, or repair requires a second mechanic as indicated in the shop manual or dealer service bulletins.

(iii) A mechanic shall not perform any check, adjustment, or repair without an Enforcement Officer present unless otherwise authorized.

(iv) The manufacturer shall utilize only those tools and test equipment utilized by its dealers when performing authorized checks, adjustments, or repairs.

(d) A manufacturer may indicate preferred assembly plants for the various engine families produced by the manufacturer for selection of vehicles in response to a test order. This shall be accomplished by submitting a list of engine families and the corresponding assembly plants from which the manufacturer desires to have vehicles selected to the Administrator. In order that a manufacturer's preferred location for issuance of a test order for a configuration of a particular engine family be considered, the list must be submitted prior to issuance of the test order. Notwithstanding the fact that a manufacturer has submitted the above list, the Administrator may, upon making the determination that evidence exists indicating noncompliance at other than the manufacturer's preferred plant, order testing at such other plant where vehicles of the configuration specified in the test order are assembled.

(e) During a given model year, the Administrator shall not issue to a manufacturer more SEA test orders than an annual limit determined by dividing the projected sales bound for the U.S. market for that model year, as made by the manufacturer in its report submitted under paragraph (a)(2) of § 600.207-80 of the Automobile Fuel Economy Regulations, by 300,000 and rounding to the nearest whole number, unless the projected sales are less than 150,000, in which case the annual limit is one. However, the annual limit for SEA test orders will be recalculated if a manufacturer submits to EPA in writing prior to or during the model year a sales projection update.

(1) Any SEA test order for which the configuration fails in accordance with § 86.610 or for which testing is not completed does not count against the annual limit.

(2) When the annual limit has been met, the Administrator may issue additional test orders for those configurations for which evidence exists indicating noncompliance. An SEA test order issued on this basis will include a statement as to the reason for its issuance.

Section 86.603-98 includes text that specifies requirements that differ from § 86.603-88. Where a paragraph in § 86.603-88 is identical and applicable to § 86.603-98, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.603-88.” Where a corresponding paragraph of § 86.603-88 is not applicable, this is indicated by the statement “[Reserved].”.

(a) through (c) [Reserved]. For guidance see § 86.603-88.

(d) A manufacturer may indicate preferred assembly plants for the various engine families and evaporative/refueling families produced by the manufacturer for selection of vehicles in response to a test order. This shall be accomplished by submitting a list of engine families with the associated evaporative/refueling families, and the corresponding assembly plants from which the manufacturer desires to have vehicles selected, to the Administrator. In order that a manufacturer's preferred location for issuance of a test order for a configuration of a particular engine family and/or evaporative/refueling family be considered, the list must be submitted prior to issuance of the test order. Notwithstanding the fact that a manufacturer has submitted the above list, the Administrator may, upon making the determination that evidence exists indicating noncompliance at other than the manufacturer's preferred plant, order selection at such other plant where vehicles of the configuration specified in the test order are assembled.

(e) [Reserved]. For guidance see § 86.603-88.

(f) In the event evidence exists indicating an engine family is in noncompliance, the Administrator may, in addition to other powers provided by this section, issue a test order specifying the engine family the manufacturer is required to test.

(a) The Administrator may require by test order that vehicles of a specified configuration be selected in a manner consistent with the requirements of § 86.607 and submitted to him at such place as he may designate for the purpose of conducting emission tests. These tests shall be conducted in accordance with § 86.608 of these regulations to determine whether vehicles manufactured by the manufacturer conform with the regulations with respect to which the certificate of conformity was issued.

(b)(1) Whenever the Administrator conducts a test on a test vehicle or the Administrator and manufacturer each conduct a test on the same test vehicle, the results of the Administrator's test shall comprise the official data for that vehicle.

(2) Whenever the manufacturer conducts all tests on a test vehicle, the manufacturer's test data will be accepted as the official data: Provided, That if the Administrator makes a determination based on testing under paragraph (a) of this section that there is a substantial lack of agreement between the manufacturer's test results and the Administrator's test results, no manufacturer's test data from the manufacturer's test facility will be accepted for purposes of this subpart.

(c) In the event that testing conducted under paragraph (a) of this section demonstrates a lack of agreement under paragraph (b)(2), of this section, the Administrator will:

(1) Notify the manufacturer in writing of his determination that the test facility is inappropriate for conducting the tests required by this subpart and the reasons therefor, and

(2) Reinstate any manufacturer's data upon a showing by the manufacturer that the data acquired under paragraph (a) of this section was erroneous and the manufacturer's data was correct.

(d) The manufacturer may request in writing that the Administrator reconsider his determination in paragraph (b)(2) of this section based on data or information which indicates that changes have been made to the test facility and such changes have resolved the reasons for disqualification.

(a) The manufacturer of any new motor vehicle subject to any of the standards or procedures prescribed in this part shall establish, maintain and retain the following adequately organized and indexed records:

(1) General records. (i) A description of all equipment used to test vehicles in accordance with § 86.608 pursuant to a test order issued under this subpart, including the following information:

(A) Dynamometer. (1) Inertia loading.

(2) Road load power absorption at 50 m.p.h.

(3) Manufacturer, model and serial number.

(B) Constant volume sampler. (1) Pressure of the mixture of exhaust and dilution air entering the positive displacement pump, pressure increase across the pump, and the temperature set point of the temperature control system.

(2) Number of revolutions of the positive displacement pump accumulated while test is in progress and exhaust samples are being collected.

(3) Humidity of dilution air.

(4) Manufacturer, model, type and serial number.

(C) Instrumentation. (1) Manufacturer, model and serial number for each analyzer.

(2) Pertinent information such as tuning, gain, ranges and calibration data.

(3) Identification of zero, span, exhaust gas and dilution air sample traces.

(4) Temperature set point of heated sample line and heated hydrocarbon detector temperature control system (for diesel vehicles only).

(D) Test cell. (1) Barometric pressure, ambient temperature and humidity.

(2) Data and time of day.

(ii) In lieu of recording test equipment information, reference to a vehicle test cell number may be used, with the advance approval of the Administrator: Provided, the test cell records show the pertinent information.

(2) Individual records. These records pertain to each audit conducted pursuant to this subpart.

(i) The location where audit testing was performed, and the date and time for each emissions test.

(ii) The number of miles on the test vehicle when the test began and ended.

(iii) The names of supervisory personnel responsible for the conduct of the audit.

(iv) A record and description of any repairs performed prior to and/or subsequent to approval by the Administrator, giving the date and time of the repair, the reason for it, the person authorizing it, and the names of supervisory personnel responsible for the repair.

(v) The dates when the test vehicles were shipped from the assembly plant or the storage facility and when they were received at the testing facility.

(vi) The drive wheel tire pressure and the inertia weight class for each test vehicle, and the actual curb weight for each test vehicle required to be weighed pursuant to a test order.

(vii) A complete record of all emission tests performed pursuant to this subpart (except tests performed by EPA directly) including all individual worksheets and/or other documentation relating to each test, or exact copies thereof.

(viii) A brief description of all significant audit events, commencing with the test vehicle selection process, but not described by any other subparagraph under paragraph (a)(2) of this section, including such extraordinary events as vehicle accident.

(ix) A paper copy of the driver's trace for each test.

(3) Additional required records for diesel vehicles.

(4) The manufacturer shall record test equipment description, pursuant to paragraph (a)(1) of this section, for each test cell that is used to perform emission testing under this subpart.

(b) All records required to be maintained under this subpart shall be retained by the manufacturer for a period of one (1) year after completion of all testing in response to a test order. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending upon the record retention procedures of the manufacturer: Provided, That in every case all the information contained in the hard copy shall be retained.

(c) The manufacturer shall, pursuant to a request made by the Administrator, submit to the Administrator the following information with regard to vehicle production:

(1) Number of vehicles, by configuration and assembly plant, scheduled for production for the time period designated in the request.

(2) Number of vehicles, by configuration and assembly plant, produced during the time period designated in the request which are complete for introduction into commerce.

(d) Nothing in this section shall limit the Administrator's discretion to require the manufacturer to retain additional records or submit information not specifically required by this section.

(e) All reports, submissions, notifications and requests for approvals made under this subpart shall be addressed to:

Section 86.605-98 includes text that specifies requirements that differ from § 86.605-88. Where a paragraph in § 86.605-88 is identical and applicable to § 86.605-98, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.605-88.” Where a corresponding paragraph of § 86.605-88 is not applicable, this is indicated by the statement “[Reserved].”.

(a) through (a)(1)(i)(D) [Reserved]. For guidance see § 86.605-88.

(E) Refueling enclosure (refueling SHED).

(1) Total internal volume.

(2) Capacity of mixing blower.

(3) Location of refueling access ports.

(4) Enclosure barometric pressure and ambient temperature.

(5) Soak area temperature records.

(F) Fuel dispenser for refueling. (1) Fuel dispensing rate.

(2) Manufacturer and model of fuel nozzle.

(3) Dispensed fuel temperature.

(4) Dispensed fuel volume.

(a)(1)(ii) through (e) [Reserved]. For guidance see § 86.605-88.

(2) [Reserved]

(a) In order to allow the Administrator to determine whether a manufacturer is complying with the provisions of this subpart and a test order issued thereunder, EPA Enforcement Officers may enter during normal operating hours upon presentation of credentials any of the following:

(1) Any facility where any vehicle to be introduced into commerce or any emission-related component is or has been manufactured, assembled, or stored;

(2) Any facility where any tests conducted pursuant to a test order or any procedures or activities connected with such tests are or were performed;

(3) Any facility where any vehicle which is being, was, or is to be tested is present; and

(4) Any facility where any record or other document relating to any of the above is located.

(b) Upon admission to any facility referred to in paragraph (a) of this section, EPA Enforcement Officers may:

(1) Inspect and monitor any part or aspect of vehicle manufacturer, assembly, storage, testing and other procedures, and the facilities in which these procedures are conducted;

(2) Inspect and monitor any part or aspect of vehicle test procedures or activities, including, but not limited to, vehicle selection, preparation, mileage accumulation, preconditioning, emission tests, and maintenance; and verify calibration of test equipment;

(3) Inspect and make copies of any records or documents related to the assembly, storage, selection and testing of a vehicle in compliance with a test order; and

(4) Inspect and photograph any part or aspect of any vehicle and any component used in its assembly that is reasonably related to the purpose of the entry.

(c) EPA Enforcement Officers may obtain reasonable assistance without cost from those in charge of a facility to help them perform any function listed in this subpart and may request the recipient of a test order to arrange with those in charge of a facility operated for its benefit to furnish reasonable assistance without cost to EPA whether or not the recipient controls the facility.

(d) EPA Enforcement Officers may seek a warrant or court order authorizing the EPA Enforcement Officers to conduct activities related to entry and access as authorized in this section. EPA Enforcement Officers may proceed ex parte to obtain a warrant whether or not the Enforcement Officers first sought permission from the recipient of the test order or the party in charge of the facilities in question to conduct those activities related to entry and access.

(e) A recipient of a test order shall permit EPA Enforcement Officers who present a warrant or court order as described in paragraph (d) of this section to conduct activities related to entry and access as authorized in this section and as described in the warrant or court order. A recipient of a test order shall cause those in charge of its facility or a facility operated for its benefit to permit EPA Enforcement Officers to conduct these activities related to entry and access pursuant to a warrant or court order whether or not the recipient controls the facility. In the absence of such a warrant or court order, EPA Enforcement Officers may conduct those activities related to entry and access only upon the consent of either the recipient of the test order or the party in charge of the facilities in question.

(f) It is not a violation of this part or the Clean Air Act for any person to refuse to permit EPA Enforcement Officers to conduct activities related to entry and access as authorized in this section without a warrant or court order.

(g) A manufacturer is responsible for locating its foreign testing and manufacturing facilities in jurisdictions in which local foreign law does not prohibit EPA Enforcement Officers from conducting the entry and access activities specified in this section. EPA will not attempt to make any inspections which it has been informed that local foreign law prohibits.

(h) For purposes of this section:

(1) Presentation of Credentials means display of the document designating a person as an EPA Enforcement Officer.

(2) Where vehicle storage areas or facilities are concerned, operating hours means all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.

(3) Where facilities or areas other than those covered by paragraph (h)(2) of this section are concerned, operating hours means all times during which an assembly line is in operation, vehicle assembly is occurring, or testing, repair, mileage accumulation, production or compilation of records, or any other procedure or activity related to testing, or to vehicle manufacture or assembly, is being conducted in a facility.

(4) Reasonable assistance includes, but is not limited to, providing clerical, copying, interpreting and translating services and, at the request of an EPA Enforcement Officer, making available personnel of the facility being inspected during their working hours to provide information relevant to the Enforcement Officer's activities authorized in this section. Any employee whom a manufacturer has instructed to appear at the request of an Enforcement Officer may be accompanied, represented, and advised by counsel.

(a) Vehicles comprising a test sample which are required to be tested, pursuant to a test order issued in accordance with this subpart, will be selected at the location and in the manner specified in the test order. If a manufacturer determines that the test vehicles cannot be selected in the manner specified in the test order, an alternative selection procedure may be employed: Provided, That the manufacturer requests approval of the alternative procedure in advance of the start of test sample selection and that the Administrator approves the procedure. Special order vehicles are exempt from sample selection unless a test sample cannot be completed otherwise.

(b) The manufacturer shall have assembled the test vehicles of the configuration selected for testing using its normal mass production processes for vehicles to be distributed into commerce. During the audit, the manufacturer shall inform the Administrator of any change(s) implemented in its production processes, including quality control, which may be reasonably expected to affect the emissions of the vehicles selected, between the time the manufacturer received the test order and the time the manufacturer finished selecting test vehicles.

(c) No quality control, testing, or assembly procedures will be used on the completed test vehicles or any portion thereof, including parts and subassemblies, that has not been or will not be used during the production and assembly of all other vehicles of that configuration.

(d) The test order may specify that EPA Enforcement Officers, rather than the manufacturer, will select the test vehicles according to the method described in paragraph (a) of this section.

(e) The order in which test vehicles are selected determines the order in which test results are to be used in applying the sampling plan in accordance with § 86.610.

(f) The manufacturer shall keep on hand all untested vehicles, if any, comprising the test sample until a pass or fail decision is reached in accordance with paragraph (d) of § 86.610. The manufacturer may ship any tested vehicle which has not failed in accordance with paragraph (a) of § 86.610. However, once a manufacturer ships any vehicle from the test sample, it relinquishes the prerogative to conduct retests provided in paragraph (i) of § 86.608.

(a) The prescribed test procedures are the Federal Test Procedure, as described in subpart B and/or subpart R of this part, whichever is applicable, the cold temperature CO test procedure as described in subpart C of this part, and the Certification Short Test procedure as described in subpart O of this part. Where the manufacturer conducts testing based on the requirements specified in Chapter 1 or Chapter 2 of the California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996), the prescribed test procedures are the procedures cited in the previous sentence, or substantially similar procedures, as determined by the Administrator. The California Regulatory Requirements Applicable to the National Low Emission Vehicle Program are incorporated by reference (see § 86.1). For purposes of Selective Enforcement Audit testing, the manufacturer shall not be required to perform any of the test procedures in subpart B of this part relating to evaporative emission testing, other than refueling emissions testing, except as specified in paragraph (a)(2) of this section.

(1) The Administrator may omit any of the testing procedures described in paragraph (a) of this section and may select and prescribe the sequence of any CSTs. Further, the Administrator may, on the basis of a written application by a manufacturer, approve optional test procedures other than those in subparts B, C, and O of this part for any motor vehicle which is not susceptible to satisfactory testing using the procedures in subparts B, C, and O of this part.

(2) The following exceptions to the test procedures in subpart B and/or subpart R of this part are applicable to Selective Enforcement Audit testing:

(i) For mileage accumulation, the manufacturer may use test fuel meeting the specifications for mileage and service accumulation fuels of § 86.113, or, for vehicles certified to the National LEV standards, the specifications of § 86.1771. Otherwise, the manufacturer may use fuels other than those specified in this section only with the advance approval of the Administrator.

(ii) The manufacturer may measure the temperature of the test fuel at other than the approximate mid-volume of the fuel tank, as specified in § 86.131-96(a) with only a single temperature sensor, and may drain the test fuel from other than the lowest point of the tank, as specified in §§ 86.131-96(b) and 86.152-98(a), provided an equivalent method is used. Equivalency documentation shall be maintained by the manufacturers and shall be made available to the Administrator upon request. Additionally, for any test vehicle that has remained under laboratory ambient temperature conditions for at least 6 hours prior to testing, the vehicle soak described in § 86.132-96(c) may be eliminated upon approval of the Administrator. In such cases, the vehicle shall be operated through the preconditioning drive described in § 86.132-96(c) immediately following the fuel drain and fill procedure described in § 86.132-96(b).

(iii) The manufacturer may perform additional preconditioning on Selective Enforcement Audit test vehicles other than the preconditioning specified in § 86.132, or § 86.1773, for vehicles certified to the National LEV standards only if the additional preconditioning was performed on certification test vehicles of the same configuration.

(iv) If the Administrator elects to use the evaporative/refueling canister preconditioning procedure described in § 86.132-96(k), the manufacturer shall perform the heat build procedure 11 to 34 hours following vehicle preconditioning rather than according to the time period specified in § 86.133-90(a). All references to an evaporative emission enclosure and analyzing for HC during the heat build can be ignored.

(v) The manufacturer may substitute slave tires for the drive wheel tires on the vehicle as specified in paragraph § 86.135-90(e): Provided, that the slave tires are the same size.

(vi) If the Administrator elects to use the evaporative/refueling canister preconditioning procedure described in § 86.132-96(k), the cold start exhaust emission test described in § 86.137-96 shall follow the heat build procedure described in § 86.133-90 by not more than one hour.

(vii) In performing exhaust sample analysis under § 86.140-94.

(A) When testing diesel vehicles, or methanol-fueled Otto-cycle vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up for the HC analyzer, and for diesel vehicles, a minimum of two hours warm-up for the CO, CO2. and NOX analyzers. (Power is normally left on infrared and chemiluminescent analyzers. When not in use, the chopper motors of the infrared analyzers are turned off and the phototube high voltage supply to the chemiluminescent analyzers is placed in the standby position.)

(B) The manufacturer shall exercise care to prevent moisture from condensing in the sample collection bags.

(viii) The manufacturer need not comply with § 86.142, § 86.155, or § 86.1775, since the records required therein are provided under other provisions of this subpart G.

(ix) If a manufacturer elects to perform the background determination procedure described in paragraph (a)(2)(xi) of this section in addition to performing the refueling emissions test procedure, the elapsed time between the initial and final FID readings shall be recorded, rounded to the nearest second rather than minute as described in § 86.154-98(e)(8). In addition, the vehicle soak described in § 86.153-98(e) shall be conducted with the windows and luggage compartment of the vehicle open.

(x) The Administrator may elect to perform a seal test, described in § 86.153-98(b), of both integrated and non-integrated systems instead of the full refueling test. When testing non-integrated systems, a manufacturer may conduct the canister purge described in § 86.153-98(b)(1) directly following the preconditioning drive described in § 86.132-96(e) or directly following the exhaust emissions test described in § 86.137-96.

(xi) In addition to the refueling test, a manufacturer may elect to perform the following background emissions determination immediately prior to the refueling measurement procedure described in § 86.154-98, provided EPA is notified of this decision prior to the start of testing in an SEA.

(A) The SHED shall be purged for several minutes immediately prior to the background determination. Warning: If at any time the concentration of hydrocarbons, of methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately purged. This concentration provides a 4:1 safety factor against the lean flammability limit.

(B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned immediately prior to the background determination. If not already on, the enclosure mixing fan and the spilled fuel mixing blower shall be turned on at this time.

(C) Place the vehicle in the SHED. The ambient temperature level encountered by the test vehicle during the entire background emissions determination shall be 80 °F ±3 °F. The windows and luggage compartment of the vehicle must be open and the gas cap must be secured.

(D) Seal the SHED. Immediately analyze the ambient concentration of hydrocarbons in the SHED and record. This is the initial background hydrocarbon concentration.

(E) Soak the vehicle for ten minutes ±1 minute.

(F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned immediately prior to the end of the background determination.

(G) Analyze the ambient concentration of hydrocarbons in the SHED and record. This is the final background hydrocarbon concentration.

(H) The total hydrocarbon mass emitted during the background determination is calculated according to § 86.156-98. To obtain a per-minute background emission rate, divide the total hydrocarbon mass calculated in this paragraph by the duration of the soak, rounded to the nearest second, described in paragraph (a)(2)(xi)(G) of this section.

(I) The background emission rate is multiplied by the duration of the refueling measurement obtained in paragraph (a)(2)(ix) of this section. This number is then subtracted from the total grams of emissions calculated for the refueling test according to § 86.156-98(a) to obtain the adjusted value for total refueling emissions. The final results for comparison with the refueling emission standard shall be computed by dividing the adjusted value for total refueling mass emissions by the total gallons of fuel dispensed in the refueling test as described in § 86.156-98(b).

(xii) In addition to the requirements of subpart B of this part, the manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles as follows prior to emission testing:

(A) The manufacturer shall inspect the fuel system to ensure the absence of any leaks of liquid or vapor to the atmosphere by applying a pressure of 14.5±0.5 inches of water (3.6±0.1 Kpa) to the fuel system allowing the pressure to stabilize and isolating the fuel system from the pressure source. Following isolation of the fuel system, pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five minutes. If required, the manufacturer shall perform corrective action in accordance with paragraph (d) of this section and report this action in accordance with § 86.609-98(d).

(B) When performing this pressure check, the manufacturer shall exercise care to neither purge nor load the evaporative or refueling emission control systems.

(C) The manufacturer may not modify the test vehicle's evaporative or refueling emission control systems by component addition, deletion, or substitution, except to comply with paragraph (a)(2)(ii) of this section if approved in advance by the Administrator.

(3) The following exceptions to the test procedures in subpart C of this part are applicable to Selective Enforcement Audit testing:

(i) The manufacturer may measure the temperature of the test fuel at other than the approximate mid-volume of the fuel tank, as specified in § 86.131-90(a), and may drain the test fuel from other than the lowest point of the fuel tank as specified in § 86.131-90(b), provided an equivalent method is used. Equivalency documentation shall be maintained by the manufacturer and shall be made available to the Administrator upon request.

(ii) In performing exhaust sample analysis under § 86.140-94, the manufacturer shall exercise care to prevent moisture from condensing in the sample collection bags.

(iii) The manufacturer need not comply with § 86.142-90 since the records required therein are provided under other provisions of this subpart G.

(iv) In addition to the requirements of subpart C of this part, the manufacturer shall prepare gasoline-fueled vehicles as follows prior to exhaust emission testing:

(A) The manufacturer shall inspect the fuel system to ensure the absence of any leaks of liquid or vapor to the atmosphere by applying a pressure of 14.5±0.5 inches of water (3.6±0.1 Kpa) to the fuel system allowing the pressure to stabilize and isolating the fuel system from the pressure source. Following isolation of the fuel system, pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five minutes. If required, the manufacturer shall perform corrective action in accordance with paragraph (d) of this section and report this action in accordance with § 86.609-98(d).

(B) When performing this pressure check, the manufacturer shall exercise care to neither purge nor load the evaporative or refueling emission control system.

(C) The manufacturer shall not modify the test vehicle's evaporative or refueling emission control system by component addition, deletion, or substitution, except if approved in advance by the Administrator, to comply with paragraph (a)(3)(i) of this section.

(4) The exceptions to the test procedures in subpart O of this part applicable to Selective Enforcement Audit testing are listed in paragraphs (a)(4) (i) and (ii) of this section.

(i) The manufacturer need not comply with § 86.1442, since the records required therein are provided under provisions of this subpart G.

(ii) In addition to the requirements of subpart O of this part, the manufacturer must prepare vehicles as in paragraphs (a)(4)(ii) (A) through (C) of this section prior to exhaust emission testing.

(A) The manufacturer must inspect the fuel system to insure the absence of any leaks of liquid or vapor to the atmosphere by applying a pressure of 14.5±0.5 inches of water (3.6±0.1 Kpa) to the fuel system, allowing the pressure to stabilize, and isolating the fuel system from the pressure source. Pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five minutes. If required, the manufacturer performs corrective action in accordance with paragraph (d) of this section and must report this action in accordance with § 86.609-98(d).

(B) When performing this pressure check, the manufacturer must exercise care to neither purge nor load the evaporative or refueling emission control system.

(C) The manufacturer may not modify the test vehicle's evaporative or refueling emission control system by component addition, deletion, or substitution.

(b)(1) The manufacturer shall not adjust, repair, prepare, or modify the vehicles selected for testing and shall not perform any emission tests on vehicles selected for testing pursuant to the test order unless this adjustment repair, preparation, modification, and/or tests are documented in the manufacturer's vehicle assembly and inspection procedures and are actually performed or unless these adjustments and/or tests are required or permitted under this subpart or are approved in advance by the Administrator.

(2) For 1981 and later model years the Administrator may adjust or cause to be adjusted any engine or vehicle parameter which the Administrator has determined to be subject to adjustment for new vehicle compliance testing (e.g., for certification or Selective Enforcement Audit testing) in accordance with § 86.081-22(c)(1), to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with § 86.081-22(e)(3)(ii), prior to the performance of any tests. However, if the idle speed parameter is one which the Administrator has determined to be subject to adjustment, the Administrator shall not adjust it to a setting which causes a lower engine idle speed than will be possible within the physically adjustable range of the idle speed parameter on the vehicle when it has accumulated 4,000 miles, all other parameters being adjusted identically for the purpose of comparison. The Administrator, in making or specifying such adjustments, will consider the effect of the deviation from the manufacturer's recommended setting on emissions performance characteristics as well as the likelihood that similar settings will occur on in-use light-duty vehicles or light-duty trucks. In determining likelihood, the Administrator will consider factors such as, but not limited to, the effect of the adjustment on vehicle performance characteristics and surveillance information from similar in-use vehicles.

(c) Prior to performing emission testing pursuant to paragraph (a) of this section on an SEA test vehicle, the manufacturer may accumulate on each vehicle a number of miles equal to the greater of 4,000 miles, or the number of miles the manufacturer accumulated during certification on the emission-data vehicle corresponding to the configuration specified in the test order.

(1) Mileage accumulation must be performed in any manner using good engineering judgment to obtain emission results representative of normal production vehicles. This mileage accumulation must be consistent with the new vehicle break-in instructions contained in the applicable vehicle owner's manual, if any.

(2) The manufacturer shall accumulate mileage at a minimum rate of 300 miles per vehicle during each 24-hour period, unless otherwise provided by the Administrator.

(i) The first 24-hour period for mileage accumulation shall begin as soon as authorized vehicle checks, inspections and preparations are completed on each vehicle.

(ii) The minimum mileage accumulation rate does not apply on weekends or holidays.

(iii) If the manufacturer's mileage accumulation target is less than the minimum rate specified (300 miles per day), then the minimum daily accumulation rate shall be equal to the manufacturer's mileage accumulation target.

(3) Mileage accumulation shall be completed on a sufficient number of test vehicles during consecutive 24-hour periods to assure that the number of vehicles tested per day fulfills the requirements of paragraph (g) of this section.

(d) The manufacturer shall not perform any maintenance on test vehicles after selection for testing nor shall the Administrator allow deletion of any test vehicle from the test sequence, unless requested by the manufacturer and approved by the Administrator before any test vehicle maintenance of deletion.

(e) The manufacturer will be allowed 24 hours to ship test vehicles from the assembly plant or storage facility to the test facility if the test facility is not located at the plant or storage facility or in close proximity to the plant or storage facility: Except, that the Administrator may approve more time based upon a request by the manufacturer accompanied by a satisfactory justification.

(f) If a vehicle cannot complete the mileage accumulation or emission tests because of vehicle malfunction, the manufacturer may request the Administrator to authorize the repair of that vehicle or its deletion from the test sequence.

(g) Whenever the manufacturer conducts testing pursuant to a test order issued under this subpart, the manufacturer shall notify the Administrator within one working day of receipt of the test order, which test facility will be used to comply with the test order and the number of available test cells at that facility. If no test cells are available at the desired facility, the manufacturer must provide alternate testing capability satisfactory to the Administrator.

(1) The manufacturer shall perform a combination of tests pursuant to paragraph (a) of this section so that a minimum of four tests are performed per 24 hour period, including voided tests, for each available test cell.

(2) The Administrator may approve a longer period based upon a request by a manufacturer accompanied by satisfactory justification.

(h) The manufacturer shall perform test vehicle selection, preparation, mileage accumulation, shipping, and testing in such a manner as to assure that the audit is performed in an expeditious manner.

(i) The manufacturer may retest any test vehicle after a fail decision has been reached in accordance with § 86.610-98(d) based on the first test on each vehicle; except that the Administrator may approve retests at other times during the audit based upon a request by the manufacturer accompanied by a satisfactory justification. The manufacturer may test each vehicle a total of three times. The manufacturer shall test each vehicle the same number of times. The manufacturer may accumulate additional mileage on test vehicles before conducting retests, subject to the provisions of paragraph (c) of this section.

(a) Initial test results are calculated following the test procedures specified in § 86.608-98(a). Round the initial test results to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure. Rounding is done in accordance with ASTM E 29-67, (reapproved 1980) (as referenced in § 86.094-28 (a)(4)(i)(B)(2)(ii).

(b) Final test results for each test vehicle are calculated by summing the initial test results derived in paragraph (a) of this section for each test vehicle, dividing by the number of times that specific test has been conducted on the vehicle, and rounding to the same number of decimal places contained in the applicable standard expressed to one additional significant figure. Rounding is done in accordance with ASTM E 29-67, (reapproved 1980) (as referenced in § 86.094-28 (a)(4)(i)(B)(2)(ii).

(c) Final deteriorated test results—(1) For each test vehicle. The final deteriorated test results for each light-duty vehicle tested for exhaust emissions and/or refueling emissions according to subpart B, subpart C, or subpart R of this part are calculated by first multiplying or adding, as appropriate, the final test results by or to the appropriate deterioration factor derived from the certification process for the engine or evaporative/refueling family and model year to which the selected configuration belongs, and then by multiplying by the appropriate reactivity adjustment factor, if applicable, and rounding to the same number of decimal places contained in the applicable emission standard. Rounding is done in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications. This procedure has been incorporated by reference (see § 86.1). For the purpose of this paragraph (c), if a multiplicative deterioration factor as computed during the certification process is less than one, that deterioration factor is one. If an additive deterioration factor as computed during the certification process is less than zero, that deterioration factor will be zero.

(2) Exceptions. There are no deterioration factors for light-duty vehicle emissions obtained during testing in accordance with subpart O of this part or with § 86.146-96. Accordingly, for the CST and the fuel dispensing spitback test the term “final deteriorated test results” means the final test results derived in paragraph (b) of this section for each test vehicle, rounded to the same number of decimal places contained in the applicable emission standard. Rounding is done in accordance with ASTM E 29-67, (reapproved 1980) (as referenced in § 86.094-28 (a)(4)(i)(B)(2)(ii).

(d) Within five working days after completion of testing of all vehicles pursuant to a test order, the manufacturer shall submit to the Administrator a report which includes the following information:

(1) The location and description of the manufacturer's emission test facilities which were utilized to conduct testing reported pursuant to this section.

(2) The applicable standards against which the vehicles were tested.

(3) Deterioration factors for the selected configuration.

(4) A description of the vehicle selection method used.

(5) For each test conducted.

(i) Test vehicle description including:

(A) Configuration, engine family, and refueling family identification.

(B) Year, make, build date, and model of vehicle.

(C) Vehicle Identification Number.

(D) Miles accumulated on vehicle.

(ii) Location where mileage accumulation was conducted and description of accumulation schedule.

(iii) Test number, date initial test results, final results and final deteriorated test results for all valid and invalid exhaust emission tests, and the reason for invalidation.

(iv) A complete description of any modification, repair, preparation, maintenance and/or testing which was performed on the test vehicle and:

(A) Has not been reported pursuant to any other paragraph of this subpart; and

(B) Will not be performed on all other production vehicles.

(v) Carbon dioxide emission values for all valid and invalid exhaust emission tests.

(vi) Where a vehicle was deleted from the test sequence by authorization of the Administrator, the reason for the deletion.

(vii) Any other information the Administrator may request relevant to the determination as to whether the new motor vehicles being manufactured by the manufacturer do in fact conform with the regulations with respect to which the certificate of conformity was issued.

(6) The following statement and endorsement:

(a) The prescribed acceptable quality level is 40 percent.

(b) A failed vehicle is one whose final deteriorated test results pursuant to § 86.609-98(c) exceed at least one of the applicable emission standards associated with the test procedures pursuant to § 86.608-98(a).

(c)(1) Pass/fail criteria. The manufacturer shall test vehicles comprising the test sample until a pass decision is reached for all of the pollutants associated with all of the test procedures pursuant to § 86.608-98(a) or a fail decision is reached for one of these pollutants. A pass decision is reached when the cumulative number of failed vehicles, as defined in paragraph (b) of this section, for each pollutant is less than or equal to the fail decision number appropriate to the cumulative number of vehicles tested. A fail decision is reached when the cumulative number of failed vehicles for one pollutant is greater than or equal to the fail decision number appropriate to the cumulative number of vehicles tested. The pass and fail decision numbers associated with the cumulative number of vehicles tested are determined by use of the tables in appendix XI of this part appropriate for the annual projected sales as made by the manufacturer in its report submitted under § 600.207-80(a)(2) of this chapter (Automobile Fuel Economy Regulations). In the tables in appendix XI of this part, sampling plan “stage” refers to the cumulative number of vehicles tested. Once a pass decision has been made for a particular pollutant associated with a particular test procedure pursuant to § 86.608-98(a), the number of vehicles whose final deteriorated test results exceed the emission standard for that pollutant may not be considered any further for purposes of the audit.

(2) CST criteria only. For CST testing pursuant to subpart O, a pass or fail decision is determined according to the pass/fail criteria described in paragraph (c)(1) of this section, except that for each vehicle, the CST in its entirety is considered one pollutant.

(d) Passing or failing of an SEA audit occurs when the decision is made on the last vehicle required to make a decision under paragraph (c) of this section.

(e) The Administrator may terminate testing earlier than required in paragraph (c) of this section.

(a) The certificate of conformity is immediately suspended with respect to any vehicle failing pursuant to § 86.610(b) effective from the time that testing of that vehicle is completed.

(b)(1) Selective enforcement audits. The Administrator may suspend the certificate of conformity for a configuration that does not pass a selective enforcement audit pursuant to § 86.610-98(c) based on the first test, or all tests, conducted on each vehicle. This suspension will not occur before ten days after failure to pass the audit.

(2) California assembly-line quality audit testing. The Administrator may suspend the certificate of conformity for a 50-state family or configuration tested in accordance with procedures prescribed under § 86.608 that the Executive Officer has determined to be in non-compliance with one or more applicable pollutants based on the requirements specified in Chapter 1 or Chapter 2 of the California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996), if the results of vehicle testing conducted by the manufacturer do not meet the acceptable quality level criteria pursuant to § 86.610. The California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996) are incorporated by reference (see § 86.1). A vehicle that is tested by the manufacturer pursuant to California Assembly-Line Quality Audit Test Procedures, in accordance with procedures prescribed under § 86.608, and determined to be a failing vehicle will be treated as a failed vehicle described in § 86.610(b), unless the manufacturer can show that the vehicle would not be considered a failed vehicle using the test procedures specified in § 86.608. This suspension will not occur before ten days after the manufacturer receives written notification that the Administrator has determined the 50-state family or configuration exceeds one or more applicable federal standards.

(c)(1) Selective enforcement audits. If the results of vehicle testing pursuant to the requirements of this subpart indicates the vehicles of a particular configuration produced at more than one plant do not conform to the regulations with respect to which the certificate of conformity was issued, the Administrator may suspend the certificate of conformity with respect to that configuration for vehicles manufactured by the manufacturer in other plants of the manufacturer.

(2) California Assembly-Line Quality Audit Testing. If the Administrator determines that the results of vehicle testing pursuant to the requirements specified in Chapter 1 or Chapter 2 of the California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996) and the procedures prescribed in § 86.608 indicate the vehicles of a particular 50-state engine family or configuration produced at more than one plant do not conform to applicable federal regulations with respect to which a certificate of conformity was issued, the Administrator may suspend, pursuant to paragraph (b)(2) of this section, the certificate of conformity with respect to that engine family or configuration for vehicles manufactured in other plants of the manufacturer. The California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996) are incorporated by reference (see § 86.1).

(d) The Administrator will notify the manufacturer in writing of any suspension or revocation of a certificate of conformity in whole or in part: Except, that the certificate of conformity is immediately suspended with respect to any vehicle failing pursuant to § 86.610(b) and as provided for in paragraph (a) of this section.

(e)(1) Selective Enforcement Audits. The Administrator may revoke a certificate of conformity for a configuration when the certificate has been suspended pursuant to paragraph (b)(1) or (c)(1) of this section if the proposed remedy for the nonconformity, as reported by the manufacturer to the Administrator, is one requiring a design change(s) to the engine and/or emission control system as described in the Application for Certification of the affected configuration.

(2) California Assembly-Line Quality Audit Testing. The Administrator may revoke a certificate of conformity for an engine family or configuration when the certificate has been suspended pursuant to paragraph (b)(2) or (c)(2) of this section if the proposed remedy for the nonconformity, as reported by the manufacturer to the Executive Officer and/or the Administrator, is one requiring a design change(s) to the engine and/or emission control system as described in the Application for Certification of the affected engine family or configuration.

(f) Once a certificate has been suspended for a failed vehicle as provided for in paragraph (a) of this section, the manufacturer must take the following actions:

(1) Before the certificate is reinstated for that failed vehicle—

(i) Remedy the nonconformity; and

(ii) Demonstrate that the vehicle's final deteriorated test results conform to the applicable emission standards or family particulate emission limits, as defined in this part 86 by retesting the vehicle in accordance with the requirements of this subpart.

(2) Submit a written report to the Administrator within thirty days after successful completion of testing on the failed vehicle, which contains a description of the remedy and test results for the vehicle in addition to other information that may be required by this subpart.

(g) Once a certificate has been suspended pursuant to paragraph (b) or (c) of this section, the manufacturer must take the following actions before the Administrator will consider reinstating such certificate:

(1) Submit a written report to the Administrator which identifies the reason for the noncompliance of the vehicles, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the manufacturer to prevent the future occurrence of the problem, and states the date on which the remedies will be implemented.

(2) Demonstrate that the engine family or configuration for which the certificate of conformity has been suspended does in fact comply with the requirements of this subpart by testing vehicles selected from normal production runs of that engine family or configuration at the plant(s) or the facilities specified by the Administrator, in accordance with:

(i) The conditions specified in the initial test order pursuant to § 86.603 for a configuration suspended pursuant to paragraph (b)(1) or (c)(1) of this section; or

(ii) The conditions specified in a test order pursuant to § 86.603 for an engine family or configuration suspended pursuant to paragraph (b)(2) or (c)(2) of this section.

(3) If the Administrator has not revoked the certificate pursuant to paragraph (e) of this section and if the manufacturer elects to continue testing individual vehicles after suspension of a certificate, the certificate is reinstated for any vehicle actually determined to have its final deteriorated test results in conformance with the applicable standards through testing in accordance with the applicable test procedures.

(4) In cases where the Administrator has suspended a certificate of conformity for a 50-state engine family or configuration pursuant to paragraph (b)(2) or (c)(2) of this section, manufacturers may request in writing that the Administrator reinstate the certificate of an engine family or configuration when, in lieu of the actions described in paragraphs (g) (1) and (2) of this section, the manufacturer has agreed to comply with Chapter 3 of the California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996), provided an Executive Order is in place for the engine family or configuration. The California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996) are incorporated by reference (see § 86.1).

(h) Once a certificate for a failed engine family or configuration has been revoked under paragraph (e) (1) or (2) of this section and the manufacturer desires to introduce into commerce a modified version of that engine family or configuration, the following actions will be taken before the Administrator may issue a certificate for the new engine family or configuration:

(1) If the Administrator determines that the proposed change(s) in vehicle design may have an effect on emission performance deterioration and/or fuel economy, he/she shall notify the manufacturer within five working days after receipt of the report in paragraph (g)(1) of this section or after receipt of information pursuant to paragraph (g)(4) of this section whether subsequent testing under this subpart will be sufficient to evaluate the proposed change(s) or whether additional testing will be required.

(2) After implementing the change(s) intended to remedy the nonconformity, the manufacturer shall demonstrate:

(i) If the certificate was revoked pursuant to paragraph (e)(1) of this section, that the modified vehicle configuration does in fact conform with the requirements of this subpart by testing vehicles selected from normal production runs of that modified vehicle configuration in accordance with the conditions specified in the initial test order pursuant to § 86.603. The Administrator shall consider this testing to satisfy the testing requirements of § 86.079-32 or § 86.079-33 if the Administrator had so notified the manufacturer. If the subsequent testing results in a pass decision pursuant to the criteria in § 86.610-96(c), the Administrator shall reissue or amend the certificate, if necessary, to include that configuration: Provided, that the manufacturer has satisfied the testing requirements specified in paragraph (h)(1) of this section. If the subsequent audit results in a fail decision pursuant to the criteria in § 86.610(c), the revocation remains in effect. Any design change approvals under this subpart are limited to the modification of the configuration specified by the test order.

(ii) If the certificate was revoked pursuant to paragraph (e)(2) of this section, that the modified engine family or configuration does in fact conform with the requirements of this subpart by testing vehicles selected from normal production runs of that modified engine family or configuration in accordance with the conditions specified in a test order pursuant to § 86.603. The Administrator shall consider this testing to satisfy the testing requirements of § 86.079-32 or § 86.079-33 if the Administrator had so notified the manufacturer. If the subsequent testing results in a pass decision pursuant to § 86.610(c), the Administrator shall reissue or amend the certificate as necessary: Provided, That the manufacturer has satisfied the testing requirements specified in paragraph (h)(1) of this section. If the subsequent testing results in a fail decision pursuant to § 86.610(c), the revocation remains in effect. Any design change approvals under this subpart are limited to the modification of engine family or configuration specified by the test order.

(3) In cases where the Administrator has revoked a certificate of conformity for a 50-state engine family or configuration pursuant to paragraph (e)(2) of this section, manufacturers may request in writing that the Administrator reissue the certificate of an engine family or configuration when, in lieu of the actions described in paragraphs (h) (1) and (2) of this section, the manufacturer has complied with Chapter 3 of the California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996), provided an Executive Order is in place for the engine family or configuration. The California Regulatory Requirements Applicable to the National Low Emission Vehicle Program (October, 1996) are incorporated by reference (see § 86.1).

(i) A manufacturer may at any time subsequent to an initial suspension of a certificate of conformity with respect to a test vehicle pursuant to paragraph (a) of this section, but not later than fifteen (15) days or such other period as may be allowed by the Administrator after notification of the Administrator's decision to suspend or revoke a certificate of conformity in whole or in part pursuant to paragraph (b), (c) or (e) of this section, request that the Administrator grant such manufacturer a hearing as to whether the tests have been properly conducted or any sampling methods have been properly applied.

(j) After the Administrator suspends or revokes a certificate of conformity pursuant to this section or notifies a manufacturer of his intent to suspend, revoke or void a certificate of conformity under § 86.084-30(d), and prior to the commencement of a hearing under § 86.614, if the manufacturer demonstrates to the Administrator's satisfaction that the decision to suspend, revoke or void the certificate was based on erroneous information, the Administrator shall reinstate the certificate.

(k) To permit a manufacturer to avoid storing non-test vehicles when conducting testing of an engine family or configuration subsequent to suspension or revocation of the certificate of conformity for that engine family or configuration pursuant to paragraph (b), (c), or (e) of this section, the manufacturer may request that the Administrator conditionally reinstate the certificate for that engine family or configuration. The Administrator may reinstate the certificate subject to the condition that the manufacturer consents to recall all vehicles of that engine family or configuration produced from the time the certificate is conditionally reinstated if the engine family or configuration fails the subsequent testing and to remedy any nonconformity at no expense to the owner.

(a) Applicability. The procedures prescribed by this section apply whenever a manufacturer requests a hearing under § 86.084-30(d)(6)(i), § 86.084-30(d)(7), or § 86.612(i).

(b) Definitions. The following definitions shall be applicable to this section:

(1) Hearing Clerk shall mean the Hearing Clerk of the Environmental Protection Agency.

(2) Manufacturer refers to a manufacturer contesting a suspension or revocation order directed at the manufacturer.

(3) Party shall include the Agency and the manufacturer.

(4) Presiding Officer shall mean an Administrative Law Judge appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as amended).

(5) Environmental Appeals Board shall mean the Board within the Agency described in section 1.25 of this title. The Administrator delegates to the Environmental Appeals Board authority to issue final decisions in appeals filed under this subpart. Appeals directed by the Administrator, rather than to the Environmental Appeals Board, will not be considered. This delegation of authority to the Environmental Appeals Board does not preclude the Environmental Appeals Board from referring an appeal or a motion filed under this subpart to the Administrator for decision when the Environmental Appeals Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Administrator, all parties shall be so notified and the rules in this part referring to the Environmental Appeals Board shall be interpreted as referring to the Administrator.

(c) Request for public hearing. (1) If the manufacturer disagrees with the Administrator's decision to suspend, revoke, or void a certificate or disputes the basis for an automatic suspension under § 86.612(a), it may request a public hearing as described in this section. Requests for such a hearing shall be filed with the Administrator not later than 15 days after the Administrator's notification of his decision to suspend or revoke unless otherwise specified by the Administrator. Two copies of such request shall simultaneously be served upon the Director of the Manufacturers Operations Division and two copies filed with the Hearing Clerk. Failure of the manufacturer to request a hearing within the time provided shall constitute a waiver of his right to such a hearing. Subsequent to the expiration of the period for requesting a hearing as of right, the Administrator may, in his discretion and for good cause shown, grant the manufacturer a hearing to contest the suspension or revocation.

(2) The request for a public hearing shall contain:

(i) A statement as to which vehicle configurations or engine families are to be the subject of the hearing;

(ii) A concise statement of the issues to be raised by the manufacturer at the hearing for each vehicle configuration or engine family or vehicle for which the manufacturer has requested the hearing: Provided, however, That in the case of a hearing request under paragraph § 86.612(i), the hearing is restricted to the following issues:

(A) Whether tests were conducted in accordance with applicable regulations under this part;

(B) Whether test equipment was properly calibrated and functioning;

(C) Whether sampling procedures specified in appendix XI of this part were followed; and

(D) Whether there exists a basis for distinguishing vehicles produced at plants other than the one from which vehicles were selected which would invalidate the Administrator's decision under § 86.612(c);

(iii) A statement specifying reasons the manufacturer believes he will prevail on the merits on each of the issues so raised; and

(iv) A summary of the evidence which supports the manufacturer's position on each of the issues so raised.

(3) A copy of all requests for public hearings shall be kept on file in the Office of the Hearing Clerk and shall be made available to the public during Agency business hours.

(d) Summary decision. (1) In the case of a hearing requested under § 86.612(i), when it clearly appears from the data and other information contained in the request for a hearing that there is no genuine and substantial question of fact with respect to the issues specified in § 86.614(c)(2)(ii), the Administrator shall enter an order denying the request for a hearing. In addition, if the original decision to suspend or revoke a certificate of conformity was made under § 86.612(d) prior to the decision to deny the request for a hearing, the order denying the request will reaffirm the suspension or revocation.

(2) In the case of a hearing requested under § 86.084-30(d)(6)(i), to challenge a proposed suspension of a certificate of conformity for the reasons specified in § 86.084-30(d)(1) (i) or (ii), when it clearly appears from the data and other information contained in the request for a hearing that there is no genuine and substantial question of fact with respect to the issue of whether the refusal to comply with the provisions of a test order or any other requirement of § 86.603 was caused by conditions and circumstances outside the control of the manufacturer, the Administrator will enter an order denying the request for a hearing, and suspending the certificate of conformity.

(3) Any order issued under paragraph (d) (1) or (2) of this section shall have the force and effect of a final decision of the Administrator, as issued pursuant to paragraph (w)(4) of this section.

(4) If the Administrator determines that a genuine and substantial question of fact does exist with respect to any of the issues referred to in paragraphs (d)(1) and (2) of this section, he shall grant the request for a hearing and publish a notice of public hearing in accordance with paragraph (h) of this section.

(e) Filing and service. (1) An original and two copies of all documents or papers required or permitted to be filed pursuant to this section shall be filed with the Hearing Clerk. Filing shall be deemed timely if mailed, as determined by the postmark, to the Hearing Clerk within the time allowed by this section. If filing is to be accomplished by mailing, the documents shall be sent to the address set forth in the notice of public hearing as described in paragraph (h) of this section.

(2) To the maximum extent possible, testimony shall be presented in written form. Copies of written testimony shall be served upon all parties as soon as practicable prior to the start of the hearing. A certificate of service shall be provided on or accompany each document or paper filed with the Hearing Clerk. Documents to be served upon the Director of the Manufacturers Operations Division shall be sent by registered mail to: Director, Manufacturers Operations Division, U.S. Environmental Protection Agency (EN-340), 1200 Pennsylvania Ave., NW., WSM, Washington, DC 20460. Service by registered mail is complete upon mailing.

(f) Time. (1) In computing any period of time prescribed or allowed by this section, except as otherwise provided, the day of the act or event from which the designated period of time begins to run shall not be included. Saturdays, Sundays, and Federal legal holidays shall be included in computing any such period allowed for the filing of any document or paper, except that when such period expires on a Saturday, Sunday, or Federal legal holiday, such period shall be extended to include the next following business day.

(2) A prescribed period of time within which a party is required or permitted to do an act shall be computed from the time of service, except that when service is accomplished by mail, three days shall be added to the prescribed period.

(g) Consolidation. The Administrator or the Presiding Officer in his discretion may consolidate two or more proceedings to be held under this section for the purpose of resolving one or more issues whenever it appears that such consolidation will expedite or simplify consideration of such issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if consolidation had not occurred.

(h) Notice of public hearings. (1) Notice of a public hearing under this section shall be given by publication in the Federal Register and by such other means as the Administrator finds appropriate to provide notice to the public. To the extent possible hearings under this section shall be scheduled to commence within 14 days of receipt of the application in paragraph (c) of this section.

(i) Amicus curiae. Persons not parties to the proceeding wishing to file briefs may do so by leave of the Presiding Officer granted on motion. A motion for leave shall identify the interest of the applicant and shall state the reasons why the proposed amicus brief is desirable.

(j) Presiding Officer. The Presiding Officer shall have the duty to conduct a fair and impartial hearing in accordance with 5 U.S.C. sections 554, 556 and 557 and to take all necessary action to avoid delay in the disposition of the proceedings and to maintain order. He shall have all power consistent with Agency rule and with the Administrative Procedure Act necessary to this end, including the following:

(1) To administer oaths and affirmations;

(2) To rule upon offers of proof and exclude irrelevant or repetitious material;

(3) To regulate the course of the hearings and the conduct of the parties and their counsel therein;

(4) To hold conferences for simplification of the issues or any other proper purpose;

(5) To consider and rule upon all procedural and other motions appropriate in such proceedings;

(6) To require the submission of direct testimony in written form with or without affidavit whenever, in the opinion of the Presiding Officer, oral testimony is not necessary for full and true disclosure of the facts;

(7) To enforce agreements and orders requiring access as authorized by law;

(8) To require the filing of briefs on any matter on which he is required to rule;

(9) To require any party or any witness, during the course of the hearing, to state his position on any issue;

(10) To take or cause depositions to be taken whenever the ends of justice would be served thereby;

(11) To make decisions or recommend decisions to resolve the disputed issues on the record of the hearing;

(12) To issue, upon good cause shown, protective orders as described in paragraph (n) of this section.

(k) Conferences. (1) At the discretion of the Presiding Officer, conferences may be held prior to or during any hearing. The Presiding Officer shall direct the Hearing Clerk to notify all parties of the time and location of any such conference. At the discretion of the Presiding Officer, persons other than parties may attend. At a conference the Presiding Officer may:

(i) Obtain stipulations and admissions, receive requests and order depositions to be taken, identify disputed issues of fact and law, and require or allow the submission of written testimony from any witness or party;

(ii) Set a hearing schedule for as many of the following as are deemed necessary by the Presiding Officer:

(A) Oral and written statements;

(B) Submission of written direct testimony as required or authorized by the Presiding Officer;

(C) Oral direct and cross-examination of a witness where necessary as prescribed in paragraph (p) of this section: and

(D) Oral argument, if appropriate.

(iii) Identify matters of which official notice may be taken;

(iv) Consider limitation of the number of expert and other witnesses;

(v) Consider the procedure to be followed at the hearing; and

(vi) Consider any other matter that may expedite the hearing or aid in the disposition of the issue.

(2) The results of any conference including all stipulations shall, if not transcribed, be summarized in writing by the Presiding Officer and made part of the record.

(l) Primary discovery (exchange of witness lists and documents). (1) At a prehearing conference or within some reasonable time set by the Presiding Officer prior to the hearing, each party shall make available to the other parties the names of the expert and other witnesses the party expects to call, together with a brief summary of their expected testimony and a list of all documents and exhibits which the party expects to introduce into evidence. Thereafter, witnesses, documents, or exhibits may be added and summaries of expected testimony amended upon motion by a party.

(2) The Presiding Officer, may, upon motion by a party or other person, and for good cause shown, by order (i) restrict or defer disclosure by a party of the name of a witness or a narrative summary of the expected testimony of a witness, and (ii) prescribe other appropriate measures to protect a witness. Any party affected by any such action shall have an adequate opportunity, once he learns the name of a witness and obtains the narrative summary of his expected testimony, to prepare for the presentation of his case.

(m) Other discovery. (1) Except as so provided by paragraph (l) of this section, further discovery, under this paragraph, shall be permitted only upon determination by the Presiding Officer:

(i) That such discovery will not in any way unreasonably delay the proceeding;

(ii) That the information to be obtained is not obtainable voluntarily; and

(iii) That such information has significant probative value. The Presiding Officer shall be guided by the procedures set forth in the Federal Rules of Civil Procedure, where practicable, and the precedents thereunder, except that no discovery shall be undertaken except upon order of the Presiding Officer or upon agreement of the parties.

(2) The Presiding Officer shall order depositions upon oral questions only upon a showing of good cause and upon a finding that:

(i) The information sought cannot be obtained by alternative methods; or

(ii) There is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing.

(3) Any party to the proceeding desiring an order of discovery shall make a motion or motions therefor. Such a motion shall set forth:

(i) The circumstances warranting the taking of the discovery;

(ii) The nature of the information expected to be discovered; and

(iii) The proposed time and place where it will be taken.

(4) Failure to comply with an order issued pursuant to this paragraph may lead to the inference that the information to be discovered would be adverse to the person or party from whom the information was sought.

(n) Protective orders, in camera proceedings. (1) Upon motion by a party or by the person from whom discovery is sought, and upon a showing by the movant that the disclosure of the information to be discovered, or a particular part thereof, (other than emission data) would result in methods or processes entitled to protection as trade secrets of such person being divulged, the Presiding Officer may enter a protective order with respect to such material. Any protective order shall contain such terms governing the treatment of the information as may be appropriate under the circumstances to prevent disclosure outside the hearing: Provided, That the order shall state that the material shall be filed separately from other evidence and exhibits in the hearing. Disclosure shall be limited to parties to the hearing, their counsel and relevant technical consultants, and authorized representatives of the United States concerned with carrying out the Act. Except in the case of the government, disclosure may be limited to counsel for parties who shall not disclose such information to the parties themselves. Except in the case of the government, disclosure to a party or his counsel shall be conditioned on execution of a sworn statement that no disclosure of the information will be made to persons not entitled to receive it under the terms of the protective order. (No such provision is necessary where government employees are concerned because disclosure by them is subject to the terms of 18 U.S.C. 1905.)

(2)(i) A party or person seeking a protective order may be permitted to make all or part of the required showing in camera. A record shall be made of such in camera proceedings. If the Presiding Officer enters a protective order following a showing in camera, the record of such showing shall be sealed and preserved and made available to the agency or court in the event of appeal.

(ii) Attendance at any in camera proceeding may be limited to the Presiding Officer, the agency, and the person or party seeking the protective order.

(3) Any party, subject to the terms and conditions of any protective order issued pursuant to paragraph (n)(1) of this section, desiring for the presentation of his case to make use of any in camera documents or testimony shall make application to the Presiding Officer by motion setting forth the justification therefor. The Presiding Officer, in granting any such motion, shall enter an order protecting the rights of the affected persons and parties and preventing unnecessary disclosure of such information, including the presentation of such information and oral testimony and cross-examination concerning it in executive session, as in his discretion is necessary and practicable.

(4) In the submittal of proposed findings, briefs, or other papers, counsel for all parties shall make a good faith attempt to refrain from disclosing the specific details of in camera documents and testimony. This shall not preclude references in such proposed findings, briefs, or other papers to such documents or testimony including generalized statements based on their contents. To the extent that counsel considers it necessary to include specific details in their presentations, such data shall be incorporated in separate proposed findings, briefs, or other papers marked “confidential,” which shall become part of the in camera record.

(o) Motions. (1) All motions, except those made orally during the course of the hearing, shall be in writing and shall state with particularity the grounds therefore, shall set forth the relief or order sought, and shall be filed with the Hearing Clerk and served upon all parties.

(2) Within such time as may be fixed by the Environmental Appeals Board or the Presiding Officer, as appropriate, any party may serve and file an answer to the motion. The movant shall, if requested by the Environmental Appeals Board or the Presiding Officer, as appropriate, serve and file reply papers within the time set by the request.

(3) The Presiding Officer shall rule upon all motions filed or made prior to the filing of his decision or accelerated decision, as appropriate. The Environmental Appeals Board shall rule upon all motions filed prior to the appointment of a Presiding Officer and all motions filed after the filing of the decision of the Presiding Officer or accelerated decision. Oral argument of motions will be permitted only if the Presiding Officer or the Environmental Appeals Board, as appropriate, deems it necessary.

(p) Evidence. (1) The official transcripts and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record. Immaterial or irrelevant parts of an admissible document shall be segregated and excluded so far as practicable. Documents or parts thereof subject to a protective order under paragraph (n) of this section shall be segregated. Evidence may be received at the hearing even though inadmissible under the rules of evidence applicable to judicial proceedings. The weight to be given evidence shall be determined by its reliability and probative value.

(2) The Presiding Officer shall allow the parties to examine and cross-examine a witness to the extent that such examination and cross-examination is necessary for a full and true disclosure of the facts.

(3) Rulings of the Presiding Officer on the admissibility of evidence, the propriety of examination and cross-examination and other procedural matters shall appear in the record.

(4) Parties shall automatically be presumed to have taken exception to an adverse ruling.

(q) Record. (1) Hearings shall be stenographically reported and transcribed and the original transcripts shall be part of the record and the sole official transcript. Copies of the record shall be filed with the Hearing Clerk and made available during Agency business hours for public inspection. Any person desiring a copy of the record of the hearing or any part thereof, except as provided in paragraph (n) of this section, shall be entitled to the same upon payment of the cost thereof.

(2) The official transcripts and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record.

(r) Proposed findings, conclusions. (1) Within 4 days of the close of the reception of evidence, or within such longer time as may be fixed by the Presiding Officer, any party may submit for the consideration of the Presiding Officer proposed findings of fact, conclusions of law, and a proposed order, together with reasons therefor and briefs in support thereof. Such proposals shall be in writing, shall be served upon all parties, and shall contain adequate references to the record and authorities relied upon.

(2) The record shall show the Presiding Officer's ruling on the proposed findings and conclusions except when his order disposing of the proceeding otherwise informs the parties of the action taken by him thereon.

(s) Decision of the Presiding Officer. (1) Unless extended by the Environmental Appeals Board, the Presiding Officer shall issue and file with the Hearing Clerk his decision within 14 days (or within 7 days in the case of a hearing requested under § 86.612(i)) after the period for filing proposed findings as provided for in paragraph (r) of this section has expired.

(2) The Presiding Officer's decision shall become the decision of the Environmental Appeals Board (i) when no notice of intention to appeal as described in paragraphs (t) and (u) of this section is filed, 10 days after issuance thereof, unless in the interim the Environmental Appeals Board shall have taken action to review or stay the effective date of the decision; or (ii), when a notice of intention to appeal is filed but the appeal is not perfected as required by paragraphs (t) or (u) of this section, 5 days after the period allowed for perfection of an appeal has expired unless within that 5 day period, the Environmental Appeals Board shall have taken action to review or stay the effective date of the decision.

(3) The Presiding Officer's decision shall include a statement of findings and conclusions, as well as the reasons or basis therefore, upon all the material issues of fact or law presented on the record and an appropriate rule or order. Such decision shall be supported by substantial evidence and based upon a consideration of the whole record.

(4) At any time prior to the issuance of his decision, the Presiding Officer may reopen the proceeding for the reception of further evidence. Except for the correction of clerical errors, the jurisdication of the Presiding Officer is terminated upon the issuance of his decision.

(t) Appeal from the decision of the Presiding Officer. (1) Any party to a proceeding may appeal the Presiding Officer's decision to the Environmental Appeals Board, Provided, That within 10 days after issuance of the Presiding Officer's decision such party files a notice of intention to appeal and an appeal brief within 20 days of such decision.

(2) When an appeal is taken from the decision of the Presiding Officer, any party may file a brief with respect to such appeal. The brief shall be filed within 15 days of the date of the filing of the appellant's brief.

(3) Any brief filed pursuant to this paragraph shall contain in the order indicated, the following:

(i) A subject index of the matter in the brief, with page references, and a table of cases (alphabetically arranged) textbooks, statutes, and other material cited, with page references thereto;

(ii) A specification of the issues intended to be urged: Provided, however, That in the case of a hearing requested under § 86.612(i), the brief shall be restricted to the issues specified in paragraph (c)(2)(ii) of this section;

(iii) The argument presenting clearly the points of fact and law relied upon in support of the position taken on each issue, with specific page references to the record and the legal or other material relied upon; and

(iv) A proposed order for the Environmental Appeals Board's consideration if different from the order contained in the Presiding Officer's decision.

(4) No brief in excess of 40 pages shall be filed without leave of the Environmental Appeals Board.

(5) Oral argument shall be allowed only in the discretion of the Environmental Appeals Board.

(u) Summary appeal. (1) In the case of a hearing requested under § 86.612(i), any appeal taken from the decision of the Presiding Officer shall be conducted under this paragraph.

(2) Any party to the proceeding may appeal the Presiding Officer's decision to the Environmental Appeals Board by filing a notice of appeal within 10 days.

(3) The notice appeal shall be in the form of a brief, and shall conform to the requirements of paragraph (t)(3) of this section.

(4) Within 10 days after a notice of appeal from the decision of the Presiding Officer is filed under this paragraph, any party may file a brief with respect to such appeal.

(5) No brief in excess of 15 pages shall be filed without leave of the Environmental Appeals Board.

(v) Review of the Presiding Officer's decision in absence of appeal. (1) If after the expiration of the period for taking an appeal as provided for by paragraph (t) or (u) of this section no notice of intention to appeal the decision of the Presiding Officer has been filed, or if filed, not perfected, the Hearing Clerk shall so notify the Environmental Appeals Board.

(2) The Environmental Appeals Board, upon receipt of notice from the Hearing Clerk that no notice of intention to appeal the decision of the Presiding Officer has been filed, or if filed, not perfected pursuant to paragraph (t) or (u) of this section, may, on its own motion, within the time limits specified in paragraph (s)(2) of this section, review the decision of the Presiding Officer. Notice of the intention of the Environmental Appeals Board to review the decision of the Presiding Officer shall be given to all parties and shall set forth the scope of such review and the issues which shall be considered and shall make provision for filing of briefs.

(w) Decision of appeal or review. (1) Upon appeal from or review of the Presiding Officer's decision, the Environmental Appeals Board shall consider such parts of the record as are cited or as may be necessary to resolve the issues presented and in addition shall, to the extent necessary or desirable, exercise all the powers which it could have exercised if it had presided at the hearing.

(2) In rendering its decision, the Environmental Appeals Board shall adopt, modify or set aside the findings, conclusions, and order contained in the decision of the Presiding Officer and shall set forth in its decision a statement of the reasons or bases for its action.

(3) In those cases where the Environmental Appeals Board determines that it should further information or additional views of the parties as to the form and content of the rule or order to be issued, the Environmental Appeals Board, in its discretion, may withhold final action pending the receipt of such additional information or views, or may remand the case to the Presiding Officer.

(4) Any decision rendered under this paragraph which completes disposition of a case shall be a final decision of the Environmental Appeals Board.

(x) Reconsideration. Within twenty (20) days after issuance of the Environmental Appeals Board's decision, any party may file with the Environmental Appeals Board a petition for reconsideration of such decision, setting forth the relief desired and the grounds in support thereof. Any petition filed under this subsection must be confined to new questions raised by the decision or final order and upon which the petitioner had no opportunity to argue before the Presiding Officer or the Environmental Appeals Board; Provided, however, That in the case of a hearing requested under § 86.612(i) such new questions shall be limited to the issues specified in paragraph (c)(2)(ii) of this section. Any party desiring to oppose such a petition shall file an answer thereto within ten (10) days after the filing of the petition. The filing of a petition for reconsideration shall not operate to stay the effective date of the decision or order or to toll the running of any statutory time period affecting such decision or order unless specifically so ordered by the Environmental Appeals Board.

(y) Accelerated decision, dismissal. (1) The Presiding Officer, upon motion of any party or sua sponte, may at any time render an accelerated decision in favor of the Agency or the manufacturer as to all or any part of the proceeding, without further hearing or upon such limited additional evidence such as affidavits as he may require, or dismiss any party with prejudice, for any of the following reasons:

(i) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel;

(ii) The lack of any genuine issue of material fact, causing a party to be entitled to judgment as a matter of law; or

(iii) Such other and further reasons as are just, including specifically failure to obey a procedural order of the Presiding Officer.

(2) If under this paragraph an accelerated decision is issued as to all the issues and claims joined in the proceeding, the decision shall be treated for the purposes of these procedures as the decision of the Presiding Officer as provided in paragraph (s) of this section.

(3) If under this paragraph, judgment is rendered on less than all issues or claims in the proceeding, the Presiding Officer shall determine what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. He shall thereupon issue an order specifying the facts which appear without substantial controversy, and the issues and claims upon which the hearing will proceed.

(z) Conclusion of hearing. (1) If, after the expiration of the period for taking an appeal as provided for by paragraph (t) and (u) of this section, no appeal has been taken from the Presiding Officer's decision, and after the expiration of the period for review by the Environmental Appeals Board on its own motion as provided for by paragraph (v) of this section, the Environmental Appeals Board does not move to review such decision, the hearing will be deemed to have ended at the expiration of all periods allowed for such appeal and review.

(2) If an appeal of the Presiding Officer's decision is taken pursuant to paragraphs (t) and (u) of this section, or if, in the absence of such appeal, the Environmental Appeals Board moves to review the decision of the Presiding Officer pursuant to paragraph (v) of this section, the hearing will be deemed to have ended upon rendering of a final decision by the Environmental Appeals Board.

(aa) Judicial review. (1) The Administrator hereby designates the General Counsel, Environmental Protection Agency as the officer upon whom copy of any petition for judicial review shall be served. Such officer shall be responsible for filing in the court the record on which the order of the Environmental Appeals Board is based.

(2) Before forwarding the record to the court, the Agency shall advise the petitioner of costs of preparing it and as soon as payment to cover fees is made, shall forward the record to the court.

(a) Any manufacturer may assert that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment as provided by 40 CFR part 2, subpart B.

(b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA.

(c) To assert that information submitted pursuant to this subpart is confidential, a manufacturer must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of its submittal from which all confidential information has been deleted. If a need arises to publicly release nonconfidential information, EPA will assume that the submitter has accurately deleted the confidential information from this second copy.

(d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Environmental Appeals Board only to the extent and by means of the procedures set forth in part 2, subpart B, of this chapter.

(e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter, in accordance with 40 CFR 2.204(c)(2)(i)(A).

(a) The provisions of this subpart apply to: 1994 through 2003 model year Otto-cycle and diesel light-duty vehicles; 1994 through 2003 model year Otto-cycle and diesel light-duty trucks; and 1994 and later model year Otto-cycle and diesel heavy-duty engines; and 2001 and later model year Otto-cycle heavy-duty vehicles and engines certified under the provisions of subpart S of this part. The provisions of subpart B of this part apply to this subpart. The provisions of § 86.1811-04(a)(5) and (p) apply to 2004 and later model year light-duty vehicles, light-duty trucks, and medium duty passenger vehicles.

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

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

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

Section 86.104 of subpart B applies to this subpart.

Section 86.708-94 includes text that specifies requirements that differ from § 86.090-8 of subpart A of this part. Where a paragraph in § 86.090-8 is identical and applicable to § 86.708-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.090-8.” Where a corresponding paragraph of § 86.090-8 is not applicable, this is indicated by the statement “[Reserved].”

(a)(1) Standards. (i) In-use exhaust emissions from 1994 and later model year light-duty vehicles shall meet all standards in tables H94-3 and H94-4 in the rows designated with the applicable fuel type, according to the implementation schedules in tables H94-1 and H94-2, and shall meet all standards in tables H94-6 and H94-7 in the rows designated with the applicable fuel type, according to the implementation schedules in table H94-5, as follows:

(A)(1)(i) For model years 1994 and 1995, a minimum of the percentage shown in table H94-1 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1I standards in table H94-3. The remaining vehicles, if any, shall not exceed the applicable Tier 0 standards in table H94-3.

(ii) For model years 1996 and beyond, a minimum of the percentages shown in table H94-2 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1 standards in tables H94-3 and H94-4. The remaining vehicles, if any, shall not exceed the applicable Tier 1I standards in table H94-3.

(2) Particulates. For in-use exhaust emissions for model years 1994 and later, a minimum of the percentage shown in table H94-5 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1 standards in tables H94-6 and H94-7. The remaining vehicles, if any, shall not exceed the applicable Tier 0 standards in table H94-6.

(3) Optionally, compliance with the Tier 1I and Tier 1 implementation schedules of this section may be based on the combined sales of light-duty vehicles and light light-duty trucks, if such option was taken for certification as allowed in §§ 86.094-8 and 86.094-9 of subpart A of this part. Vehicles meeting Tier 1I in-use standards shall only be combined for this purpose with other vehicles meeting Tier 1I standards, and those meeting Tier 1 standards shall only be combined with those meeting the Tier 1 standards.

Section 86.708-98 includes text that specifies requirements that differ from § 86.090-8 of subpart A of this part. Where a paragraph in § 86.090-8 is identical and applicable to § 86.708-98, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.090-8.” Where a corresponding paragraph of § 86.090-8 is not applicable, this is indicated by the statement “[Reserved].”

(a)(1)(i) In-use exhaust emissions from 1998 and later model year light-duty vehicles shall meet all standards in tables H98-1 and H98-2 in the rows designated with the applicable fuel type.

Section 86.709-94 includes text that specifies requirements that differ from § 86.091-9 of subpart A of this part. Where a paragraph in § 86.091-9 is identical and applicable to § 86.709-94, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-9.” Where a corresponding paragraph of § 86.091-9 is not applicable, this is indicated by the statement “[Reserved].”

(a)(1) Standards—(i) Light light-duty trucks. In-use exhaust emissions from 1994 and later model year light light-duty trucks shall meet all standards in tables H94-9 and H94-10 in the rows designated with the applicable fuel type and loaded vehicle weight, according to the implementation schedule in table H94-8, and shall meet all standards in tables H94-12 and H94-13 in the rows designated with the applicable fuel type and loaded vehicle weight, according to the implementation schedules in table H94-11, as follows:

(A)(1)(i) For model year 1994 and 1995, a minimum of the respective percentages shown in the Tier 1I column of table H94-8 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1I standards in tables H94-9 and H94-10. The remaining vehicles, if any, shall not exceed the applicable Tier 0 standards in tables H94-9 and H94-10.

(ii) For model years 1996 and 1997, a minimum of the percentages shown in the Tier 1 percentage column of table H94-8 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1 standards in table H94-9 and H94-10, and the remaining vehicles, if any, shall not exceed the applicable Tier 1I standards in tables H94-9 and H94-10.

(iii) For model year 1998 and beyond, a minimum of the percentage shown in the Tier 1 percentage column of table H94-8 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1 standards in tables H94-9 and H94-10.

(2) Particulates. For in-use exhaust emissions for 1994 and later, a minimum of the percentage shown in table H94-11 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1 standards in tables H94-12 and H94-13. The remaining light light-duty trucks, if any, shall not exceed the applicable Tier 0 standards in tables H94-12 and H94-13.

(3) Optionally, compliance with the Tier 1I and Tier 1 implementation schedules of this section may be based on the combined sales of light-duty vehicles and light light-duty trucks, if such option was taken for certification as allowed in § 86.094-8 and § 86.094-9 of subpart A of this part. Vehicles meeting Tier 1I in-use standards shall only be combined for this purpose with other vehicles meeting Tier 1I standards, and those meeting Tier 1 standards shall only be combined with those meeting the Tier 1 standards.

Section 86.709-99 includes text that specifies requirements that differ from § 86.091-9 of subpart A of this part. Where a paragraph in § 86.091-9 is identical and applicable to § 86.709-99, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-9.” Where a corresponding paragraph of § 86.091-9 is not applicable, this is indicated by the statement “[Reserved].”

(a)(1)(i)(A) Light light-duty trucks. In-use exhaust emissions from 1999 and later model year light light-duty trucks shall meet all standards in tables H99-1 and H99-2 in the rows designated with the applicable fuel type and loaded vehicle weight.

(B)(1) Vehicles subject to the standards of paragraph (a)(1)(i)(A) of this section shall be all actual U.S. sales of light light-duty trucks of the applicable model year by a manufacturer.

(2) A manufacturer can not use one set of engine families to meet its in-use intermediate useful life standards and another to meet its in-use full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.

(ii)(A) Heavy light-duty trucks. In-use exhaust emissions from 1999 and later model year heavy light-duty trucks shall meet all standards in tables H99-3 and H99-4 in the rows designated with the applicable fuel type and adjusted loaded vehicle weight.

(B)(1) Vehicles subject to the standards of paragraph (a)(1)(ii)(A) of this section shall be all actual U.S. sales of heavy light-duty trucks of the applicable model year by a manufacturer.

(2) A manufacturer can not use one set of engine families to meet its in-use intermediate useful life standards and another to meet its in-use full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.

(iii) Exhaust emissions of carbon monoxide from 1999 and later model year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow at curb idle at a useful life of 11 years or 120,000 miles, whichever first occurs (for Otto-cycle and methanol-fueled diesel-cycle light-duty trucks only)

(iv) CST emissions from gasoline-fueled Otto-cycle light-duty trucks measured and calculated in accordance with subpart O of this part may not exceed the standards listed in paragraphs (a)(1)(iv) (A) and (B) of this section.

(A) Hydrocarbons: 220 ppm as hexane.

(B) Carbon monoxide: 1.2 percent.

(2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The test weight basis for light light-duty trucks, for the purposes of determining equivalent test weight as prescribed in § 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 paragraph (a)(1)(iii) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.

(3) The standards set forth in paragraph (a)(1)(iv) of this section refer to the exhaust emitted during the CST as set forth in subpart O of this part and measured and calculated in accordance with those provisions.

(b) The provisions of § 86.097-9(b), (c), and (g) through (k) of subpart A of this part apply to this section.

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

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

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

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

The procedures described in this and subsequent sections will be the test program to determine the conformity of engines with the standards set forth in § 86.084-11(b).

(a) The test consists of a prescribed sequence of engine operating conditions on an engine dynamometer with continuous examination of the exhaust gases. The test is applicable equally to controlled engines equipped with means for preventing, controlling, or eliminating smoke emissions and to uncontrolled engines.

(b) The test is designed to determine the opacity of smoke in exhaust emissions during those engine operating conditions which tend to promote smoke from diesel vehicles.

(c) The test procedure begins with a preconditioned engine which is then run through preloading and preconditioning operations. After an idling period, the engine is operated through acceleration and lugging modes during which smoke emission measurements are made to compare with the standards. The engine is then returned to the idle condition and the acceleration and lugging modes are repeated. Three consecutive sequences of acceleration and lugging constitutes the full set of operating conditions for smoke emission measurement.

(d)(1) Except in cases of component mulfunction or failure, all emission control systems installed on, or incorporated in, a new motor vehicle engine shall be functioning during all procedures in this subpart.

(2) Maintenance to correct component malfunction or failure shall be authorized in accordance with § 86.084-25.

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

(a) The following sequence of operations shall be performed during engine dynamometer testing of smoke emissions, starting with the dynamometer preloading determined and the engine preconditioned (§ 86.884-12(c)).

(1) Idle Mode. The engine is caused to idle for 5.0 to 5.5 minutes at the manufacturer's recommended curb idle speed. The dynamometer controls shall be set to provide the speed and load necessary to comply with the heavy-duty “curb idle” definition per § 86.084-2, in accordance with predominant engine application.

(2) Acceleration mode. (i) The engine speed shall be increased to 200 ±50 rpm above the measured free idle speed measured at the point where the throttle begins to move from part-throttle to the full throttle position. The speed anywhere during this mode should not exceed this checkpoint speed by more than 50 rpm. The duration of this first acceleration shall be three seconds or less measured from the point where the speed first begins to increase above idle to the point where the throttle reaches full open position.

(ii) Immediately upon completion of the mode specified in paragraph (a)(2)(i) of this section, the throttle shall be moved rapidly to, and held in, the fully open position. The inertia of the engine and the dynamometer, or alternately a preselected dynamometer load, shall be used to control the acceleration of the engine so that the speed increases to 85 percent of the rated speed in 5 ±1.5 seconds. This acceleration shall be linear within 100 rpm as specified in § 86.884-13(c).

(iii) After the engine reaches the speed required in paragraph (a)(2)(ii) of this section the throttle shall be moved rapidly to, and held in, the fully closed position. Immediately after the throttle is closed, the preselected load required to perform the acceleration in paragraph (a)(2)(iv) of this section shall be applied. For electric motoring dynamometer operation in speed mode, the deceleration shall be performed in 2±1.5 seconds.

(iv) When the engine decelerates to the intermediate speed (within 50 rpm), the throttle shall be moved rapidly to, and held in, the fully open position. The preselected dynamometer load which was applied during the preceding transition period shall be used to control the acceleration of the engine so that the speed increases to at least 95 percent of the rated speed in 10 ±2 seconds.

(v) For electric dynamometer operation in speed mode, motoring assist may be used to offset excessive dynamometer inertia load when necessary. No negative flywheel torque shall occur during any of the three acceleration modes in paragraph (a)(2) of this section except for a maximum of 10ft-lbs. for the first 0.5 second of the mode.

(3) Lugging mode. (i) Immediately upon the completion of the preceding acceleration mode, the dynamometer controls shall be adjusted to permit the engine to develop maximum horsepower at rated speed. This transition period shall be 50 to 60 seconds in duration. During the last 10 seconds of this period, the average engine speed shall be maintained within 50 rpm of the rated speed, and the average observed power (corrected, if necessary, to rating conditions) shall be no less than 95 percent of the maximum horsepower developed during the preconditioning prior to the smoke cycle.

(ii) With the throttle remaining in the fully open position, the dynamometer controls shall be adjusted gradually so that the engine speed is reduced to the intermediate speed. This lugging operation shall be performed smoothly over a period of 35#5 seconds. The rate of slowing of the engine shall be linear, within 100 rpm, as specified in § 86.884-13(c).

(4) Engine unloading. Within five seconds of completing the preceding lugging mode, the dynamometer and engine controls shall be returned to the idle position described in paragraph (a)(1) of this section. The engine must be at free idle condition within one minute after completion of the lugging mode.

(b) The procedures described in paragraphs (a)(1) through (a)(4) of this section shall be repeated until three consecutive valid cycles have been completed. If three valid cycles have not been completed after a total of six consecutive cycles have been run, the engine shall be preconditioned by operation at maximum horsepower at rated speed for 10 minutes before the test sequence is repeated.

The following equipment shall be used for smoke emission testing of engines on engine dynamometers:

(a) An engine dynamometer with adequate characteristics to perform the test cycle described in § 86.884-7.

(b) An engine cooling system having sufficient capacity to maintain the engine at normal operating temperatures during conduct of the prescribed engine tests.

(c) An exhaust system with an appropriate type of smokemeter placed no more than 32 feet from the exhaust manifold(s), turbocharger outlet(s), exhaust aftertreatment device(s), or crossover junction (on Vee engines), whichever is farthest downstream. The smoke exhaust system shall present an exhaust backpressure within ±0.2 inch Hg of the upper limit at maximum rated horsepower, as established by the engine manufacturer in his sales and service literature for vehicle application. The following options may also be used:

(1) For engines with multiple exhaust outlets, join the exhaust outlets together into a single exhaust system and install the smokemeter 10 to 32 feet downstream from the junction of the individual exhaust outlets, or exhaust aftertreatment device(s), whichever is farthest downstream.

(2) For engines with multiple exhaust outlets, install a smokemeter in each of the exhaust pipes 10 to 32 feet downstream from each exhaust manifold, turbocharger outlet, or exhaust aftertreatment device, whichever is farthest downstream.

(3) For engines with multiple exhaust outlets, install a smokemeter on the exhaust pipe which produces the highest smoke levels 10 to 32 feet downstream from the exhaust manifold, turbocharger outlet, or exhaust aftertreatment device, whichever is farthest downstream. It may be required to make smoke measurements from other exhaust outlets if deemed appropriate by the Administrator.

(4) When utilizing an end-of-line smokemeter, the terminal two feet of the exhaust pipe used for smoke measurement shall be of a circular cross section and be free of elbows and bends. The end of the pipe shall be cut off squarely. The terminal two feet of the exhaust pipe shall have a nominal inside diameter in accordance with the engine being tested, as specified below:

(5) When utilizing an in-line smokemeter, there shall be no change in the exhaust pipe diameter within 3 exhaust pipe diameters before or after the centerline of the smokemeter optics. Within 6 exhaust pipe diameters upstream of the centerline of the smokemeter optics, no change in exhaust pipe diameter may exceed a 12 degree half-angle.

(d) An engine air inlet system presenting an air inlet restriction within one inch of water of the upper limit for the engine operating condition which results in maximum air flow, as established by the engine manufacturer in his sales and service literature, for the engine being tested.

(a) Schematic drawing. The Figure I84-1 is a schematic drawing of the optical system of the light extinction meter.

(b) Equipment. The following equipment shall be used in the system.

(1) Adapter—the smokemeter optical unit may be mounted on a fixed or movable frame. The normal unrestricted shape of the exhaust plume shall not be modified by the adaptor, the meter, or any ventilatory system used to remove the exhaust from the test site.

(2) Smokemeter (light extinction meter)—continuous recording, full-flow light obscuration meter.

(i) It is positioned so that a built-in light beam traverses the exhaust smoke plume at right angles to the axis of the exhaust stream.

(ii) The smokemeter light source shall be an incandescent lamp with a color temperature range of 2800K to 3250K, or a light source with a spectral peak between 550 to 570 nanometers.

(iii) The light output is collimated to a beam with a maximum diameter of 1.125 inches and an included angle of divergence within a 6° included angle.

(iv) The light detector shall be a photocell or photodiode. If the light source is an incandescent lamp, the detector shall have a spectral response similar to the photopic curve of the human eye (a maximum response in the range of 550 to 570 nanometers, to less than 4 percent of that maximum response below 430 nanometers and above 680 nanometers).

(v) A collimating tube with apertures equal to the beam diameter is attached to the detector to restrict the viewing angle of the detector to within a 16° included angle.

(vi) An amplified signal corresponding to the amount of light blocked is recorded continuously on a remote recorder.

(vii) An air curtain across the light source and detector window assemblies may be used to minimize deposition of smoke particles on those surfaces provided that it does not measurably affect the opacity of the plume.

(viii) The smokemeter consists of two units; an optical unit and a remote control unit.

(ix) Light extinction meters employing substantially identical measurement principles and producing substantially equivalent results, but which employ other electronic and optical techniques, may be used only after having been approved in advance by the Administrator.

(3) Recorder—a continuous recorder, with variable chart speed over a minimal range of 0.5 to 8.0 inches per minute (or equivalent) and an automatic marker indicating 1-second intervals continuously records the exhaust gas opacity, engine rpm and throttle position.

(i) The recorder is equipped to indicate only when the throttle is in the fully open or fully closed position.

(ii) The recorder scale for opacity is linear and calibrated to read from 0 to 100 percent opacity full scale.

(iii) The opacity trace has a resolution within one percent opacity.

(iv) The recorder scale for engine rpm is linear and has a resolution of 30 rpm.

(v) The throttle position trace clearly indicates when the throttle is in the fully open and fully closed positions.

(vi) Any means other than a strip-chart recorder may be used provided it produces a permanent visual data record of quality equal to or better than that described above (e.g., tabulated data, traces, or plots).

(4) The recorder used with the smokemeter shall be capable of full-scale deflection in 0.5 second or less. The smokemeter-recorder combination may be damped so that signals with a frequency higher than 10 cycles per second are attenuated. A separate lowpass electronic filter with the following performance characteristics may be installed between the smokemeter and the recorder to achieve the high-frequency attenuation:

(i) Three decibel point—10 cycles per second.

(ii) Insertion loss—zero ±0.5 decibel.

(iii) Selectivity—12 decibels per octave above 10 cycles per second.

(iv) Attenuation—27 decibels down at 40 cycles per second minimum.

(5) In lieu of the use of chart recorders, automatic data collection equipment may be used to record all required data. Automatic data processing equipment may then be used to perform the data analysis specified in § 86.884-13. The automatic data collection equipment must be capable of sampling at least two records per second.

(c) Assembling equipment. (1) The optical unit of the smokemeter shall be mounted radially to the exhaust pipe so that the measurement will be made at right angles to the axis of the exhaust plume. For an end-of-line smokemeter the distance from the optical centerline to the exhaust pipe outlet shall be 1 ±0.25 inch. The full flow of the exhaust stream shall be centered between the source and the detector apertures (or windows and lenses) and on the axis of the light beam.

(2) Power shall be supplied to the control unit of the smokemeter in time to allow at least 15 minutes for stabilization prior to testing.

The following information, as applicable, shall be recorded for each test:

(a) Engine description and specifications. A copy of the information specified in this paragraph must accompany each engine sent to the Administrator for compliance testing. If the engine is submitted to the Administrator for testing under subpart N of this part or 40 CFR part 1065, only the specified information need accompany the engine. The manufacturer need not record the information specified in this paragraph for each test if the information, with the exception of paragraphs (a)(3), (a)(12), and (a)(13) of this section, is included in the manufacturer's part I.

(1) Engine-system combination.

(2) Engine identification numbers.

(3) Number of hours of operation accumulated on engine.

(4) Rated maximum horsepower and torque.

(5) Maximum horsepower and torque speeds.

(6) Engine displacement.

(7) Governed speed.

(8) Idle rpm.

(9) Fuel consumption at maximum power and torque.

(10) Maximum air flow.

(11) Maximum and test air inlet restriction.

(12) Exhaust pipe diameter(s).

(13) Maximum exhaust system backpressure.

(b) Test data; general. This information may be recorded at any time between four hours prior to the test and four hours after the test.

(1) Engine-system combination.

(2) Engine identification numbers.

(3) Instrument operator.

(4) Engine operator.

(5) Number of hours of operation accumulated on the engine prior to beginning the warm-up portion of the test.

(6) Calibration date(s) of neutral density filters used to calibrate the smokemeter.

(c) Test data; pre-test.

(1) Date and time of day.

(2) Test number.

(3) Barometric pressure.

(4) [Reserved]

(5) Intake air humidity and temperature:

(i) Humidity-conditioned air supply. Air that has had its absolute humidity altered is considered humidity-conditioned air. For this type of intake air supply, the humidity measurement must be made within the intake air supply system, and after the humidity conditioning has taken place.

(ii) Non-conditioned air supply. Humidity measurements in non-conditioned intake air supply systems must be made in the intake air stream entering the supply system and within 18 inches of the inlet for supply system. Alternatively, the humidity measurements can be measured within the intake air supply stream.

(iii) Engine intake air temperature measurement must be made within 48 inches of the engine. The measurement location must be made either in the supply system or in the air stream entering the supply system.

(d) Test data; modal. (1) Observed engine torque and speed during the steady-state test conditions specified in § 86.884-7(a)(3)(i).

(2) On the recorder or automatic data collection equipment: Identify zero traces—calibration traces—idle traces (or printout of the zero and calibration values)—closed-throttle trace-open throttle trace—acceleration and lugdown test traces—start and finish of each test.

(a) The temperature of the air supplied to the engine shall be between 68 °F and 86 °F. The engine fuel inlet temperature shall be 100 °F ±10 °F and shall be measured at a point specified by the manufacturer. The observed barometric pressure shall be between 28.5 inches and 31 inches Hg. Higher air temperature or lower barometric pressure may be used, if desired, but no allowance will be made for possible increased smoke emissions because of such conditions.

(b) The governor and fuel system shall have been adjusted to provide engine performance at the levels in the application for certification required under § 86.084-21.

(c) The following steps shall be taken for each test:

(1) Start cooling system;

(2) Warm up the engine by the procedure described in 40 CFR 1065.530.

(3) Determine by experimentation the dynamometer inertia and dynamometer load required to perform the acceleration in the dynamometer cycle for smoke emission tests (§ 86.884-7(a)(2)). In a manner appropriate for the dynamometer and controls being used, arrange to conduct the acceleration mode;

(4) Install smokemeter optical unit and connect it to the recorder/data collection system. Connect the engine rpm and throttle position sensing devices to the recorder/data collection system;

(5) Turn on purge air to the optical unit of the smokemeter, if purge air is used;

(6) Check and record zero and span settings of the smokemeter. (If a recorder is used, a chart speed of approximately one inch per minute shall be used.) The optical unit shall be retracted from its position about the exhaust stream if the engine is left running;

(7) Precondition the engine by operating it for 10 minutes at maximum rated horsepower;

(8) Proceed with the sequence of smoke emission measurements on the engine dynamometer as prescribed in § 86.884-7;

(9)(i) During the test sequence of § 86.884-7, continuously record smoke measurements, engine rpm, and throttle position.

(ii) If a chart recorder is used for data collection, it shall be run at a minimum chart speed of one inch per minute during the idle mode and transitional periods, and eight inches per minute during the acceleration and lugging modes.

(iii) Automatic data collection equipment, if used, shall sample at least two records per second.

(iv) The smoke meter zero and full scale response may be rechecked and reset during the idle mode of each test sequence.

(v) If either zero or full-scale drift is in excess of 2 percent opacity, the smokemeter controls must be readjusted and the test must be repeated;

(10) Turn off engine;

(11)(i) Check zero and reset if necessary.

(ii) Check span response (linearity) of the smokemeter by inserting neutral density filters.

(iii) If either zero drift or the linearity check is in excess of two percent opacity, the results shall be invalidated.

The following procedure shall be used to analyze the test data:

(a) Locate the modes specified in § 86.884-7(a)(1) through (a)(4) by applying the following starting and ending criteria:

(1) The idle mode specified in § 86.884-7(a)(1) starts when engine preconditioning or the lugging mode of a preceding cycle has been completed and ends when the engine speed is raised above the idle speed.

(2) The acceleration mode specified in § 86.884-7(a)(2)(i) starts when the preceding idle mode has been completed and ends when the throttle is in the fully open position, as indicated by the throttle position trace as specified in § 86.884-7(a)(2)(ii).

(3) The acceleration mode specified in § 86.884-7(a)(2)(ii) starts when the preceding acceleration mode has been completed and ends when the engine speed reaches 85 percent of the rated speed.

(4) The transition period specified in § 86.884-7(a)(2)(iii) starts when the preceding acceleration mode has been completed and ends when the throttle is in the fully open position as indicated by the throttle position trace, as specified in § 86.884-7(a)(2)(iv).

(5) The acceleration mode specified in § 86.884-7(a)(2)(iv) starts when the preceding transition period has been completed and ends when the engine speed reaches 95 percent of the rated speed.

(6) The transition period specified in § 86.884-7 (a)(3)(i) starts when the preceding acceleration mode has been completed and ends when the engine speed is 50 rpm below the rated speed and the provisions of § 86.884-7 (a)(3)(i) are met.

(7) The lugging mode specified in § 86.884-7(a)(3)(ii) starts when the preceding transition period has been completed and ends when the engine speed is at the intermediate speed.

(b) Determine if the test requirements of § 86.884-7 are met by applying the following modal criteria:

(1) Idle mode as specified in § 86.884-7(a)(1):

(i) Duration: 5 to 5.5 minutes.

(ii) Speed: within specification during the last four minutes of the mode.

(2) Acceleration mode as specified in § 86.884-7(a)(2)(i).

(i) Duration: three seconds or less.

(ii) Speed increase: 200±50 rpm.

(3) Acceleration mode as specified in § 86.884-7(a)(2)(ii);

(i) Linearity: ±100 rpm as specified in paragraph (c) of this section.

(ii) Duration: 3.5 to 6.5 seconds.

(iii) Throttle position: fully open until speed is at least 85 percent of the rated speed.

(4) Transition period as specified in § 86.884-7(a)(2)(iii):

(i) Throttle position: moved rapidly to, and held in, the fully closed position.

(5) Acceleration mode as specified in § 86.884-7(a)(2)(iv):

(i) Duration: 8 to 12 seconds.

(ii) Throttle position: fully open when speed is at intermediate speed.

(6) Transition period as specified in § 86.884-7(a)(3)(i):

(i) Duration: 50 to 60 seconds.

(ii) Average speed during the last 10 seconds shall be within ±50 rpm of rated speed.

(iii) Average observed power during the last 10 seconds shall be at least 95 percent of the horsepower developed during the preconditioning mode.

(7) Lugging mode as specified in § 86.884-7(a)(3)(ii):

(i) Linearity: ±100 rpm as specified in paragraph (c) of this section.

(ii) Duration: 30 to 40 seconds.

(iii) Speed at end: intermediate speed.

(c) Determine if the linearity requirements of § 86.884-7 were met by means of the following procedure:

(1) For the acceleration mode specified in § 86.884-7(a)(2)(ii), note the maximum deflection of the rpm trace from a straight line drawn between the starting and ending points specified in paragraph (a)(3) of this section.

(2) For the lugging mode specified in § 86.884-7(a)(3)(ii), note the maximum deflection of the rpm trace from a straight line drawn from the starting and ending points specified in paragraph (a)(7) of this section.

(3) The test results will be invalid if any deflection is greater than 100 rpm.

(4) This linearity check may be performed by direct analysis of the recorder traces, or by computer analysis of data collected by automatic data collection equipment.

(d) Analyze the smoke trace by means of the following procedure:

(1) Starting at the beginning of the first acceleration, as defined in paragraph (a)(2) of this section, and stopping at the end of the second acceleration, as defined in paragraph (a)(3) of this section, divide the smoke trace into half-second intervals. Similarly, subdivide into half-second intervals the third acceleration mode and the lugging mode as defined by paragraphs (a) (5) and (7) respectively, of this section.

(2) Determine the average smoke reading during each half-second interval.

(3) Locate and record the 15 highest half-second readings during the acceleration mode of each dynamometer cycle.

(4) Locate and record the five highest half-second readings during the lugging mode of each dynamometer cycle.

(5) Examine the average half-second values which were determined in paragraphs (d)(3) and (d)(4) of this section and record the three highest values for each dynamometer cycle.

(6) This smoke trace analysis may be performed by direct analysis of the recorder traces, or by computer analysis of data collected by automatic data collection equipment.

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

(b) Average the 45 readings in § 86.884-13(d)(3) or the equivalent converted values from paragraph (a) of this section if appropriate, and designate the value as “A”. This is the value for the engine acceleration mode.

(c) Average the 15 readings in § 86.884-13(d)(4) or the equivalent converted values from paragraph (a) of this section if appropriate, and designate the value as “B”. This is the value for the engine lugging mode.

(d) Average the 9 readings in § 86.884-13(d)(5) or the equivalent converted values from paragraph (a) of this section if appropriate, and designate the value as “C”. This is the value for the peaks in either mode.

(e)(1) If multiple smokemeters were used, the half-second values for each mode from each smokemeter shall be combined and the calculated average based upon the total number of combined values.

(2) For example, if two smokemeters were used for acceleration mode data, 45 half-second values in each data set from both smokemeters would be combined to form a data set of 90 values, which would then be averaged.

(a) The selective enforcement auditing program described in 40 CFR part 1068, subpart E, applies for all heavy-duty engines as described in this section. In addition, the provisions of 40 CFR 1068.10 and 1068.20 apply for any selective enforcement audits of these engines.

(b) For heavy-duty engines, the prescribed test procedure is the Federal Test Procedure as described in subparts I, N, and P of this part (including provisions of 40 CFR part 1065 as specified in this part), except that they shall not be subject to the test procedures specified in §§ 86.1360(b)(2) and (f), 86.1370, 86.1372, and 86.1380. The Administrator may, on the basis of a written application by a manufacturer, approve optional test procedures other than those in subparts I, N, and P of this part for any heavy-duty vehicle which is not susceptible to satisfactory testing using the procedures in subparts I, N, and P of this part.

(a) The provisions of this subpart are applicable for 1987 and later model year gasoline-fueled and diesel heavy-duty engines and heavy-duty vehicles. These vehicles include light-duty trucks rated in excess of 6,000 pounds gross vehicle weight.

(b) References in this subpart to engine families and emission control systems shall be deemed to apply to durability groups and test groups as applicable for manufacturers certifying new light-duty trucks and Otto-cycle complete heavy-duty vehicles under the provisions of subpart S of this part.

(a) The definitions in this section apply to this subpart.

(b) As used in this subpart, all terms not defined herein have the meaning given them in the Act.

Compliance level means the deteriorated pollutant emissions level at the 60th percentile point for a population of heavy-duty engines or heavy-duty vehicles subject to Production Compliance Audit testing pursuant to the requirements of this subpart. A compliance level for a population can only be determined for a pollutant for which an upper limit has been established in this subpart.

Configuration means a subdivision, if any, of a heavy-duty engine family for which a separate projected sales figure is listed in the manufacturer's Application for Certification and which can be described on the basis of emission control system, governed speed, injector size, engine calibration, or other parameters which may be designated by the Administrator, or a subclassification of light-duty truck engine family emission control system combination on the basis of engine code, inertia weight class, transmission type and gear ratios, rear axle ratio, or other parameters which may be designated by the Administrator.

NCP means a nonconformance penalty as described in section 206(g) of the Clean Air Act and in this subpart.

PCA means Production Compliance Audit as described in § 86.1106-87 of this subpart.

Subclass means a classification of heavy-duty engines of heavy-duty vehicles based on such factors as gross vehicle weight rating, fuel usage (gasoline-, diesel-, and methanol-fueled), vehicle usage, engine horsepower or additional criteria that the Administrator shall apply. Subclasses include, but are not limited to:

(i) Light-duty gasoline-fueled Otto cycle trucks (6,001-8,500 lb. GVW)

(ii) Light-duty methanol-fueled Otto cycle trucks (6,001-8,500 lb. GVW)

(iii) Light-duty petroleum-fueled diesel trucks (6,001-8,500 lb. GVW)

(iv) Light-duty methanol-fueled diesel trucks (6,001-8,500 lb. GVW)

(v) Light heavy-duty gasoline-fueled Otto cycle engines (for use in vehicles of 8,501-14,000 lb. GVW)

(vi) Light heavy-duty methanol-fueled Otto cycle engines (for use in vehicles of 8,501-14,000 lb. GVW)

(vii) Heavy heavy-duty gasoline-fueled Otto cycle engines (for use in vehicles of 14,001 lb and above GVW)

(viii) Heavy heavy-duty methanol-fueled Otto cycle engines (for use in vehicles of 14,001 lb. and above GVW)

(ix) Light heavy-duty petroleum-fueled diesel engines (see § 86.085-2(a)(1))

(x) Light heavy-duty methanol-fueled diesel engines (see § 86.085-2(a)(1))

(xi) Medium heavy-duty petroleum-fueled diesel engines (see § 86.085-2(a)(2))

(xii) Medium heavy-duty methanol-fueled diesel engines (see § 86.085-2(a)(2))

(xiii) Heavy heavy-duty petroleum-fueled diesel engines (see § 86.085-2(a)(3))

(xiv) Heavy heavy-duty methanol-fueled diesel engines (see § 86.085-2(a)(3))

(xv) Petroleum-fueled Urban Bus engines (see § 86.091-2)

(xvi) Methanol-fueled Urban Bus engines (see § 86.091-2).

For NCP purposes, all optionally certified engines and/or vehicles (engines certified in accordance with § 86.087-10(a)(3) and vehicles certified in accordance with § 86.085-1(b)) shall be considered part of, and included in the FRAC calculation of, the subclass for which they are optionally certified.

Test Sample means a group of heavy-duty engines or heavy-duty vehicles of the same configuration which have been selected for emission testing.

Upper limit means the emission level for a specific pollutant above which a certificate of conformity may not be issued or may be suspended or revoked.

(a) EPA shall establish for each subclass of heavy-duty engines and heavy-duty vehicles (other than motorcycles), an NCP for a motor vehicle pollutant, when any new or revised emission standard is more stringent than the previous standard for the pollutant, or when an existing standard for that pollutant becomes more difficult to achieve because of a new or revised standard, provided that EPA finds:

(1) That for such subclass of engines or vehicles, substantial work will be required to meet the standard for which the NCP is offered, and

(2) That there is likely to be a technological laggard.

(b) Substantial work, as used in paragraph (a)(1) of this section, means the application of technology not previously used in an engine or vehicle class or subclass, or the significant modification of existing technology or design parameters, needed to bring the vehicle or engine into compliance with either the more stringent new or revised standard or an existing standard which becomes more difficult to achieve because of a new or revised standard.

(a) The upper limit applicable to a pollutant emission standard for a subclass of heavy-duty engines or heavy-duty vehicles for which an NCP is established in accordance with § 86.1103-87, shall be the previous pollutant emission standard for that subclass.

(b) If no previous standard existed for the pollutant under paragraph (a) of this section, the upper limit will be developed by EPA during rulemaking.

(c) If a manufacturer participates in any of the emissions averaging, trading, or banking programs, and carries over certification of an engine family from the prior model year, the upper limit for that engine family shall be the family emission limit of the prior model year, unless the family emission limit is less than the upper limit determined in paragraph (a) of this section.

(a)-(b) [Reserved]

(c) Effective in the 1991 model year, NCPs will be available for the following additional emission standards:

(1) [Reserved]

(2) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen standard of 5.0 grams per brake horsepower-hour.

(i) For petroleum-fueled light heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $830.

(2) COC90: $946.

(3) MC50: $1,167 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.12.

(ii) For petroleum-fueled medium heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $905.

(2) COC90: $1,453.

(3) MC50: $1,417 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.11.

(iii) For petroleum-fueled heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $930.

(2) COC90: $1,590.

(3) MC50: $2,250 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.11.

(3) Petroleum-fueled diesel light-duty trucks (between 6,001 and 14,000 lbs GVW) particulate matter emission standard of 0.13 grams per vehicle mile.

(i) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(A) COC50: $711.

(B) COC90: $1,396.

(C) MC50: $2,960 per gram per brake horsepower-hour.

(D) F: 1.2.

(ii) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.01.

(d) Effective in the 1993 model year, NCPs will be available for the following additional emission standard:

(1) Petroleum-fueled diesel bus engine (as defined in § 86.093-2) particulate emission standard of 0.10 grams per brake horsepower-hour.

(i) The following values shall be used to calculate an NCP for the standard set forth in § 86.093-11(a)(1)(iv)(A) in accordance with § 86.1113-87(a):

(A) COC50: $4,020.

(B) COC90: $4,535.

(C) MC50: $22,971 per gram per brake horsepower-hour.

(D) F: 1.2.

(E) UL: 0.25 grams per brake horsepower-hour.

(ii) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.093-11(a)(1)(iv)(A) in accordance with § 86.1113-87(h): 0.02.

(2) [Reserved]

(e) The values of COC50, COC90, and MC50 in paragraphs (a) and (b) of this section are expressed in December 1984 dollars. The values of COC50, COC90, and MC50 in paragraphs (c) and (d) of this section are expressed in December 1989 dollars. The values of COC50, COC90, and MC50 in paragraph (f) of this section are expressed in December 1991 dollars. The values of COC50 COC90, and MC50 in paragraphs (g) and (h) of this section are expressed in December 1994 dollars. The values of COC50, COC90, and MC50 in paragraph (i) of this section are expressed in December 2001 dollars. These values shall be adjusted for inflation to dollars as of January of the calendar year preceding the model year in which the NCP is first available by using the change in the overall Consumer Price Index, and rounded to the nearest whole dollar in accordance with ASTM E29-67 (reapproved 1980), Standard Recommended Practice for Indicating Which Places of Figures are to be Considered Significant in Specified Limiting Values. The method was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This document is available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, and is also available for inspection as part of Docket A-91-06, located at the Central Docket Section, EPA, 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. This incorporation by reference was approved by the Director of the Federal Register on January 13, 1992. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the Federal Register.

(f) Effective in the 1994 model year, NCPs will be available for the following emission standards:

(1) Petroleum-fueled urban bus engine (as defined in § 86.091-2) particulate emission standard of 0.07 grams per brake horsepower-hour.

(i) The following values shall be used to calculate an NCP for the standard set forth in § 86.094-11(a)(1)(iv)(A) in accordance with § 86.1113-87(a):

(A) COC50: $3292.

(B) COC90: $10,014.

(C) MC50: $109,733.

(D) F: 1.2.

(ii) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.094-11(a)(1)(iv)(A) in accordance with § 86.1113-87(h): 0.38.

(2) Petroleum-fueled diesel heavy-duty engine particulate matter emission standard of 0.10 grams per brake horsepower-hour.

(i) For petroleum-fueled light heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $772.

(2) COC90: $1,325.

(3) MC50: $8,178 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.081.

(ii) For petroleum-fueled medium heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $1,276.

(2) COC90: $3,298.

(3) MC50: $15,370 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.098.

(iii) For petroleum-fueled heavy heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $2,105.

(2) COC90: $6,978.

(3) MC50: $30,070 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP in accordance with § 86.1113-87(h): 0.083.

(g) Effective in the 1996 model year, NCPs will be available for the following emission standard:

(1) Light-duty truck 3 diesel-fueled vehicle at full useful life (as defined in § 86.094-2) particulate matter emission standard of 0.10 g/mi.

(i) The following values shall be used to calculate an NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(a):

(A) COC50: $441.

(B) COC90: $1,471.

(C) MC50: $14,700 per gram per mile.

(D) F: 1.2.

(ii) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(h): 0.093.

(2) Light-duty truck 3 diesel-fueled vehicle at full useful life (as defined in § 86.094-2) oxides of nitrogen emission standard of 0.98 g/mi.

(i) The following values shall be used to calculate an NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(a):

(A) COC50: $654.

(B) COC90: $779.

(C) MC50: $908 per gram per mile.

(D) F: 1.2.

(ii) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(h): 0.082.

(3) 1996 Urban Bus (as defined in § 86.094-2) particulate matter emission standard of 0.05 g/BHp-hr.

(i) The following values shall be used to calculate an NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(a):

(A) COC50: $576.

(B) COC90: $6,569.

(C) MC50: $28,800 per gram per brake horsepower-hour.

(D) F: 1.2.

(ii) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(h): 0.500.

(h) Effective in the 1998 model year, NCPs will be available for the following emission standard:

(1) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen standard of 4.0 grams per brake horsepower-hour.

(i) For petroleum-fueled light heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $833.

(2) COC90: $1,513.

(3) MC50: $833 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(h): 0.039.

(ii) For petroleum-fueled medium heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $444.

(2) COC90: $1,368.

(3) MC50: $444 per gram per brake horsepower-hour.

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(h): 0.043.

(iii) For petroleum-fueled heavy heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $1,086.

(2) COC90: $2,540.

(3) MC50: $1,086 per gram per brake horsepower-hour

(4) F: 1.2.

(B) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.094-9(a)(1)(ii) in accordance with § 86.1113-87(h): 0.039.

(2) [Reserved]

(i) Effective in the 2004 model year, NCPs will be available for the following emission standard:

(1) Diesel heavy-duty engine non-methane hydrocarbon plus oxides of nitrogen standard of 2.4 grams per brake horsepower-hour (or alternatively, 2.5 grams per brake horsepower-hour with a limit on non-methane hydrocarbon emissions of 0.5 grams per brake horsepower-hour), in § 86.004-11(a)(1)(i).

(i) For light heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $1,240.

(2) COC90: $2,710.

(3) MC50: $2,000 per gram per brake horsepower-hour.

(4) F: 1.3.

(5) UL: 4.5 grams per brake horsepower-hour; notwithstanding § 86.1104-91.

(B) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.004-11(a)(1)(i) in accordance with § 86.1113-87(h): 0.403.

(ii) For medium heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $2,740.

(2) COC90: $4,930.

(3) MC50: $1,400 per gram per brake horsepower-hour.

(4) F: 1.3.

(5) UL: 4.5 grams per brake horsepower-hour; notwithstanding § 86.1104-91.

(B) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.004-11(a)(1)(i) in accordance with § 86.1113-87(h): 0.197.

(iii) For heavy heavy-duty diesel engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC50: $6,810.

(2) COC90: $12,210.

(3) MC50: $5,600 per gram per brake horsepower-hour.

(4) F: 1.3.

(5) UL: 6.0 grams per brake horsepower-hour; notwithstanding § 86.1104-91.

(B) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.004-11(a)(1)(i) in accordance with § 86.1113-87(h): 0.090.

(iv) For diesel urban bus engines:

(A) The following values shall be used to calculate an NCP in accordance with § 86.1113-87(a):

(1) COC 50: $3,930.

(2) COC90: $6,660.

(3) MC50: $3,800 per gram per brake horsepower-hour.

(4) F: 1.3.

(5) UL: 4.5 grams per brake horsepower-hour; notwithstanding § 86.1104-91.

(B) The following factor shall be used to calculate the engineering and development component of the NCP for the standard set forth in § 86.004-11(a)(1)(i) in accordance with § 86.1113-87(h): 0.155.

(2) [Reserved]

For a model year in which upper limits for heavy-duty engine or heavy-duty vehicle emission standards for one or more exhaust pollutants are specified in § 86.1105-87, a manufacturer may elect to conduct a Production Compliance Audit (PCA) for each engine or vehicle configuration satisfying the following conditions:

(a) Certification test results, pursuant to § 86.082-23, exceed the emission standard for a particular pollutant but do not exceed the upper limit established for that pollutant. In that event, the manufacturer will be offered a qualified certificate of conformity allowing for the introduction into commerce of the specified engine family, Provided, That:

(1) The manufacturer must agree to conduct a PCA of those engines or vehicles;

(2) PCA testing must be conducted on the same configurations that exceeded the standard in certification. In lieu of that requirement, the Administrator may approve testing of a greater or lesser number of configurations provided the manufacturer agrees to pay the NCP determined from the CL of each tested configuration for that configuration and for other non-tested configurations that have similar emission characteristics. If an acceptable showing of similar emission characteristics is not made, the highest CL of the configurations tested will apply to all non-tested configurations exceeding the standard.

(3) The selection of engines or vehicles for PCA testing must be initiated no later than five (5) days after the start of assembly-line production of the specified engine or vehicle configuration, unless that period is extended by the Administrator;

(4) The manufacturer must agree:

(i) To pay the NCP amount calculated as a result of PCA testing on each engine or vehicle, unless the manufacturer successfully challenges the Administrator's determination of the compliance level or penalty calculation or both under § 86.1115-87(c);

(ii) To recall any engines or vehicles introduced into commerce, without invoking the procedural requirements of section 207(c) of the Clean Air Act, if the compliance level for the engine or vehicle configuration of (a)(2) exceeds the upper limit as determined by the PCA;

(5) If the compliance level determined in the PCA is below the emission standard, no NCP will be offered, and all appropriate qualifications will be removed from the qualified certificate of conformity.

(b) An engine or vehicle configuration fails a Selective Enforcement Audit (SEA) under subpart K of 40 CFR part 86 with respect to the standard for a particular pollutant but does not fail with respect to the upper limit established for that pollutant, and no NCP has been previously assessed for that configuration, Provided, That:

(1) The manufacturer must submit a written report to the Administrator within five (5) days after failure to pass the audit containing the following:

(i) A statement that the manufacturer does not intend, at that time, to make any engine and/or emission control system design changes that may remedy the nonconformity; and

(ii) A request from the manufacturer to conduct the PCA, including the date the testing will begin;

(2) Failure to submit the report within five (5) days after the SEA failure will result in the forfeiture of the NCP option, unless a satisfactory justification for the delay is provided to the Administrator;

(3) The selection of any required engines or vehicles for PCA testing must be initiated no later than ten (10) days after the SEA failure unless extended by the Administrator; otherwise, the manufacturer may forfeit the option to elect an NCP;

(4) PCA testing must be conducted on the same configuration that failed the SEA;

(5) Test results from the SEA, together with any additional test results required during the PCA, will be used in establishing a compliance level for the configuration pursuant to § 86.1112-87(a); and

(6) The manufacturer, upon approval by the Administrator to conduct a PCA on a failed SEA engine or vehicle configuration, must agree:

(i) To pay the NCP amount calculated as a result of PCA testing on each engine or vehicle introduced into commerce after the tenth day of the SEA failure, unless the manufacturer successfully challenges the Administrator's determination of the compliance level or penalty calculation or both under § 86.1115-87(c);

(ii) To recall any engines or vehicles introduced into commerce after the tenth day of the SEA failure, without invoking the procedural requirements of section 207(c) of the Clean Air Act, if the compliance level of the engine or vehicle configuration exceeds the upper limit as determined by the PCA.

(c) An engine or vehicle configuration, for which an NCP has been previously assessed for a particular pollutant, either passes an SEA with respect to the particular pollutant standard, fails an SEA with respect to the particular pollutant standard but not the previous compliance level, or fails an SEA with respect to the previous compliance level but not the associated upper limit, Provided, That:

(1) The manufacturer must submit a written statement to the Administrator within five (5) days of the conclusion of the SEA requesting a PCA, including the date the PCA testing will begin; otherwise, the manufacturer forfeits the option to establish a new compliance level;

(2) The selection of any required engines or vehicles for PCA testing must be initiated no later than ten (10) days after the conclusion of the SEA unless the period is extended by the Administrator; otherwise, the manufacturer forfeits the option to establish a new compliance level;

(3) PCA testing must be conducted on the same configuration tested during the SEA, and all conditions in the SEA test order must apply to the PCA;

(4) Test results for the SEA, together with any additional test results required during the PCA, will be used in establishing a new compliance level for the configuration pursuant to § 86.1112-87(a);

(5) The manufacturer must agree:

(i) To pay the NCP amount calculated as a result of PCA testing on each engine or vehicle introduced into commerce after the tenth day of the conclusion of the SEA, unless the manufacturer successfully challenges the Administrator's determination of the compliance level or penalty calculation or both under § 86.1115-87(c);

(ii) To recall any engines or vehicles introduced into commerce after the tenth day after the conclusion of the SEA, without invoking the procedural requirements of section 207(c) of the Clean Air Act, if the engine or vehicle configuration exceeds the upper limit as determined by the PCA;

(6) A previously assessed NCP will be terminated and no NCP will be established as a result of the new PCA if the compliance level is determined to be below the applicable emission standards.

(d) The implementation of a production running change that causes the emission level for a particular pollutant to be either above the emission standard but below the associated upper limit for a vehicle or engine configuration for which an NCP has not been previously assessed, or below the associated upper limit for a vehicle or engine configuration for which an NCP has been previously assessed, regardless of the previous compliance level. In that event, the manufacturer will be offered a qualified certificate of conformity allowing for the introduction into commerce of the engine or vehicle configuration resulting from the running change, Provided, That:

(1) The manufacturer must submit a written report to the Administrator outlining the reason for the running change and the date the manufacturer will begin PCA testing;

(2) The manufacturer must agree:

(i) To pay the NCP amount calculated as a result of PCA testing on each engine or vehicle, unless the manufacturer successfully challenges the Administrator's determination of compliance level or penalty calculation or both under § 86.1115-87(c);

(ii) To recall any engines or vehicles introduced into commerce, without invoking the procedural requirements of section 207(c) of the Clean Air Act, if the engine or vehicle configuration exceeds the upper limit as determined by the PCA;

(3) The selection of engines or vehicles for PCA testing must be initiated no later than five (5) days after the start of assembly line production of the engine or vehicle configuration resulting from the running change unless that period is extended by the Administrator; and

(4) If the compliance level is determined to be below the applicable emission standard, a previously assessed NCP will be terminated, an NCP will not be established as a result of the PCA testing, and all qualifications will be removed from the qualified certificate of conformity.

(e) The following requirements are applicable to each PCA under this subpart.

(1) The manufacturer shall make the following documents available to EPA Enforcement Officers upon request;

(i) A properly filed and current application for certification, following the format prescribed by the EPA for the appropriate model year; and

(ii) A copy of the shop manual and dealer service bulletins for the configurations being tested.

(2) Only one mechanic at a time per engine or vehicle shall make authorized checks, adjustments, or repairs, unless a particular check, adjustment, or repair requires a second mechanic as indicated in the shop manual or dealer service bulletins.

(3) A mechanic shall not perform any check, adjustment, or repair without an Enforcement Officer present unless otherwise authorized.

(4) The manufacturer shall utilize only those tools and test equipment utilized by its dealers or those dealers using its engines when performing authorized checks, adjustments, or repairs.

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

(1) General records. A description of all equipment used to test engines or vehicles in accordance with § 86.1111-87, pursuant to PCA testing under this subpart, specifically;

(i) If testing heavy-duty gasoline engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C;

(ii) If testing heavy-duty diesel engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C;

(iii) If testing light-duty gasoline-fueled trucks, the equipment requirements specified in §§ 86.106 (excluding all references to particulate emission testing) and 86.1506-84 of this part; and

(iv) If testing light-duty diesel trucks, the equipment requirements specified in § 86.106 (excluding all references to evaporative emission testing) of this part.

(2) Individual records. These records pertain to each Production Compliance Audit conducted pursuant to this subpart.

(i) The date, time, and location of each test;

(ii) The number of hours of service accumulated on the engine or the number of miles on the vehicle when the test began and ended;

(iii) The names of all supervisory personnel involved in the conduct of the Production Compliance Audit;

(iv) A record and description of any repair performed, giving the date and time of the repair, the reason for it, the person authorizing it, and the names of all personnel involved in the supervision and performance of the repair;

(v) The date when the engine or vehicle was shipped from the assembly plant or associated storage facility and when it was received at the testing facility;

(vi) A complete record of all emission tests performed pursuant to this subpart (except tests performed by EPA directly), including all individual worksheets and/or other documentation relating to each test, or exact copies thereof, specifically—

(A) If testing heavy-duty gasoline engines, the record requirements specified in 40 CFR 1065.695;

(B) If testing heavy-duty diesel engines, the record requirements specified in 40 CFR 1065.695;

(C) If testing light-duty gasoline fueled trucks, the record requirements specified in §§ 86.142 (excluding all references to diesel vehicles) and 86.1542-84; and

(D) If the testing light-duty diesel trucks, the record requirements specified in § 86.142; and

(vii) A brief description of any significant Production Compliance Audit events commencing with the test engine or vehicle selection process, but not described by any subparagraph under paragraph (a)(2) of this section, including such extraordinary events as engine damage during shipment or vehicle accident.

(3) The manufacturer shall record the test equipment description, pursuant to paragraph (a)(1) of this section, for each test cell that was used to perform emission testing under this subpart.

(b) The manufacturer shall retain all records required to be maintained under this subpart for a period of six (6) years after completion of all testing. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending upon the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained.

(a) To allow the Administrator to determine whether a manufacturer is complying with the provisions of this subpart, EPA Enforcement Officers are authorized to enter any of the following (during operating hours and upon presentation of credentials):

(1) Any facility where any engine or vehicle to be introduced into commerce or any emission related component is manufactured, assembled, or stored;

(2) Any facility where any tests conducted pursuant to a PCA request or any procedures or activities connected with these tests are or were performed;

(3) Any facility where any engine or vehicle which is being tested, was tested, or will be tested is present; and

(4) Any facility where any record or other document relating to any of the above is located.

(b) Upon admission to any facility referred to in paragraph (a) of this section, EPA Enforcement Officers are authorized to perform the following inspection-related activities:

(1) To inspect and monitor any aspects of engine or vehicle manufacture, assembly, storage, testing and other procedures, and the facilities in which these procedures are conducted.

(2) To inspect and monitor any aspect of engine or vehicle test procedures or activities, including, but not limited to, monitoring engine or vehicle selection, preparation, service or mileage accumulation, preconditioning, repairs, emission test cycles, and maintenance; and to verify calibration of test equipment;

(3) To inspect and make copies of any records or documents related to the assembly, storage, selection and testing of an engine or vehicle; and

(4) To inspect and photograph any part or aspect of any engine or vehicle and any component used in the assembly thereof that is reasonably related to the purpose of the entry.

(c) EPA Enforcement Officers are authorized to obtain reasonable assistance without cost from those in charge of a facility to help them perform any function listed in this subpart and are authorized to request the manufacturer conducting the PCA to make arrangement with those in charge of a facility operated for its benefit to furnish reasonable assistance without cost to EPA, whether or not the manufacturer controls the facility.

(d) EPA Enforcement Officers are authorized to seek a warrant or court order authorizing the EPA Enforcement Officers to conduct activities related to entry and access as authorized in this section, as appropriate, to execute the functions specified in this section. EPA Enforcement Officers may proceed ex parte to obtain a warrant whether or not the Enforcement Officers first attempted to seek permission of the manufacturer conducting the PCA or the party in charge of the facilities in question to conduct activities related to entry and access as authorized in this section.

(e) A manufacturer that conducts a PCA shall permit EPA Enforcement Officers who present a warrant or court order as described in paragraph (d) of this section to conduct activities related to entry and access as authorized in this section and as described in the warrant or court order. The manufacturer shall cause those in charge of its facility or a facility operated for its benefit to permit EPA Enforcement Officers to conduct activities related to entry and access as authorized in this section pursuant to a warrant or court order whether or not the manufacturer controls the facility. In the absence of such a warrant or court order, EPA Enforcement Officers may conduct activities related to entry and access as authorized in this section only upon the consent of the manufacturer or the party in charge of the facilities in question.

(f) It is not a violation of this part or the Clean Air Act for any person to refuse to permit EPA Enforcement Officers to conduct activities related to entry and access as authorized in this section without a warrant or court order.

(g) A manufacturer is responsible for locating its foreign testing and manufacturing facilities in jurisdictions in which local foreign law does not prohibit EPA Enforcement Officers from conducting the entry and access activities specified in this section. EPA will not attempt to make any inspections which it has been informed that local foreign law prohibits.

(h) For purposes of this section, the following definitions are applicable:

(1) Presentation of Credentials means display of the document designating a person as an EPA Enforcement Officer.

(2) Where engine or vehicle storage areas or facilities are concerned, operating hours means all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.

(3) Where facilities or areas other than those covered by paragraph (h)(2) of this section are concerned, operating hours means all times during which an assembly line is in operation, engine or vehicle assembly is taking place, testing repair, service accumulation, preparation or compilation of records is taking place, or any other procedure or activity related to engine or vehicle manufacture, assembly or testing is being carried out in a facility.

(4) Reasonable assistance includes, but is not limited to, clerical, copying, interpreting and translating services, and making personnel of the facility being inspected available during their working hours on an EPA Enforcement Officer's request to inform the EPA Enforcement Officer of how the facility operates and to answer his or her questions. Any employee whom an EPA Enforcement Officer requests the manufacturer to cause to appear for questioning will be entitled to be accompanied, represented and advised by counsel.

(a) Engines or vehicles comprising a test sample which are required to be tested pursuant to a PCA in accordance with this subpart will be selected at the location and in the manner specified by EPA. If a manufacturer determines that the test engines or vehicles cannot be selected in the manner specified by EPA, an alternative selection procedure may be employed, provided that the manufacturer requests approval of the alternative procedure in advance of the start of test sample selection and that the Administrator approves the procedure.

(b) The manufacturer shall have assembled the test engines or vehicles of the configuration selected for testing using its normal mass production processes for engines or vehicles to be distributed into commerce. In the case of heavy-duty engines, if the test engines are selected at a location where they do not have their operational and emission control systems installed, EPA will specify the manner and location for selection of components to complete assembly of the engines. The manufacturer shall assemble these components onto the test engines using normal assembly and quality control procedures as documented by the manufacturer.

(c) No quality control, testing, or assembly procedures will be used on the completed test engine or vehicle or any portion thereof, including parts and subassemblies, that will not be used during the production and assembly of all other engines or vehicles of that configuration.

(d) The EPA Enforcement Officers may specify that they, rather than the manufacturer, will select the test engines or vehicles.

(e) The order in which test engines or vehicles are selected determines the order in which test results are to be used in applying the PCA testing plan in accordance with § 86.1112-87.

(f) The manufacturer shall keep on hand all engines or vehicles comprising the test sample until such time as a compliance level is determined in accordance with § 86.1112-87(a) except that the manufacturer may ship any tested engine or vehicle which has not failed in accordance with § 86.1112-87(f)(1). However, once the manufacturer ships any test engine or vehicle, it relinquishes the prerogative to conduct retests as provided in § 86.1111-87(i).

(a)(1) For heavy-duty engines, the prescribed test procedure for PCA testing is the Federal Test Procedure as described in subparts N, I, and P of this part.

(2) For heavy-duty vehicles, the prescribed test procedure for PCA testing is described in subpart M of this part.

(3) For light-duty trucks, the prescribed test procedure for PCA testing is the Federal Test Procedure as described in subparts B and P of this part.

(4) During the testing of heavy-duty diesel engines, the manufacturer shall decide for each engine, prior to the start of the initial cold cycle, whether the measurement of background particulate is required for the cold and hot cycles to be valid. The manufacturer may choose to have different requirements for the cold and hot cycles. If a manufacturer chooses to require the measurement of background particulate, failure to measure background particulate shall void the test cycle regardless of the test results. If a test cycle is void, the manufacturer shall retest using the same validity requirements of the initial test.

(5) When testing light-duty trucks, the following exceptions to the test procedures in subpart B are applicable:

(i) The manufacturer may use gasoline test fuel meeting the specifications of paragraph (a) of § 86.113 for mileage accumulation. Otherwise, the manufacturer may use fuels other than those specified in this section only with advance approval of the Administrator.

(ii) The manufacturer may measure the temperature of the test fuel at other than the approximate midvolume of the fuel tank, as specified in paragraph (a) of § 86.131, and may drain the test fuel from other than the lowest point of the fuel tank, as specified in paragraph (b) of § 86.131, with the advance approval of the Administrator.

(iii) The manufacturer may perform additional preconditioning on PCA test vehicles other than the preconditioning specified in § 86.132 only if the additional preconditioning has been performed on certification test vehicles of the same configuration.

(iv) The manufacturer shall perform the heat build procedure 11 to 34 hours following vehicle preconditioning rather than according to the time period specified in paragraph (a) of § 86.133.

(v) The manufacturer may substitute slave tires for the drive wheel tires on the vehicle as specified in paragraph (e) of § 86.135, provided that the slave tires are the same size as the drive wheel tires.

(vi) The cold start exhaust emission test described in § 86.137 shall follow the heat build procedure described in § 86.133 by not more than one hour.

(vii) In performing exhaust sample analysis under § 86.140:

(A) When testing diesel vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up for the HC analyzer, and a minimum of 2 hours warm-up for the CO, CO2 and NOX analyzers. [Power is normally left on for infrared and chemiluminescent analyzers. When not in use, the chopper motors of the infrared analyzers are turned off and the phototube high voltage supply to the chemiluminescent analyzers is placed in the standby position.]

(B) The manufacturer shall exercise care to prevent moisture from condensing in the sample collection bags.

(viii) The manufacturer need not comply with § 86.142, since the records required therein are provided under other provisions of this subpart.

(ix) In addition to the requirements of subpart B of this part, the manufacturer shall prepare gasoline-fueled vehicles as follows prior to exhaust emission testing:

(A) The manufacturer shall inspect the fuel system to insure the absence of any leaks of liquid or vapor to the atmosphere by applying a pressure of 14.5 ±0.5 inches of water to the fuel system, allowing the pressure to stabilize, and isolating the fuel system from the pressure source. Following isolation of the fuel system, pressure must not drop more than 2.0 inches of water in 5 minutes. If required, the manufacturer shall perform corrective action in accordance with paragraph (d) of this section.

(B) When performing this pressure check, the manufacturer shall exercise care to neither purge nor load the evaporative emission control system.

(C) The manufacturer shall not modify the test vehicle's evaporative emission control system by component addition, deletion, or substitution, except to comply with paragraph (a)(4)(ii) of this section if approved in advance by the Administrator.

(b)(1) The manufacturer shall not adjust, repair, prepare, or modify the engines or vehicles selected for testing and shall not perform any emission tests on engines or vehicles selected for testing pursuant to a PCA request unless the adjustment, repair, preparation, modification, or tests are documented in the manufacturer's engine or vehicle assembly and inspection procedures and are actually performed on all engines or vehicles produced or unless these adjustments or tests are required or permitted under this subpart or are approved in advance by the Administrator.

(2) For 1984 and later model years the Administrator may adjust or cause to be adjusted any engine parameter which the Administrator has determined to be subject to adjustment for certification, Selective Enforcement Audit and Production. Compliance Audit testing in accordance with § 86.084-22(e)(1), to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with § 86.084-2(e)(3)(ii), prior to the performance of any tests. However, if the idle speed parameter is one which the Administrator has determined to be subject to adjustment, the Administrator shall not adjust it to any setting which causes a lower engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter if the manufacturer had accumulated 125 hours of service on the engine or 4,000 miles on the vehicle under paragraph (c) of this section, all other parameters being identically adjusted for the purpose of the comparison. The manufacturer may be requested to supply information to establish such an alternative minimum idle speed. The Administrator, in making or specifying these adjustments, may consider the effect of the deviation from the manufacturer's recommended setting on emissions performance characteristics as well as the likelihood that similar settings will occur on in-use heavy-duty engines or light-duty trucks. In determining likelihood, the Administrator may consider factors such as, but not limited to, the effect of the adjustment on engine or vehicle performance characteristics and surveillance information from similar in-use engines or vehicles.

(c) Prior to performing emission testing on a PCA test engine, the manufacturer may accumulate on each engine a number of hours of service equal to the greater of 125 hours or the number of hours the manufacturer accumulated during certification on the emission-data engine corresponding to the configuration tested during PCA. Prior to performing emission testing on a PCA test vehicle, the manufacturer may accumulate a number of miles equal to the greater of 4,000 miles or the number of miles the manufacturer accumulated during certification on the emission-data vehicle corresponding to the configuration tested during PCA. Service or mileage accumulation may be performed in any manner the manufacturer desires.

(d) No maintenance shall be performed on test engines or vehicles after selection for testing nor will any test engine or vehicle substitution or replacement be allowed, unless requested of and approved by the Administrator in advance of the performance of any maintenance or engine or vehicle substitution.

(e) The manufacturer shall expeditiously ship test engines or vehicles from the point of selection to the test facility or other location to meet any other requirements of this subpart. If the test facility is not located at or in close proximity to the point of selection, the manufacturer shall assure that test engines or vehicles arrive at the test facility within 24 hours of selection, except that the Administrator may approve more time based upon a request by the manufacturer accompanied by a satisfactory justification.

(f) If an engine or vehicle cannot complete the service or mileage accumulation or emission tests because of engine or vehicle malfunction, the manufacturer may request that the Administrator authorize the repair of the engine or vehicle. If the engine or vehicle cannot be repaired expeditiously, EPA may delete it from the test sequence.

(g)(1) Heavy-duty engine manufacturers with projected sales bound for the United States market for that year of 30,000 or greater, as made in their respective Applications for Certification, shall complete emission testing at their testing facility on a minimum of two engines per 24 hour period, including voided tests.

(2) Heavy-duty engine manufacturers with projected sales bound for the United States market for that year of less than 30,000, as made in their respective Applications for Certification, Shall complete emission testing at one engine per 24 hour period, including voided tests.

(3) Light-duty truck manufacturers shall complete emission testing on a minimum of four vehicles per 24 hour period, including voided tests.

(4) The Administrator may approve a longer period of time for conducting emission tests based upon a request by a manufacturer accompanied by a satisfactory justification.

(h) The manufacturer shall perform test engine or vehicle selection, shipping, preparation, service or mileage accumulation, and testing in such a manner as to insure that the audit is performed in an expeditious manner.

(i) The manufacturer may retest any engines or vehicles tested during a Production Compliance Audit once a compliance level has been established in accordance with § 86.1112-87 based on the first test on each engine or vehicle. The Administrator may approve retesting at other times based upon a request by the manufacturer accompanied by a satisfactory justification. The manufacturer may test each engine or vehicle a total of three times. The manufacturer shall test each engine or vehicle the same number of times. The manufacturer may accumulate additional service or mileage before conducting a retest, subject to the provisions of paragraph (c) of this section.

(a) A manufacturer that has elected to conduct a PCA in accordance with § 86.1106-87 may establish the compliance level for a pollutant for any engine or vehicle configuration by using the primary PCA sampling plan or either of two optional reduced PCA sampling plans (the fixed reduced sampling plan or the sequential reduced sampling plan) described below. A manufacturer that uses either of the two optional reduced PCA sampling plans may elect to continue testing and establish a compliance level under the primary PCA sampling plan.

(1) A manufacturer that elects to conduct a PCA for a pollutant using the primary PCA sampling plan shall:

(i) Conduct emission tests on 24 engines or vehicles in accordance with § 86.1111-87 for the pollutants for which the PCA was initiated. If the PCA follows an SEA failure, the number of additional tests conducted shall be the difference between 24 and the number of engines or vehicles tested in the SEA. If 24 or more engines or vehicles were tested in the SEA, no additional tests shall be conducted; and

(ii) Rank the final deteriorated test results, as defined by paragraph (e) of this section, obtained for that pollutant in order from the lowest to the highest value. If the PCA follows an SEA failure, all SEA test results for that pollutant shall be included in this ranking.

(iii) The compliance level for that pollutant is the final deteriorated test result in the sequence determined from table 1 of appendix XII of these regulations.

(2) A manufacturer that elects to conduct a PCA for a pollutant using the fixed reduced PCA sampling plan shall:

(i) Select a sample size between 3 and 23 engines or vehicles. If the PCA follows an SEA failure, the sample size selected cannot be less than the number of engines or vehicles tested during the SEA; and

(ii) Conduct emission tests on the selected sample in accordance with § 86.1111-87 for the pollutants for which the PCA was initiated.

(iii) The compliance level for the pollutant is the result of the following equation, using the test results obtained in paragraph (a)(2)(ii) of this section and all SEA test results for that pollutant if the PCA follows an SEA failure:

(3) A manufacturer that elects to conduct a PCA for a pollutant using the sequential reduced PCA sampling plan shall perform the following:

(i) Select a sample size of 4, 8, 12, 16 or 20 engines or vehicles. If the PCA follows an SEA failure, the sample size selected cannot be less than the number of engines or vehicles tested during the SEA.

(ii) Conduct emission tests on the selected sample in accordance with § 86.1111-87 for the pollutants for which the PCA was initiated.

(iii) The compliance level for the pollutant is the result of the following equation, using the test results obtained in (a)(3)(ii) and all SEA test results for that pollutant if the PCA follows an SEA failure:

(iv) After calculating a compliance level in accordance with paragraph (a)(3)(iii) of this section, a manufacturer may elect to increase the sample size by 4 engines or vehicles, or a multiple thereof, up to the maximum, including SEA engines or vehicles if any, of 20. Upon that election, the manufacturer shall add the additional engines or vehicles to the sample and perform paragraphs (a)(3)(ii) and (a)(3)(iii) of this section. This election may be repeated if appropriate. A compliance level determined under this election shall replace a previously determined compliance level.

(b) A fail decision is reached with respect to the upper limit when the compliance level determined in paragraph (a) of this section exceeds the applicable upper limit.

(c) Initial test results are calculated following the Federal Test Procedure specified in § 86.1111-87(a).

(d) Final test results are calculated by summing the initial test results derived in paragraph (c) of this section for each test engine or vehicle, dividing by the number of tests conducted on the engine or vehicle, and rounding in accordance with ASTM E29-67 to the same number of decimal places contained in the applicable standard expressed to one additional significant figure.

(e) Final deteriorated test results. (1) The final deteriorated test results for each heavy-duty engine or light-duty truck tested according to subpart B, I, N, or P of this part are calculated by applying the final test results by the appropriate deterioration factor, derived from the certification process for the engine family control system combination and model year for the selected configuration to which the test engine or vehicle belongs. If the deterioration factor computed during the certification process is multiplicative and it is less than one, that deterioration factor will be one. If the deterioration factor computed during the certification process is additive and it is less than zero, that deterioration factor will be zero.

(2) The final deteriorated test results are rounded to the same number of significant figures contained in the applicable standard in accordance with ASTM E29-67.

(f) A failed engine or vehicle is one whose final deteriorated test results, for one or more of the applicable exhaust pollutants, exceed:

(1) The applicable emission standard, or

(2) The compliance level established in paragraph (b) of this section.

(g) Within five working days after completion of PCA testing of all engines or vehicles, the manufacturer shall submit to the Administrator a report which includes the following information:

(1) The location and description of the manufacturer's emission test facilities which were utilized to conduct testing reported pursuant to this section;

(2) The applicable standards against which the engines or vehicles were tested;

(3) Deterioration factors for the engine family to which the selected configuration belongs;

(4) A description of the engine or vehicle and any emission-related component selection method used;

(5) For each test conducted:

(i) Test engine or vehicle description, including;

(A) Configuration and engine family identification,

(B) Year, make and build date,

(C) Engine or vehicle identification number, and

(D) Number of hours of service accumulated on engine or number of miles on vehicle prior to testing;

(ii) Location where service or mileage accumulation was conducted and description of accumulation procedure and schedule;

(iii) Test number, date, initial test results before and after rounding, final test results and final deteriorated test results for all emission tests, whether valid or invalid, and the reason for invalidation, if applicable;

(iv) A complete description of any modification, repair, preparation, maintenance, and/or testing which was performed on the test engine or vehicle and has not been reported pursuant to any other paragraph of this subpart and will not be performed on all other production engines or vehicles; and

(v) Any other information the Administrator may request relevant to the determination as to whether the new heavy-duty engines or heavy-duty vehicles being manufactured by the manufacturer do in fact conform with the regulations of this subpart; and

(6) The following statement and endorsement:

(a) The NCP for each engine or vehicle for which a compliance level has been determined under § 86.1112-87 is calculated according to the formula in paragraph (a)(1) or (a)(2) of this section depending on the value of the compliance level. Each formula contains an annual adjustment factor (AAFi) which is defined in paragraph (a)(3) of this section. Other terms in the formulas are defined in paragraph (a)(4) of this section.

(1) If the compliance level (CL) is greater than the standard and less than or equal to X (e.g., point CL1 in figure 1), then:

(2) If the compliance level is greater than X and less than or equal to the upper limit as determined by § 86.1104-87 (e.g., point CL2 in figure 1), then:

(3) AAFi has the following values:

(i) If fraci−1 = 0, then AAFi = 1 + Ii−1

(ii) If fraci−1 >0, then:

(iii) AAF1=1

(iv) In calculating the NCP for year n, the value fraci−1 for i=n will include actual NCP usage through March 31 of model year n-1 and EPA's estimate of additional usage for the remainder of model year n-1 using manufacturer input. All manufacturers using NCPs must report by subclass actual NCP and non-NCP production numbers through March 31, an estimate of NCP and non-NCP production for the remainder of the model year, and the previous year's actual NCP and non-NCP production to EPA no later than April 30 of the model year. If EPA is unable to obtain similar information from manufacturers not using NCPs, EPA will use projected sales data from the manufacturers' application for certification in computing the total production of the subclass and the fraci−1. The value of fraci−1 will be corrected to reflect actual year-end usage of NCPs and a corrected AAF will be used to establish NCPs in future years. The correction of previous year's AAF will not affect the previous year's penalty.

(4) The terms in the above formulas have the following meanings and values, which may be determined separately for each subclass and pollutant for which an NCP is offered. The production of Federal and California designated engines or vehicles shall be combined for the purpose of this section in calculating the NCP for each engine or vehicle.

(5) The values of COC50, COC90, MC50 and F will be determined for each applicable subclass by EPA based on the cost data used by EPA in setting the applicable emission standard. However, where the rulemaking to establish a specific NCP occurs after the rulemaking to establish the standard, EPA may augment the data base used to establish the standard by including the best cost and emission performance data available to EPA during the specific NCP rulemaking.

(6) In calculating the NCP, appropriate values of the following predefined terms should be used: CL, S, UL, F, and Ai. For all other terms, unrounded values of at least five figures beyond the decimal point should be used in calculations leading up to the penalty amount. Any NCP calculated under paragraph (a) of this section will be rounded to the nearest dollar in accordance with ASTM E29-67.

(b) The NCP determined in paragraph (a) of this section is assessed against all those engines or vehicles of the nonconforming configuration or engine family produced at all assembly plants and distributed into commerce—

(1) Since the beginning of the model year in the case of a certification failure described by § 86.1106-87(a).

(2) Beginning ten days after an SEA failure described by § 86.1106-87 (b) or (c).

(3) Following implementation of a production running change described by § 86.1106-87(d).

(c) The NCP will continue to be assessed during the model year, until such time, if any, that the configuration or engine family is brought into conformance with applicable emission standards.

(d) A manufacturer may carry over an NCP from a model year to the next model year. There is no limit to the number of years that carryover can continue. The amount of the penalty will increase each year according to paragraph (a) of this section.

(e) The Administrator shall notify the manufacturer in writing of the nonconformance penalty established under paragraph (a) of this section after the completion of the PCA under § 86.1112-87.

(f) A manufacturer may request a hearing under § 86.1115-87 as to whether the compliance level (including a compliance level in excess of the upper limit) was determined in accordance with the procedures in § 86.1112-87(a) or whether the nonconformance penalty was calculated in accordance with the procedures in § 86.1113-87(a). If a nonconformance penalty has been established, such hearing must be requested within fifteen (15) days or such other period as may be allowed by the Administrator after the notification of the nonconformance penalty. If a manufacturer wishes to challenge a compliance level in excess of the upper limit, he must request a hearing within fifteen (15) days or such other period as may be allowed by the Administrator after the completion of the Production Compliance Audit.

(g)(1) Except as provided in paragraph (g)(2) of this section, the nonconformance penalty or penalties assessed under this subpart must be paid as follows:

(i) By the quarterly due dates, i.e., within 30 days of the end of each calendar quarter (March 31, June 30, September 30 and December 31), or according to such other payment schedule as the Administrator may approve pursuant to a manufacturer's request, for all nonconforming engines or vehicles produced by a manufacturer in accordance with paragraph (b) of this section and distributed into commerce for that quarter.

(ii) The penalty shall be payable to U.S. Environmental Protection Agency, NCP Fund, P.O. Box 360277M, Pittsburgh, PA 15251.

(2) When a manufacturer has requested a hearing under § 86.1115-87, it must pay the nonconformance penalty, and any interest, within ten days after the Presiding Officer renders his decision, unless the manufacturer first files a notice of intention to appeal to the Administrator pursuant to § 86.1115-87(t)(1), or, if an appeal of the Presiding Officer's decision is taken, within ten days after the Administrator renders his decision, unless the manufacturer first files a petition for judicial review.

(3) A manufacturer making payment under paragraph (g)(1) or (g)(2) of this section shall submit the following information by each quarterly due date to: Director, Manufacturers Operations Division, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. This information shall be submitted even if a manufacturer has no NCP production in a given quarter.

(i) Corporate identification, identification and quantity of engines or vehicles subject to the NCP, certificate identification (number and date), NCP payment calculations and interest payment calculations, if applicable.

(ii) The following statement and endorsement:

(4) The Administrator may verify the production figures or other documentation submitted under paragraph (g)(3) of this section.

(5)(i) Interest shall be assessed on any nonconformance penalty for which payment has been withheld under § 86.113-87(g) (1) or (2). Interest shall be calculated from the due date for the first quarterly NCP payment, as determined under § 86.1113-87(g)(1), until either the date on which the Presiding Officer or the Administrator renders the final decision of the Agency under § 86.1115-87 or the date when an alternate payment schedule (approved pursuant to § 86.1113-87(g)(1)) ends.

(ii) The combined principal plus interest on each quarterly NCP payment withheld pursuant to § 86.1113-87(g) (1) or (2) shall be calculated according to the formula:

(iii) The number of quarters for which payment is outstanding for purposes of this paragraph shall be the number of quarterly NCP payment due dates, as determined under § 86.1113-87(g)(1), which have elapsed throughout the duration of a hearing request, or alternate payment schedule.

(iv) The interest rate applicable to a quarter for purposes of this paragraph shall be the rate published by the Secretary of the Treasury pursuant to the Debt Collection Act of 1982 and effective on the date on which the NCP payment was originally due.

(6) A manufacturer will be refunded an overpayment, or be permitted to offset an overpayment by withholding a future payment, if approved in advance by the Administrator. The government shall pay no interest on overpayments.

(h) A manufacturer that certifies as a replacement for the nonconforming configuration, a configuration that is in conformance with applicable standards, and that performs a production compliance audit (PCA) in accordance with § 86.1112-87(a) that results in a compliance level below the applicable standard, will be eligible to receive a refund of a portion of the engineering and development component of the penalty. The engineering and development component will be determined by multiplying the base penalty amount by the engineering and development factor for the appropriate subclass and pollutant in § 86.1105-87. The amount refunded will depend on the model year in which the certification and PCA take place. In cases where payment of penalties have been waived by EPA in accordance with paragraph (g)(1)(iii) of this section, EPA will refund a portion of the engineering and development component. The proportionate refund to be paid by EPA will be based on the proportion of vehicles or engines of the nonconforming configuration for which NCPs were paid to EPA. The refund is calculated as follows:

(a) The certificate of conformity is suspended with respect to any engine or vehicle failing pursuant to paragraph (f) of § 86.1112-87 effective from the time that a fail decision is made for that engine or vehicle.

(b) Once a certificate has been suspended for a failed engine or vehicle as provided for in paragraph (a) of this section, the manufacturer shall take the following actions:

(1) Before the certificate is reinstated for that failed engine or vehicle,

(i) Remedy the nonconformity, and

(ii) Demonstrate that the engine or vehicle conforms to the applicable standards or compliance levels by retesting the engine or vehicle in accordance with these regulations; and

(2) Submit a written report to the Administrator within five working days after successful completion of testing on the failed engine or vehicle, which contains a description of the remedy and test results for each engine or vehicle in addition to other information that may be required by this regulation.

(c) The Administrator may suspend the certificate of conformity if the manufacturer, after electing to conduct a PCA, fails to adhere to the requirements stated in § 86.1106-87(b)(3), (b)(6)(iii), (c)(2), or (c)(5)(iii).

(d) The Administrator may suspend the qualified certificate of conformity issued under the conditions specified in § 86.1106-87 if the manufacturer fails to adhere to the requirements stated in § 86.1106-87(a)(3), (a)(4)(iii), (d)(2)(iii), or (d)(3).

(e) The Administrator may suspend the certificate of conformity or the qualified certificate of conformity if the compliance level as determined in § 86.1112-87(a) is in excess of the upper limit.

(f) The Administrator may void the certificate of conformity if the compliance level as determined in § 86.1112-87(a) is in excess of the upper limit and the manufacturer fails to recall any engines or vehicles introduced into commerce pursuant to § 86.1106-87(a)(4)(ii), (b)(6)(ii), (c)(5)(ii) or (d)(2)(ii).

(g) The Administrator may void the certificate of conformity for those engines or vehicles for which the manufacturer fails to meet the requirements of § 86.1106-87(a)(4)(i), (b)(6)(i), (c)(5)(i), or (d)(2)(i).

(h) The Administrator shall notify the manufacturer in writing of any suspension or voiding of a certificate of conformity in whole or in part, except as provided for in paragraph (a) of this section.

(i) A certificate of conformity suspended or voided under paragaph (c), (d), (e), (f) or (g) of this section may be reinstated after a written request by the manufacturer and under such terms and conditions as the Administrator may require and after the manufacturer demonstrates compliance with applicable requirements.

(j) After the Administrator suspends or voids a certificate of conformity pursuant to this section or notifies a manufacturer of his intent to suspend or void a certificate of conformity under § 86.087-30(e), and prior to the commencement of a hearing, if any, under § 86.1115-87, if the manufacturer demonstrates to the Administrator's satisfaction that the decision to suspend or void the certificate was based on erroneous information, the Administrator shall reinstate the certificate.

(a) Applicability. The procedures prescribed by this section shall apply whenever a manufacturer requests a hearing pursuant to § 86.087-30(e)(6)(i), § 86.087-30(e)(7), or § 86.1113-87(f).

(b) Definitions. The following definitions shall be applicable to this section:

(1) Hearing Clerk shall mean the Hearing Clerk of the Environmental Protection Agency.

(2) Manufacturer means a manufacturer contesting a compliance level or penalty determination sent to the manufacturer.

(3) Party means the Agency and the manufacturer.

(4) Presiding Officer shall mean an Administrative Law Judge appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as amended).

(5) Environmental Appeals Board shall mean the Board within the Agency described in § 1.25 of this title. The Administrator delegates authority to the Environmental Appeals Board to issue final decisions in appeals filed under this subpart. Appeals directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered. This delegation of authority to the Environmental Appeals Board does not preclude the Environmental Appeals Board from referring an appeal or a motion filed under this subpart to the Administrator for decision when the Environmental Appeals Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Administrator, all parties shall be so notified and the rules in this part referring to the Environmental Appeals Board shall be interpreted as referring to the Administrator.

(c) Request for public hearing. (1) A manufacturer may request a hearing pursuant to § 86.1113-87(f) if it disagrees with the Administrator's determination of compliance level or penalty calculation or both, or pursuant to § 86.085-30(e)(6)(i) or § 86.085-30(e)(7) if it disagrees with the Administrator's proposed suspension or voiding of a certificate of conformity. Requests for such a hearing shall be filed no later than 15 days:

(i) After receipt of the Administrator's notification of NCP, if the compliance level is in the allowable range of non-conformity, or

(ii) After completion of the Production Compliance Audit, if the compliance level exceeds the upper limit, or

(iii) After receipt of the Administrator's notification of a proposed suspension or voiding of a certificate of conformity if the hearing is requested pursuant to §§ 86.085-30(e)(6)(i) or 86.085-30(e)(7), unless otherwise specified by the Administrator. The manufacturer shall simultaneously serve two copies of this request upon the Director of the Manufacturers Operations Division and file two copies with the Hearing Clerk. Failure of the manufacturer to request a hearing within the time provided constitutes a waiver of the right to a hearing. Subsequent to the expiration of the period for requesting a hearing as of right, the Administrator may, in his discretion and for good cause shown, grant the manufacturer a hearing to contest the compliance level or penalty calculation.

(2) The request for a public hearing shall contain:

(i) A statement as to which vehicle or engine subclasses or configurations are to be the subject of the hearing;

(ii) A concise statement of the issues to be raised by the manufacturer at the hearing for each vehicle or engine subclass or configuration for which the manufacturer has requested the hearing. Provided, however, That in the case of a hearing requested under § 86.1113-87(f), the hearing shall be restricted to the following issues:

(A) Whether the compliance level was determined in accordance with the procedures in § 86.1112-87(a); or

(B) Whether the penalty was calculated in accordance with the procedures in § 86.1113-87(a).

(iii) A statement specifying reasons why the manufacturer believes it will prevail on the merits on each of the issues so raised; and

(iv) A summary of the evidence which supports the manufacturer's position on each of the issues so raised.

(3) A copy of all requests for public hearings shall be kept on file in the Office of the Hearing Clerk and shall be made available to the public during Agency business hours.

(d) Summary decision. (1) In the case of a hearing requested under § 86.1113-87(f) when it clearly appears from the data and other information contained in the request for a hearing that there is no genuine and substantial question of fact with respect to the issues specified in § 86.1115-87(c)(2)(ii), the Administrator will enter an order denying the request for a hearing, and reaffirming the original compliance level determination or penalty calculation.

(2) Any order issued under paragraph (d)(1) of this section shall have the force and effect of a final decision of the Administrator, as issued pursuant to paragraph (v)(4) of this section.

(3) If the Administrator determines that a genuine and substantial question of fact does exist with respect to any of the issues referred to in paragraph (d)(1) of this section, he shall grant the request for a hearing and publish a notice of public hearing in accordance with paragraph (h) of this section.

(e) Filing and service. (1) An original and two copies of all documents or papers required or permitted to be filed pursuant to this section shall be filed with the Hearing Clerk. Filing shall be deemed timely if mailed, as determined by the postmark to the Hearing Clerk within the time allowed by this section. If filing is to be accomplished by mailing, the documents shall be sent to the address set forth in the notice of public hearing as described in paragraph (h) of this section.

(2) To the maximum extent possible, testimony shall be presented in written form. Copies of written testimony shall be served upon all parties as soon as practicable prior to the start of the hearing. A certificate of service shall be provided on or accompany each document or paper filed with the Hearing Clerk. Documents to be served upon the Director of the Manufacturers Operations Division shall be sent by registered mail to: Director, Manufacturers Operations Division, U.S. Environmental Protection Agency (EN-340F), 1200 Pennsylvania Ave., NW., Washington, DC 20460. Service by registered mail is complete upon mailing.

(f) Time. (1) In computing any period of time prescribed or allowed by this section, except as otherwise provided, the day of the act or event from which the designated period of time begins to run shall not be included. Saturdays, Sundays, and Federal legal holidays shall be included in computing any such period allowed for the filing of any document or paper, except that when such a period expires on a Saturday, Sunday, or Federal legal holiday, such period shall be extended to include the next following business day.

(2) A prescribed period of time within which a party is required or permitted to do an act shall be computed from the time of service, except that when service is accomplished by mail, three days shall be added to the prescribed period.

(g)(1) Consolidation. The Administrator of the Presiding Officer in his discretion may consolidate two or more proceedings to be held under this section for the purpose of resolving one or more issues whenever it appears that such consolidation will expedite or simplify consideration of such issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if consolidation had not occurred.

(2) If a vehicle or engine is determined to be in nonconformity during certification testing under subpart A of this part, then the manufacturer may wait to challenge the determination until after production compliance auditing and calculation of his penalty and may consolidate challenges to the determination of nonconformity and the compliance level determination or the penalty calculation, without losing any rights he would otherwise have had.

(3) If a vehicle or engine is determined to be in nonconformity during selective enforcement auditing under subpart K of this part, then the manufacturer must wait to challenge the determination until after the compliance level determination and the penalty calculation, and must consolidate challenges to the determination of nonconformity and the compliance level determination or the calculation of the penalty.

(h) Notice of public hearings. (1) Notice of public hearing under this section shall be given by publication in the Federal Register and by such other means as the Administrator finds appropriate to provide notice to the public. To the extent possible, hearings under this section shall be scheduled to commence within 30 days of receipt of the application in paragraph (c) of this section.

(2) [Revised]

(i) Amicus curiae. Persons not parties to the proceeding wishing to file briefs may do so by leave of the Presiding Officer granted on motion. A motion for leave shall identify the interest of the applicant and shall state the reasons why the proposed amicus brief is desirable.

(j) Presiding Officer. The Presiding Officer shall have the duty to conduct a fair and impartial hearing in accordance with 5 U.S.C. 554, 556 and 557 and to take all necessary action to avoid delay in the disposition of the proceedings and to maintain order. He shall have all power consistent with Agency rules and with the Administrative Procedure Act necessary to this end, including the following:

(1) To administer oaths and affirmations;

(2) To rule upon offers of proof and exclude irrelevant or repetitious material;

(3) To regulate the course of the hearings and the conduct of the parties and their counsel therein;

(4) To hold conferences for simplification of the issues or any other proper purpose;

(5) To consider and rule upon all procedural and other motions appropriate in such proceedings;

(6) To require the submission of direct testimony in written form with or without affidavit whenever, in the opinion of the Presiding Officer, oral testimony is not necessary for full and true disclosure of the facts;

(7) To enforce agreements and orders requiring access as authorized by law;

(8) To require the filing of briefs on any matter on which he is required to rule;

(9) To require any party or any witness, during the course of the hearing, to state his position on any issue;

(10) To take or cause depositions to be taken whenever the ends of justice would be served thereby;

(11) To make decisions or recommend decisions to resolve the disputed issues on the record of the hearing;

(12) To issue, upon good cause shown, protective orders as described in paragraph (n) of this section.

(k) Conferences. (1) At the discretion of the Presiding Officer, conferences may be held prior to or during any hearing. The Presiding Officer shall direct the Hearing Clerk to notify all parties of the time and location of such conference. At the discretion of the Presiding Officer, persons other than parties may attend. At a conference the Presiding Officer may:

(i) Obtain stipulations and admissions, receive requests and order depositions to be taken, identify disputed issues of fact and law, and require or allow the submission of written testimony from any witness or party;

(ii) Set a hearing schedule for as many of the following as are deemed necessary by the Presiding Officer:

(A) Oral and written statements;

(B) Submission of written direct testimony as required or authorized by the Presiding Officer;

(C) Oral direct and cross-examination of a witness where necessary as prescribed in paragraph (p) of this section; and

(D) Oral argument, if appropriate.

(iii) Identify matters of which official notice may be taken;

(iv) Consider limitation of the number of expert and other witnesses;

(v) Consider the procedure to be followed at the hearing; and

(vi) Consider any other matter that may expedite the hearing or aid in the disposition of the issue.

(2) The results of any conference including all stipulations shall, if not transcribed, be summarized in writing by the Presiding Officer and made part of the record.

(l) Primary discovery (exchange of witness lists and documents). (1) At a prehearing conference or within some reasonable time set by the Presiding Officer prior to the hearing, each party shall make available to the other parties the names of the expert and other witnesses the party expects to call, together with a brief summary of their expected testimony and list of all documents and exhibits which the party expects to introduce into evidence. Thereafter, witnesses, documents, or exhibits may be added and summaries of expected testimony amended upon motion by a party.

(2) The Presiding Officer may upon motion by a party or other person, and for good cause shown, by order

(i) Restrict or defer disclosure by a party of the name of a witness or a narrative summary of the expected testimony of a witness, and

(ii) Prescribe other appropriate measures to protect a witness. Any party affected by any such action shall have an adequate opportunity, once he learns the name of a witness and obtains the narrative summary of this expected testimony, to prepare for the presentation of this case.

(m) Other discovery. (1) Except as provided by paragraph (m)(1) of this section, further discovery under this paragraph shall be permitted only upon determination by the Presiding Officer:

(i) That such discovery will not in any way unreasonably delay the proceeding;

(ii) That the information to be obtained is not obtainable voluntarily; and

(iii) That such information has significant probative value. The Presiding Officer shall be guided by the procedures set forth in the Federal Rules of Civil Procedure, where practicable, and the precedents thereunder, except that no discovery shall be undertaken except upon order of the Presiding Officer or upon agreement of the parties.

(2) The Presiding Officer shall order depositions upon oral questions only upon a showing of good cause and upon a finding that:

(i) The information sought cannot be obtained by alternative methods; or

(ii) There is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing.

(3) Any party to the proceeding desiring an order of discovery shall make a motion or motions therefor. Such a motion shall set forth:

(i) The circumstances warranting the taking of the discovery;

(ii) The nature of the information expected to be discovered; and

(iii) The proposed time and place where it will be taken. If the Presiding Officer determines the motion should be granted, he shall issue an order for the taking of such discovery together with the conditions and terms thereof.

(4) Failure to comply with an order issued pursuant to this paragraph may lead to the inference that the information to be discovered would be adverse to the person or party from whom the information was sought.

(n) Protective orders, in camera proceedings. (1) Upon motion by a party or by the person from whom discovery is sought, and upon a showing by the movant that the disclosure of the information to be discovered, or a particular part thereof (other than emission data), would result in methods or processes entitled to protection as trade secrets of the person being divulged, the Presiding Officer may enter a protective order with respect to such material. Any protective order shall contain such terms governing the treatment of the information as may be appropriate under the circumstances to prevent disclosure outside the hearing, provided that the order shall state that the material shall be filed separately from other evidence and exhibits in the hearing. Disclosure shall be limited to parties to the hearing, their counsel and relevant technical consultants, and authorized representatives of the United States concerned with carrying out the Act. Except in the case of the government, disclosure may be limited to counsel for parties who shall not disclose such information to the parties themselves. Except in the case of the government, disclosure to a party or his counsel shall be conditioned on execution of a sworn statement that no disclosure of the information will be made to persons not entitled to receive it under the terms of the protective order. (No such provision is necessary where government employees are concerned because disclosure by them is subject to the terms of 18 U.S.C. 1905.)

(2)(i) A party or person seeking a protective order may be permitted to make all or part of the required showing in camera. A record shall be made of such in camera proceedings. If the Presiding Officer enters a protective order following a showing in camera, the record of such showing shall be sealed and preserved and made available to the Agency or court in the event of appeal.

(ii) Attendance at any in camera proceeding may be limited to the Presiding Officer, representatives of the Agency, and the person or party seeking the protective order.

(3) Any party, subject to the terms and conditions of any protective order issued pursuant to paragraph (n)(1) of this section, that desires to make use of any in camera documents or testimony in the presentation of his case shall apply to the Presiding Officer by motion for permission to do so, and shall state the justification for the motion. The Presiding Officer, in granting any such motion, shall enter an order protecting the rights of the affected persons and parties as far as is practicable, and preventing unnecessary disclosure of such information and testimony concerning such information.

(4) In the submittal of proposed findings, briefs, or other papers, counsel for all parties shall make a good faith attempt to refrain from disclosing the specific details of in camera documents and testimony. This shall not preclude references in such proposed findings, briefs, or other papers to such documents or testimony. This shall not preclude references in such proposed findings, briefs, or other papers marked “confidential,” which shall become part of the in camera record.

(o) Motions. (1) All motions, except those made orally during the course of the hearing, shall be in writing and shall state with particularity the grounds therefore, shall set forth the relief or order sought, and shall be filed with the Hearing Clerk and served upon all parties.

(2) Within such time as may be fixed by the Environmental Appeals Board or the Presiding Officer, as appropriate, any party may serve and file an answer to the motion. The movant shall, if requested by the Environmental Appeals Board or the Presiding Officer, as appropriate, serve and file reply papers, within the time set by the request.

(3) The Presiding Officer shall rule upon all motions filed or made prior to the filing of his decision or accelerated decision, as appropriate. The Environmental Appeals Board shall rule upon all motions filed prior to the appointment of a Presiding Officer and all motions filed after the filing of the decision of the Presiding Officer or accelerated decision. Oral argument of motions will be permitted only if the Presiding Officer or the Environmental Appeals Board, as appropriate, deems it necessary.

(p) Evidence. (1) The official transcripts and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record. Immaterial or irrelevent parts of an admissible document shall be segregated and excluded so far as practicable. Documents or parts thereof subject to a protective order under paragraph (n) of this section shall be segregated. Evidence may be received at the hearing even though inadmissible under the rules of evidence applicable to judicial proceedings. The weight to be given evidence shall be determined by its reliability and probative value.

(2) The Presiding Officer shall allow the parties to examine and cross-examine a witness to the extent that such examination and cross-examination is necessary for a full and true disclosure of the facts.

(3) Rulings of the Presiding Officer on the admissibility of evidence, the propriety of examination and cross-examination and other procedural matters shall appear in the record.

(4) Parties shall automatically be presumed to have taken exception to an adverse ruling.

(q) Record. (1) Hearings shall be stenographically reported and transcribed and the original transcripts shall be part of the record. Copies of the records shall be filed with the Hearing Clerk and made available during Agency business hours for public inspection. Any person who wants a copy of the record of the hearing or any part thereof, except as provided in paragraph (n) of this section, shall be entitled to the same upon payment of the cost thereof.

(2) The official transcripts and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record.

(r) Proposed findings, conclusions. (1) Within 30 days of the close of the reception of evidence, or within such longer time as may be fixed by the Presiding Officer, any party may submit for the consideration of the Presiding Officer proposed findings of fact, conclusions of law, and a proposed order, together with reasons therefore and briefs in support thereof. Such proposals shall be in writing, shall be served upon all parties, and shall contain adequate references to the record and authorities relied upon.

(2) The record shall show the Presiding Officer's ruling on the proposed findings and conclusions except when his order disposing of the proceeding otherwise informs the parties of the action taken by him.

(s) Decision of the Presiding Officer. (1) Unless extended by the Environmental Appeals Board, the Presiding Officer shall issue and file with the Hearing Clerk his decision within 30 days after the period for filing proposed findings has expired, as provided for in paragraph (c) of this section.

(2) The Presiding Officer's decision shall become the decision of the Environmental Appeals Board (i) 10 days after issuance thereof, if no notice of intention to appeal as described in paragraph (t) of this section is filed, unless in the interim the Environmental Appeals Board shall have taken action to review or stay the effective date of the decision; or (ii) 5 days after expiration of the period allowed by paragraph (t)(1) of this section for perfection of an appeal, if a notice of intention to appeal is filed but the appeal is not perfected, unless within that 5 day period the Environmental Appeals Board shall have taken action to review or stay the effective date of the decision;

(3) The Presiding Officer's decision shall include a statement of findings and conclusions, as well as the reasons or basis therefore, upon all the material issues of fact or law presented on the record and an appropriate rule or order. Such decision shall be supported by substantial evidence and based upon a consideration of the whole record.

(4) At any time prior to the issuance of his decision, the Presiding Officer may reopen the proceeding for the reception of further evidence. Except for the correction of clerical errors, the jurisdiction of the Presiding Officer is terminated upon the issuance of his decision.

(t) Appeal from the decision of the Presiding Officer. (1) Any party to a proceeding may appeal the Presiding Officer's decision to the Environmental Appeals Board, Provided, That within 10 days after issuance of the Presiding Officer's decision such party files a notice of intention to appeal and an appeal brief within 20 days of such decision.

(2) When an appeal is taken from the decision of the Presiding Officer, any party may file a brief with respect to such appeal. The brief shall be filed within the same time limits as the appellant's brief.

(3) Any brief filed pursuant to this paragraph shall contain in the order indicated, the following:

(i) A subject index of the matter in the brief, with page references, and a table of cases (alphabetically arranged), textbooks, statutes, and other material cited, with page references thereto;

(ii) A specification of the issues intended to be appealed;

(iii) The argument, presenting clearly the points of fact and law relied upon in support of the position taken on each issue, with specific page references to the record and legal or other material relied upon; and

(iv) A proposed order for the Environmental Appeals Board's consideration if different from the order contained in the Presiding Officer's decision.

(4) No brief in excess of 15 pages shall be filed without leave of the Environmental Appeals Board.

(5) Oral argument will be allowed only in the discretion of the Environmental Appeals Board.

(u) Review of the Presiding Officer's decision in absence of appeal. (1) If, after the expiration of the period for taking an appeal as provided for by paragraph (t) of this section, no notice of intention to appeal the decision of the Presiding Officer has been filed, or if filed, not perfected, the Hearing Clerk shall so notify the Environmental Appeals Board.

(2) The Environmental Appeals Board, upon receipt of notice from the Hearing Clerk that no notice of intention to appeal has been filed, or if filed, not perfected pursuant to paragraph (t)(1) of this section, may, on its own motion, within 14 days after notice from the Hearing Clerk, review the decision of the Presiding Officer. Notice of the intention of the Environmental Appeals Board to review the decision of the Presiding Officer shall be given to all parties and shall set forth the scope of such review and the issues which shall be considered and shall make provisions for filing of briefs.

(v) Decision of appeal or review. (1) Upon appeal from or review of the Presiding Officer's the Environmental Appeals Board shall consider such parts of the record as are cited or as may be necessary to resolve the issues presented and in addition shall, to the extent necessary or desirable, exercise all the powers which it could have exercised if it had presided at the hearing.

(2) In rendering its decision, the Environmental Appeals Board shall adopt, modify, or set aside the findings, conclusions, and order contained in the decision of the Presiding Officer and shall set forth in its decision a statement of the reasons or bases for this action.

(3) In those cases where the Environmental Appeals Board determines that it should have further information or additional views of the parties as to the form and content of the rule or order to be issued, the Environmental Appeals Board, in its discretion, may without final action pending the receipt of such additional information or views, or may remand the case to the Presiding Officer.

(4) Any decision rendered under this paragraph which completed disposition of a case shall be a final decision of the Environmental Appeals Board.

(w) Reconsideration. Any party may file with the Environmental Appeals Board a petition for reconsideration of such decision setting forth the relief desired and the grounds in support thereof. This petition must be filed within 20 days of the issuance of the Environmental Appeals Board's decision, and must be confined to new questions raised by the decision or final order and which the petitioner had no opportunity to argue before the Presiding Officer or the Environmental Appeals Board, unless otherwise specified by the Environmental Appeals Board. Subsequent to the expiration of the period for petitioning for reconsideration, the Environmental Appeals Board may, in its discretion and for good cause shown, grant the manufacturer a hearing to contest the compliance level or the penalty calculation even though such issues may have been raised in the previous proceeding. Any party desiring to oppose such a petition, shall file an answer thereto within 10 days after the filing of the petition. The filing of a petition for reconsideration shall not operate to stay the effective date of the decision or order or to toll the running of any statutory time period affecting such decision or order unless specifically so ordered by the Environmental Appeals Board.

(x) Accelerated decision, dismissal. (1) The Presiding Officer, upon motion of any party or sua sponte, may at any time render an accelerated decision in favor of the Agency or the manufacturer as to all or any part of the proceeding, without further hearing or upon such limited additional evidence such as affidavits as he may require, or dismiss any party with prejudice, for any of the following reasons:

(i) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel;

(ii) The lack of any genuine issue of material fact, causing a party to be entitled to judgment as a matter of law; or

(iii) Such other and further reasons as are just, including specifically, failure to obey a procedural order of the Presiding Officer.

(2) If under this paragraph an accelerated decision is issued as to all the issues and claims joined in the proceeding, the decision shall be treated for the purposes of these procedures as the decision of the Presiding Officer, as provided in paragraph (s) of this section.

(3) If under this paragraph, judgment is rendered on less than all issues or claims in the proceeding, the Presiding Officer shall determine what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. He shall thereupon issue an order specifying the facts which appear without substantial controversy, and the issues and claims upon which the hearing will proceed.

(y) Conclusion of hearing. (1) If, after the expiration of the period for taking an appeal as provided by paragraph (t) of this section, no appeal has been taken from the Presiding Officer's decision, and after the expiration of the period for review by the Environmental Appeals Board on its own motion as provided for by paragraph (u) of this section, the Environmental Appeals Board does not move to review such decision, the hearing will be deemed to have ended at the expiration of all periods allowed for such appeal and review.

(2) If an appeal of the Presiding Officer's decision is taken pursuant to paragraph (t) of this section, or if, in the absence of such appeal the Environmental Appeals Board moves to review the decision of the Presiding Officer pursuant to paragraph (u) of this section, the hearing will be deemed to have ended upon issuance of a final decision by the Environmental Appeals Board.

(z) Judicial review. (1) The Administrator hereby designates the General Counsel of the Environmental Protection Agency as the officer upon whom any copies for judicial review shall be served. Such officer shall be responsible for filing in the court the record on which the order of the Environmental Appeals Board is based.

(2) [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 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).

(a) The provisions of this subpart are applicable to new gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled heavy-duty vehicles.

(b) Provisions of this subpart apply to tests performed by both the Administrator and motor vehicle manufacturers.

(c) Test procedures and equipment other than those described in this subpart may be used by the vehicle manufacturer if shown to yield results which correlate with results yielded by those described in this subpart (with the reference driving schedule described in § 86.1215-85(a)) and if approved in advance by the Administrator.

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

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

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

(a) This subpart describes the equipment required and the procedures to follow in order to determine evaporative emission levels from gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled heavy-duty vehicles.

(b) Three topics are addressed in this subpart. Sections 86.1206 through 86.1215 set forth specifications and equipment requirements; §§ 86.1216 through 86.1226 discuss calibration methods and frequency; test procedures and data requirements are listed in §§ 86.1227 through 86.1246.

This subpart specifies procedures for testing of gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled heavy-duty vehicles. Equipment required and specifications are as follows:

(a) Evaporative emission tests. Section 86.1207 specifies the necessary equipment.

(b) Fuel, analytical gas, and driving schedule specifications. Fuel specifications for emission testing and for service accumulation are specified in § 86.1213. Analytical gases are specified in § 86.1214. Evaporative testing requires vehicle operation on a chassis dynamometer. The driving cycle is specified in § 86.1215.

(a) Testing enclosures—(1) Diurnal emission test. The enclosure shall be readily sealable, rectangular in shape, with space for personnel access to all sides of the vehicle. When sealed, the enclosure shall be gas tight in accordance with § 86.1217-96. Interior surfaces must be impermeable and nonreactive to hydrocarbons (and to methanol, if the enclosure is used for methanol-fueled vehicles). The temperature conditioning system shall be capable of controlling the internal enclosure air temperature to follow the prescribed temperature versus time cycle as specified in § 86.1233-96 and appendix II of this part, within an instantaneous tolerance of ±3.0 °F of the nominal temperature versus time profile throughout the test, and an average tolerance of 2.0 °F over the duration of the test (where the average is calculated using the absolute value of each measured deviation). The control system shall be tuned to provide a smooth temperature pattern that has a minimum of overshoot, hunting, and instability about the desired long-term ambient temperature profile. Interior surface temperatures shall not be less than 40 °F at any time during the diurnal emission test. To accommodate the volume changes due to enclosure temperature changes, either a variable-volume or fixed-volume enclosure may be used for diurnal emission testing:

(i) Variable-volume enclosure. The variable-volume enclosure expands and contracts in response to the temperature change of the air mass in the enclosure. Two potential means of accommodating the internal volume changes are moveable panel(s), or a bellows design, in which impermeable bag(s) inside the enclosure expand and contract in response to internal pressure changes by exchanging air from outside the enclosure. Any design for volume accommodation must maintain the integrity of the enclosure as specified in § 86.1217-96 over the specified temperature range. Any method of volume accommodation shall limit the differential between the enclosure internal pressure and the barometric pressure to a maximum value of ±2.0 inches of water. The enclosure shall be capable of latching to a fixed volume. A variable-volume enclosure must be capable of accommodating a ±7 percent change from its “nominal volume” (see § 86.1217-96(b)), accounting for temperature and barometric pressure variation during testing.

(ii) Fixed-volume enclosure. The fixed-volume enclosure shall be constructed with rigid panels that maintain a fixed enclosure volume, and meet the following requirements.

(A) The enclosure shall be equipped with a mechanism to maintain a fixed internal air volume. This may be accomplished either by withdrawing air at a constant rate and providing makeup air as needed, or by reversing the flow of air into and out of the enclosure in response to rising or falling temperatures. If inlet air is added continuously throughout the test, it should be filtered with activated carbon to provide a relatively low and constant hydrocarbon level. Any method of volume accommodation shall maintain the differential between the enclosure internal pressure and the barometric pressure to a maximum value of ±2.0 inches of water.

(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) Running loss test. The enclosure shall be readily sealable, rectangular in shape, with space for personnel access to all sides of the vehicle. When sealed, the enclosure shall be gas tight in accordance with § 86.1217-96. The enclosure may be equipped with a personnel door, provided that the enclosure can still meet the requirements of § 86.1217-96 with the door installed. Interior surfaces must be impermeable and nonreactive to hydrocarbons and to methanol (if the enclosure is used for methanol-fueled vehicles). Interior surface temperatures shall not be less than 40 °F. If a running loss enclosure meets all the requirements of paragraph (a)(1) of this section, it may be used as a diurnal evaporative emission enclosure. The enclosure must contain a dynamometer that meets the requirements of § 86.1208. Provisions shall be made to remove exhaust gases from the enclosure. During the running loss test, ambient temperatures must be maintained at 95±5 °F (95±2 °F on average). An air or oxygen cylinder with an attached self-contained breathing apparatus may be provided for the vehicle operator. The air required for vehicle operation shall be provided by one of the following methods:

(i) The running loss enclosure may be equipped to supply air to the vehicle, at a temperature of 95±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) Hot soak test. The hot soak test may be conducted by holding the vehicle in an enclosure that meets the requirements for either diurnal emission or running loss tests. The enclosure shall be configured to provide an internal enclosure ambient temperature of 95±10 °F for the first 5 minutes, and 95±5 °F (95±2 °F on average) for the remainder of the hot soak test.

(i) If the hot soak test is conducted in the same enclosure as the immediately preceding running loss test, interior surface temperatures shall not be below 70 °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) Evaporative emission hydrocarbon and methanol analyzers. (1) For gasoline-, liquefied petroleum gas-, natural gas- and methanol-fueled vehicles a hydrocarbon analyzer utilizing the hydrogen flame ionization principle (FID) shall be used to monitor the atmosphere within the enclosure (a heated FID (HFID)(235°±15 °F (113±8 °C)) is recommended for methanol-fueled vehicles). Provided evaporative emission results are not affected, a probe may be used to detect or verify hydrocarbon sources during a running loss test. Instrument bypass flow may be returned to the enclosure. The FID shall have a response time to 90 percent of final reading of less than 1.5 seconds.

(2) For methanol-fueled vehicles, a methanol sampling and analyzing system is required in addition to the FID analyzer. The methanol sampling equipment shall consist of impingers for collecting the methanol sample and appropriate equipment for drawing the sample through the impingers. The analytical equipment shall consist of a gas chromatograph equipped with a flame ionization detector.

(3) The methanol sampling system described in paragraph (b)(2) of this section shall be designed such that, if a test vehicle emitted the maximum allowable level of methanol (based on all applicable standards) during any phase of the test, the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the GC analyzer, and such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. The provisions of this paragraph apply to the design of sampling systems, not to individual tests.

(c) Evaporative emission hydrocarbon and methanol data recording system. (1) The electrical output of the FID used for measuring hydrocarbons (or hydrocarbons plus methanol, as appropriate) shall be recorded at least at the initiation and termination of each running loss and hot soak test, and at least at the initiation and termination of the enclosure sampling period(s) for the diurnal emission test, as described in § 86.1233. The recording may be taken by means of a strip chart potentiometric recorder, by use of an on-line computer system or other suitable means. In any case, the recording system must have operational characteristics (signal-to-noise ratio, speed of response, etc.) equivalent to or better than those of the signal source being recorded, and must provide a permanent record of results. The record shall show a positive indication of the initiation and completion of each hot soak, running loss, or diurnal emission test (including initiation and completion of sampling period(s)), along with the time elapsed during each soak.

(2) For the methanol sample, permanent records shall be made of the following: the volumes of deionized water introduced into each impinger, the rate and time of sample collection and the chromatogram of the analyzed sample.

(d) Fuel temperature control system. Fuel temperatures of the test vehicle shall be controlled, as specified in § 86.1234(g)(1)(xv), with the following combination of fans. The control system shall be tuned and operated to provide a smooth and continuous fuel temperature profile that is representative of the on-road temperature profile. The running loss test configuration should be designed to avoid heating or cooling the fuel tank's vapor space in a way that would cause vapor temperature behavior to be unrepresentative of the vehicle's on-road profile.

(1) A vehicle cooling fan shall discharge air to the front of the vehicle. The fan shall be a road-speed modulated fan that is controlled to a discharge velocity that follows the dynamometer roll speed, at least up to speeds of 30 mph, throughout the driving cycle. If a warning light or gauge indicates that the vehicle's engine coolant has overheated, subsequent test runs on the that vehicle must include a vehicle cooling fan that follows the dynamometer roll speed at all speeds throughout the test cycle. The fan may direct airflow to both the vehicle radiator air inlet(s) and the vehicle underbody.

(2) An additional fan may be used to discharge airflow from the front of the vehicle directly to the vehicle underbody to control fuel temperatures. Such a fan shall provide a total discharge airflow not to exceed 8,000 cfm.

(3) Additional fans may be used to route heating or cooling air directly at the bottom of the vehicle's fuel tank. The air supplied to the tank shall be between 85° 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 § 86.1232(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 § 86.1234-96(g)(1)(xv)). The heating system must not cause hot spots on the tank wetted surface that could cause local overheating of the fuel. Heat must not be applied directly to the tank's vapor space, nor to the liquid-vapor interface.

(e) Temperature recording system. A strip chart potentiometric recorder, an on-line computer system, or other suitable means shall be used to record enclosure ambient temperature during all evaporative emission test segments, as well as vehicle fuel tank temperature during the running loss test. The recording system shall record each temperature at least once every minute. The recording system shall be capable of resolving time to ±15 s and capable of resolving temperature to ±0.75 °F (±0.42 °C). The temperature recording system (recorder and sensor) shall have an accuracy of ±3 °F (±1.7 °C). The recorder (data processor) shall have a time accuracy of ±15 s and a precision of ±15 s. Enclosures shall be equipped with two ambient temperature sensors, connected to provide one average output, located 3 feet above the floor at the approximate mid-length of each side wall of the enclosure and within 3 to 12 inches of each side wall. For diurnal emission testing, an additional temperature sensor shall be located underneath the vehicle to provide a temperature measurement representative of the air temperature under the fuel tank. For running loss testing, an ambient temperature sensor shall be located at the inlet to the fan that provides engine cooling. Manufacturers shall arrange that vehicles furnished for testing at federal certification facilities be equipped with temperature sensors for measurement of fuel tank temperatures. Vehicles shall be equipped with two temperature sensors installed to provide an average liquid fuel temperature. The temperature sensors shall be placed to measure the temperature at the mid-volume of the liquid fuel at a fill level of 40 percent of nominal tank capacity. An additional temperature sensor may be placed to measure vapor temperatures approximately at the mid-volume of the vapor space, though measurement of vapor temperatures is optional during the running loss test. In-tank temperature sensors are not required for the supplemental two-diurnal test sequence specified in § 86.1230-96.

(f) Pressure recording system. A strip chart potentiometric recorder, an on-line computer system, or other suitable means, shall be used to record the enclosure gage pressure for any testing in an enclosure, as well as the vehicle's fuel tank pressure during the running loss test and the outdoor driving procedure specified in § 86.1229-85(d). Fuel tank pressure measurement and recording equipment are optional during the running loss test. The recording system shall record each pressure at least once every minute. The recording system shall be capable of resolving time to ±15 s and capable of resolving pressure to ±0.1 inches of water. The pressure recording system (recorder and sensor) shall have an accuracy of ±1.0 inch of water. The recorder (data processor) shall have a time accuracy of ±15 s and a precision of ±15 s. The pressure transducer shall be installed to measure the pressure in the vapor space of the fuel tank.

(g) Purge blower. One or more portable or fixed blowers shall be used to purge the enclosure. The blowers shall have sufficient flow capacity to reduce the enclosure hydrocarbon and/or methanol concentration from the test level to the ambient level between tests. Actual flow capacity will depend upon the time available between tests.

(h) Mixing blower. Blowers or fans shall be used to mix the enclosure contents during evaporative emission testing. The inlets and outlets of the air circulation blower(s) shall be configured to provide a well dispersed air circulation pattern that produces effective internal mixing and avoids significant temperature or hydrocarbon stratification. Maintenance of uniform concentrations throughout the enclosure is important to the accuracy of testing.

(1) Diurnal emission test. Blowers or fans shall have a capacity of 0.8±0.2 cfm per cubic foot of the nominal enclosure volume for mixing in the enclosure. Additional fans may be used to maintain a minimum wind speed of 5 mph (8 km/h) under the fuel tank of the test vehicle.

(2) Running loss test. Blowers or fans shall have a total capacity of at least 1.0 cfm per cubic foot of the nominal enclosure volume.

(3) Hot soak test. Blowers or fans must have a capacity of 0.8±0.2 cfm per cubic foot of the nominal enclosure volume. Circulated air shall not be aimed directly at the vehicle.

(i) Point-source running loss measurement facility. Some system requirements pertain specifically to running loss testing by the point-source method, in which emissions from potential sources are collected and routed to a sampling system. Emissions are sampled with the same equipment and techniques as for exhaust emission measurement. The test environment must contain a dynamometer that meets the requirements of § 86.108. During the running loss test, ambient temperatures must be maintained at 95±5 °F (95±2 °F on average). An air or oxygen cylinder with an attached self-contained breathing apparatus may be provided for the vehicle operator.

(1) The running loss vapor vent collection system shall be configured to collect all running loss emissions from each of the discrete point sources that function as vehicle fuel system vapor vents, and transport the collected vapor emissions to a CFV- or PDP-based dilution and measurement system. The collection system shall consist of a collector at each vehicle vapor vent, lengths of heated sample line connecting each collector to the inlet of the heated sample pump, and lengths of heated sample line connecting the outlet of the heated sample pump to the inlet of the running loss fuel vapor sampling system. Up to 3 feet of unheated line connecting each of the vapor collectors to the heated sample lines shall be allowed. Each heated sample pump and its associated sample lines shall be maintained at a temperature between 175 °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 the point-source method without heating sample lines or pumps.

(2) The running loss fuel vapor sampling system shall be a CFV- or PDP-based dilution and measurement system that further dilutes the running loss fuel vapors collected by the vapor vent collection system(s) with ambient air, collects continuously proportional samples of the diluted running loss vapors and dilution air in sample bags, and measures the total dilute flow through the sampling system over each test interval. In practice, the system shall be configured and operated in a manner that is directly analogous to an exhaust emissions constant volume sampling system, except that the input flow to the system is the flow from the running loss vapor vent collection system(s) instead of vehicle exhaust flow. The system shall be configured and operated to meet the following requirements:

(i) The running loss fuel vapor sampling system shall be designed to measure the true mass of fuel vapor emissions collected by the running loss vapor vent collection system from the specified fuel vapor vents. The total volume of the mixture of running loss emissions and dilution air shall be 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.

The test fuels listed in 40 CFR part 1065, subpart H, shall be used for evaporative emission testing.

Use the fuels specified in subpart N of this part for evaporative emission testing.

(a) Analyzer gases. (1) Gases for the hydrocarbon analyzer shall be:

(i) Single blends of propane using air as the diluent; and

(ii) Optionally, for response factor determination, single blends of methanol using air as the diluent.

(2) Fuel for the evaporative emission enclosure FID (or HFID for methanol-fueled vehicles) shall be a blend of 40 ±2 percent hydrogen with the balance being helium. The mixture shall contain less than 1 ppm equivalent carbon response. 98 to 100 percent hydrogen fuel may be used with advance approval by the Administrator.

(3) The allowable zero air impurity concentration shall not exceed 1 ppm equivalent carbon response.

(4) “Zero grade air” includes artificial “air” consisting of a blend of nitrogen and oxygen with oxygen concentrations between 18 and 21 mole percent.

(5) The use of proportioning and precision blending devices to obtain the required analyzer gas concentrations is allowable provided their use has been approved in advance by the Administrator.

(b) Calibration gases (not including methanol) shall be traceable to within one percent of NIST (formerly NBS) gas standards, or other gas standards which have been approved by the Administrator.

(c) Span gases (not including methanol) shall be accurate to within two percent of true concentration, where true concentration refers to NIST (formerly NBS) gas standards, or other gas standards which have been approved by the Administrator.

(d) Methanol in air gases used for response factor determination shall:

(1) Be traceable to within ±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)(1) The EPA dynamometer driving schedule for heavy-duty vehicles is a 1060 second transient speed versus time cycle which is designed to simulate gasoline-fueled HDV operation in urban areas. A second by second listing of this schedule is given in appendix I(d) of this part. Thirty-three percent of the cycle is idle operation, and the average vehicle speed is 18.9 mph (30.4 km/hr). The Administrator will use this driving schedule when conducting evaporative emission tests, as described in § 86.1230-96.

(2) For evaporative emission testing of heavy-duty vehicles a manufacturer may optionally use the dynamometer driving schedule for light-duty vehicles and light-duty trucks specified in appendix I(a) of this part. This driving schedule may not be used for exhaust emissions testing of heavy-duty vehicles. If the manufacturer chooses to use this option, the Administrator will use this driving schedule when conducting evaporative emission tests, as described in § 86.1230-96.

(b) The driver should attempt to follow the target schedule as closely as possible. The speed tolerance at any given time for these schedules, or for a driver's aid chart approved by the Administrator, are as follows:

(1) The upper limit is 4 mph (6.4 km/h) higher than the highest point on the trace within 1 second of the given time.

(2) The lower limit is 4 mph (6.4 km/h) lower than the lowest point on the trace within 1 second of the given time.

(3)(i) Speed variations greater than the tolerances (such as may occur during gear changes or braking spikes) are acceptable, provided they occur for less than 2 seconds on any occasion and are clearly documented as to the time and speed at that point of the driving schedule.

(ii) When conducted to meet the requirements of § 86.1229, up to three additional occurrences of speed variations greater than the tolerance are acceptable, provided they occur for less than 15 seconds on any occasion, and are clearly documented as to the time and speed at that point of the driving schedule.

(4) Speeds lower than those prescribed are acceptable, provided the vehicle is operated at maximum available power during such occurrences.

(a) Calibrations shall be performed as specified in §§ 86.1217 through 86.1226.

(b) At least yearly or after any maintenance which could alter background emission levels, enclosure background emission measurements shall be performed.

(c) At least monthly or after any maintenance which could alter calibration, the following calibrations and checks shall be performed:

(1) Calibrate the hydrocarbon analyzer (see § 86.1221). Certain analyzers may require more frequent calibration depending on particular equipment and uses.

(2) Calibrate the dynamometer. If the dynamometer receives a weekly performance check (and remains within calibration) the monthly calibration need not be performed (see § 86.1218).

(3) Perform a hydrocarbon retention check and calibration on the evaporative emission enclosure (see § 86.1217).

(d) At least twice annually or after any maintenance perform a methanol retention check and calibration on the evaporative emission enclosure (see § 86.1217).

(e) Calibrate the methanol analyzer as often as required by the manufacturer or as necessary according to good practice.

The calibration of evaporative emission enclosures consists of three parts: initial and periodic determination of enclosure background emissions (hydrocarbons and methanol); initial determination of enclosure internal volume; and periodic hydrocarbon and methanol retention check and calibration. Methanol measurements may be omitted if methanol-fueled vehicles will not be tested in the evaporative enclosure. Alternate calibration methods may be used if shown to yield equivalent or superior results, and if approved in advance by the Administrator; specifically, more extreme temperatures may be used for determining calibration without affecting the validity of test results.

(a) Initial and periodic determination of enclosure background emissions. Prior to its introduction into service, annually thereafter, and after any repair that can affect the enclosure background emissions, the enclosure shall be checked to determine that it does not contain materials that will themselves emit hydrocarbons or methanol. When methanol as well as hydrocarbons are present in the evaporative enclosure, the HFID hydrocarbon concentration measurement includes the partial response of the HFID to methanol plus the hydrocarbons. Determination of the HFID response to methanol, § 86.1221, prior to its being placed in service is required for the determination of hydrocarbons. Proceed as follows:

(1) Prepare the enclosure. (i) Variable-volume enclosures may be operated in either latched or unlatched volume configuration, as described in paragraph (b)(1) of this section. Ambient temperatures shall be maintained at 96±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 CHCi, CCH 3 OHi, and PBi, Ti for the enclosure background determination.

(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, CHCf and CCH 3 OHf. Also measure final temperature and barometric pressure.

(9) Calculate the mass change of methanol, hydrocarbons, and hydrocarbons plus methanol in the enclosure according to the equations in paragraph (d) of this section.

(i) Diurnal enclosures. The enclosure background emissions (hydrocarbons plus methanol) shall not be greater than 0.05g for the 4 hours.

(ii) Running loss enclosures. The enclosure background emissions (hydrocarbons plus methanol) shall not be greater than 0.2 grams for the 4 hours.

(b) Initial determination of enclosure internal volume. Prior to its introduction into service the enclosure internal volume shall be determined by the following procedure:

(1) Carefully measure the internal length, width and height of the enclosure, accounting for irregularities (such as braces) and calculate the internal volume. For variable-volume enclosures, latch the enclosure to a fixed volume when the enclosure is held at a constant temperature; this nominal volume shall be repeatable within ±0.5 percent of the reported value.

(2)-(3) [Reserved]

(c) Hydrocarbon and methanol (organic gas) retention check and calibration. The hydrocarbon and methanol (if the enclosure is used for methanol-fueled vehicles) retention check provides a check upon the calculated volume and also measures the leak rate. The enclosure leak rate shall be determined prior to its introduction into service, following any modifications or repairs to the enclosure that may affect the integrity of the enclosure, and at least monthly thereafter. If six consecutive monthly retention checks are successfully completed without corrective action, the enclosure leak rate may be determined quarterly thereafter as long as no corrective action is required.

(1) An enclosure to be used for the diurnal emission test (see § 86.1233-96) shall be calibrated according to the following procedure. Calibration for hydrocarbon and methanol may be conducted simultaneously or in sequential test runs.

(i) Zero and span (calibrate if required) the hydrocarbon analyzer.

(ii) Purge the enclosure until a stable background hydrocarbon reading is obtained.

(iii) Turn on the mixing blowers (if not already on).

(iv) [Reserved]

(v) Turn on the ambient temperature control system (if not already on) and adjust it for an initial temperature of 96 °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 CHCi, CCH 3 OHi, Ti, and PBi for the enclosure calibration.

(vii) Inject into the enclosure 2 to 6 grams of pure methanol at a temperature of at least 150 °F (65 °C) and/or 2 to 6 grams of pure propane. The injected quantity may be measured by volume flow or by mass measurement. The method used to measure the quantity of methanol and propane shall have an accuracy of ±0.2 percent of the measured value (less accurate methods may be used with the advance approval of the Administrator).

(viii) After a minimum of 5 minutes of mixing, analyze the enclosure atmosphere for hydrocarbon and methanol content, also record temperature and pressure. These measurements are the final readings for the enclosure calibration as well as the initial readings for the retention check.

(ix) To verify the enclosure calibration, calculate the mass of propane and the mass of methanol using the measurements taken in paragraphs (c)(1)(vi) and (viii) of this section. See paragraph (d) of this section. This quantity must be within ±2 percent of that measured in paragraph (c)(1)(vii) of this section. (For calendar years through 1995, 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 § 86.1233-96 and appendix II of this part, within 15 minutes of sealing the enclosure.

(xii) At the completion of the 24-hour cycling period, analyze the enclosure atmosphere for hydrocarbon and methanol content; determine the net withdrawn methanol (in the case of diurnal emission testing with fixed-volume enclosures); record temperature and barometric pressure. These are the final readings for the hydrocarbon and methanol retention check. The final hydrocarbon and methanol mass, calculated in paragraph (d) of this section, shall be within 3 percent of that determined in paragraph (c)(1)(viii) of this section. (For calendar years through 1995, the difference may exceed ±3 percent for methanol, provided it does not exceed ±6 percent.)

(2) An enclosure to be used for the running loss test (see § 86.1234-96) shall meet the calibration and retention requirements of § 86.1217-90(c).

(3) Enclosures calibrated according to the procedures specified in either paragraph (c)(1) or (c)(2) of this section may be used for hot soak testing (see § 86.1238).

(4) The Administrator, upon request, may waive the requirement to comply with ±2 percent methanol recovery tolerance, and/or the ±3 percent retention tolerance and instead require compliance with higher tolerances (not to exceed ±6 percent for recoveries and ±8 for retention), provided that:

(i) The Administrator determines that compliance with these specified tolerances is not practically feasible; and

(ii) The manufacturer makes information available to the Administrator which indicates that the calibration tests and their results are consistent with good laboratory practice, and that the results are consistent with the results of calibration testing conducted by the Administrator.

(d) Calculations. (1) The calculation of net methanol and hydrocarbon mass change is used to determine enclosure background and leak rate. It is also used to check the enclosure volume measurements. The methanol mass change is calculated from the initial and final methanol samples, the net withdrawn methanol (in the case of diurnal emission testing with fixed-volume enclosures), and initial and final temperature and pressure according to the following equation:

(i) MCH3OH=Methanol mass change, µg.

(ii) V=Enclosure volume, ft3, as measured in paragraph (b)(1) of this section.

(iii) [Reserved]

(iv) [Reserved]

(v) VE=Volume of sample withdrawn, ft3. Sample volumes must be corrected for differences in temperature to be consistent with determination of Vn, prior to being used in the equation.

(vi) PB=Barometric pressure at time of sampling, in. Hg.

(vii) CMS=GC concentration of test sample.

(viii) AV=Volume of absorbing reagent in impinger.

(ix) i=Initial sample.

(x) f=Final sample.

(xi) 1=First impinger.

(xii) 2=Second impinger.

(xiii) MCH3OH,out=mass of methanol exiting the enclosure, in the case of fixed-volume enclosures for diurnal emission testing, µg.

(xiv) MCH3OH,in=mass of methanol entering the enclosure, in the case of fixed-volume enclosures for diurnal emission testing, µg.

(2) The hydrocarbon mass change is calculated from the initial and final FID readings of hydrocarbon concentration, methanol concentration with FID response to methanol, temperature, and pressure according to the following equation:

(i) MHC=Hydrocarbon mass change, g.

(ii) CHC=FID hydrocarbon concentration as ppm carbon including FID response to methanol in the sample.

(iii) CCH3OH=Methanol concentration as ppm carbon

(iv) V=Enclosure volume ft3 (m3), as measured in paragraph (b)(1) of this section.

(v) r=FID response factor to methanol.

(vi) PB=Barometric pressure, in. Hg. (kPa).

(vii) T=Enclosure ambient temperature, R(K).

(viii) i=Indicates initial reading.

(ix) f=Indicates final reading.

(x)(A) k=3.05.

(B) For SI units, k=17.60.

(xi) MHC,out=mass of hydrocarbon exiting the enclosure, in the case of fixed-volume enclosures for diurnal emission testing, g.

(xii) MHC,in=mass of hydrocarbon entering the enclosure, in the case of fixed-volume enclosures for diurnal emission testing, g.

(3) For variable-volume enclosures, defined in § 86.1207(a)(1)(i), the following simplified form of the hydrocarbon mass change equation may be used:

(e) Calibration of equipment for point-source testing of running losses. For the point-source method, the running loss fuel vapor sampling system shall be calibrated as a CVS system, as specified in § 86.119, with the additional specification that the vapor sampling system verification be conducted as follows:

(1) The following “gravimetric” technique can be used to verify that the vapor sampling system and analytical instruments can accurately measure a mass of gas that has been injected into the system. If the vapor sampling system will be used only in the testing of petroleum-fueled engines, system verification may be performed using propane. If the vapor sampling system will be used with methanol-fueled vehicles as well as petroleum-fueled vehicles, the system verification performance check must include a methanol check in addition to the propane check. (Verification can also be accomplished by constant flow metering using critical flow orifice devices.)

(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 § 86.1244 are performed in the normal way, except in the case of propane. The density of propane (17.30 g/ft3/carbon atom (0.6109 kg/m3/carbon atom)) is used in place of the density of exhaust hydrocarbons. In the case of methanol, the density of 37.71 g/ft3 (1.332 kg/m3) is used.

(vi) The gravimetric mass is subtracted from the vapor sampling system measured mass and then divided by the gravimetric mass to determine the percent accuracy of the system.

(vii) The cause for any discrepancy greater than ±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 Heavy-Duty Vehicle Urban Dynamometer Driving Schedule, as described in § 86.1215 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. The calibration shall consist of the manufacturer's recommended calibration procedure plus a determination of the dynamometer frictional power absorption. If the dynamometer is to be used for driving only the reference (transient) schedule, the frictional power absorption needs to be determined only at 50.0 mph (80.5 km/hr). If the dynamometer is to be used for driving the steady-state cycle, the frictional power absorption needs to be determined through the range of 15 to 50 mph. One method for determining dynamometer frictional power absorption at 50.0 mph (80.5 km/hr) is described below. The same general method can be used at other speeds. Other methods may be used if shown to yield equivalent results. The measured absorbed road power includes the dynamometer friction as well as the power absorbed by the power absorption unit. The dynamometer is driven above the test speed range. The device used to drive the dynamometer is then disengaged from the dynamometer and the roll(s) is (are) allowed to coastdown. The kinetic energy of the system is dissipated by the dynamometer. This method neglects the variations in roll bearing friction due to the drive axle weight of the vehicle. In the case of dynamometers with paired rolls, the inertia and power absorption of the free (rear) roll may be neglected if its inertia is less than 3.0 percent of the total equivalent inertia required for vehicle testing.

(1) Devise a method to determine the speed of the roll(s) to be measured for power absorption. A fifth wheel, revolution pickup, or other suitable means may be used.

(2) Place a vehicle on the dynamometer or devise another method of driving the dynamometer.

(3) If the dynamometer is capable of simulating more than a single inertia mass, engage the inertial flywheel or other inertial simulation system for the most common vehicle mass category for which the dynamometer is used. In addition, other vehicle mass categories may be calibrated, if desired.

(4) Drive the dynamometer up to 50 mph (80.5 km/hr).

(5) Record indicated road power.

(6) Drive the dynamometer up to 60 mph (96.9 km/hr).

(7) Disengage the device used to drive the dynamometer.

(8) Record the time for the dynamometer roll(s) to coastdown from 55.0 mph (88.5 km/hr) to 45.0 mph (72.4 km/hr).

(9) Adjust the power absorption unit to a different level.

(10) Repeat steps (4) to (8) above sufficient times to cover the range of road power used.

(11) Calculate absorbed road power (HPd). (See paragraph (c) of this section.)

(12) Plot indicated road load power at 50 mph (80.5 km/hr) versus road load power at 50 mph (80.5 km/hr).

(b) The performance check consists of conducting a dynamometer coastdown and comparing the coastdown time to that recorded during the last calibration. If the coastdown times differ by more than 1 second or by 5 percent of the time recorded during the last calibration, whichever is greater, a new calibration is required.

(c) Calculations. The road load power actually absorbed by each roll assembly (or roll-inertia weight assembly) of the dynamometer is calculated from the following equation:

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

The FID hydrocarbon analyzer shall receive the following initial and periodic calibrations.

(a) Initial and periodic optimization of detector response. Prior to its introduction into service and at least annually thereafter, the FID hydrocarbon analyzer shall be adjusted for optimum hydrocarbon response. (The HFID used with methanol-fueled vehicles shall be operated at 235° ±15 °F (113° ±8 °C)). Analyzers used with gasoline-fuel and liquefied petroleum gas-fuel shall be optimized using propane. Analyzers used with natural gas-fuel may be optimized using methane, or if calibrated using propane the FID response to methane shall be determined and applied to the FID hydrocarbon reading. Alternate methods yielding equivalent results may be used, if approved in advance by the Administrator.

(1) Follow the manufacturer's instructions or good engineering practice for instrument startup and basic operating adjustment using the appropriate FID fuel and zero-grade air.

(2) Optimize on the most common operating range. Introduce into the analyzer a propane (or methane as appropriate) in air mixture with a propane (or methane as appropriate) concentration equal to approximately 90 percent of the most common operating range.

(3) Select an operating FID fuel flow rate that will give near maximum response and least variation in response with minor fuel flow variations.

(4) To determine the optimum air flow, use the FID fuel flow setting determined above and vary air flow.

(5) After the optimum flow rates have been determined, record them for future reference.

(b) Initial and periodic calibration. Prior to its introduction into service and monthly thereafter the FID hydrocarbon analyzer shall be calibrated on all normally used instrument ranges, and, if applicable, the methanol response factor shall be determined (paragraph (c) of this section). Use the same flow rate as when analyzing sample.

(1) Adjust analyzer to optimize performance.

(2) Zero the hydrocarbon analyzer with zero-grade air.

(3) Calibrate on each normally used operating range with propane in air (or methane in air as appropriate) calibration gases having nominal concentrations of 15, 30, 45, 60, 75 and 90 percent of that range. For each range calibrated, if the deviation from a least squares best-fit straight line is two percent or less of the value at each data point, concentration values may be calculated by use of a single calibration factor for that range. If the deviation exceeds two percent at any point, the best-fit non-linear equation which represents the data to within two percent of each test point shall be used to determine concentration.

(c) FID response factor to methanol. When the FID analyzer is to be used for the analysis of hydrocarbon samples containing methanol, the methanol response factor of the analyzer shall be established. The methanol response factor shall be determined at several concentrations in the range of concentrations in the exhaust sample, using either bag samples or gas bottles meeting the requirements of § 86.114.

(1) The bag sample of methanol for analysis in the FID, if used, shall be prepared using the apparatus shown in Figure M90-1. A known volume of methanol is injected, using a microliter syringe, into the heated mixing zone (250 °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 with an accuracy of ±2 percent.

(2) The bag sample is analyzed using the FID.

(3) The FID response factor, r, is calculated as follows:

r = FIDppm/SAMppm

(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, m3.

(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, m3.

(viii) Mol. Wt. CH3OH = 32.04.

(d) The gas chromatograph used in the analysis of methanol samples shall be calibrated at least monthly following manufacturers' recommended procedures (certain equipment may require more frequent calibration based on use and good engineering judgment).

(e) FID response factor to methane. When the FID analyzer to be used for the analysis of natural gas-fueled vehicle hydrocarbon samples has been calibrated using propane, the methane response factor of the analyzer shall be established. To determine the total hydrocarbon FID response to methane, known methane in air concentrations traceable to National Institute of Standards and Technology (NIST) shall be analyzed by the FID. Several methane concentrations shall be analyzed by the FID in the range of concentrations in the exhaust sample. The total hydrocarbon FID response to methane is calculated as follows:

(1) rCH4 = FID response factor to methane.

(2) FIDppm = FID reading in ppmC.

(3) SAMppm = the known methane concentration in ppmC.

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

(a) The overall test consists of prescribed sequences of fueling, parking, and operating conditions. Vehicles are tested only for evaporative emissions.

(b) The evaporative emission test (gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, and methanol-fueled vehicles) is designed to determine hydrocarbon and/or methanol evaporative emissions as a consequence of diurnal temperature fluctuation urban driving and hot soaks during engine-off periods. It is associated with a series of events representative of heavy-duty vehicle operation, which result in hydrocarbon and/or methanol vapor losses. The test procedure is designed to measure:

(1) Diurnal emissions resulting from daily temperature changes (as well as relatively constant resting losses), measured by the enclosure technique (see § 86.1233);

(2) Running losses resulting from a simulated trip on a chassis dynamometer, measured by the enclosure or point-source technique (see § 86.1234; this test is not required for gaseous-fueled vehicles); and

(3) Hot soak losses, which result when the vehicle is parked and the hot engine is turned off, measured by the enclosure technique (see § 86.1238).

(c) Background concentrations are measured for all species for which emissions measurements are made. For evaporative testing, this requires measuring initial concentrations. (When testing methanol-fueled vehicles, manufacturers may choose not to measure background concentrations of methanol, and then assume that the concentrations are zero during calculations.)

(a) All test conditions, except as noted, shall be run in a manner representative of in-use operation, and where appropriate, according to the manufacturer's recommendation to the ultimate purchaser.

(b) Except for the first idle mode, idle modes less than one minute in length shall be run with automatic transmissions in “Drive” and the wheels braked; manual transmissions shall be in gear with the clutch disengaged, except first idle. The first idle mode and idle modes longer than one minute in length shall be run with automatic transmissions in “Neutral,” and manual transmissions shall be in “Neutral” with the clutch engaged (clutch may be disengaged for engine start-up).

(c) The vehicle shall be driven with minimum accelerator pedal movement to maintain the desired operation.

(d) Accelerations shall be driven smoothly according to the manufacturer's recommendation to the ultimate purchaser. For manual transmissions, the operator shall accomplish each shift with minimum time. If the vehicle cannot accelerate at the specified rate, the vehicle shall be operated at maximum available power until the vehicle speed reaches the value prescribed for that time in the driving schedule.

(e) For those deceleration modes which decelerate to zero, manual transmission clutches shall be depressed when the speed drops below 15 mph (24.1 km/hr), when engine roughness is evident, or when engine stalling is imminent.

(a) Flywheels, electrical or other means of simulating inertia shall be used. The value of equivalent inertia weight shall be within 250 pounds of the loaded vehicle weight (LVW). Loaded vehicle weight is defined as follows:

(1) For test vehicles which have an actual weight less than 0.5 × (GVWR),

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

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

(2) The road load power used shall be determined from the following equation:

(c) [Reserved]

(d) Fuel temperature profile—(1) General requirements. (i) To be tested for running losses, as specified in § 86.1234, a vehicle must have a fuel temperature profile. The following procedure is used to generate the fuel temperature profile, which serves as a target for controlling fuel temperatures during the running loss test. This profile represents the fuel temperature change that occurs during on-road driving. If a vehicle has more than one fuel tank, a profile shall be established for each tank. Manufacturers may also simultaneously generate a profile for vapor temperatures.

(ii) If a manufacturer uses a vehicle model to develop a profile to represent multiple models, the vehicle model selected must have the greatest expected fuel temperature increase during driving of all those models it represents. Also, manufacturers must select test vehicles with any available vehicle options that increase fuel temperatures during driving (for example, any feature that limits underbody airflow).

(iii) Manufacturers may conduct testing to develop fuel temperature profiles in a laboratory setting, subject to approval by the Administrator. The laboratory facility should simulate outdoor testing to reproduce fuel and vapor temperature behavior over the specified driving schedule. The design of the laboratory facility should include consideration of any parameters that may affect fuel temperatures, such as solar loading, pavement heat, and relative wind velocities around and underneath the test vehicle. Indoor testing to develop the fuel temperature profiles must be conducted with little or no vehicle-specific adjustment of laboratory parameters. Manufacturers would need to maintain an ongoing demonstration of correlation between laboratory and outdoor measurement of fuel temperatures. Specifically, fuel temperatures and pressures from indoor driving should be at least as high as measured when driving outdoors according to the procedures described in this section.

(iv) Small-volume manufacturers, as defined in § 86.094-14(b)(1), may use an alternate method for generating fuel temperature profiles, subject to the approval of the Administrator.

(v) The Administrator may conduct testing to establish any vehicle's temperature profiles or to verify compliance with fuel tank pressure requirements.

(2) Vehicle instrumentation. (i) The vehicle must be equipped with temperature sensors and pressure transducers, as described in § 86.1207-96(e) and (f), and a driver's aid, which shall be configured to provide the test driver with the desired vehicle speed vs. time trace and the actual vehicle speed.

(ii) A computer, data logger, or strip chart data recorder shall record the following parameters at a minimum during the test run:

(A) Desired speed;

(B) Actual speed;

(C) Instantaneous average liquid fuel temperature (Tliq); and

(D) Vapor space pressure (the Administrator may omit measurement of fuel tank pressure).

(iii) The data recording system described in paragraph (d)(2)(ii) of this section shall be capable of resolving time to ±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) Ambient conditions. The procedure shall be run under the following ambient conditions. Conditions should be representative of sunny summer days.

(i) Starting ambient temperature (Tamb,o) shall be at least 95 °F, steady or increasing (no more than 2 °F drop) during the procedure. Ambient temperature shall be measured and recorded in regular intervals of at least once every 5 minutes. Measure ambient temperature with the following requirements (based on Federal Standard for Siting Meteorological Sensors at Airports, FCM-S4-1987). The sensors shall be mounted 5±1 feet (1.5±0.3 meters) above ground level. The sensors shall be protected from radiation from the sun, sky, earth, and any other surrounding objects, but at the same time be adequately ventilated. The sensors shall be installed in such a position as to ensure that measurements are representative of the free air circulation in the locality and not influenced by artificial conditions such as large buildings, cooling towers, and expanses of concrete and tarmac. Keep any grass and vegetation within 100 feet (30 meters) of the sensor clipped to a height of about 10 inches (25 centimeters) or less.

(ii) Wind conditions shall be calm to light with maximum wind speed of 15 mph. In the case of temporary gusting, wind speeds between 15 and 25 mph may occur for up to 5 percent of the total driving time without invalidating the data collection. Wind speed shall be measured and recorded in regular intervals of at least once per minute. Measure wind speed with the following requirements (based on Federal Standard for Siting Meteorological Sensors at Airports, FCM-S4-1987). The site should be relatively level, but small gradual slopes are acceptable. The sensor shall be mounted 30 to 33 feet (9 to 10 meters) above the average ground height within a radius of 500 feet (150 meters). The sensor height shall not exceed 33 feet, except as necessary to be at least 15 feet (5 meters) above the height of any obstruction (e.g. vegetation, buildings, etc.) within a 500 foot (150 meter) radius. An object is considered to be an obstruction if the included lateral angle from the sensor to the ends of the object is 10 degrees or more.

(iii) Road surface temperature shall be at least 125 °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) Profile determination procedure. (i) Drain the fuel tank(s) and fill with test fuel to the “tank fuel volume” defined in § 86.082-2. The test fuel should meet the specifications of § 86.1213, except that fuel with a lower volatility may be used, subject to Administrator approval. Manufacturers using a lower volatility fuel must generate a vapor temperature profile for demonstrating compliance with the limit on fuel tank pressure during the running loss test (see § 86.1234-96).

(ii) The vehicle shall be moved to the location where the data is to be collected. It may be driven a maximum distance of 5 miles and may also be transported by other means. The vehicle shall be stabilized by one of the following methods:

(A) The vehicle shall be parked for a minimum of 12 hours in an open area on a surface that is representative of the test road, without any artificial heating or cooling of the fuel. The orientation of the front of the vehicle during parking (e.g., N, SW, etc.) shall be documented.

(B) The vehicle may be soaked in a temperature-controlled environment to stabilize fuel temperatures. Before starting the drive, the vehicle shall be stabilized with fuel temperatures 95±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 § 86.1234-96(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) Records required. In addition to the vehicle data recording, the following parameters shall be documented for the determination of the fuel temperature profile:

(i) Date and time of vehicle fueling;

(ii) Odometer reading at vehicle fueling;

(iii) Date and time vehicle was parked, parking location and orientation;

(iv) Odometer reading at parking;

(v) Date and time engine was started;

(vi) Time of initiation of the first driving cycle;

(vii) Time of completion of the driving cycle;

(viii) Ambient temperatures throughout the period of driving (Tamb);

(ix) Wind speed throughout the period of driving;

(x) Track surface temperatures throughout the period of driving cycle (Tsur);

(xi) Percent cloud cover during the period of driving; and

(xii) Ambient temperature, wind speed, and percent cloud cover reported by the nearest weather station for the time corresponding most closely to the period of driving.

(6) Fuel tank pressure. Tank pressure shall not exceed 10 inches of water at any time during the temperature profile determination unless a pressurized system is used and the manufacturer demonstrates that vapor would not be vented to the atmosphere upon fuel cap removal.

(7) Calculation of temperature profiles. (i) The traces from the driving schedule shall be verified to meet the speed tolerance requirements of § 86.1215. The following conditions shall be verified:

(A) Tamb,i ≥ Tamb,o −2 °F.

(1) i=instantaneous measurement throughout the drive; and

(2) o=initial measurement at the start of the specified driving schedule.

(B) Tamb,o≥95 °F.

(C) Tsur,i−Tamb,i≥30 °F.

(D) Wmax≤15 mph.

(ii) Failure to comply with any of these requirements shall result in invalidation of the data and require that the procedure be repeated, beginning with the fuel drain at paragraph (d)(4)(i) of this section.

(iii) If all these requirements are met, the following calculations shall be performed to determine a profile for liquid fuel temperatures and, if applicable, for vapor temperatures: Ti,profile=Ti-To.

(A) Ti,profile=the series of temperatures that comprise the relative temperature profile.

(B) Ti=the series of observed liquid fuel or vapor temperatures during the drive.

(C) To=the liquid fuel or vapor temperature observed at the start of the specified driving schedule.

(iv) The relative temperature profile consists of the set of temperatures at 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) For gasoline- and methanol-fueled vehicles prepare the fuel tank(s) for recording the temperature of the prescribed test fuel, as described in § 86.1207-96(e).

(b) Provide additional fittings and adapters, as required, to accommodate a fuel drain at the lowest point possible in the tank(s) as installed on the vehicle.

(c) For preconditioning that involves loading the evaporative emission canister(s) with butane, provide valving or other means as necessary to allow purging and loading of the canister(s).

(d) For vehicles to be tested for running loss emissions, prepare the fuel tank(s) for measuring and recording the temperature and pressure of the fuel tank as specified in § 86.1207-96 (e) and (f). Measurement of vapor temperature is optional during the running loss test. If vapor temperature is not measured, fuel tank pressure need not be measured.

(e) For vehicles to be tested for running loss emissions, prepare the exhaust system by sealing or plugging all detectable sources of exhaust gas leaks. The exhaust system shall be tested or inspected to ensure that detectable exhaust hydrocarbons are not emitted into the running loss enclosure during the running loss test.

(a) Fuel tank cap(s) of gasoline- and methanol-fueled vehicles shall be removed during any period that the vehicle is parked outdoors awaiting testing, to prevent unusual loading of the canisters. During this time care must be taken to prevent entry of water or other contaminants into the fuel tank. During storage in the test area while awaiting testing, the fuel tank cap(s) may be in place. The vehicle shall be moved into the test area and the following operations performed.

(b)(1) Gasoline- and methanol-fueled vehicles. Drain the fuel tank(s) and fill with test fuel, as specified in § 86.1213, to the “tank fuel volume” defined in § 86.082-2. The fuel cap(s) shall be installed within one minute after refueling.

(2) Gaseous-fueled vehicles. Vehicle fuel tanks are to be filled with fuel that meets the specifications in § 86.113. Fuel tanks shall be filled to a minimum of 75% of service pressure for natural gas-fueled vehicles or a minimum of 75% of available fill volume for liquefied petroleum gas-fueled vehicles. Prior draining of the fuel tanks is not called for if the fuel in the tanks already meets the specifications in § 86.113.

(c) Gasoline- and methanol-fueled vehicles shall be soaked for at least 6 hours after being refueled. Gaseous-fueled vehicles shall be soaked for at least 1 hour after being refueled. Following this soak period, the test vehicle shall be placed, either by being driven or pushed, on a dynamometer and operated through one driving schedule, specified in § 86.1215 and appendix I of this part. Once a test vehicle has completed the refueling and vehicle soak steps specified in paragraphs (b) and (c) of this section, these steps may be omitted in subsequent testing with the same vehicle and the same fuel specifications, provided the vehicle remains under laboratory ambient temperature conditions for at least 6 hours before starting the next test. In such cases, each subsequent test shall begin with the preconditioning drive specified in this paragraph. The test vehicle may not be used to set dynamometer horsepower.

(d) [Reserved]

(e) The Administrator may choose to conduct additional preconditioning to ensure that the evaporative emissions control system is stabilized. The additional preconditioning shall consist of an initial one hour minimum soak and one, two or three driving cycles of the dynamometer driving schedule, as described in paragraph (c) of this section, each followed by a soak of at least one hour with engine off, engine compartment cover closed and cooling fan off. The vehicle may be driven off the dynamometer for the soak period that follows each driving cycle.

(f)(1) Gasoline- and methanol-fueled vehicles. After completion of the preconditioning drive, the vehicle shall be driven off the dynamometer. The vehicle's fuel tank(s) shall be drained and then filled with test fuel, as specified in § 86.1213, to the “tank fuel volume” defined in § 86.082-2. The vehicle shall be refueled within 1 hour after completion of the preconditioning drive. The fuel cap(s) shall be installed within 1 minute after refueling. The vehicle shall be parked within five minutes after refueling.

(2) Gaseous-fueled vehicles. After completion of the preconditioning drive, the vehicle shall be driven off the dynamometer. Vehicle fuel tanks shall be refilled with fuel that meets the specifications in § 86.1213. Fuel tanks shall be filled to a minimum of 75% of service pressure for natural gas-fueled vehicles or a minimum of 75% of available fill volume for liquefied petroleum gas-fueled vehicles. Prior draining of the fuel tanks is not called for if the fuel in the tanks already meets the specifications in § 86.1213. The vehicle shall be parked within five minutes after refueling, or, in the absence of refueling, within five minutes after completion of the preconditioning drive.

(g) The vehicle shall be soaked for not less than 12 hours nor more than 36 hours between the end of the refueling event and the beginning of the cold start exhaust emission test.

(h) During the soak period for the three-diurnal test sequence described in § 86.1230-96, evaporative canisters, if the vehicle is so equipped, shall be preconditioned according to the following procedure. For vehicles with multiple canisters in a series configuration, the set of canisters must be preconditioned as a unit. For vehicles with multiple canisters in a parallel configuration, each canister must be preconditioned separately. If production evaporative canisters are equipped with a functional service port designed for vapor load or purge steps, the service port shall be used during testing to precondition the canister. In addition, for model year 1998 and later vehicles equipped with refueling canisters, these canisters shall be preconditioned for the three-diurnal test sequence according to the procedure in paragraph (j)(1) of this section. If a vehicle is designed to actively control evaporative or refueling emissions without a canister, the manufacturer shall devise an appropriate preconditioning procedure, subject to the approval of the Administrator.

(1)(i) Prepare the evaporative emission canister for the canister purging and loading operation. The canister shall not be removed from the vehicle, unless access to the canister in its normal location is so restricted that purging and loading can only reasonably be accomplished by removing the canister from the vehicle. Special care shall be taken during this step to avoid damage to the components and the integrity of the fuel system. A replacement canister may be temporarily installed during the soak period while the canister from the test vehicle is preconditioned.

(ii) The canister purge shall be performed with ambient air of humidity controlled to 50±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 § 86.1230-96, one of the following methods shall be used to precondition evaporative canisters during the soak period specified in paragraph (g) of this section. For vehicles with multiple canisters in a series configuration, the set of canisters must be preconditioned as a unit. For vehicles with multiple canisters in a parallel configuration, each canister must be preconditioned separately. In addition, for model year 1998 and later vehicles equipped with refueling canisters, these canisters shall be preconditioned for the supplemental two-diurnal test sequence according to the procedure in paragraph (j)(1) of this section. Canister emissions are measured to determine breakthrough. Breakthrough is here defined as the point at which the cumulative quantity of hydrocarbons emitted is equal to 2 grams.

(1) Butane loading to breakthrough. The following procedure provides for emission measurement in an enclosure. Breakthrough may also be determined by measuring the weight gain of an auxiliary evaporative canister connected downstream of the vehicle's canister, in which case, the following references to the enclosure can be ignored. The auxiliary canister shall be well purged prior to loading. If production evaporative canisters are equipped with a functional service port designed for vapor load or purge steps, the service port shall be used during testing to precondition the canister.

(i) Prepare the evaporative/refueling emission canister for the canister loading operation. The canister shall not be removed from the vehicle, unless access to the canister in its normal location is so restricted that purging and loading can only reasonably be accomplished by removing the canister from the vehicle. Special care shall be taken during this step to avoid damage to the components and the integrity of the fuel system. A replacement canister may be temporarily installed during the soak period while the canister from the test vehicle is preconditioned.

(ii) The evaporative emission enclosure shall be purged for several minutes. Warning: If at any time the concentration of hydrocarbons, of methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately purged. This concentration provides at least a 4:1 safety factor against the lean flammability limit.

(iii) The FID hydrocarbon analyzer shall be zeroed and spanned immediately prior to the canister loading procedure.

(iv) If not already on, the evaporative enclosure mixing fan shall be turned on at this time.

(v) Place the vehicle in a sealed enclosure and measure emissions with a FID.

(vi)(A) For gasoline-fueled vehicles, load the canister with a mixture composed of 50 percent butane and 50 percent nitrogen by volume at a rate of 40 grams butane per hour.

(B) For methanol-fueled and flexible-fueled vehicles, canister preconditioning shall be performed with a fuel vapor composition representative of that which the vehicle would generate with the fuel mixture used for the current test. Manufacturers shall develop a procedure to precondition the evaporative canister, if the vehicle is so equipped, for the different fuel.

(vii) As soon as the canister reaches breakthrough, the vapor source shall be shut off.

(viii) Reconnect the evaporative emission canister and restore the vehicle to its normal operating condition.

(2) Load with repeated diurnal heat builds to breakthrough. The following procedure provides for emission measurement in an enclosure. Breakthrough may also be determined by measuring the weight gain of an auxiliary evaporative canister connected downstream of the vehicle's canister, in which case, the following references to the enclosure can be ignored. The auxiliary canister shall be well purged with dry air prior to loading.

(i) The evaporative emission enclosure shall be purged for several minutes. Warning: If at any time the concentration of hydrocarbons, of methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately purged. This concentration provides at least a 4:1 safety factor against the lean flammability limit.

(ii) The FID hydrocarbon analyzer shall be zeroed and spanned immediately prior to the diurnal heat builds.

(iii) If not already on, the evaporative enclosure mixing fan shall be turned on at this time.

(iv) The fuel tank(s) of the prepared vehicle shall be drained and filled with test fuel, as specified in § 86.1213, 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 § 86.1207-90(d), shall be properly positioned with respect to the fuel tank(s) and connected to the temperature controller.

(vi) The temperature recording system shall be started.

(vii) The fuel may be artificially heated to the starting diurnal temperature.

(viii) When the fuel temperature reaches at least 69 °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 § 86.1213, 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 dynamometer run.

(k) The Administrator may conduct the vehicle preparation and preconditioning for measurement of fuel economy or exhaust emissions according to the procedures specified in §§ 86.1232-90 and 86.1233-90, in lieu of the procedures specified in this section.

(l) Vehicles to be tested for exhaust emissions only shall be processed according to §§ 86.1235 through 86.1237. Vehicles to be tested for evaporative emissions shall be processed in accordance with the procedures in §§ 86.1233 through 86.1238, starting with § 86.1235.

(m) Vehicles to be tested for evaporative emissions with the supplemental two-diurnal test sequence described in § 86.1230-96, shall proceed according to §§ 86.1235 through 86.1237, followed by the supplemental hot soak test (see § 86.1238-96(k)) and the supplemental diurnal emission test (see § 86.1233-96(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 §§ 86.1232-96(h), 86.1232-96 (j)(1) and 86.1232-96 (j)(2), 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 one of the methods 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 § 86.1230-96.

(2) For the full three-diurnal test sequence, the diurnal emission test outlined in paragraphs (b) through (o) of this section follows the high-temperature hot soak test concluded in § 86.1238-96(j).

(3) For the supplemental two-diurnal test sequence, the diurnal emission test outlined in paragraph (p) of this section follows the alternate hot soak test specified in § 86.1238-96(k). This test is not required for gaseous-fueled vehicles.

(b) The test vehicle shall be soaked for not less than 6 hours nor more than 36 hours between the end of the hot soak test and the start of the diurnal emission test. For at least the last 6 hours of this period, the vehicle shall be soaked at 72±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 § 86.1233 and appendix II of this part.

(1) Temperatures measured with the underbody temperature sensor shall follow the profile with a maximum deviation of 3 °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. Warning: If at any time the concentration of hydrocarbons, of methanol or of methanol and hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately purged. This concentration provides at least a 4:1 safety factor against the lean flammability limit.

(e) The test vehicle, with the engine shut off and the test vehicle windows and luggage compartment(s) opened, shall be moved into the diurnal enclosure.

(f)-(g) [Reserved]

(h) Prior to sampling for emissions and throughout the period of cycled ambient temperatures, the mixing fan(s) shall circulate the air at a rate of 0.8±0.2 cfm per cubic foot of ambient volume. The mixing fan(s), plus any additional fans if needed, shall also maintain a minimum wind speed of 5 mph (8 km/hr) under the fuel tank of the test vehicle. The Administrator may adjust fan speed and location to ensure sufficient air circulation around the fuel tank. The wind speed requirement may be satisfied by consistently using a fan configuration that has been demonstrated to maintain a broad 5-mph air flow in the vicinity of the vehicle's fuel tank, subject to verification by the Administrator.

(i) Emission sampling may begin as follows:

(1) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned immediately prior to the sampling.

(2) Impingers charged with known volumes of pure deionized water shall be placed in the methanol sampling system (methanol-fueled vehicles only).

(3) Turn off purge blowers (if not already off).

(4) Close and seal enclosure doors (if not already closed and sealed).

(5) Within 10 minutes of closing and sealing the doors, analyze enclosure atmosphere for hydrocarbons and record. This is the initial (time=0 minutes) hydrocarbon concentration, CHCi, required in § 86.1243. Hydrocarbon emissions may be sampled continuously during the test period.

(6) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the initial methanol concentration, CCH 3 OHi, required in § 86.1243. Record the time elapsed during this analysis. If the 4-minute sample period is inadequate to collect a sample of sufficient concentration to allow accurate GC analysis, rapidly collect the methanol sample in a bag and then bubble the bag sample through the impingers at the specified flow rate. The time elapsed between collection of the bag sample and flow through the impingers should be minimized to prevent any losses. If the test is conducted in a fixed-volume enclosure that allows airflow into and out of the enclosure, the effect of makeup air dilution must be factored into the analysis.

(j) If testing indicates that a vehicle design may result in fuel temperature responses during enclosure testing that are not representative of in-use summertime conditions, the Administrator may adjust air circulation and temperature during the test as needed to ensure that the test sufficiently duplicates the vehicle's in-use experience.

(k) The FID (or HFID) hydrocarbon analyzer shall be zeroed and spanned 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, CHCf, required in § 86.1243. The emission measurement at the end of each period becomes the initial hydrocarbon concentration, CHCi, of the next emission sampling period.

(2) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the final (time=1440 minutes) methanol concentration, CCH 3 OHf, required in § 86.1243. Record the time elapsed during this analysis. If the 4-minute sample period is inadequate to collect a sample of sufficient concentration to allow accurate GC analysis, rapidly collect the methanol sample in a bag and then bubble the bag sample through the impingers at the specified flow rate. The time elapsed between collection of the bag sample and flow through the impingers should be minimized to prevent any losses. If the test is conducted in a fixed-volume enclosure that allows airflow into and out of the enclosure, the effect of makeup air dilution must be factored into the analysis.

(n) At the end of the temperature cycling period the enclosure doors shall be unsealed and opened, the test vehicle windows and luggage compartments may be closed and the test vehicle, with the engine shut off, shall be removed from the enclosure.

(o) This completes the full three-diurnal evaporative emission test sequence described in § 86.1230-96.

(p) For the supplemental two-diurnal test sequence described in § 86.1230-96, the following steps shall be performed in lieu of the steps described in paragraphs (b) through (n) of this section.

(1) For the supplemental two-diurnal test sequence, the test vehicle shall be soaked for not less than 6 hours nor more than 36 hours between the end of the hot soak test described in § 86.1238-96(k), and the start of the two-diurnal emission test. For at least the last 6 hours of this period, the vehicle shall be soaked at 72±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.

Section 86.1235-96 includes text that specifies requirements that differ from § 86.1235-85. Where a paragraph in § 86.1235-85 is identical and applicable to § 86.1235-96, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.1235-85.”

(a) The dynamometer run consists of one dynamometer driving schedule cycle (see § 86.1215 and appendix I of this part) starting not less than 12 nor more than 36 hours after completion of the drive specified in § 86.1232-96. This run includes engine startup (with all accessories turned off) and operation over the driving schedule.

(b) through (i) [Reserved]. For guidance see § 86.1235-85.

(a) Starting. (1) The engine shall be started (including choke operation) according to the manufacturers recommended starting procedures in the owner's manual. The initial idle period shall begin when the engine starts.

(2) The operator may use the choke, accelerator pedal, etc., where necessary to keep the engine running.

(3) If the manufacturer's operating instructions in the owner's manual do not specify a warm engine starting procedure, the engine shall be started by depressing the accelerator pedal about half way and cranking the engine until it starts.

(4) If the vehicle does not start after the manufacturer's recommended cranking time (or 10 continuous seconds in the absence of a manufacturer's recommendation), cranking shall cease for the period recommended by the manufacturer (or 10 seconds in the absence of a manufacturer's recommendation). This may be repeated for up to three start attempts. If the vehicle does not start after three attempts, the reason for failure to start shall be determined. If failure to start is an operational error, the vehicle shall be rescheduled for the dynamometer run. If failure to start is caused by a vehicle malfunction, corrective action of less than 30 minutes duration may be taken, and the test continued. When the engine starts, the driving schedule timing sequence shall begin. If failure to start is caused by vehicle malfunction and the vehicle cannot be started, the test shall be voided, the vehicle removed from the dynamometer, and corrective action may be taken. The reasons for the malfunction (if determined) and the corrective action taken shall be recorded.

(b) Stalling. (1) If the engine stalls during an idle period, the engine shall be restarted immediately and the driving schedule continued. If the engine cannot be started soon enough to allow the vehicle to follow the next acceleration as prescribed, the driving schedule indicator shall be stopped. When the vehicle restarts, the driving schedule indicator shall be reactivated.

(2) If the engine stalls during some operating mode other than idle, the driving schedule indicator shall be stopped, the vehicle shall then be restarted and accelerated to the speed required at that point in the driving schedule and the driving schedule continued. During acceleration to this point, shifting shall be performed in accordance with § 86.1228-85.

(3) If the vehicle will not restart within one minute, the test shall be voided, the vehicle removed from the dynamometer, corrective action taken, and the vehicle rescheduled for testing. The reason for the malfunction (if determined) and the corrective action taken shall be recorded.

(a) The vehicle shall be either driven or pushed onto the dynamometer; however, if driven, the period of engine operation between the end of the diurnal loss test and beginning of the hot soak preparation run shall not exceed 3 minutes, and the vehicle shall be driven at minimum throttle. The dynamometer run shall follow the diurnal heat build by not more than one hour. The vehicle shall be stored prior to dynamometer operation in such a manner that it is not exposed to precipitation (e.g., rain or dew).

(b) The following steps shall be taken for the dynamometer run:

(1) Place drive wheels of vehicle on the dynamometer.

(2) Position the cooling fan(s).

(3) Attach an exhaust tube to the vehicle tailpipe(s).

(4) Start the engine.

(5) Turn on the cooling fan(s).

(6) Operate the vehicle according to the dynamometer driving schedule (§ 86.1215-85).

(7) At the end of the last deceleration, disconnect the exhaust tube from the vehicle tailpipe(s) and drive vehicle from the dynamometer.

Section 86.1237-96 includes text that specifies requirements that differ from § 86.1237-85. Where a paragraph in § 86.1237-85 is identical and applicable to § 86.1237-96, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.1237-85.”

(a) The vehicle shall be either driven or pushed onto the dynamometer; however, if driven, the total time of engine operation during the 12 to 36 hour soak period shall not exceed 3 minutes, and the vehicle shall be driven at minimum throttle. The vehicle shall be stored prior to dynamometer operation in such a manner that it is not exposed to precipitation (e.g., rain or dew).

(b) [Reserved]. For guidance see § 86.1235-85.

(a)(1) Gasoline- and methanol-fueled vehicles. For gasoline- and methanol-fueled vehicles, the hot soak test shall be conducted immediately following the running loss test. However, sampling of emissions from the running loss test is not required as preparation for the hot soak test.

(2) Gaseous-fueled vehicles. Since gaseous-fueled vehicles are not required to perform a running loss test, the hot soak test shall be conducted within seven minutes after completion of the hot start exhaust test.

(b) The hot soak test may be conducted in the running loss enclosure as a continuation of that test or in a separate enclosure.

(1) If the hot soak test is conducted in the running loss enclosure, the driver may exit the enclosure after the running loss test. If exiting, the driver should use the personnel door described in § 86.1207-96(a)(2), exiting as quickly as possible with a minimum disturbance to the system. The final hydrocarbon and methanol concentration for the running loss test, measured in § 86.1234-96(g)(1)(xx), shall be the initial hydrocarbon and methanol concentration (time=0 minutes) CHCi and CCH 3 OHi, for the hot soak test.

(2) If the vehicle must be moved to a different enclosure, the following steps must be taken:

(i) The enclosure for the hot soak test shall be purged for several minutes prior to completion of the running loss test. Warning: If at any time the concentration of hydrocarbons, of methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately purged. This concentration provides at least a 4:1 safety factor against the lean flammability limit.

(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, CHCi, required in § 86.1243. Hydrocarbon emissions may be sampled continuously during the test period.

(B) Analyze the enclosure atmosphere for methanol, if applicable, and record. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the initial (time=0 minutes) methanol concentration, CCH 3 OHi, required in § 86.1243. Record the time elapsed during this analysis. If the 4-minute sample period is inadequate to collect a sample of sufficient concentration to allow accurate GC analysis, rapidly collect the methanol sample in a bag and then bubble the bag sample through the impingers at the specified flow rate. The time elapsed between collection of the bag sample and flow through the impingers should be minimized to prevent any losses.

(vi) The vehicle engine compartment cover shall be closed (if not already closed), the cooling fan shall be moved, the vehicle shall be disconnected from the dynamometer and any sampling system, and then driven at minimum throttle to the enclosure for the hot soak test. These steps should be done as quickly as possible to minimize the time needed to start the hot soak test.

(vii) The vehicle's engine must be stopped before any part of the vehicle enters the enclosure.

(viii) The vehicle shall enter the enclosure; the enclosure doors shall be closed and sealed within 2 minutes of engine shutdown and within seven minutes after the end of the running loss test.

(ix) The test vehicle windows and any luggage compartments shall be opened (if not already open). The vehicle engine compartment cover shall be closed (if not already closed).

(c) [Reserved]

(d) The temperature recording system shall be started and the time of engine shutoff shall be noted on the evaporative emission hydrocarbon data recording system.

(e) For the first 5 minutes of the hot soak test, the ambient temperature shall be maintained at 95±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, CHCf, required in § 86.1243.

(2) Analyze the enclosure atmosphere for methanol and record, if applicable. The methanol sampling must start simultaneously with the initiation of the hydrocarbon analysis and continue for 4.0±0.5 minutes. This is the final (time=60 minutes) methanol concentration, CCH 3 OHf, required in § 86.1243. Record the time elapsed during this analysis. If the 4-minute sample period is inadequate to collect a sample of sufficient concentration to allow accurate GC analysis, rapidly collect the methanol sample in a bag and then bubble the bag sample through the impingers at the specified flow rate. The time elapsed between collection of the bag sample and flow through the impingers should be minimized to prevent any losses.

(k) For the supplemental two-diurnal test sequence (see § 86.1230-96), the hot soak test described in § 86.1238-90 shall be conducted immediately following the dynamometer run. This test requires ambient temperatures between 68° and 86 °F at all times. The equipment and calibration specifications of §§ 86.1207-90 and 86.1207-90 may apply for this testing. Enclosures meeting the requirements of §§ 86.1207-96 and 86.1217-96 may also be used. This hot soak test is followed by two consecutive diurnal heat builds, described in § 86.1233-96(p).

(l) If the vehicle is to be tested for diurnal emissions, follow the procedure outlined in § 86.1233-96.

The following information shall be recorded with respect to each test:

(a) Test number.

(b) System or device tested (brief description).

(c) Date and time of day for each part of the test schedule.

(d) Instrument operator.

(e) Driver or operator.

(f) Vehicle: ID number; Manufacturer; Model Year; Engine family; Evaporative emissions family; Basic engine description (including displacement, number of cylinders, and catalyst usage); Engine maximum power rating and rated speed; Fuel system (including number of carburetors, number of carburetor barrels, fuel injection type, fuel tank(s) capacity and location, and number and size (volume and working capacity)) of evaporative control canisters, Engine code; Gross vehicle weight rating; Actual curb weight at zero miles; Actual road load at 50 mph; Transmission configuration; Axle ratio; Vehicle line; Odometer reading; Idle rpm; and Drive wheel tire pressure, as applicable.

(g) Indicated road load power absorption at 50 mph (80 km/hr) and dynamometer serial number. As an alternative to recording the dynamometer serial number, a reference to a vehicle test cell number may be used, provided the test cell records show the pertinent information.

(h) All pertinent instrument information such as tuning, gain, serial number, detector number and range. As an alternative, a reference to a vehicle test cell number may be used, with the advance approval of the Administrator, provided test cell calibration records show the pertinent instrument information.

(i) Recorder charts: Identify zero, span and enclosure gas sample traces.

(j) Test cell barometric pressure and ambient temperature.

(k) Fuel temperatures as prescribed.

(l) For methanol-fueled vehicles: (1) Volume of sample passed through the methanol sampling system and the volume of deionized water in each impinger.

(2) The concentration of the GC analyses of the test samples (methanol).

(m) For natural gas-fueled vehicles. Composition, including all carbon containing compounds; e.g. CO2. of the natural gas-fuel used during the test. C1 and C2 compounds shall be individually reported. C3 and heavier hydrocarbons, and C6 and heavier hydrocarbons may be reported as a group.

(n) For liquefied petroleum gas-fueled vehicles. Composition of the liquefied petroleum gas-fuel used during the test. Each hydrocarbon compound present, through C4 compounds, shall be individually reported. C5 and heavier hydrocarbons may be reported as a group.

(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:

(A) MCH23OH=Methanol mass change, µg.

(B) VFn=Net enclosure volume, ft3, as determined by subtracting 50 ft3 (1.42 m3) (volume of vehicle with trunk and windows open) from the enclosure volume. A manufacturer may use the measured volume of the vehicle (instead of the nominal 50 ft3) with advance approval by the Administrator: Provided, the measured volume is determined and used for all vehicles tested by that manufacturer.

(C) [Reserved]

(D) VE=Volume of sample withdrawn, ft3. Sample volumes must be corrected for differences in temperature to be consistent with determination of Vn, prior to being used in the equation.

(E) [Reserved]

(F) ACMS=GC concentration of sample.

(G) AV=Volume of absorbing reagent in impinger.

(H) PB=Barometric pressure at time of sampling, in. Hg.

(I) i=Initial sample.

(J) f=Final sample.

(K) 1=First impinger.

(L) 2=Second impinger.

(M) MCH3OH,out=mass of methanol exiting the enclosure, in the case of fixed volume enclosures for diurnal emission testing, µg,

(N) MCH3OH,in=mass of methanol entering the enclosure, in the case of fixed volume enclosures for diurnal emission testing, µg,

(ii) Hydrocarbon emissions:

(A) MHC=Hydrocarbon mass change, g.

(B) CHC=FID hydrocarbon concentration as ppm carbon including FID response to methanol (or methane, as applicable) in the sample.

(C) CCH3OH=Methanol concentration as ppm carbon.

(D) Vn=Net enclosure volume ft3 (m3) as determined by subtracting 50 ft3 (1.42 m3) (volume of vehicle with trunk and windows open) from the enclosure volume. A manufacturer may use the measured volume of the vehicle (instead of the nominal 50 ft3) with advance approval by the Administrator, provided the measured volume is determined and used for all vehicles tested by that manufacturer.

(E) r=FID response factor to methanol.

(F) PB=Barometric pressure, in Hg (Kpa).

(G) T=Enclosure temperature, °R(°K).

(H) i=initial reading.

(I) f=final reading.

(J) 1=First impinger.

(K) 2=Second impinger.

(L) Assuming a hydrogen to carbon ratio of 2.3:

(1) k=2.97; and

(2) For SI units, k=17.16.

(M) MHC,out=mass of hydrocarbons exiting the enclosure, in the case of fixed-volume enclosures for diurnal emission testing, g.

(N) MHC,in=mass of hydrocarbons entering the enclosure, in the case of fixed-volume enclosures for diurnal emission testing, g.

(iii) For variable-volume enclosures, defined in § 86.1207(a)(1)(i), the following simplified form of the hydrocarbon mass change equation may be used:

(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 § 86.1213, to 10 percent of the reported nominal fuel tank capacity. The fuel cap(s) shall be installed immediately after refueling.

(e) The vehicle shall be soaked at 80±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 dynamometer driving schedule (specified in § 86.1215 and appendix I of this part). The test vehicle may not be used to set the dynamometer horsepower.

(f) Following the preconditioning drive, the vehicle shall be moved or driven at minimum throttle to the refueling area.

(g) All areas in proximity to the vehicle fuel fill orifice and the dispenser nozzle itself shall be completely dry of liquid fuel.

(h) The fuel filler neck shall be snugly fitted with the vented bag to capture any fuel emissions. The fuel nozzle shall be inserted through the bag into the filler neck of the test vehicle to its maximum penetration. The plane of the nozzle's handle shall be perpendicular to the floor of the laboratory.

(i) The fueling procedure consists of dispensing fuel through a nozzle, interrupted by a series of automatic shutoffs. A minimum of 3 seconds shall elapse between any automatic shutoff and subsequent resumption of dispensing. Dispensing may not be manually terminated, unless the test vehicle has already clearly failed the test. The vehicle shall be fueled according to the following procedure:

(1) The fueling operation shall be started within 4 minutes after the vehicle is turned off and within 8 minutes after completion of the preconditioning drive. The average temperature of the dispensed fuel shall be 65±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 rate. Repeat as necessary until the nozzle has dispensed an amount of fuel equal to at least 70 percent of the tank's nominal capacity.

(4) Once the automatic shutoff is activated after the nozzle has dispensed an amount of fuel equal to 70 percent of the tank's nominal capacity, the fuel shall be dispensed at a rate of 5±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.

This subpart specifies gaseous emission test procedures for Otto-cycle and diesel heavy-duty engines, and particulate emission test procedures for diesel heavy-duty engines, as follows:

(a) For model years 1990 through 2003, manufacturers must use the test procedures specified in § 86.1305-90.

(b) For model years 2004 through 2009, manufacturers may use the test procedures specified in § 86.1305-2004 or § 86.1305-2010. For any EPA testing before the 2010 model year, EPA will use the manufacturer's selected procedures for mapping engines, generating duty cycles, and applying cycle-validation criteria. For any other parameters, EPA may conduct testing using either of the specified procedures.

(c) For model years 2010 and later, manufacturers must use the test procedures specified in § 86.1305-2010.

(d) As allowed under subpart A of this part, manufacturers may use carryover data from previous model years to demonstrate compliance with emission standards, without regard to the provisions of this section.

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

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

(a) Section numbering. The model year of initial applicability is indicated by the section number. The digits following the hyphen designate the first model year for which a section is applicable. The section continues to apply to subsequent model years unless a later model year section is adopted. (Example: § 86.13xx-2004 applies to the 2004 and subsequent model years. If a § 86.13xx-2007 is promulgated it would apply beginning with the 2007 model year; § 86.13xx-2004 would apply to model years 2004 through 2006.)

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

(a) This subpart describes the equipment required and the procedures to follow in order to perform exhaust emission tests on Otto-cycle and diesel heavy-duty engines. Subpart A sets forth the testing requirements and test intervals necessary to comply with EPA certification procedures.

(b) Four topics are addressed in this subpart. Sections 86.1306 through 86.1315 set forth specifications and equipment requirements; §§ 86.1316 through 86.1326 discuss calibration methods and frequency; test procedures are listed in §§ 86.1327 through 86.1341; calculation formula are found in § 86.1342; and data requirements are found in § 86.1344.

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

(b) This subpart contains five key sets of requirements, as follows: specifications and equipment needs (§§ 86.1306 through 86.1314); calibration methods and frequencies (§§ 86.1316 through 86.1326); test procedures (§§ 86.1327 through 86.1341 and §§ 86.1360 through 86.1380); calculation formulas (§§ 86.1342 and 86.1343); and data requirements (§ 86.1344).

(a) This subpart specifies the equipment and procedures for performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-duty engines. Subpart A of this part sets forth the emission standards and general testing requirements to comply with EPA certification procedures.

(b) Use the applicable equipment and procedures for spark-ignition or compression-ignition engines in 40 CFR part 1065 to determine whether engines meet the duty-cycle emission standards in subpart A of this part. Measure the emissions of all regulated pollutants as specified in 40 CFR part 1065. Use the duty cycles and procedures specified in §§ 86.1333-2010, 86.1360-2007, and 86.1362-2007. Adjust emission results from engines using aftertreatment technology with infrequent regeneration events as described in § 86.004-28.

(c) The provisions in §§ 86.1370-2007 and §§ 86.1372-2007 apply for determining whether an engine meets the applicable not-to-exceed emission standards.

(d) Measure smoke using the procedures in subpart I of this part for evaluating whether engines meet the smoke standards in subpart A of this part.

(e) Use the fuels specified in 40 CFR part 1065 to perform valid tests, as follows:

(1) For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in-use engines will use.

(2) For diesel-fueled engines, use the ultra low-sulfur diesel fuel specified in 40 CFR part 1065 for emission testing.

(f) You may use special or alternate procedures to the extent we allow them under 40 CFR 1065.10.

(g) This subpart applies to you as a manufacturer, and to anyone who does testing for you.

(h) This paragraph (h) describes how testing performed prior to July 1, 2010 may be conducted using the test procedures of this subpart N rather than the corresponding provisions of 40 CFR part 1065 otherwise required by this section. You must use good engineering judgment when testing under this paragraph (h), and must comply with the following provisions of 40 CFR part 1065:

(1) Generate a map of your engine according to 40 CFR 1065.510(b)(5)(ii) and generate test cycles according to 40 CFR 1065.610. Validate your cycle according to 40 CFR 1065.514.

(2) Follow the provisions of 40 CFR 1065.342 to verify the performance of any sample dryers in your system. Correct your measurements according to 40 CFR 1065.659, except use the value of Kw in § 86.1342-90(i) as the value of (1−xH2Oexh) in Equation 1065.659-1.

(3) Verify your NO2-to-NO converter according to 40 CFR 1065.378.

(4) For diesel engine testing, correct NOX emissions for intake-air humidity according to 40 CFR 1065.670.

(5) You must comply with the provisions related to analyzer range and drift in 40 CFR 1065.550. If drift correction is required, correct your measurements according to 40 CFR 1065.672, but use the emission calculations specified in this subpart N rather than those specified in 40 CFR 1065.650.

(6) You must comply with 40 CFR 1065.125, 1065.127, and 1065.130, except for references to 40 CFR 1065.530(a)(1)(i), 1065.640, and 1065.655.

(7) Follow the provisions of 40 CFR 1065.370 to verify the performance of your CLD analyzer with respect to CO2 and H2O quench. You are not required to follow 40 CFR 1065.145(d)(2), 1065.248, or 1065.750, which are referenced in 40 CFR 1065.370.

Section 86.1306-07 includes text that specifies requirements that differ from § 86.1306-96. Where a paragraph in § 86.1306-96 is identical and applicable to § 86.1306-07, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.1306-96.”.

(a) and (b) [Reserved]. For guidance see § 86.1306-96.

(c)(1) Upon request, the Administrator may allow a manufacturer to use some of the test equipment allowed for model year 2006 and earlier engines instead of the test equipment required for model year 2007 and later engines, provided that good engineering judgment indicates that it would not adversely affect determination of compliance with the applicable emission standards of this part.

(2) A manufacturer may use the test equipment required for model year 2007 and later engines for earlier model year engines, provided that good engineering judgment indicates that it would not adversely affect determination of compliance with the applicable emission standards of this part.

(d) Approval of alternate test system. (1) If on the basis of the information described in paragraph (d)(5) of this section, the Administrator determines that an alternate test system would consistently and reliably produce emission test results that are at least equivalent to the results produced using the test systems described in this subpart, he/she shall approve the alternate system for optional use instead of the test systems described in this subpart.

(2) Any person may submit an application for approval of an alternate test system.

(3) In approving an alternate test system, the Administrator may approve it for general use, or may approve it conditionally.

(4) The Administrator may revoke the approval on the basis of new information that indicates that the alternate test system is not equivalent. However, revocation of approval must allow manufacturers sufficient lead-time to change the test system to an approved system. In determining the amount of lead-time that is required, the Administrator will consider relevant factors such as:

(i) The ease with which the test system can be converted to an approved system.

(ii) The degree to which the alternate system affects the measured emission rates.

(iii) Any relevant conditions included in the approval.

(5) The application for approval must include:

(i) An explanation of the theoretical basis of the alternate system. This technical description should explain why the detection principle of the alternate system would provide equivalent results to the detection principle of the prescribed system for the full range of emission properties being measured. This description may include equations, figures, and references. For example, a NOX measurement application should theoretically relate the alternate detection principle to the chemiluminescent detection principle of detecting nitric oxide for a typical range of NO to NO2 ratios. A PM measurement application should explain the principle(s) by which the alternate system quantifies PM mass independent of PM composition, and how it is impacted by semi-volatile and volatile species= phase distributions. For any proportioning or integrating system, the application should compare the alternate system's theoretical response to the prescribed system's response.

(ii) A technical description of the alternate system. This section shall detail all of the hardware and software included in the alternate system. Dimensioned drawings, flow-charts, schematics, and component specifications shall be included. Any data manipulation (i.e. calculations) that the system performs shall be presented in this section.

(iii) A description of the procedures used to operate the system including the level of training that an operator must have to achieve acceptable results. This section of the application shall describe all of the installation, calibration, operation, and maintenance procedures in a step-by-step format. Note that empirical calibration with respect to another prescribed or approved measurement system is not acceptable. Calibration should be performed with NIST traceable standards, or equivalent national standards. Diagrams, schematics, and other graphics may be used to enhance the description.

(iv) A comparison of results from the alternate system and from the prescribed system (or other system approved by the Administrator). The two systems must be calibrated independently to NIST traceable standards or equivalent national standards for this comparison. While other statistical analyses may be acceptable, it is recommended that the comparison be based on a minimum of 7 collocated and simultaneous tests. This comparison shall be performed over the “hot-start” portion of the FTP test cycle. If the comparison is paired, it must demonstrate that the alternate system passes a two-sided, paired t-test described in this paragraph. If the test is unpaired, it must demonstrate that the alternate system passes a two-sided, unpaired t-test described in this paragraph. Other statistical criteria may be set by the Administrator. The average of these tests for the reference system must return results less than or equal to the applicable emissions standard. The t-test is performed as follows, where “n” equals the number of tests:

(A) Calculate the average of the alternate system results; this is Aavg.

(B) Calculate the average of the results of the system to which the alternate system was referenced; this is Ravg.

(C) For an unpaired comparison, calculate the “n−1” standard deviation for the alternate and reference averages; these are Asd and Rsd respectively. Asd must be less than or equal to Rsd. If Asd is greater than Rsd, the Administrator will not approve the application.

(D) For an unpaired comparison, calculate the t-value:

(E) For a paired comparison, calculate the “n−1” standard deviation (squared) of the differences, di, between the paired results, where “i” represents the ith test of n number of tests:

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

(2) The absolute value of t must be less than the critical t value, tcrit at a 90% confidence interval for “n−1” degrees of freedom. The following table lists 90% confidence interval tcrit values for n−1 degrees of freedom:

(a) Exhaust emission tests. All engines subject to this subpart are tested for exhaust emissions. Petroleum-, natural gas-, liquefied petroleum gas-, and methanol-fueled Otto-cycle and diesel engines are tested identically with two exceptions. First, the systems used to measure hydrocarbon, nitrogen oxide, methanol, formaldehyde and particulate depend on the type of engine being tested; petroleum-fueled diesel engines require a heated, continuous hydrocarbon detector and a heated, continuous nitrogen oxide detector (see § 86.1310); methanol-fueled engines require a heated hydrocarbon detector, a methanol detector and a formaldehyde detector; either a heated or non-heated continuous hydrocarbon detector may be used with natural gas-fueled and liquefied petroleum gas-fueled diesel engines; gasoline-fueled, natural gas- fueled, liquefied petroleum gas-fueled and methanol-fueled Otto-cycle engines are not tested for particulate emissions (see § 86.1309). Second, if a gasoline-fueled and methanol-fueled engine is to be used in a vehicle equipped with an evaporative canister, the test engine must have a loaded evaporative canister attached for the exhaust emission test. Necessary equipment and specifications appear in §§ 86.1308, 86.1309, 86.1310 and 86.1311.

(b) Fuel, analytical gas, and engine cycle specifications. Fuel specifications for exhaust emission testing are specified in § 86.1313. Analytical gases are specified in § 86.1314. The EPA heavy-duty transient engine cycles for use in exhaust testing are described in § 86.1333 and specified in appendix I to this part.

(a) Engine dynamometer. The engine dynamometer system must be capable of controlling engine torque and rpm simultaneously over transient cycles. The transient torque and rpm schedules described in § 86.1333-84 and specified in appendix I ((f)(i), (2), and (3)) must be followed within the accuracy requirements specified in § 86.1341-84. In addition to these general requirements, the engine or dynamometer readout signals for speed and torque shall meet the following accuracy specifications:

(1) Engine speed readout shall be accurate to within ±2 percent of the absolute standard value, as defined in paragraph (d) of this section.

(2) Engine flywheel torque readout shall be accurate to either within ±3 percent of the NBS “true” value torque (as defined in paragraph (e) of this section), or the following accuracies:

(i) ±2.5 ft-lbs. of the NBS “true” value if the full scale value is 550 ft-lbs. or less.

(ii) ±5 ft-lbs. of the NBS “true” value if the full scale value is 1050 ft-lbs. or less.

(iii) ±10 ft.-lbs., of the NBS “true” value if the full scale value is greater than 1050 ft.-lbs.

(3) Option. Internal dynamometer signals (i.e., armature current, etc.) may be used for torque measurement provided that it can be shown that the engine flywheel torque during the test cycle conforms to the accuracy specifications in paragraph (a) of this section. Such a measurement system must include compensation for increased or decreased flywheel torque due to the armature inertia during accelerations and decelerations in the test cycle.

(b) Cycle verification equipment. In order to verify that the test engine has followed the test cycle correctly, the dynamometer or engine readout signals for speed and torque must be collected in a manner that allows a statistical correlation between the actual engine performance and the test cycle (See § 86.1341-84). Normally this collection process would involve conversion of analog dynamometer or engine signals into digital values for storage in a computer. The conversion of dynamometer or engine values (computer or other) that are used to evaluate the validity of engine performance in relation to the test cycle shall be performed in a manner such that:

(1) Speed values used for cycle evaluation are accurate to within 2 percent of the dynamometer or engine flywheel torque readout value.

(2) Engine flywheel torque values used for cycle evaluation are accurate to within 2 percent of the dynamometer or engine flywheel torque readout value.

(c) Option. For some systems it may be more convenient to combine the tolerances in paragraphs (a) and (b) of this section. This is permitted if the root mean square method (RMS) is used. The RMS values would then refer to accuracy in relationship to absolute standard or to NBS “true” values.

(1) Speed values used for cycle evaluation shall be accurate to within ±2.8 percent of the absolute standard values, as defined in paragraph (d) of this section.

(2) Engine flywheel torque values used for cycle evaluation shall be accurate to within ±3.6 percent of NBS “true” values, as determined in paragraph (e) of this section.

(d) Speed calibration equipment. A 60-tooth (or greater) wheel in combination with a common mode rejection frequency counter is considered an absolute standard for engine or dynamometer speed.

(e) Torque calibration equipment. Two techniques are allowed for torque calibration. Alternate techniques may be used if shown to yield equivalent accuracies. The NBS “true” value torque is defined as the torque calculated by taking the product of an NBS traceable weight or force and a sufficiently accurate horizontal lever arm distance, corrected for the hanging torque of the lever arm.

(1) The lever-arm dead-weight technique involves the placement of known weights at a known horizontal distance from the center of rotation of the torque measuring device. The equipment required is:

(i) Calibration weights. A minimum of six calibration weights for each range of torque measuring device used are required. The weights must be approximately equally spaced and each must be traceable to NBS weights. Laboratories located in foreign countries may certify calibration weights to local government bureau standards. Certification of weight by state government Bureau of Weights and Measures is acceptable. Effects of changes in gravitational constant at the test site may be accounted for if desired.

(ii) Lever arm. A lever arm with a minimum length of 24 inches is required. The horizontal distance from the centerline of the engine torque measurement device to the point of weight application shall be accurate to within ±0.10 inches. The arm must be balanced, or the hanging torque of the arm must be known to within ±0.1 ft-lbs.

(2) The transfer technique involves the calibration of a master load cell (i.e., dynamometer case load cell). This calibration can be done with known calibration weights at known horizontal distances, or by using a hydraulically actuated precalibrated master load cell. This calibration is then transferred to the flywheel torque measuring device. The technique involves the following steps:

(i) A master load cell shall be either precalibrated or be calibrated per paragraph (e)(1)(i) of this section with known weights traceable to NBS, and used with the lever arm(s) specified in paragraph (e)(2)(ii) of this section. The dynamometer should be either running or vibrated during this calibration to minimize static hysteresis.

(ii) A lever arm(s) with a minimum length of 24 inches is (are) required. The horizontal distances from the centerline of the master load cell, to the centerline of the dynamometer, and to the point of weight or force application shall be accurate to within ±0.10 inches. The arm(s) must be balanced or the net hanging torque of the arm(s) must be known to within ±0.1 ft.-lbs.

(iii) Transfer of calibration from the case or master load cell to the flywheel torque measuring device shall be performed with the dynamometer operating at a constant speed. The flywheel torque measurement device readout shall be calibrated to the master load cell torque readout at a minimum of six loads approximately equally spaced across the full useful ranges of both measurement devices. (Note that good engineering practice requires that both devices have approximately equal useful ranges of torque measurement.) The transfer calibration shall be performed in a manner such that the accuracy requirements of paragraph (a)(2) of this section for the flywheel torque measurement device readout be met or exceeded.

(3) Other techniques may be used if shown to yield equivalent accuracy.

(f) Diesel engines only. If direct measurement of mass fuel consumption is chosen as an option in lieu of dilute exhaust CO2 measurement, the fuel measurement device shall be accurate to within ±2 percent of actual mass fuel flow.

(a)(1) General. The exhaust gas sampling system described in this paragraph is designed to measure the true mass of gaseous emissions in the exhaust of either gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines. In the CVS concept of measuring mass emissions, two conditions must be satisfied; the total volume of the mixture of exhaust and dilution air must be measured, and a continuously proportioned volume of sample must be collected for analysis. Mass emissions are determined from the sample concentration and total flow over the test period.

(2) Engine exhaust to CVS duct. For methanol-fueled engines, reactions of the exhaust gases in the exhaust duct connected to the dilution tunnel (for the purposes of this paragraph, the exhaust duct excludes the length of pipe representative of the vehicle exhaust pipe) shall be minimized. This may be accomplished by:

(i) Using a duct of unrestricted length maintained at a temperature below 599 °F (315 °C). (Cooling capabilities as required); or

(ii) Using a smooth wall duct less than five feet long with no required heating (a maximum of two short flexible connectors are allowed under this option); or

(iii) Omitting the duct and performing the exhaust gas dilution function at the engine exhaust manifold, immediately after exhaust aftertreatment systems, or after a length of pipe representative of the vehicle exhaust pipe; or

(iv) Partial dilution of the exhaust gas prior to entering the dilution tunnel, which lowers the duct temperature below 599 °F (315 °C).

(3) Positive displacement pump. The Positive Displacement Pump Constant Volume Sampler (PDP-CVS), Figure N90-1 satisfies the first condition by metering at a constant temperature and pressure through the pump. The total volume is measured by counting the revolutions made by the calibrated positive displacement pump. The proportional samples for the bag sample, the methanol sample (Figure N90-2), and the formaldehyde sample (Figure N90-3), as applicable are achieved by sampling at a constant flow rate. For methanol-fueled engines, the sample lines for the methanol and formaldehyde samples are heated to prevent condensation. (Note: For 1990 through 1994 model year methanol-fueled engines, methanol and formaldehyde sampling may be omitted provided the bag sample (hydrocarbons and methanol) is analyzed using a HFID calibrated with methanol.)

(4) Critical flow venturi. The operation of the Critical Flow Venturi Constant Volume Sampler (CFV-CVS), Figure N90-4 is based upon the principles of fluid dynamics associated with critical flow. The CFV system is commonly called a constant volume system (CVS) even though the flow varies. It would be more proper to call the critical flow venturi (CFV) system a constant proportion sampling system since proportional sampling throughout temperature excursions is maintained by use of a small CFVs in the sample lines. For engines requiring measurement of methanol and/or formaldehyde, one line supplies sample for the bag sample, another line supplies sample for the methanol sample, and a third line supplies sample for the formaldehyde sample. The lines for the methanol and formaldehyde samples are heated to prevent condensation with care being taken to ensure that the CFVs of the sample probes are not heated. (Note: For 1990 through 1994 model year methanol-fueled engines, methanol and formaldehyde sampling may be omitted provided the bag sample (hydrocarbons and methanol) is analyzed using a HFID calibrated with methanol. The variable mixture flow rate is maintained at choked flow, which is inversely proportional to the square root of the gas temperature, and is computed continuously. Since the pressure and temperature are the same at all venturi inlets, the sample volume is proportional to the total volume.)

(5) Electronic Flow Control. The Electronic Flow Control Critical Flow Venturi Constant Volume Sampler (EFC-CFV-CVS) is identical to the CFV-CVS system, except that it uses electronic mass flow meters to maintain proportional sampling for methanol and formaldehyde. The flow rate of the exhaust plus dilution air and the sample flow rate are measured electronically. Proportionality is maintained by electronically controlled metering valves in the methanol and formaldehyde sample lines. Control of the valves is based on the electronic response of the flow meters. It is recommended that total flow sample volumes be measured by separate flow meters. For methanol-fueled engines, one line supplies sample for the bag sample, another line supplies sample for the methanol sample, and a third line supplies sample for the formaldehyde sample. The sample lines for methanol and for formaldehyde may both draw samples from a single static probe. The lines for the methanol and formaldehyde samples are heated to prevent condensation.

(6) Other systems. Other sampling and/or analytical systems including the systems described in § 86.1310 for petroleum-fueled diesel engines may be used if shown to yield equivalent results, and if approved in advance by the Administrator.

(7) Since various configurations can produce equivalent results, exact conformance with these drawings is not required. Additional components such as instruments, valves, solenoids, pumps and switches may be used to provide additional information and coordinate the functions of the component systems. Other components such as snubbers, which are not needed to maintain accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgment.

(b) Component description, PDP-CVS. The PDP-CVS, Figure N90-1, consists of a dilution air filter and mixing assembly, heat exchanger, positive displacement pump, sampling systems (see Figure N90-2 for methanol sampling system and Figure N90-3 for formaldehyde sampling system) including sampling lines which are heated to prevent condensation in the case of the methanol-fueled engine, and associated valves, pressure and temperature sensors. The temperature of the sample lines shall be more than 5 °F (3 °C) above the maximum dew point of the mixture and less than 250 °F (121 °C). (It is recommended the they be maintained at 235 ±15 °F (113 ±8 °C)). Heating of the sample lines may be omitted, provided the methanol and formaldehyde sample collection systems are close coupled to the probes thereby preventing loss of sample due to cooling and resulting condensation in the sample lines. The PDP-CVS shall conform to the following requirements:

(1) Exhaust system backpressure must not be artificially lowered by the CVS or dilution air inlet system. Measurements to verify this should be made in the raw exhaust immediately upstream of the inlet to the CVS. (For diesel engines, this measurement should be made immediately upstream of the backpressure set device.) This verification requires the continuous measurement and comparison of raw exhaust static pressure observed during a transient cycle, both with and without the operating CVS. Static pressure measured with the operating CVS system shall remain within ±5 inches of water (1.2 kPa) of the static pressure measured without connection to the CVS, at identical moments in the test cycle. (Sampling systems capable of maintaining the static pressure to within ±1 inch of water (0.25 kPa) will be used by the Administrator if a written request substantiates the need for this closer tolerance.) This requirement is essentially a design specification for the CVS/dilution air inlet system, and should be performed as often as good engineering practice dictates (e.g., after installation of an uncharacterized CVS, addition of an unknown inlet restriction on the dilution air, etc.).

(2) The gas mixture temperature, measured at a point immediately ahead of the positive displacement pump and after the heat exchanger, shall be maintained within ±10 °F (±5.6 °C) of the average operating temperature observed during the test. (The average operating temperature may be estimated from the average operating temperature from similar tests.) The temperature measuring system (sensors and readout) shall have an accuracy and precision of ±3.4 °F (1.9 °C).

(3) The pressure gauges shall have an accuracy and precision of ±3 mm Hg (0.4 kPa).

(4) The flow capacity of the CVS shall be large enough to eliminate water condensation in the system. This is especially critical for methanol-fueled engines and may also be of concern with natural gas- and liquefied petroleum gas-fueled engines; see “Calculation of Emissions and Fuel Economy When Using Alternative Fuels,” EPA 460/3-83-009. Dehumidifying the dilution air before entering the CVS is allowed. Heating is also allowed, provided:

(i) The air (or air plus exhaust gas) temperature does not exceed 250 °F, or 125 °F if particulate emissions are measured;

(ii) Calculation of the CVS flow rate necessary to prevent water condensation is based on the lowest temperature encountered in the CVS prior to sampling. (It is recommended that the CVS system be insulated when heated dilution air is used.);

(iii) The dilution ratio is sufficiently high to prevent condensation in bag samples as they cool to room temperature.

(5) Sample collection bags for dilution air and exhaust samples shall be of sufficient size so as not to impede sample flow. A single dilution air sample, covering the total test period, may be collected for the determination of methanol and formaldehyde background (where applicable).

(6) The methanol sample collection system and the formaldehyde sample collection system shall each be of sufficient capacity so as to collect samples of adequate size for analysis without significant impact on the volume of dilute exhaust passing through the PDP. The systems shall also comply with the following requirements that apply to the design of the systems, not to individual tests:

(i) The methanol system shall be designed such that, if a test engine emitted the maximum allowable level of methanol (based on all applicable standards) during the first phase of the test, the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the GC analyzer.

(ii) The formaldehyde system shall be designed such that, if a test engine emitted formaldehyde at a rate equal to twenty percent of the maximum allowable level of THCE (i.e., 0.2 g/Bhp-hr for a 1.1 g/Bhp-hr THCE standard), or the maximum formaldehyde level allowed by a specific formaldehyde standard, whichever is less, during the first phase of the test, the concentration of formaldehyde in the DNPH solution of the primary impinger, or solution resulting from the extraction of the DNPH cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 times the limit of detection for the HPLC analyzer.

(iii) The methanol and formaldehyde systems shall be designed such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. Sampling systems shall be identical for all phases.

(c) Component description, CFV. The CFV sample system, Figure N90-4, consists of a dilution air filter (optional) and mixing assembly, cyclone particulate separator (optional), unheated sampling venturies for the bag, methanol and formaldehyde samples, as applicable, heated sample lines to prevent condensation in the case of the methanol-fueled engine, critical flow venturi, and associated valves, pressure and temperature sensors. The temperature of the sample lines shall be more than 5 °F (3 °C) above the maximum dew point of the mixture and less than 250 °F (121 °C). (It is recommended the they be maintained at 235 ±15 °F (113 ±8 °C)). Heating of the sample lines may be omitted, provided the methanol and formaldehyde sample collection systems are close coupled to the probes thereby preventing loss of sample due to cooling and resulting condensation in the sample lines. The CFV sample system shall conform to the following requirements:

(1) Static pressure variations in the raw exhaust shall conform to the specifications detailed in paragraph (b)(1) of this section.

(2) The temperature measuring system (sensors and readout) shall have an accuracy and precision of ±3.4 °F (±1.9 °C). The temperature measuring system used in a CVS without a heat exchanger shall have a response time of 1.50 seconds to 62.5 percent of a temperature change (as measured in hot silicone oil). There is no response time requirement for a CVS equipped with a heat exchanger.

(3) The pressure measuring system (sensors and readout) shall have an accuracy and precision of ±3 mm Hg (0.4 kPa).

(4) The flow capacity of the CVS shall be large enough to eliminate water condensation in the system. This is especially critical for methanol-fueled engines and may also be of concern with natural gas- and liquefied petroleum gas-fueled engines; see “Calculation of Emissions and Fuel Economy When Using Alternative Fuels,” EPA 460/3-83-009. Dehumidifying the dilution air before entering the CVS is allowed. Heating is also allowed, provided:

(i) The air (or air plus exhaust gas) temperature does not exceed 250 °F, or 125 °F if particulate emissions are measured.

(ii) Calculation of the CVS flow rate necessary to prevent water condensation is based on the lowest temperature encountered in the CVS prior to sampling. (It is recommended that the CVS system be insulated when heated dilution air is used.)

(iii) The dilution ratio is sufficiently high to prevent condensation in bag samples as they cool to room temperature.

(5) Sample collection bags for dilution air and exhaust samples shall be of sufficient size so as not to impede sample flow. A single dilution air sample, covering the total test period, may be collected for the determination of methanol and formaldehyde background (where applicable).

(6) The methanol sample collection system and the formaldehyde sample collection system shall each be of sufficient capacity so as to collect samples of adequate size for analysis without significant impact on the volume of dilute exhaust passing through the CFV. The systems shall also comply with the following requirements that apply to the design of the systems, not to individual tests:

(i) The methanol system shall be designed such that, if a test engine emitted the maximum allowable level of methanol (based on all applicable standards) during the first phase of the test, the measured concentration in the primary impinger would exceed either 25 mg/l or a concentration equal to 25 times the limit of detection for the GC analyzer.

(ii) The formaldehyde system shall be designed such that, if a test engine emitted formaldehyde at a rate equal to twenty percent of the maximum allowable level of THCE (i.e., 0.2 g/Bhp-hr for a 1.1 g/Bhp-hr THCE standard), or the maximum formaldehyde level allowed by a specific formaldehyde standard, whichever is less, during the first phase of the test, the concentration of formaldehyde in the DNPH solution of the primary impinger, or solution resulting from the extraction of the DNPH cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 times the limit of detection for the HPLC analyzer.

(iii) The methanol and formaldehyde systems shall be designed such that the primary impinger collects at least 90 percent of the analyte in the samples. The remaining analyte shall be collected by the secondary impinger. Sampling systems shall be identical for all phases of the test.

(d) Component description, EFC-CFV. The EFC-CFV sample system, is identical to the CFV system described in paragraph (c) of this section, with the addition of electronic flow controllers, metering valves, separate flow meters to totalize sample flow volumes (optional), for methanol and formaldehyde samples. Both samples may be drawn from a single static probe. The EFC sample system shall conform to the following requirements:

(1) All of the requirements of paragraph (c) of this section.

(2) The ratio of sample flow to CVS flow must not vary by more ±5 percent from the setpoint of the test.

(3) The sample flow totalizers shall meet the accuracy specifications of § 86.1320. Total sample flow volumes may be obtained from the flow controllers, with advance approval of the Administrator, provided that they can be shown to meet the accuracy specifications of § 86.1320.

(a) General. The exhaust gas sampling system described in this paragraph is designed to measure the true mass of both gaseous and particulate emissions in the exhaust of heavy-duty diesel engines, and particulate emissions in the exhaust of all heavy-duty engines. (Gaseous emissions from non-petroleum-fueled diesel engines are measured using the system described in § 86.1309.) This system utilizes the CVS concept (described in § 86.1309) of measuring the combined mass emissions of THC, NOX, CH4 (if applicable) CO, CO2 and particulate matter. For all emission measurement systems described in this section, multiple or redundant systems may be used during a single test. Statistical averages of data from multiple systems may be used to calculate test results, consistent with good engineering judgment. Weighted averages are allowed, where appropriate Statistical outliers may be discarded, but all results must be reported. If the Administrator determines that the statistical analysis is not consistent with good engineering judgment, he/she may determine compliance from the arithmetic mean of the results. A continuously integrated system may be used for THC, NOX , CO and CO2 measurement. The use of proportional bag sampling for sample integration is allowed for THC, NOX, CO, and CO2 measurement, but requirements specific to bag sampling from diesel exhaust must be met for the THC and NOX emissions measurements. CH4 measurement for calculation of NMHC (if applicable) is measured using GC-FID analysis of a proportional bag sample. The mass of gaseous emissions is determined from the sample concentration and total flow over the test period. The mass of particulate emissions is determined from a proportional mass sample collected on a filter and from the sample flow and total flow over the test period. As an option, the measurement of total fuel mass consumed over a cycle may be substituted for the exhaust measurement of CO2. General requirements are as follows:

(1) This sampling system requires the use of a CVS The CVS system may use a PDP or a CFV. PDP systems must use a heat exchanger. CFV systems may use either a heat exchanger or electronic flow compensation. When electronic flow compensation is used, the CFV may be replaced by a subsonic venturi (SSV) as long as the CVS concept as defined in § 86.1309 is maintained (i.e., a constant volumetric flow-rate through the CVS is maintained for the duration of the test). Figure N07-1 is a schematic drawing of the CVS system.

(2) The THC analytical system for diesel engines requires a heated flame ionization detector (HFID) and heated sample system (191 ±11 °C) using either:

(i) Continuously integrated measurement of diluted THC meeting the minimum requirements and technical specifications contained in paragraph (b)(3) of this section. Unless compensation for varying mass flow is made, a constant mass flow system must be used to ensure a proportional sample; or

(ii) Heated (191 ±11 °C) proportional bag sampling systems for hydrocarbon measurement will be allowed if the bag sampling system meets the performance specifications for outgassing and permeability as defined in paragraph (b)(2) of this section.

(3) CH4 measurement, if applicable, shall be conducted using a proportional bag sampling system with subsequent analysis using a gas chromatograph and FID. The CH4 measurement shall be done in accordance with SAE Recommended Practice J1151, “Methane Measurement Using Gas Chromatography” (1994 SAE Handbook, Volume 1: Materials, Fuels, Emissions, and Noise, Section 13, Page 13.170), which is incorporated by reference pursuant to § 86.1(b)(2). As an alternative, the manufacturer may choose one of the options set forth in § 86.004-28(c)(8).

(4)-(5) [Reserved]

(6) The CO and CO2 analytical system requires:

(i) Bag sampling (§ 86.1309) and analytical (§ 86.1311) capabilities, as shown in Figure N07-1; or

(ii) Continuously integrated measurement of diluted CO and CO2 meeting the minimum requirements and technical specifications contained in paragraph (b)(5) of this section. Unless compensation for varying flow is made, a constant flow system must be used to ensure a proportional sample; and

(7) The NOX analytical system requires:

(i) Continuously integrated measurement of diluted NOX meeting the minimum requirements and technical specifications contained in paragraph (b)(5) of this section. Unless compensation for varying flow is made, a constant flow system must be used to ensure a proportional sample.

(ii) Bag sampling (§ 86.1309) and analytical (§ 86.1311) capabilities, as shown in Figure N07-1 (or Figure 07-2) will be allowed provided that sample gas temperature is maintained above the sample's aqueous dewpoint at all times during collection and analysis.

(8) The mass of particulate in the exhaust is determined via filtration. The particulate sampling system requires dilution of the exhaust to a temperature of 47 °C ±5 °C, measured upstream of a single high-efficiency sample filter (as close to the filter as practical).

(9) Since various configurations can produce equivalent results, exact conformance with these drawings is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the components of the system. Other components, such as snubbers, which are not needed to maintain accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgment.

(10) Other sampling and/or analytical systems may be used if shown to yield equivalent results and if approved in advance by the Administrator (see § 86.1306-07).

(b) Component description. The components necessary for exhaust sampling shall meet the following requirements:

(1) Exhaust dilution system. The CVS shall conform to all of the requirements listed for the exhaust gas CVS systems in § 86.1309(b), (c), and (d). With respect to PM measurement, the intent of this measurement procedure is to perform the sample cooling primarily via dilution and mixing with air rather than via heat transfer to the surfaces of the sampling system. In addition the CVS must conform to the following requirements:

(i) The flow capacity of the CVS must be sufficient to maintain the diluted exhaust stream at the temperatures required for the measurement of particulate and hydrocarbon emission noted below and at, or above, the temperatures where aqueous condensation in the exhaust gases could occur. This is achieved by the following method. The flow capacity of the CVS must be sufficient to maintain the diluted exhaust stream in the primary dilution tunnel at a temperature of 191 °C or less at the sampling zone and as required to prevent condensation at any point in the dilution tunnel. Gaseous emission samples may be taken directly from this sampling point. An exhaust sample must then be taken at this point to be diluted a second time for use in determining particulate emissions. The secondary dilution system must provide sufficient secondary dilution air to maintain the double-diluted exhaust stream at a temperature of 47 C ±5 C, measured at a point located between the filter face and 16 cm upstream of the filter face.

(ii) For the CVS , either a heat exchanger (i.e. CFV-CVS) or electronic flow compensation (i.e. EFC-CFV-CVS), which also includes the particulate sample flows is required Refer to Figure N07-1.

(iii) When a heat exchanger is used, the gas mixture temperature, measured at a point immediately ahead of the critical flow venturi, shall be within ±11 °C of the average operating temperature observed during the test with the simultaneous requirement that aqueous condensation does not occur. The temperature measuring system (sensors and readout) shall have an accuracy and precision of ±1.9 °C. For systems utilizing a flow compensator to maintain proportional sampling, the requirement for maintaining constant temperature is not necessary.

(iv) The primary dilution air and secondary dilution air:

(A) Shall have a primary and secondary dilution air temperature equal to or greater than 15 °C.

(B) Primary dilution air shall be filtered at the dilution air inlet. The manufacturer of the primary dilution air filter shall state that the filter design has successfully achieved a minimum particle removal efficiency of 98% (less than 0.02 penetration) as determined using ASTM test method F 1471-93 (incorporated by reference at section 86.1). Secondary dilution air shall be filtered at the dilution air inlet using a high-efficiency particulate air filter (HEPA). The HEPA filter manufacturer shall state the HEPA filter design has successfully achieved a minimum particle removal efficiency of 99.97% (less than 0.0003 penetration) as determined using ASTM test method F 1471-93. It is recommended that the primary dilution air be filtered using a HEPA filter. EPA intends to utilize HEPA filters to condition primary dilution air in its test facilities. It is acceptable to use of a booster blower upstream or downstream of a HEPA filter in the primary dilution tunnel (and upstream of the introduction of engine exhaust into the CVS) to compensate for the additional pressure loss associated with the filter. The design of any booster blower located downstream of the filter should minimize the introduction of additional particulate matter into the CVS.

(C) Primary dilution air may be sampled to determine background particulate levels, which can then be subtracted from the values measured in the diluted exhaust stream. In the case of primary dilution air, the background particulate filter sample shall be taken immediately downstream of the dilution air filter and upstream of the engine exhaust flow (Figure N07-1). The provisions of paragraphs (b)(7) of this section, and of § 86.1312-2007 also apply to the measurement of background particulate matter, except that the filter temperature must be maintained below 52 °C.

(2) Heated proportional bag sampling systems. If a heated (191 ±11 °C) proportional bag sampling system is used for THC measurement, sample bags must demonstrate minimal outgassing and permeability by passing the following performance test:

(i) Performance test for sample bag HC outgassing and CO2 permeability. Bring the bag system to its operational temperature. Fill the heated sample bag with a nominal mixture of 1% CO2 in N2. Perform an initial measurement of CO2 and THC from the sample bag, and repeat the measurement after one hour. Acceptable performance criteria are <2% decrease of the initial CO2 reading and <1 ppmC THC.

(ii) [Reserved]

(3) Continuous HC measurement system. (i) The continuous HC sample system (as shown in Figure N07-1) uses an “overflow” zero and span system. In this type of system, excess zero or span gas spills out of the probe when zero and span checks of the analyzer are made. The “overflow” system may also be used to calibrate the HC analyzer per § 86.1321(b), although this is not required.

(ii) No other analyzers may draw a sample from the continuous HC sample probe, line or system, unless a common sample pump is used for all analyzers and the sample line system design reflects good engineering practice.

(iii) The overflow gas flow rates into the sample line shall be at least 105% of the sample system flow rate.

(iv) The overflow gases shall enter the heated sample line as close as practicable to the outside surface of the CVS duct or dilution tunnel.

(v) The continuous HC sampling system shall consist of a probe (which must raise the sample to the specified temperature) and, where used, a sample transfer system (which must maintain the specified temperature). The continuous hydrocarbon sampling system (exclusive of the probe) shall:

(A) Maintain a wall temperature of 191 °C ±11 °C as measured at every separately controlled heated component (i.e., filters, heated line sections), using permanent thermocouples located at each of the separate components.

(B) Have a wall temperature of 191 °C ±11 °C over its entire length. The temperature of the system shall be demonstrated by profiling the thermal characteristics of the system at initial installation and after any major maintenance performed on the system. The temperature profile of the HC sampling system shall be demonstrated by inserting thermocouple wires (typically TeflonTM coated for ease of insertion) into the sampling system assembled in-situ where possible, using good engineering judgment. The wire should be inserted up to the HFID inlet. Stabilize the sampling system heaters at normal operating temperatures. Withdraw the wires in increments of 5 cm to 10 cm (2 inches to 4 inches) including all fittings. Record the stabilized temperature at each position. The system temperature will be monitored during testing at the locations and temperature described in § 86.1310-90(b)(3)(v)(A).

(C) Maintain a gas temperature of 191 °C ±11 °C immediately before the heated filter and HFID. These gas temperatures will be determined by a temperature sensor located immediately upstream of each component.

(vi) The continuous hydrocarbon sampling probe shall:

(A) Be defined as the first 25.4 cm (10 in) to 76.2 cm (30 in) of the continuous hydrocarbon sampling system;

(B) Have a 0.483 cm (0.19 in) minimum inside diameter;

(C) Be installed in the primary dilution tunnel at a point where the dilution air and exhaust are well mixed (i.e., approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel);

(D) Be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies; and

(E) Increase the gas stream temperature to 191 °C ±11 °C by the exit of the probe. The ability of the probe to accomplish this shall be demonstrated at typical sample flow rates using the insertion thermocouple technique at initial installation and after any major maintenance. Compliance with the temperature specification shall be demonstrated by monitoring during each test the temperature of either the gas stream or the wall of the sample probe at its terminus.

(vii) The response time of the continuous measurement system shall be no greater than:

(A) 1.5 seconds from an instantaneous step change at the port entrance to the analyzer to within 90 percent of the step change;

(B) 10 seconds from an instantaneous step change at the entrance to the sample probe or overflow span gas port to within 90 percent of the step change. Analysis system response time shall be coordinated with CVS flow fluctuations and sampling time/test cycle offsets if necessary; and

(C) For the purpose of verification of response times, the step change shall be at least 60 percent of full-scale chart deflection.

(4) Primary-dilution tunnel. (i) The primary dilution tunnel shall be:

(A) Small enough in diameter to cause turbulent flow (Reynolds Number greater than 4000) and of sufficient length to cause complete mixing of the exhaust and dilution air. Good engineering judgment shall dictate the use of mixing plates and mixing orifices to ensure a well-mixed sample. To verify mixing, EPA recommends flowing a tracer gas (i.e. propane or CO2) from the raw exhaust inlet of the dilution tunnel and measuring its concentration at several points along the axial plane at the sample probe. Tracer gas concentrations should remain nearly constant (i.e. within 2%) between all of these points.

(B) At least 8 inches (20 cm) in diameter.

(C) Constructed of electrically conductive material which does not react with the exhaust components.

(D) Electrically grounded.

(E) EPA recommends that the tunnel should have minimal thermal capacitance such that the temperature of the walls tracks with the temperature of the diluted exhaust.

(ii) The temperature of the diluted exhaust stream inside of the primary dilution tunnel shall be sufficient to prevent water condensation.

(iii) The engine exhaust shall be directed downstream at the point where it is introduced into the primary dilution tunnel.

(5) Continuously integrated NO X, CO, and CO2 measurement systems. (i) The sample probe shall:

(A) Be in the same plane as the continuous HC probe, but shall be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influences of any wakes or eddies; and

(B) Heated and insulated over the entire length, to prevent water condensation, to a minimum temperature of 131 °F (55 °C). Sample gas temperature immediately before the first filter in the system shall be at least 131 °F (55 °C).

(ii) The continuous NOX, CO, or CO2 sampling and analysis system shall conform to the specifications of subpart D of this part, with the following exceptions:

(A) The system components required to be heated by subpart D need only be heated to prevent water condensation, the minimum component temperature shall be 131 °F (55 °C);

(B) The system response defined in § 86.329-79 shall be no greater than 10 seconds. Analysis system response time shall be coordinated with CVS flow fluctuations and sampling time/test cycle offsets, if necessary;

(C) Alternative NOX measurement techniques outlined in § 86.346-79 are not permitted for NOX measurement in this subpart;

(D) All analytical gases shall conform to the specifications of § 86.1314;

(E) Any range on a linear analyzer below 100 ppm shall have and use a calibration curve conforming to § 86. 1323-07; and

(F) The measurement accuracy requirements are specified in § 86. 1338-07 .

(iii) The signal output of analyzers with non-linear calibration curves shall be converted to concentration values by the calibration curve(s) specified in subpart D of this part (§ 86.330-79) before flow correction (if used) and subsequent integration takes place.

(6) Particulate sampling system. This method collects a proportional sample from the primary tunnel, and then transfers this sample to a secondary dilution tunnel where the sample is further diluted. The double-diluted sample is then passed through the collection filter. Proportionality (i.e., mass flow ratio) between the primary tunnel flow rate and the sample flow rate must be maintained within ±5%, excluding the first 10 seconds of the test at start-up. The requirements for this system are:

(i) The particulate sample transfer tube shall be configured and installed so that:

(A) The inlet faces upstream in the primary dilution tunnel at a point where the primary dilution air and exhaust are well mixed.

(B) The particulate sample exits on the centerline of the secondary tunnel.

(ii) The entire particulate sample transfer tube shall be:

(A) Sufficiently distant (radially) from other sampling probes (in the primary dilution tunnel) so as to be free from the influence of any wakes or eddies produced by the other probes.

(B) 0.85 cm minimum inside diameter.

(C) No longer than 36 in (91 cm) from inlet plane to exit plane.

(D) Designed to minimize the diffusional and thermophoretic deposition of particulate matter during transfer (i.e., sample residence time in the transfer tube should be as short as possible, temperature gradients between the flow stream and the transfer tube wall should be minimized). Double-wall, thin-wall, air-gap insulated, or a controlled heated construction for the transfer tube is recommended.

(E) Constructed such that the surfaces exposed to the sample shall be an electrically conductive material, which does not react with the exhaust components, and this surface shall be electrically grounded so as to minimize electrostatic particulate matter deposition.

(iii) The secondary dilution air shall be at a temperature equal to or greater than 15 °C.

(iv) The secondary-dilution tunnel shall be constructed such that the surfaces exposed to the sample shall be an electrically conductive material, which does not react with the exhaust components, and this surface shall be electrically grounded so as to minimize electrostatic particulate deposition.

(v) Additional dilution air must be provided so as to maintain a sample temperature of 47 °C ±5 °C upstream of the sample filter. Temperature shall be measured with a thermocouple with a 3/16″ shank, having thermocouple wires with a gage diameter 24 AWG or smaller, a bare-wire butt-welded junction; or other suitable temperature measurement with an equivalent or faster time constant and an accuracy and precision of ±1.9 °C.

(vi) The filter holder assembly shall be located within 12.0 in (30.5 cm) of the exit of the secondary dilution tunnel.

(vii) The face velocity through the sample filter shall not exceed 100 cm/s (face velocity is defined as the standard volumetric sample flow rate (i.e., scm3/sec) divided by the sample filter stain area (i.e., cm2)).

(7) Particulate sampling—(i) Filter specifications. (A) Polytetrafluoroethylene (PTFE or TeflonTM) coated borosilicate glass fiber high-efficiency filters or polytetrafluoroethylene (PTFE or TeflonTM) high-efficiency membrane filters with an integral support ring of polymethylpentene (PMP) or equivalent inert material are required. Filters shall have a minimum clean filter efficiency of 99% as measured by the ASTM D2986-95a DOP test (incorporated by reference at § 86.1).

(B) Particulate filters must have a diameter of 46.50 ±0.6 mm ( 38 mm minimum stain diameter).

(C) The dilute exhaust is simultaneously sampled by a single high-efficiency filter during the cold-start test and by a second high efficiency filter during the hot-start test.

(D) It is recommended that the filter loading should be maximized consistent with temperature requirements.

(ii) Filter holder assembly. The filter holder assembly shall comply with the specifications set forth for ambient PM measurement in 40 CFR part 50, appendix L 7.3.5, figures L-25 and L-26, with the following exceptions:

(A) The material shall be 302, 303, or 304 stainless steel instead of anodized aluminum.

(B) The 2.84 cm diameter entrance to the filter holder may be adapted, using sound engineering judgment and leak-free construction, to an inside diameter no smaller than 0.85 cm, maintaining the 12.5° angle from the inlet of the top filter holder to the area near the sealing surface of the top of the filter cartridge assembly. Figure N07-2 shows acceptable variation from the design in 40 CFR part 50, appendix L. Similar variations using sound engineering design are also acceptable provided that they provide even flow distribution across the filter media and a similar leak-free seal with the filter cartridge assembly.

(C) If additional or multiple filter cartridges are stored in a particulate sampler as part of an automatic sequential sampling capability, all such filter cartridges, unless they are installed in the sample flow (with or without flow established) shall be covered or sealed to prevent communication of semi-volatile matter from filter to filter; contamination of the filters before and after sampling; or loss of volatile or semi-volatile particulate matter after sampling.

(iii) Filter cartridge assembly. The filter cartridge assembly shall comply with the specifications set forth for ambient PM measurement in 40 CFR part 50, appendix L 7.3.5, figures L-27, L-28, and L-29, with the following exceptions:

(A) In addition to the specified Delrin TM material, 302, 303, or 304 stainless steel, polycarbonate or acrylonitrile/butadiene/styrene (ABS) resin, or a combination of these materials may also be used.

(B) A bevel introduced on the inside diameter of the entrance to the filter cartridge, as used by some commercially available automated sequential particulate filter cartridge changers, is also acceptable (see Figure N07-3).

(iv) Particle preclassifier. A particle preclassifier shall be installed immediately upstream of the filter holder assembly (N07-1). The purpose of the preclassifier is to remove coarse, mechanically generated particles (e.g., rust from the engine exhaust system or carbon sheared from the sampling system walls) from the sample flow stream while allowing combustion-generated particles to pass through to the filter. The preclassifier may be either an inertial impactor or a cyclonic separator. The preclassifier manufacturer 50% cutpoint particle diameter shall be between 2.5 µm and 10 µm at the volumetric flow rate selected for sampling of particulate matter emissions. Sharpness of cut is not specifically defined, but the preclassifier geometry shall allow at least 99% of the mass concentration of 1 µm particles to pass through the exit of the preclassifier to the filter at the volumetric flow rate selected for sampling particulate matter emissions. Periodic servicing of the preclassifier will be necessary to prevent a buildup of mechanically separated particles. The particle preclassifier may be made integral with the top of the filter holder assembly. The preclassifier may also be made integral with a mixing-tee for introduction of secondary dilution air, thus replacing the secondary dilution tunnel; provided that the preclassifier provides sufficient mixing.

(a) Ambient conditions—(1) Temperature. The ambient temperature of the chamber (or room) in which the particulate filters are conditioned and weighed shall be maintained at 295 K ±3 K (22 °C ±3 °C) during all filter conditioning and weighing.

(2) Humidity. The humidity of the chamber (or room) in which the particulate filters are conditioned and weighed shall be maintained at a dew point temperature of 282.5 K ±3 K (9.4 °C ±3 °C) and a relative humidity of 45% ±8%. Either the dew point temperature or the relative humidity or both may be averaged over the preceding 10 minute period on a moving average basis.

(3) The chamber (or room) environment shall be free of any ambient contaminates (such as dust) that would settle on the particulate filters during their stabilization. It is required that at least two unused reference filter pairs remain in the weighing room at all times in covered (to reduce dust contamination) but unsealed (to permit humidity exchange) petri dishes. These reference filter pairs shall be placed in the same general area as the sample filters. These reference filter pairs shall be weighed within 4 hours of, but preferably at the same time as, the sample filter pair weighings.

(4) If the average weight of the reference filter pairs changes between sample filter weighings by more than 40 micrograms, then all sample filters and background filters in the process of stabilization shall be discarded and the emissions tests repeated.

(5) If the room (or chamber) environmental conditions are not met, then the filters shall remain in the conditioning room for at least one hour after correct conditions are met prior to weighing.

(6) The reference filter pairs shall be changed at least once a month, but never between clean and used weighings of a given sample filter pairs. More than one set of reference filter pair may be used. The reference filters shall be the same size and material as the sample filters.

(b) Weighing balance specifications. The microgram balance used to determine the weights of all filters shall have a precision (standard deviation) of 20 micrograms and readability of 10 micrograms.

(a) Ambient conditions for filter stabilization and weighing—(1) Temperature and humidity. (i) The filter stabilization environment shall be maintained at 22 °C ±3 °C and a dewpoint of 9.5 °C ±1 °C. Dewpoint shall be measured with an instrument that exhibits an accuracy of at least ±0.25 °C NIST traceable as stated by the instrument manufacturer. Temperature shall be measured with an instrument that exhibits an accuracy of at least ±0.2 °C or better.

(ii) The immediate microbalance workstation environment shall be maintained at 22 °C ±1 °C and a dewpoint of 9.5 °C ±1 °C. If the microbalance workstation environment freely circulates with the filter stabilization environment, and this entire environment meets 22 °C ±1 °C and a dewpoint of 9.5 °C ±1 °C , then there is no requirement to measure temperature and dewpoint at the microbalance separate from the filter stabilization location. Otherwise, temperature at the microbalance workstation shall be measured with an instrument that exhibits an accuracy of at least ±0.2 °C or better, and dewpoint shall be measured with an instrument that exhibits an accuracy of at least ±0.25 °C NIST traceable as stated by the instrument manufacturer.

(2) Cleanliness. (i) The microbalance and filter stabilization environments shall be free of ambient contaminants (such as dust or other aerosols) that could settle on the particulate filters. It is recommended that these environments be built to conform with the Class 1000 specification (or cleaner) as determined by Federal Standard 209D or 209E for clean room classification (Available from the Institute of Environmental Standards and Technology website at www.iest.org or phone (847) 255-1561). An alternative recommendation would be to equilibrate and/or weigh the filters within a separate, smaller, particle-free, temperature and humidity-controlled chamber (i.e., “glove box”).

(ii) Reference filters shall be used to monitor for gross particle contamination. It is required that at least two unused reference filters remain in the filter stabilization environment at all times in partially covered glass petri dishes, as in paragraph (c) (1) of this section. These reference filters shall be placed in the filter stabilization environment. The reference filters shall be weighed within 2 hours of, but preferably at the same time as, the sample filters. The reference filters shall be changed at least once a month, but never while any sample filters are between their tare weight (pre-sampling) and gross weight (post-sampling) measurements. The reference filters shall be the same size and material as the sample filters.

(3) Quality control of ambient conditions. (i) If, before the start of a weighing session, the temperature or dewpoint of the filter stabilization environment are not within specifications, then filters must remain in the environment for at least 30 minutes after conditions are corrected. If the filter stabilization environment changes during a weighing session such that the specifications are no longer met, the weighing session shall be suspended until the environment has returned to within specifications for at least 30 minutes. Once the environment has returned to within specifications for at least 30 minutes, the reference filters shall be reweighed and the criteria in paragraph (a)(3)(ii) of this section shall apply. Note that temperature and dewpoint shall be sampled once per second, and an unweighted 5-minute moving average of this data shall be calculated once per second. This moving average shall be used to determine the environment temperature and dewpoint for the purpose of determining whether or not the environment is within specifications.

(ii) If the average change in weight of the reference filters is more than 10 micrograms (after correcting for buoyancy as described in paragraph (c)(3) of this section), then all filters in the process of stabilization shall be discarded and all data collected with respect to the discarded filters shall be considered void. Note that more than 2 reference filters may be used to achieve a more robust average of the change in weight of the reference filters.

(b) Microbalance specifications. The microbalance used to determine the weights of all filters shall have a precision (standard deviation) of at least ±0.25 micrograms or better for repeated weighing of a calibration weight, a precision of at least ±2.5 micrograms or better for repeated weighing of a clean filter, and a readability equal to or less than 0.1 micrograms. It is recommended that the microbalance be installed on a vibration isolation platform to isolate the microbalance's load cell from external vibration. It is also recommended that the microbalance should be shielded from convective airflow by means of an electrically grounded static dissipative draft shield. Microbalance manufacturer specifications for all preventive maintenance, periodic certification, calibration, and re-zeroing shall be followed. All certification and calibration procedures shall be NIST traceable, or traceable to an equivalent national standard.

(c) Particulate matter filter handling and weighing. Care should be taken to prevent contamination of the sample filters and to prevent a buildup of static charge on the filters that could interfere with filter weighing. Static neutralizers, such as Po-210 sources, shall be used to neutralize charge on a filter prior to each weighing. A static neutralizer should be replaced at the interval recommended by its manufacturer, or when it is no longer able to reduce static charge on a filter to less than ±2 VDC as measured with an electrostatic monitor at the microbalance workstation. The person weighing filters shall be grounded with respect to the microbalance to prevent imparting a static charge on the filters. This can be accomplished safely by using a grounding strap such as the wrist straps that are commonly used in the microelectronics industry, or by connecting a similar grounding strap to the tweezers. To prevent electrical shock, a 1-megohm resistor should be installed in series between the person weighing filters and ground.

(1) Within the filter stabilization environment, a pair of clean and electrically conductive tweezers shall be used to place a filter in the lower half of a filter cassette and the cassette shall be placed in a partially open glass petri dish. The petri dish lid should extend over the filter to prevent gross contamination, but it should be left slightly open on one edge to permit stabilization with the environment for at least 30 minutes.

(2) After at least 30 minutes of stabilization, each filter shall be weighed using the specified microbalance. The process of weighing a filter may be repeated and a statistical mean weight of a single filter may be calculated. Sound engineering judgment shall dictate the use of statistics to discard outliers and the weighting of averages. For a clean filter its single weight or statistical mean weight shall be considered the uncorrected tare weight of the filter.

(3) All filter weights shall be corrected for filter buoyancy in air. For the uncorrected tare weight of a filter, this calculated value is the corrected tare weight of the filter, and it must be recorded (see § 86.1344(e)(18)). Barometric pressure of the microbalance environment shall be measured with an instrument that exhibits ±0.01% full-scale accuracy and 0.01% per-year full scale stability, and the full-scale value used for such a specification shall not exceed 200 kPa.

(i) Buoyancy correction calculation. (A) Calculate vapor pressure of liquid water using the dewpoint temperature in the Magnus formula:

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

(C) Buoyancy correction:

(ii) For determining ρs note that PTFE (TeflonTM) and borosilicate glass both have densities in the range of 2,200 to 2,400 kg/m3. Therefore, for PTFE-coated borosilicate glass fiber filters, an acceptable ρs is 2,300 kg/m3. Note also that polymethylpentene has a density of 850 kg/m3. Because Teflon PTFE membrane filters have an integral polymethylpentene support ring that accounts for 95% of the filter mass, an acceptable ρs for these filters is 920 kg/m3. Other ρs values for other filters may be obtained similarly. Information about “ρs should be available from the calibration weight manufacturer.

(iii) This paragraph (c)(3)(iii) shows an example of the buoyancy correction. This example assumes the following inputs: Barometric pressure (P)=101.325 kPa, temperature (T)=22.0 °C, dewpoint temperature (Tdp)=9.5 °C, balance display (R)=100.0000 mg, calibration weight density (ρw)=8,000 kg/m3, and filter material density (ρs)=2,300 kg/m3. Then:

(A) The water vapor pressure (Pw) is calculated as:

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

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

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

(2)(i) Unleaded gasoline representative of commercial gasoline which will be generally available through retail outlets shall be used in service accumulation.

(ii) The octane rating of the gasoline used shall not be higher than one Research octane number above the minimum recommended by the manufacturer and have a minimum sensitivity of 7.5 octane numbers, where sensitivity is defined as the Research octane number minus the Motor octane number.

(iii) The Reid Vapor Pressure of the gasoline used shall be characteristic of the motor fuel used during the season in which the service accumulation takes place.

(3) The specification range of the gasoline to be used under paragraph (a) of this section shall be reported in accordance with § 86.094-21(b)(3).

(b) Petroleum diesel test fuel. (1) The petroleum fuels for testing diesel engines employed for testing shall be clean and bright, with pour and cloud points adequate for operability. The petroleum diesel fuel may contain nonmetallic additives as follows: Cetane improver, metal deactivator, antioxidant, dehazer, antirust, pour depressant, dye, dispersant and biocide. Fuels specified for emissions testing are intended to be representative of commercially available in-use fuels.

(2) Petroleum fuel for diesel engines meeting the specifications in Table N94-2, or substantially equivalent specifications approved by the Administrator, shall be used in exhaust emissions testing. The grade of petroleum fuel used shall be commercially designated as “Type 2-D” grade diesel fuel except that fuel commercially designated at “Type 1-D” grade diesel fuel may be substituted provided that the manufacturer has submitted evidence to the Administrator demonstrating to the Administrator's satisfaction that this fuel will be the predominant in-use fuel. Such evidence could include such things as copies of signed contracts from customers indicating the intent to purchase and use “Type 1-D” grade diesel fuel as the primary fuel for use in the engines or other evidence acceptable to the Administrator.

(3) Petroleum diesel fuel for diesel engines meeting the specifications in table N94-3, or substantially equivalent specifications approved by the Administrator, shall be used in service accumulation. The grade of petroleum diesel fuel used shall be commercially designated as “Type 2-D” grade diesel fuel except that fuel commercially designated as “Type 1-D” grade diesel fuel may be substituted provided that the manufacturer has submitted evidence to the Administrator demonstrating to the Administrator's satisfaction that this fuel will be the predominant in-use fuel. Such evidence could include such things as copies of signed contracts from customers indicating the intent to purchase and use “Type 1-D” grade diesel fuel as the primary fuel for use in the engines or other evidence acceptable to the Administrator.

(4) Other petroleum distillate fuels may be used for testing and service accumulation provided:

(i) They are commercially available; and

(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and

(iii) Use of a fuel listed under paragraphs (b)(2) and (b)(3) of this section would have a detrimental effect on emissions or durability; and

(iv) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.

(5) The specification range of the fuels to be used under paragraph (b) of this section shall be reported in accordance with § 86.094-21(b)(3).

(c) Methanol-fuel. (1) Methanol fuel used for exhaust and evaporative emission testing and in service accumulation of methanol-fueled engines shall be representative of commercially available methanol fuel and shall consist of at least 50 percent methanol by volume.

(i) Manufacturers shall recommend the methanol fuel to be used for testing and service accumulation.

(ii) The Administrator shall determine the methanol fuel to be used for testing and service accumulation.

(2) Other methanol fuels may be used for testing and service accumulation provided:

(i) They are commercially available; and

(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and

(iii) Use of a fuel listed under paragraph (b)(4)(c)(1) of this section would have a detrimental effect on emissions or durability; and

(iv) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.

(3) The specification range of the fuels to be used under paragraphs (c)(1) and (c)(2) of this section shall be reported in accordance with § 86.094-21(b)(3).

(d) Mixtures of petroleum and methanol fuels for flexible fuel vehicles. (1) Mixtures of petroleum and methanol fuels used for exhaust emission testing and service accumulation for flexible fuel vehicles shall consist of the methanol and petroleum fuels listed in paragraph (a) or (b) of this section, and shall be within the range of fuel mixtures for which the vehicle was designed, as reported in accordance with § 86.94-21. The Administrator may use any fuel mixture within this range for testing.

(2) The fuel mixtures used by the manufacturers shall be sufficient to demonstrate compliance over the full design range, and shall include:

(i) For emission testing:

(A) A petroleum fuel specified in paragraph (a) or paragraph (b) of this section;

(B) A methanol fuel representative of the methanol fuel expected to the found in use.

(ii) For service accumulation, an alternating combination of the fuels specified in paragraphs (a) or (b), and (c) of this section that, based on good engineering judgement, demonstrates the durability of the emissions control system. The combination shall be selected such that the cumulative volumes of both the methanol fuel and the petroleum fuel used shall be at least 25 percent of the total fuel volume. The fuels shall be or alternated at intervals not to exceed 500 hours.

(iii) Or, other combinations for testing and/or service accumulation which demonstrate compliance with the standards over the entire design range of the vehicle, provided that written approval is obtained from the Administrator prior to the start of testing.

(3) The specification range of the fuels to be used under this paragraph (d) shall be reported in accordance with § 86.094-21.

(e) Natural gas-fuel. (1) Natural gas-fuel having the following specifications will be used by the Administrator for exhaust and evaporative emission testing of natural gas-fueled engines:

(2) Natural gas-fuel representative of commercial natural gas-fuel and which will be generally available through retail outlets shall be used in service accumulation.

(3) Other natural gas-fuels may be used for testing and service accumulation provided:

(i) They are commercially available;

(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and

(iii) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.

(4) The specification range of the fuels to be used under paragraphs (e)(1) and (e)(2) of this section shall be reported in accordance with § 86.094-21(b)(3).

(f) Liquified petroleum gas-fuel. (1) Liquified petroleum gas-fuel used for exhaust and evaporative emission testing and in service accumulation shall be commercially available liquefied petroleum gas-fuel.

(i) Manufacturers shall recommend the liquefied petroleum gas-fuel to be used for testing and service accumulation.

(ii) The Administrator shall determine the liquefied petroleum gas-fuel to be used for testing and service accumulation.

(2) Other liquefied petroleum gas-fuels may be used for testing and service accumulation provided:

(i) They are commercially available;

(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in customer service; and

(iii) Written approval from the Administrator of the fuel specifications must be provided prior to the start of testing.

(3) The specification range of the fuels to be used under paragraphs (f)(1) and (f)(2) of this section shall be measured in accordance with ASTM D2163-91 and reported in accordance with § 86.094-21(b)(3).

(g) Fuels not meeting the specifications set forth in this section may be used only with the advance approval of the Administrator.

Section 86.1313-98 includes text that specifies requirements that differ from § 86.1313-94. Where a paragraph in § 86.1313-94 is identical and applicable to § 86.1313-98, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.1313-94”.

(a) through (b)(1) [Reserved]. For guidance see § 86.1313-94.

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

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