[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2013 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Part 86 (Sec. 86.600-1 to end of part 86)
Revised as of July 1, 2013
Containing a codification of documents of general
applicability and future effect
As of July 1, 2013
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 661
Alphabetical List of Agencies Appearing in the CFR...... 681
List of CFR Sections Affected........................... 691
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 86.601-84
refers to title 40, part
86, section 601-84.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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[[Page vi]]
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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CFR INDEXES AND TABULAR GUIDES
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this volume.
[[Page vii]]
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Charles A. Barth,
Director,
Office of the Federal Register.
July 1, 2013.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-two
volumes. The parts in these volumes are arranged in the following order:
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-end
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts
72-80, parts 81-84, part 85-Sec. 86.599-99, part 86 (86.600-1-end of
part 86), parts 87-99, parts 100-135, parts 136-149, parts 150-189,
parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-
424, parts 425-699, parts 700-789, parts 790-999, and part 1000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of July 1, 2013.
Chapter I--Environmental Protection Agency appears in all thirty-two
volumes. Regulations issued by the Council on Environmental Quality,
including an Index to Parts 1500 through 1508, appear in the volume
containing part 1000 to end. The OMB control numbers for title 40 appear
in Sec. 9.1 of this chapter.
For this volume, Robert J. Sheehan, III was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 86, Sec.86.600-1 to end of part 86)
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Part
chapter i--Environmental Protection Agency (Continued)...... 86
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
86 Control of emissions from new and in-use
highway vehicles and engines (Continued) 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND
ENGINES (CONTINUED)--Table of Contents
Subpart G_Selective Enforcement Auditing of New Light-Duty Vehicles,
Light-Duty Trucks, and Heavy-Duty Vehicles
Sec.
86.601-1--86.601-83 [Reserved]
86.601-84 Applicability.
86.602-84 Definitions.
86.602-98 Definitions.
86.603-88 Test orders.
86.603-98 Test orders.
86.604-84 Testing by the Administrator.
86.605-88 Maintenance of records; submittal of information.
86.605-98 Maintenance of records; submittal of information.
86.606-84 Entry and access.
86.607-84 Sample selection.
86.608-98 Test procedures.
86.609-98 Calculation and reporting of test results.
86.610-98 Compliance with acceptable quality level and passing and
failing criteria for Selective Enforcement Audits.
86.612-97 Suspension and revocation of certificates of conformity.
86.614-84 Hearings on suspension, revocation, and voiding of
certificates of conformity.
86.615-84 Treatment of confidential information.
Subpart H_General Provisions for In-Use Emission Regulations for 1994
and Later Model Year Light-Duty Vehicles and Light-Duty Trucks
86.701-94 General applicability.
86.702-94 Definitions.
86.703-94 Abbreviations.
86.704-94 Section numbering; construction.
86.705-94--86.707-94 [Reserved]
86.708-94 In-use emission standards for 1994 and later model year light-
duty vehicles.
86.708-98 In-use emission standards for 1998 and later model year light-
duty vehicles.
86.709-94 In-use emission standards for 1994 and later model year light-
duty trucks.
86.709-99 In-use emission standards for 1999 and later model year light-
duty trucks.
Subpart I_Emission Regulations for New Diesel Heavy-Duty Engines; Smoke
Exhaust Test Procedure
86.884-1 General applicability.
86.884-2 Definitions.
86.884-3 Abbreviations.
86.884-4 Section numbering.
86.884-5 Test procedures.
86.884-6 Fuel specifications.
86.884-7 Dynamometer operation cycle for smoke emission tests.
86.884-8 Dynamometer and engine equipment.
86.884-9 Smoke measurement system.
86.884-10 Information.
86.884-11 Instrument checks.
86.884-12 Test run.
86.884-13 Data analysis.
86.884-14 Calculations.
Subpart J_Fees for the Motor Vehicle and Engine Compliance Program
86.901 Assessment of fees.
Subpart K_Selective Enforcement Auditing of New Heavy-Duty Engines
86.1001 Applicability.
Subpart L_Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-
Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks
86.1101-87 Applicability.
86.1102-87 Definitions.
86.1103-87 Criteria for availability of nonconformance penalties.
86.1104-91 Determination of upper limits.
86.1105-87 Emission standards for which nonconformance penalties are
available.
86.1106-87 Production compliance auditing.
86.1107-87 Testing by the Administrator.
86.1108-87 Maintenance of records.
86.1109-87 Entry and access.
86.1110-87 Sample selection.
86.1111-87 Test procedures for PCA testing.
86.1112-87 Determining the compliance level and reporting of test
results.
86.1113-87 Calculation and payment of penalty.
86.1114-87 Suspension and voiding of certificates of conformity.
86.1115-87 Hearing procedures for nonconformance determinations and
penalties.
86.1116-87 Treatment of confidential information.
Subpart M_Evaporative Emission Test Procedures for New Gasoline-Fueled,
Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled
Heavy-Duty Vehicles
86.1201-90 Applicability.
86.1202-85 Definitions.
[[Page 6]]
86.1203-85 Abbreviations.
86.1204 Section numbering.
86.1205-90 Introduction; structure of subpart.
86.1206-96 Equipment required; overview.
86.1207-96 Sampling and analytical system; evaporative emissions.
86.1213-08 Fuel specifications.
86.1213-94 Fuel specifications.
86.1214-85 Analytical gases.
86.1215-85 EPA heavy-duty vehicle (HDV) urban dynamometer driving
schedule.
86.1216-90 Calibrations; frequency and overview.
86.1217-96 Evaporative emission enclosure calibrations.
86.1218-85 Dynamometer calibration.
86.1221-90 Hydrocarbon analyzer calibration.
86.1226-85 Calibration of other equipment.
86.1227-96 Test procedures; overview.
86.1228-85 Transmissions.
86.1229-85 Dynamometer load determination and fuel temperature profile.
86.1230-96 Test sequence; general requirements.
86.1231-90 Vehicle preparation.
86.1231-96 Vehicle preparation.
86.1232-96 Vehicle preconditioning.
86.1233-96 Diurnal emission test.
86.1234-96 Running loss test.
86.1235-96 Dynamometer procedure.
86.1236-85 Engine starting and restarting.
86.1237-85 Dynamometer runs.
86.1237-96 Dynamometer runs.
86.1238-96 Hot soak test.
86.1242-90 Records required.
86.1243-96 Calculations; evaporative emissions.
86.1246-96 Fuel dispensing spitback procedure.
Subpart N_Emission Regulations for New Otto-Cycle and Diesel Heavy-Duty
Engines; Gaseous and Particulate Exhaust Test Procedures
86.1301 Scope; applicability.
86.1302-84 Definitions.
86.1303-84 Abbreviations.
86.1304 Section numbering; construction.
86.1305-90 Introduction; structure of subpart.
86.1305-2004 Introduction; structure of subpart.
86.1305-2010 Introduction; structure of subpart.
86.1306-07 Equipment required and specifications; overview.
86.1306-96 Equipment required and specifications; overview.
86.1308-84 Dynamometer and engine equipment specifications.
86.1309-90 Exhaust gas sampling system; Otto-cycle and non-petroleum-
fueled engines.
86.1310-90 Exhaust gas sampling and analytical system; diesel engines.
86.1310-2007 Exhaust gas sampling and analytical system for gaseous
emissions from heavy-duty diesel-fueled engines and
particulate emissions from all engines.
86.1311-94 Exhaust gas analytical system; CVS bag sample.
86.1312-88 Weighing chamber and microgram balance specifications.
86.1312-2007 Filter stabilization and microbalance workstation
environmental conditions, microbalance specifications, and
particulate matter filter handling and weighing procedures.
86.1313-94 Fuel specifications.
86.1313-98 Fuel specifications.
86.1313-2004 Fuel specifications.
86.1313-2007 Fuel specifications.
86.1314-94 Analytical gases.
86.1316-94 Calibrations; frequency and overview.
86.1318-84 Engine dynamometer system calibrations.
86.1319-90 CVS calibration.
86.1320-90 Gas meter or flow instrumentation calibration; particulate,
methanol, and formaldehyde measurement.
86.1321-94 Hydrocarbon analyzer calibration.
86.1322-84 Carbon monoxide analyzer calibration.
86.1323-84 Oxides of nitrogen analyzer calibration.
86.1323-2007 Oxides of nitrogen analyzer calibration.
86.1324-84 Carbon dioxide analyzer calibration.
86.1325-94 Methane analyzer calibration.
86.1326-90 Calibration of other equipment.
86.1327-96 Engine dynamometer test procedures; overview.
86.1327-98 Engine dynamometer test procedures; overview.
86.1330-90 Test sequence; general requirements.
86.1332-90 Engine mapping procedures.
86.1333-90 Transient test cycle generation.
86.1333-2010 Transient test cycle generation.
86.1334-84 Pre-test engine and dynamometer preparation.
86.1335-90 Cool-down procedure.
86.1336-84 Engine starting, restarting, and shutdown.
86.1337-96 Engine dynamometer test run.
86.1337-2007 Engine dynamometer test run.
86.1338-84 Emission measurement accuracy.
86.1338-2007 Emission measurement accuracy.
86.1339-90 Particulate filter handling and weighing.
86.1340-90 Exhaust sample analysis.
86.1340-94 Exhaust sample analysis.
86.1341-90 Test cycle validation criteria.
86.1341-98 Test cycle validation criteria.
86.1342-90 Calculations; exhaust emissions.
[[Page 7]]
86.1342-94 Calculations; exhaust emissions.
86.1343-88 Calculations; particulate exhaust emissions.
86.1344-94 Required information.
86.1360-2007 Supplemental emission test; test cycle and procedures.
86.1362-2007 Steady-state testing with a ramped-modal cycle.
86.1362-2010 Steady-state testing with a ramped-modal cycle.
86.1363-2007 Steady-state testing with a discrete-mode cycle.
86.1370-2007 Not-To-Exceed test procedures.
86.1372-2007 Measuring smoke emissions within the NTE zone.
86.1375-2007 Equipment specifications for field testing.
86.1380-2004 Load response test.
Subpart O_Emission Regulations for New Gasoline-Fueled Otto-Cycle Light-
Duty Vehicles and New Gasoline-Fueled Otto-Cycle Light-Duty Trucks;
Certification Short Test Procedures
86.1401 Scope; applicability.
86.1402 Definitions.
86.1403 Abbreviations.
86.1404 [Reserved]
86.1405 Introduction; structure of subpart.
86.1406 Equipment required and specifications; overview.
86.1407-86.1412 [Reserved]
86.1413 Fuel specifications.
86.1414-86.1415 [Reserved]
86.1416 Calibration; frequency and overview.
86.1417-86.1421 [Reserved]
86.1422 Analyzer calibration.
86.1423-86.1426 [Reserved]
86.1427 Certification Short Test procedure; overview.
86.1428-86.1429 [Reserved]
86.1430 Certification Short Test sequence; general requirements.
86.1431 [Reserved]
86.1432 Vehicle preparation.
86.1433 [Reserved]
86.1434 Equipment preparation.
86.1435-86.1436 [Reserved]
86.1437 Test run--manufacturer.
86.1438 Test run--EPA.
86.1439 Certification Short Test emission test procedures--EPA.
86.1440-86.1441 [Reserved]
86.1442 Information required.
Subpart P_Emission Regulations for Otto-Cycle Heavy-Duty Engines, New
Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-Fueled
Diesel-Cycle Heavy-Duty Engines, New Otto-Cycle Light-Duty Trucks, and
New Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-
Fueled Diesel-Cycle Light-Duty Trucks; Idle Test Procedures
86.1501 Scope; applicability.
86.1502 Definitions.
86.1503 Abbreviations.
86.1505 Introduction; structure of subpart.
86.1506 Equipment required and specifications; overview.
86.1509 Exhaust gas sampling system.
86.1511 Exhaust gas analysis system.
86.1513 Fuel specifications.
86.1514 Analytical gases.
86.1516 Calibration; frequency and overview.
86.1519 CVS calibration.
86.1522 Carbon monoxide analyzer calibration.
86.1524 Carbon dioxide analyzer calibration.
86.1526 Calibration of other equipment.
86.1527 Idle test procedure; overview.
86.1530 Test sequence; general requirements.
86.1537 Idle test run.
86.1540 Idle exhaust sample analysis.
86.1542 Information required.
86.1544 Calculation; idle exhaust emissions.
Subpart Q_Regulations for Altitude Performance Adjustments for New and
In-Use Motor Vehicles and Engines
86.1601 General applicability.
86.1602 Definitions.
86.1603 General requirements.
86.1604 Conditions for disapproval.
86.1605 Information to be submitted.
86.1606 Labeling.
Subpart R_General Provisions for the Voluntary National Low Emission
Vehicle Program for Light-Duty Vehicles and Light-Duty Trucks
86.1701-99 General applicability.
86.1702-99 Definitions.
86.1703-99 Abbreviations.
86.1704-99 Section numbering; construction.
86.1705-99 General provisions; opt-in.
86.1706-99 National LEV program in effect.
86.1707-99 General provisions; opt-outs.
86.1708-99 Exhaust emission standards for 1999 and later light-duty
vehicles.
86.1709-99 Exhaust emission standards for 1999 and later light light-
duty trucks.
86.1710-99 Fleet average non-methane organic gas exhaust emission
standards for
[[Page 8]]
light-duty vehicles and light light-duty trucks.
86.1711-99 Limitations on sale of Tier 1 vehicles and TLEVs.
86.1712-99 Maintenance of records; submittal of information.
86.1713-01 [Reserved]
86.1713-99 Light-duty exhaust durability programs; five percent cap.
86.1714-01 [Reserved]
86.1714-99 Small-volume manufacturers certification procedures.
86.1715-01 [Reserved]
86.1715-99 [Reserved]
86.1716-01 [Reserved]
86.1716-99 Prohibition of defeat devices.
86.1717-01 Emission control diagnostic system for 1999 and later light-
duty vehicles and light-duty trucks.
86.1717-99 Emission control diagnostic system for 1999 and later light-
duty vehicles and light-duty trucks.
86.1718-99--86.1720-99 [Reserved]
86.1721-01 Application for certification.
86.1721-99 Application for certification.
86.1722-01 [Reserved]
86.1722-99 [Reserved]
86.1723-01 [Reserved]
86.1723-99 Required data.
86.1724-01 Emission data vehicle selection.
86.1724-99 Test vehicles and engines.
86.1725-01 Allowable maintenance.
86.1725-99 Maintenance.
86.1726-01 [Reserved]
86.1726-99 Mileage and service accumulation; emission measurements.
86.1727-99 [Reserved]
86.1728-01 Compliance with emission standards for the purpose of
certification.
86.1728-99 Compliance with emission standards.
86.1729-99--86.1733-99 [Reserved]
86.1734-01 [Reserved]
86.1734-99 Alternative procedure for notification of additions and
changes.
86.1735-01 Labeling.
86.1735-99 Labeling.
86.1736-99--86.1769-99 [Reserved]
86.1770-99 All-Electric Range Test requirements.
86.1771-99 Fuel specifications.
86.1772-99 Road load power, test weight, and inertia weight class
determination.
86.1773-99 Test sequence; general requirements.
86.1774-99 Vehicle preconditioning.
86.1775-99 Exhaust sample analysis.
86.1776-99 Records required.
86.1777-99 Calculations; exhaust emissions.
86.1778-99 Calculations; particulate emissions.
86.1779-99 General enforcement provisions.
86.1780-99 Prohibited acts.
Subpart S_General Compliance Provisions for Control of Air Pollution
From New and In-Use Light-Duty Vehicles, Light-Duty Trucks, and Complete
Otto-Cycle Heavy-Duty Vehicles
86.1801-01 Applicability.
86.1801-12 Applicability.
86.1802-01 Section numbering; construction.
86.1803-01 Definitions.
86.1804-01 Acronyms and abbreviations.
86.1805-01 Useful life.
86.1805-04 Useful life.
86.1805-12 Useful life.
86.1806-01 On-board diagnostics.
86.1806-04 On-board diagnostics.
86.1806-05 On-board diagnostics for vehicles less than or equal to
14,000 pounds GVWR.
86.1807-01 Vehicle labeling.
86.1808-01 Maintenance instructions.
86.1808-07 Maintenance instructions.
86.1809-01 Prohibition of defeat devices.
86.1809-10 Prohibition of defeat devices.
86.1809-12 Prohibition of defeat devices.
86.1810-01 General standards; increase in emissions; unsafe conditions;
waivers
86.1810-09 General standards; increase in emissions; unsafe condition;
waivers.
86.1811-01 Emission standards for light-duty vehicles.
86.1811-04 Emission standards for light-duty vehicles, light-duty trucks
and medium-duty passenger vehicles.
86.1811-09 Emission standards for light-duty vehicles, light-duty trucks
and medium-duty passenger vehicles.
86.1811-10 Emission standards for light-duty vehicles, light-duty trucks
and medium-duty passenger vehicles.
86.1812-01 Emission standards for light-duty trucks 1.
86.1813-01 Emission standards for light-duty trucks 2.
86.1814-01 Emission standards for light-duty trucks 3.
86.1814-02 Emission standards for light-duty trucks 3.
86.1815-01 Emission standards for light-duty trucks 4.
86.1815-02 Emission standards for light-duty trucks 4.
86.1816-05 Emission standards for complete heavy-duty vehicles.
86.1816-08 Emission standards for complete heavy-duty vehicles.
86.1817-05 Complete heavy-duty vehicle averaging, trading, and banking
program.
86.1817-08 Complete heavy-duty vehicle averaging, trading, and banking
program.
86.1818-12 Greenhouse gas emission standards for light-duty vehicles,
light-duty
[[Page 9]]
trucks, and medium-duty passenger vehicles.
86.1819 [Reserved]
86.1820-01 Durability group determination.
86.1821-01 Evaporative/refueling family determination.
86.1822-01 Durability data vehicle selection.
86.1823-01 Durability demonstration procedures for exhaust emissions.
86.1823-08 Durability demonstration procedures for exhaust emissions.
86.1824-01 Durability demonstration procedures for evaporative
emissions.
86.1824-07 Durability demonstration procedures for evaporative
emissions.
86.1824-08 Durability demonstration procedures for evaporative
emissions.
86.1825-01 Durability demonstration procedures for refueling emissions.
86.1825-08 Durability demonstration procedures for refueling emissions.
86.1826-01 Assigned deterioration factors for small volume manufacturers
and small volume test groups.
86.1827-01 Test group determination.
86.1828-01 Emission data vehicle selection.
86.1828-10 Emission data vehicle selection.
86.1829-01 Durability and emission testing. requirements; waivers.
86.1830-01 Acceptance of vehicles for emission testing.
86.1831-01 Mileage accumulation requirements for test vehicles.
86.1832-01 Optional equipment and air conditioning for test vehicles.
86.1833-01 Adjustable parameters.
86.1834-01 Allowable maintenance.
86.1835-01 Confirmatory certification testing.
86.1836-01 Manufacturer-supplied production vehicles for testing.
86.1837-01 Rounding of emission measurements.
86.1838-01 Small volume manufacturers certification procedures.
86.1839-01 Carryover of certification data.
86.1840-01 Special test procedures.
86.1841-01 Compliance with emission standards for the purpose of
certification.
86.1842-01 Addition of a vehicle after certification; and changes to a
vehicle covered by certification.
86.1843-01 General information requirements.
86.1844-01 Information requirements: Application for certification and
submittal of information upon request.
86.1845-01 Manufacturer in-use verification testing requirements.
86.1845-04 Manufacturer in-use verification testing requirements.
86.1846-01 Manufacturer in-use confirmatory testing requirements.
86.1847-01 Manufacturer in-use verification and in-use confirmatory
testing; submittal of information and maintenance of records.
86.1848-01 Certification.
86.1848-10 Compliance with emission standards for the purpose of
certification.
86.1849-01 Right of entry.
86.1850-01 Denial, suspension or revocation of certificate of
conformity.
86.1851-01 Application of good engineering judgment to manufacturers'
decisions.
86.1852-01 Waivers for good in-use emission performance.
86.1853-01 Certification hearings.
86.1854-12 Prohibited acts.
86.1855-86.1859 [Reserved]
86.1860-04 How to comply with the Tier 2 and interim non-Tier 2 fleet
average NOX standards.
86.1861-04 How do the Tier 2 and interim non-Tier 2 NOX
averaging, banking and trading programs work?
86.1862-04 Maintenance of records and submittal of information relevant
to compliance with fleet average NOX standards.
86.1863-07 Chassis certification for diesel vehicles.
86.1864-10 How to comply with the fleet average cold temperature NMHC
standards.
86.1865-12 How to comply with the fleet average CO2
standards.
86.1866-12 CO2 credits for advanced technology vehicles.
86.1867-12 CO2 credits for reducing leakage of air
conditioning refrigerant.
86.1868-12 CO2 credits for improving the efficiency of air
conditioning systems.
86.1869-12 CO2 credits for off-cycle CO2-reducing
technologies.
86.1870-12 CO2 credits for qualifying full-size pickup
trucks.
86.1871-12 Optional early CO2 credit programs.
Appendix I to Subpart S--Vehicle Procurement Methodology
Appendix II to Subpart S--As-Received Testing Vehicle Rejection Criteria
Appendix III to Subpart S--As-Received Inspection
Subpart T_Manufacturer-Run In-Use Testing Program for Heavy-Duty Diesel
Engines
86.1901 What testing requirements apply to my engines that have gone
into service?
86.1905 How does this program work?
86.1908 How must I select and screen my in-use engines?
86.1910 How must I prepare and test my in-use engines?
86.1912 How do I determine whether an engine meets the vehicle-pass
criteria?
86.1915 What are the requirements for Phase 1 and Phase 2 testing?
86.1917 How does in-use testing under this subpart relate to the
emission-related warranty in Section 207(a)(1) of the Clean
Air Act?
[[Page 10]]
86.1920 What in-use testing information must I report to EPA?
86.1925 What records must I keep?
86.1930 What special provisions apply from 2005 through 2010?
Appendix I to Subpart T--Sample Graphical Summary of NTE Emission
Results
Appendix I to Part 86--Urban Dynamometer Schedules
Appendix II to Part 86--Temperature Schedules
Appendix III to Part 86--Constant Volume Sampler Flow Calibration
Appendix IV to Part 86--Durability Driving Schedules
Appendix V to Part 86--The Standard Road Cycle (SRC)
Appendix VI to Part 86--Vehicle and Engine Components
Appendix VII to Part 86--Standard Bench Cycle (SBC)
Appendix VIII to Part 86--Aging Bench Equipment and Procedures
Appendix IX to Part 86--Experimentally Determining the R-Factor for
Bench Aging Durability Procedures
Appendix X to Part 86--Sampling Plans for Selective Enforcement Auditing
of Heavy-Duty Engines and Light-Duty Trucks
Appendix XI to Part 86--Sampling Plans for Selective Enforcement
Auditing of Light-Duty Vehicles
Appendix XII to Part 86--Tables for Production Compliance Auditing of
Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-
Duty Trucks
Appendix XIII to Part 86--State Requirements Incorporated by Reference
in Part 86 of the Code of Federal Regulations
Appendix XIV to Part 86--Determination of Acceptable Durability Test
Schedule for Light-Duty Vehicles and Light Light-Duty Trucks
Certifying to the Provisions of Part 86, Subpart R
Appendix XV to Part 86--Procedure for Determining an Acceptable Exhaust
Regeneration Durability-Data Test Schedule for Diesel Cycle
Vehicles Equipped With Periodically Regenerating Trap Oxidizer
Systems Certifying to the Provisions of Part 86, Subpart R
Appendix XVI to Part 86--Pollutant Mass Emissions Calculation Procedure
for Gaseous-Fueled Vehicles and for Vehicles Equipped With
Periodically Regenerating Trap Oxidizer Systems Certifying to
the Provisions of Part 86, Subpart R
Appendix XVII to Part 86--Procedure for Determining Vehicle Emission
Control Technology Category/Fuel Reactivity Adjustment Factors
for Light-Duty Vehicles and Light Light-Duty Trucks Certifying
to the Provisions of Part 86, Subpart R
Appendix XVIII to Part 86--Statistical Outlier Identification Procedure
for Light-Duty Vehicles and Light Light-Duty Trucks Certifying
to the Provisions of Part 86, Subpart R
Authority: 42 U.S.C. 7401-7671q.
Editorial Note: Nomenclature changes to part 86 appear at 60 FR
34377, June 30, 1995.
Subpart G_Selective Enforcement Auditing of New Light-Duty Vehicles,
Light-Duty Trucks, and Heavy-Duty Vehicles
Source: 41 FR 31483, July 28, 1976, unless otherwise noted.
Sec. Sec.86.601-1--86.601-83 [Reserved]
Sec.86.601-84 Applicability.
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
Sec.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
[[Page 11]]
trucks under the provisions of subpart S of this part.
(Secs. 206, 208(a) and 301(a), Clean Air Act, as amended, 42 U.S.C.
7525, 7542(a) and 7601(a))
[49 FR 69, Jan. 3, 1984. Redesignated at 54 FR 2122, Jan. 19, 1989, as
amended at 62 FR 31234, June 6, 1997; 64 FR 23922, May 4, 1999; 75 FR
22980, Apr. 30, 2010]
Sec.86.602-84 Definitions.
(a) The definitions in this section apply to this subpart.
(b) As used in this subpart, all terms not defined herein have the
meaning given them in the Act.
(1) Acceptable Quality Level (AQL) means the maximum percentage of
failing vehicles that, for purposes of sampling inspection, can be
considered satisfactory as a process average.
(2) Axle Ratio means all ratios within 3% of
the axle ratio specified in the configuration in the test order.
(3) Configuration means a subclassification of an engine-system
combination on the basis of engine code, inertia weight class,
transmission type and gear ratios, axle ratio, and other parameters
which may be designated by the Administrator.
(4) Test Sample means the collection of vehicles of the same
configuration which have been drawn from the population of vehicles of
that configuration and which will receive exhaust emission testing.
(5) Inspection Criteria means the pass and fail numbers associated
with a particular sampling plan.
(6) Vehicle means any new production light-duty vehicle as defined
in subpart A of this part.
(7) Test Vehicle means a vehicle in a test sample.
(8) In the Hands of the Manufacturer means that vehicles are still
in the possession of the manufacturer and have not had their bills of
lading transferred to another person for the purpose of transporting.
[49 FR 48480, Dec. 12, 1984. Redesignated at 54 FR 2122, Jan. 19, 1989]
Sec.86.602-98 Definitions.
Section 86.602-98 includes text that specifies requirements that
differ from Sec.86.602-84. Where a paragraph in Sec.86.602-84 is
identical and applicable to Sec.86.602-98, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.86.602-84.'' Where a corresponding paragraph of
Sec.86.602-84 is not applicable, this is indicated by the statement
``[Reserved].''.
(a) through (b)(2) [Reserved]. For guidance see Sec.86.602-84.
(b)(3)(i) Configuration, when used for LDV exhaust emissions
testing, means a subclassification of an engine-system combination on
the basis of engine code, inertia weight class, transmission type and
gear ratios, axle ratio, and other parameters which may be designated by
the Administrator.
(ii) Configuration, when used for LDV refueling emissions testing,
means a subclassification of an evaporative/refueling emission family on
the basis of evaporative and refueling control system and other
parameters which may be designated by the Administrator.
(4) Test sample means the collection of vehicles of the same
configuration which have been drawn from the population of vehicles of
that configuration and which will receive emission testing.
(b)(5) through (b)(8) [Reserved]. For guidance see Sec.86.602-84.
(9) Executive Officer means the Executive Officer of the California
Air Resources Board or his or her authorized representative.
(10) Executive Order means the document the Executive Officer grants
a manufacturer for an engine family that certifies the manufacturer has
verified that the engine family complies with all applicable standards
and requirements pursuant to Title 13 of the California Code of
Regulations.
(11) 50-state engine family means an engine family that meets both
federal and California Air Resources Board motor vehicle emission
control regulations and has received a federal certificate of conformity
as well as an Executive Order.
[59 FR 16300, Apr. 6, 1994, as amended at 62 FR 31234, June 6, 1997]
Sec.86.603-88 Test orders.
(a) The Administrator will require any testing under this subpart by
means of a test order addressed to the manufacturer.
[[Page 12]]
(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
[[Page 13]]
Sec.600.207-80 of the Automobile Fuel Economy Regulations, by 300,000
and rounding to the nearest whole number, unless the projected sales are
less than 150,000, in which case the annual limit is one. However, the
annual limit for SEA test orders will be recalculated if a manufacturer
submits to EPA in writing prior to or during the model year a sales
projection update.
(1) Any SEA test order for which the configuration fails in
accordance with Sec.86.610 or for which testing is not completed does
not count against the annual limit.
(2) When the annual limit has been met, the Administrator may issue
additional test orders for those configurations for which evidence
exists indicating noncompliance. An SEA test order issued on this basis
will include a statement as to the reason for its issuance.
[41 FR 31483, July 28, 1976, as amended at 43 FR 4552, Feb. 2, 1978; 49
FR 48480, Dec. 12, 1984. Redesignated and amended at 54 FR 2122, Jan.
19, 1989]
Sec.86.603-98 Test orders.
Section 86.603-98 includes text that specifies requirements that
differ from Sec.86.603-88. Where a paragraph in Sec.86.603-88 is
identical and applicable to Sec.86.603-98, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.86.603-88.'' Where a corresponding paragraph of
Sec.86.603-88 is not applicable, this is indicated by the statement
``[Reserved].''.
(a) through (c) [Reserved]. For guidance see Sec.86.603-88.
(d) A manufacturer may indicate preferred assembly plants for the
various engine families and evaporative/refueling families produced by
the manufacturer for selection of vehicles in response to a test order.
This shall be accomplished by submitting a list of engine families with
the associated evaporative/refueling families, and the corresponding
assembly plants from which the manufacturer desires to have vehicles
selected, to the Administrator. In order that a manufacturer's preferred
location for issuance of a test order for a configuration of a
particular engine family and/or evaporative/refueling family be
considered, the list must be submitted prior to issuance of the test
order. Notwithstanding the fact that a manufacturer has submitted the
above list, the Administrator may, upon making the determination that
evidence exists indicating noncompliance at other than the
manufacturer's preferred plant, order selection at such other plant
where vehicles of the configuration specified in the test order are
assembled.
(e) [Reserved]. For guidance see Sec.86.603-88.
(f) In the event evidence exists indicating an engine family is in
noncompliance, the Administrator may, in addition to other powers
provided by this section, issue a test order specifying the engine
family the manufacturer is required to test.
[59 FR 16300, Apr. 6, 1994, as amended at 62 FR 31234, June 6, 1997]
Sec.86.604-84 Testing by the Administrator.
(a) The Administrator may require by test order that vehicles of a
specified configuration be selected in a manner consistent with the
requirements of Sec.86.607 and submitted to him at such place as he
may designate for the purpose of conducting emission tests. These tests
shall be conducted in accordance with Sec.86.608 of these regulations
to determine whether vehicles manufactured by the manufacturer conform
with the regulations with respect to which the certificate of conformity
was issued.
(b)(1) Whenever the Administrator conducts a test on a test vehicle
or the Administrator and manufacturer each conduct a test on the same
test vehicle, the results of the Administrator's test shall comprise the
official data for that vehicle.
(2) Whenever the manufacturer conducts all tests on a test vehicle,
the manufacturer's test data will be accepted as the official data:
Provided, That if the Administrator makes a determination based on
testing under paragraph (a) of this section that there is a substantial
lack of agreement between the manufacturer's test results and the
Administrator's test results, no manufacturer's test data from the
manufacturer's test facility will be accepted for purposes of this
subpart.
[[Page 14]]
(c) In the event that testing conducted under paragraph (a) of this
section demonstrates a lack of agreement under paragraph (b)(2), of this
section, the Administrator will:
(1) Notify the manufacturer in writing of his determination that the
test facility is inappropriate for conducting the tests required by this
subpart and the reasons therefor, and
(2) Reinstate any manufacturer's data upon a showing by the
manufacturer that the data acquired under paragraph (a) of this section
was erroneous and the manufacturer's data was correct.
(d) The manufacturer may request in writing that the Administrator
reconsider his determination in paragraph (b)(2) of this section based
on data or information which indicates that changes have been made to
the test facility and such changes have resolved the reasons for
disqualification.
[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984.
Redesignated at 54 FR 2123, Jan. 19, 1989]
Sec.86.605-88 Maintenance of records; submittal of information.
(a) The manufacturer of any new motor vehicle subject to any of the
standards or procedures prescribed in this part shall establish,
maintain and retain the following adequately organized and indexed
records:
(1) General records. (i) A description of all equipment used to test
vehicles in accordance with Sec.86.608 pursuant to a test order issued
under this subpart, including the following information:
(A) Dynamometer. (1) Inertia loading.
(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.
[[Page 15]]
(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:
Director, Manufacturers Operations Division EN-340), U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
[41 FR 31483, July 28, 1976, as amended at 44 FR 61962, Oct. 29, 1979;
49 FR 48481, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]
Sec.86.605-98 Maintenance of records; submittal of information.
Section 86.605-98 includes text that specifies requirements that
differ from Sec.86.605-88. Where a paragraph in Sec.86.605-88 is
identical and applicable to Sec.86.605-98, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.86.605-88.'' Where a corresponding paragraph of
Sec.86.605-88 is not applicable, this is indicated by the statement
``[Reserved].''.
(a) through (a)(1)(i)(D) [Reserved]. For guidance see Sec.86.605-
88.
(E) Refueling enclosure (refueling SHED).
(1) Total internal volume.
(2) Capacity of mixing blower.
(3) Location of refueling access ports.
(4) Enclosure barometric pressure and ambient temperature.
(5) Soak area temperature records.
(F) Fuel dispenser for refueling. (1) Fuel dispensing rate.
(2) Manufacturer and model of fuel nozzle.
(3) Dispensed fuel temperature.
(4) Dispensed fuel volume.
(a)(1)(ii) through (e) [Reserved]. For guidance see Sec.86.605-88.
(2) [Reserved]
[59 FR 16301, Apr. 6, 1994]
Sec.86.606-84 Entry and access.
(a) In order to allow the Administrator to determine whether a
manufacturer is complying with the provisions of this subpart and a test
order issued thereunder, EPA Enforcement Officers may enter during
normal operating hours upon presentation of credentials any of the
following:
(1) Any facility where any vehicle to be introduced into commerce or
any emission-related component is or has been manufactured, assembled,
or stored;
(2) Any facility where any tests conducted pursuant to a test order
or any procedures or activities connected with such tests are or were
performed;
[[Page 16]]
(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,
[[Page 17]]
copying, interpreting and translating services and, at the request of an
EPA Enforcement Officer, making available personnel of the facility
being inspected during their working hours to provide information
relevant to the Enforcement Officer's activities authorized in this
section. Any employee whom a manufacturer has instructed to appear at
the request of an Enforcement Officer may be accompanied, represented,
and advised by counsel.
[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984.
Redesignated at 54 FR 2123, Jan. 19, 1989]
Sec.86.607-84 Sample selection.
(a) Vehicles comprising a test sample which are required to be
tested, pursuant to a test order issued in accordance with this subpart,
will be selected at the location and in the manner specified in the test
order. If a manufacturer determines that the test vehicles cannot be
selected in the manner specified in the test order, an alternative
selection procedure may be employed: Provided, That the manufacturer
requests approval of the alternative procedure in advance of the start
of test sample selection and that the Administrator approves the
procedure. Special order vehicles are exempt from sample selection
unless a test sample cannot be completed otherwise.
(b) The manufacturer shall have assembled the test vehicles of the
configuration selected for testing using its normal mass production
processes for vehicles to be distributed into commerce. During the
audit, the manufacturer shall inform the Administrator of any change(s)
implemented in its production processes, including quality control,
which may be reasonably expected to affect the emissions of the vehicles
selected, between the time the manufacturer received the test order and
the time the manufacturer finished selecting test vehicles.
(c) No quality control, testing, or assembly procedures will be used
on the completed test vehicles or any portion thereof, including parts
and subassemblies, that has not been or will not be used during the
production and assembly of all other vehicles of that configuration.
(d) The test order may specify that EPA Enforcement Officers, rather
than the manufacturer, will select the test vehicles according to the
method described in paragraph (a) of this section.
(e) The order in which test vehicles are selected determines the
order in which test results are to be used in applying the sampling plan
in accordance with Sec.86.610.
(f) The manufacturer shall keep on hand all untested vehicles, if
any, comprising the test sample until a pass or fail decision is reached
in accordance with paragraph (d) of Sec.86.610. The manufacturer may
ship any tested vehicle which has not failed in accordance with
paragraph (a) of Sec.86.610. However, once a manufacturer ships any
vehicle from the test sample, it relinquishes the prerogative to conduct
retests provided in paragraph (i) of Sec.86.608.
[49 FR 48482, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]
Sec.86.608-98 Test procedures.
(a) The prescribed test procedures are the Federal Test Procedure,
as described in subpart B and/or subpart R of this part, whichever is
applicable, the cold temperature CO test procedure as described in
subpart C of this part, and the Certification Short Test procedure as
described in subpart O of this part. Where the manufacturer conducts
testing based on the requirements specified in Chapter 1 or Chapter 2 of
the California Regulatory Requirements Applicable to the National Low
Emission Vehicle Program (October, 1996), the prescribed test procedures
are the procedures cited in the previous sentence, or substantially
similar procedures, as determined by the Administrator. The California
Regulatory Requirements Applicable to the National Low Emission Vehicle
Program are incorporated by reference (see Sec.86.1). For purposes of
Selective Enforcement Audit testing, the manufacturer shall not be
required to perform any of the test procedures in subpart B of this part
relating to evaporative emission testing, other than refueling emissions
testing, except as specified in paragraph (a)(2) of this section.
(1) The Administrator may omit any of the testing procedures
described in paragraph (a) of this section and may
[[Page 18]]
select and prescribe the sequence of any CSTs. Further, the
Administrator may, on the basis of a written application by a
manufacturer, approve optional test procedures other than those in
subparts B, C, and O of this part for any motor vehicle which is not
susceptible to satisfactory testing using the procedures in subparts B,
C, and O of this part.
(2) The following exceptions to the test procedures in subpart B
and/or subpart R of this part are applicable to Selective Enforcement
Audit testing:
(i) For mileage accumulation, the manufacturer may use test fuel
meeting the specifications for mileage and service accumulation fuels of
Sec.86.113, or, for vehicles certified to the National LEV standards,
the specifications of Sec.86.1771. Otherwise, the manufacturer may use
fuels other than those specified in this section only with the advance
approval of the Administrator.
(ii) The manufacturer may measure the temperature of the test fuel
at other than the approximate mid-volume of the fuel tank, as specified
in Sec.86.131-96(a) with only a single temperature sensor, and may
drain the test fuel from other than the lowest point of the tank, as
specified in Sec. Sec.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 Sec.86.132-96(c) may be
eliminated upon approval of the Administrator. In such cases, the
vehicle shall be operated through the preconditioning drive described in
Sec.86.132-96(c) immediately following the fuel drain and fill
procedure described in Sec.86.132-96(b).
(iii) The manufacturer may perform additional preconditioning on
Selective Enforcement Audit test vehicles other than the preconditioning
specified in Sec.86.132, or Sec.86.1773, for vehicles certified to
the National LEV standards only if the additional preconditioning was
performed on certification test vehicles of the same configuration.
(iv) If the Administrator elects to use the evaporative/refueling
canister preconditioning procedure described in Sec.86.132-96(k), the
manufacturer shall perform the heat build procedure 11 to 34 hours
following vehicle preconditioning rather than according to the time
period specified in Sec.86.133-90(a). All references to an evaporative
emission enclosure and analyzing for HC during the heat build can be
ignored.
(v) The manufacturer may substitute slave tires for the drive wheel
tires on the vehicle as specified in paragraph Sec.86.135-90(e):
Provided, that the slave tires are the same size.
(vi) If the Administrator elects to use the evaporative/refueling
canister preconditioning procedure described in Sec.86.132-96(k), the
cold start exhaust emission test described in Sec.86.137-96 shall
follow the heat build procedure described in Sec.86.133-90 by not more
than one hour.
(vii) In performing exhaust sample analysis under Sec.86.140-94.
(A) When testing diesel vehicles, or methanol-fueled Otto-cycle
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up
for the HC analyzer, and for diesel vehicles, a minimum of two hours
warm-up for the CO, CO2. and NOX analyzers. (Power
is normally left on infrared and chemiluminescent analyzers. When not in
use, the chopper motors of the infrared analyzers are turned off and the
phototube high voltage supply to the chemiluminescent analyzers is
placed in the standby position.)
(B) The manufacturer shall exercise care to prevent moisture from
condensing in the sample collection bags.
(viii) The manufacturer need not comply with Sec.86.142, Sec.
86.155, or Sec.86.1775, since the records required therein are
provided under other provisions of this subpart G.
(ix) If a manufacturer elects to perform the background
determination procedure described in paragraph (a)(2)(xi) of this
section in addition to performing the refueling emissions test
procedure, the elapsed time between the initial and final FID readings
shall be recorded, rounded to the nearest second rather than minute as
described in Sec.86.154-98(e)(8). In addition, the vehicle soak
described in Sec.86.153-98(e) shall
[[Page 19]]
be conducted with the windows and luggage compartment of the vehicle
open.
(x) The Administrator may elect to perform a seal test, described in
Sec.86.153-98(b), of both integrated and non-integrated systems
instead of the full refueling test. When testing non-integrated systems,
a manufacturer may conduct the canister purge described in Sec.86.153-
98(b)(1) directly following the preconditioning drive described in Sec.
86.132-96(e) or directly following the exhaust emissions test described
in Sec.86.137-96.
(xi) In addition to the refueling test, a manufacturer may elect to
perform the following background emissions determination immediately
prior to the refueling measurement procedure described in Sec.86.154-
98, provided EPA is notified of this decision prior to the start of
testing in an SEA.
(A) The SHED shall be purged for several minutes immediately prior
to the background determination. Warning: If at any time the
concentration of hydrocarbons, of methanol, or of methanol and
hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately
purged. This concentration provides a 4:1 safety factor against the lean
flammability limit.
(B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned immediately prior to the background determination. If not
already on, the enclosure mixing fan and the spilled fuel mixing blower
shall be turned on at this time.
(C) Place the vehicle in the SHED. The ambient temperature level
encountered by the test vehicle during the entire background emissions
determination shall be 80 [deg]F 3 [deg]F. The
windows and luggage compartment of the vehicle must be open and the gas
cap must be secured.
(D) Seal the SHED. Immediately analyze the ambient concentration of
hydrocarbons in the SHED and record. This is the initial background
hydrocarbon concentration.
(E) Soak the vehicle for ten minutes 1 minute.
(F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned immediately prior to the end of the background determination.
(G) Analyze the ambient concentration of hydrocarbons in the SHED
and record. This is the final background hydrocarbon concentration.
(H) The total hydrocarbon mass emitted during the background
determination is calculated according to Sec.86.156-98. To obtain a
per-minute background emission rate, divide the total hydrocarbon mass
calculated in this paragraph by the duration of the soak, rounded to the
nearest second, described in paragraph (a)(2)(xi)(G) of this section.
(I) The background emission rate is multiplied by the duration of
the refueling measurement obtained in paragraph (a)(2)(ix) of this
section. This number is then subtracted from the total grams of
emissions calculated for the refueling test according to Sec.86.156-
98(a) to obtain the adjusted value for total refueling emissions. The
final results for comparison with the refueling emission standard shall
be computed by dividing the adjusted value for total refueling mass
emissions by the total gallons of fuel dispensed in the refueling test
as described in Sec.86.156-98(b).
(xii) In addition to the requirements of subpart B of this part, the
manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles
as follows prior to emission testing:
(A) The manufacturer shall inspect the fuel system to ensure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system allowing the pressure to
stabilize and isolating the fuel system from the pressure source.
Following isolation of the fuel system, pressure must not drop more than
2.0 inches of water (0.5 Kpa) in five minutes. If required, the
manufacturer shall perform corrective action in accordance with
paragraph (d) of this section and report this action in accordance with
Sec.86.609-98(d).
(B) When performing this pressure check, the manufacturer shall
exercise care to neither purge nor load the evaporative or refueling
emission control systems.
(C) The manufacturer may not modify the test vehicle's evaporative
or refueling emission control systems by
[[Page 20]]
component addition, deletion, or substitution, except to comply with
paragraph (a)(2)(ii) of this section if approved in advance by the
Administrator.
(3) The following exceptions to the test procedures in subpart C of
this part are applicable to Selective Enforcement Audit testing:
(i) The manufacturer may measure the temperature of the test fuel at
other than the approximate mid-volume of the fuel tank, as specified in
Sec.86.131-90(a), and may drain the test fuel from other than the
lowest point of the fuel tank as specified in Sec.86.131-90(b),
provided an equivalent method is used. Equivalency documentation shall
be maintained by the manufacturer and shall be made available to the
Administrator upon request.
(ii) In performing exhaust sample analysis under Sec.86.140-94,
the manufacturer shall exercise care to prevent moisture from condensing
in the sample collection bags.
(iii) The manufacturer need not comply with Sec.86.142-90 since
the records required therein are provided under other provisions of this
subpart G.
(iv) In addition to the requirements of subpart C of this part, the
manufacturer shall prepare gasoline-fueled vehicles as follows prior to
exhaust emission testing:
(A) The manufacturer shall inspect the fuel system to ensure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system allowing the pressure to
stabilize and isolating the fuel system from the pressure source.
Following isolation of the fuel system, pressure must not drop more than
2.0 inches of water (0.5 Kpa) in five minutes. If required, the
manufacturer shall perform corrective action in accordance with
paragraph (d) of this section and report this action in accordance with
Sec.86.609-98(d).
(B) When performing this pressure check, the manufacturer shall
exercise care to neither purge nor load the evaporative or refueling
emission control system.
(C) The manufacturer shall not modify the test vehicle's evaporative
or refueling emission control system by component addition, deletion, or
substitution, except if approved in advance by the Administrator, to
comply with paragraph (a)(3)(i) of this section.
(4) The exceptions to the test procedures in subpart O of this part
applicable to Selective Enforcement Audit testing are listed in
paragraphs (a)(4) (i) and (ii) of this section.
(i) The manufacturer need not comply with Sec.86.1442, since the
records required therein are provided under provisions of this subpart
G.
(ii) In addition to the requirements of subpart O of this part, the
manufacturer must prepare vehicles as in paragraphs (a)(4)(ii) (A)
through (C) of this section prior to exhaust emission testing.
(A) The manufacturer must inspect the fuel system to insure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system, allowing the pressure to
stabilize, and isolating the fuel system from the pressure source.
Pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five
minutes. If required, the manufacturer performs corrective action in
accordance with paragraph (d) of this section and must report this
action in accordance with Sec.86.609-98(d).
(B) When performing this pressure check, the manufacturer must
exercise care to neither purge nor load the evaporative or refueling
emission control system.
(C) The manufacturer may not modify the test vehicle's evaporative
or refueling emission control system by component addition, deletion, or
substitution.
(b)(1) The manufacturer shall not adjust, repair, prepare, or modify
the vehicles selected for testing and shall not perform any emission
tests on vehicles selected for testing pursuant to the test order unless
this adjustment repair, preparation, modification, and/or tests are
documented in the manufacturer's vehicle assembly and inspection
procedures and are actually performed or unless these adjustments and/or
tests are required or permitted under this subpart or are approved in
advance by the Administrator.
[[Page 21]]
(2) For 1981 and later model years the Administrator may adjust or
cause to be adjusted any engine or vehicle parameter which the
Administrator has determined to be subject to adjustment for new vehicle
compliance testing (e.g., for certification or Selective Enforcement
Audit testing) in accordance with Sec.86.081-22(c)(1), to any setting
within the physically adjustable range of that parameter, as determined
by the Administrator in accordance with Sec.86.081-22(e)(3)(ii), prior
to the performance of any tests. However, if the idle speed parameter is
one which the Administrator has determined to be subject to adjustment,
the Administrator shall not adjust it to a setting which causes a lower
engine idle speed than will be possible within the physically adjustable
range of the idle speed parameter on the vehicle when it has accumulated
4,000 miles, all other parameters being adjusted identically for the
purpose of comparison. The Administrator, in making or specifying such
adjustments, will consider the effect of the deviation from the
manufacturer's recommended setting on emissions performance
characteristics as well as the likelihood that similar settings will
occur on in-use light-duty vehicles or light-duty trucks. In determining
likelihood, the Administrator will consider factors such as, but not
limited to, the effect of the adjustment on vehicle performance
characteristics and surveillance information from similar in-use
vehicles.
(c) Prior to performing 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
[[Page 22]]
the test order, which test facility will be used to comply with the test
order and the number of available test cells at that facility. If no
test cells are available at the desired facility, the manufacturer must
provide alternate testing capability satisfactory to the Administrator.
(1) The manufacturer shall perform a combination of tests pursuant
to paragraph (a) of this section so that a minimum of four tests are
performed per 24 hour period, including voided tests, for each available
test cell.
(2) The Administrator may approve a longer period based upon a
request by a manufacturer accompanied by satisfactory justification.
(h) The manufacturer shall perform test vehicle selection,
preparation, mileage accumulation, shipping, and testing in such a
manner as to assure that the audit is performed in an expeditious
manner.
(i) The manufacturer may retest any test vehicle after a fail
decision has been reached in accordance with Sec.86.610-98(d) based on
the first test on each vehicle; except that the Administrator may
approve retests at other times during the audit based upon a request by
the manufacturer accompanied by a satisfactory justification. The
manufacturer may test each vehicle a total of three times. The
manufacturer shall test each vehicle the same number of times. The
manufacturer may accumulate additional mileage on test vehicles before
conducting retests, subject to the provisions of paragraph (c) of this
section.
[59 FR 16301, Apr. 6, 1994, as amended at 60 FR 43898, Aug. 23, 1995; 62
FR 31235, June 6, 1997]
Sec.86.609-98 Calculation and reporting of test results.
(a) Initial test results are calculated following the test
procedures specified in Sec.86.608-98(a). Round the initial test
results to the number of decimal places contained in the applicable
emission standard expressed to one additional significant figure.
Rounding is done in accordance with ASTM E 29-67, (reapproved 1980) (as
referenced in Sec.86.094-28 (a)(4)(i)(B)(2)(ii).
(b) Final test results for each test vehicle are calculated by
summing the initial test results derived in paragraph (a) of this
section for each test vehicle, dividing by the number of times that
specific test has been conducted on the vehicle, and rounding to the
same number of decimal places contained in the applicable standard
expressed to one additional significant figure. Rounding is done in
accordance with ASTM E 29-67, (reapproved 1980) (as referenced in Sec.
86.094-28 (a)(4)(i)(B)(2)(ii).
(c) Final deteriorated test results--(1) For each test vehicle. The
final deteriorated test results for each light-duty vehicle tested for
exhaust emissions and/or refueling emissions according to subpart B,
subpart C, or subpart R of this part are calculated by first multiplying
or adding, as appropriate, the final test results by or to the
appropriate deterioration factor derived from the certification process
for the engine or evaporative/refueling family and model year to which
the selected configuration belongs, and then by multiplying by the
appropriate reactivity adjustment factor, if applicable, and rounding to
the same number of decimal places contained in the applicable emission
standard. Rounding is done in accordance with the Rounding-Off Method
specified in ASTM E29-90, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications. This
procedure has been incorporated by reference (see Sec.86.1). For the
purpose of this paragraph (c), if a multiplicative deterioration factor
as computed during the certification process is less than one, that
deterioration factor is one. If an additive deterioration factor as
computed during the certification process is less than zero, that
deterioration factor will be zero.
(2) Exceptions. There are no deterioration factors for light-duty
vehicle emissions obtained during testing in accordance with subpart O
of this part or with Sec.86.146-96. Accordingly, for the CST and the
fuel dispensing spitback test the term ``final deteriorated test
results'' means the final test results derived in paragraph (b) of this
section for each test vehicle, rounded to the same number of decimal
places contained in the applicable emission standard. Rounding is done
in accordance with ASTM E 29-67, (reapproved
[[Page 23]]
1980) (as referenced in Sec.86.094-28 (a)(4)(i)(B)(2)(ii).
(d) Within five working days after completion of testing of all
vehicles pursuant to a test order, the manufacturer shall submit to the
Administrator a report which includes the following information:
(1) The location and description of the manufacturer's emission test
facilities which were utilized to conduct testing reported pursuant to
this section.
(2) The applicable standards against which the vehicles were tested.
(3) Deterioration factors for the selected configuration.
(4) A description of the vehicle selection method used.
(5) For each test conducted.
(i) Test vehicle description including:
(A) Configuration, engine family, and refueling family
identification.
(B) Year, make, build date, and model of vehicle.
(C) Vehicle Identification Number.
(D) Miles accumulated on vehicle.
(ii) Location where mileage accumulation was conducted and
description of accumulation schedule.
(iii) Test number, date initial test results, final results and
final deteriorated test results for all valid and invalid exhaust
emission tests, and the reason for invalidation.
(iv) A complete description of any modification, repair,
preparation, maintenance and/or testing which was performed on the test
vehicle and:
(A) Has not been reported pursuant to any other paragraph of this
subpart; and
(B) Will not be performed on all other production vehicles.
(v) Carbon dioxide emission values for all valid and invalid exhaust
emission tests.
(vi) Where a vehicle was deleted from the test sequence by
authorization of the Administrator, the reason for the deletion.
(vii) Any other information the Administrator may request relevant
to the determination as to whether the new motor vehicles being
manufactured by the manufacturer do in fact conform with the regulations
with respect to which the certificate of conformity was issued.
(6) The following statement and endorsement:
This report is submitted pursuant to sections 206 and 208 of the
Clean Air Act. This Selective Enforcement Audit was conducted in
complete conformance with all applicable regulations under 40 CFR part
86 and the conditions of the test order. No emission related change(s)
to production processes or quality control procedures for the vehicle
configuration tested have been made between receipt of this test order
and conclusion of the audit. All data and information reported herein
is, to the best of
________________________________________________________________________
(Company Name)
knowledge, true and accurate. I am aware of the penalties associated
with violations of the Clean Air Act and the regulations thereunder.
________________________________________________________________________
(Authorized Company Representative)
[59 FR 16303, Apr. 6, 1994, as amended at 62 FR 31236, June 6, 1997]
Sec.86.610-98 Compliance with acceptable quality level and passing
and failing criteria for Selective Enforcement Audits.
(a) The prescribed acceptable quality level is 40 percent.
(b) A failed vehicle is one whose final deteriorated test results
pursuant to Sec.86.609-98(c) exceed at least one of the applicable
emission standards associated with the test procedures pursuant to Sec.
86.608-98(a).
(c)(1) Pass/fail criteria. The manufacturer shall test vehicles
comprising the test sample until a pass decision is reached for all of
the pollutants associated with all of the test procedures pursuant to
Sec.86.608-98(a) or a fail decision is reached for one of these
pollutants. A pass decision is reached when the cumulative number of
failed vehicles, as defined in paragraph (b) of this section, for each
pollutant is less than or equal to the fail decision number appropriate
to the cumulative number of vehicles tested. A fail decision is reached
when the cumulative number of failed vehicles for one pollutant is
greater than or equal to the fail decision number appropriate to the
cumulative number of vehicles tested. The pass and fail decision numbers
associated with the cumulative number of vehicles tested are determined
by use of the tables in appendix XI of this part
[[Page 24]]
appropriate for the annual projected sales as made by the manufacturer
in its report submitted under Sec.600.207-80(a)(2) of this chapter
(Automobile Fuel Economy Regulations). In the tables in appendix XI of
this part, sampling plan ``stage'' refers to the cumulative number of
vehicles tested. Once a pass decision has been made for a particular
pollutant associated with a particular test procedure pursuant to Sec.
86.608-98(a), the number of vehicles whose final deteriorated test
results exceed the emission standard for that pollutant may not be
considered any further for purposes of the audit.
(2) CST criteria only. For CST testing pursuant to subpart O, a pass
or fail decision is determined according to the pass/fail criteria
described in paragraph (c)(1) of this section, except that for each
vehicle, the CST in its entirety is considered one pollutant.
(d) Passing or failing of an SEA audit occurs when the decision is
made on the last vehicle required to make a decision under paragraph (c)
of this section.
(e) The Administrator may terminate testing earlier than required in
paragraph (c) of this section.
[59 FR 16304, Apr. 6, 1994]
Sec.86.612-97 Suspension and revocation of certificates of conformity.
(a) The certificate of conformity is immediately suspended with
respect to any vehicle failing pursuant to Sec.86.610(b) effective
from the time that testing of that vehicle is completed.
(b)(1) Selective enforcement audits. The Administrator may suspend
the certificate of conformity for a configuration that does not pass a
selective enforcement audit pursuant to Sec.86.610-98(c) based on the
first test, or all tests, conducted on each vehicle. This suspension
will not occur before ten days after failure to pass the audit.
(2) California assembly-line quality audit testing. The
Administrator may suspend the certificate of conformity for a 50-state
family or configuration tested in accordance with procedures prescribed
under Sec.86.608 that the Executive Officer has determined to be in
non-compliance with one or more applicable pollutants based on the
requirements specified in Chapter 1 or Chapter 2 of the California
Regulatory Requirements Applicable to the National Low Emission Vehicle
Program (October, 1996), if the results of vehicle testing conducted by
the manufacturer do not meet the acceptable quality level criteria
pursuant to Sec.86.610. The California Regulatory Requirements
Applicable to the National Low Emission Vehicle Program (October, 1996)
are incorporated by reference (see Sec.86.1). A vehicle that is tested
by the manufacturer pursuant to California Assembly-Line Quality Audit
Test Procedures, in accordance with procedures prescribed under Sec.
86.608, and determined to be a failing vehicle will be treated as a
failed vehicle described in Sec.86.610(b), unless the manufacturer can
show that the vehicle would not be considered a failed vehicle using the
test procedures specified in Sec.86.608. This suspension will not
occur before ten days after the manufacturer receives written
notification that the Administrator has determined the 50-state family
or configuration exceeds one or more applicable federal standards.
(c)(1) Selective enforcement audits. If the results of vehicle
testing pursuant to the requirements of this subpart indicates the
vehicles of a particular configuration produced at more than one plant
do not conform to the regulations with respect to which the certificate
of conformity was issued, the Administrator may suspend the certificate
of conformity with respect to that configuration for vehicles
manufactured by the manufacturer in other plants of the manufacturer.
(2) California Assembly-Line Quality Audit Testing. If the
Administrator determines that the results of vehicle testing pursuant to
the requirements specified in Chapter 1 or Chapter 2 of the California
Regulatory Requirements Applicable to the National Low Emission Vehicle
Program (October, 1996) and the procedures prescribed in Sec.86.608
indicate the vehicles of a particular 50-state engine family or
configuration produced at more than one plant do not conform to
applicable federal regulations with respect to which a certificate of
conformity was issued, the Administrator may suspend, pursuant to
paragraph (b)(2) of this section,
[[Page 25]]
the certificate of conformity with respect to that engine family or
configuration for vehicles manufactured in other plants of the
manufacturer. The California Regulatory Requirements Applicable to the
National Low Emission Vehicle Program (October, 1996) are incorporated
by reference (see Sec.86.1).
(d) The Administrator will notify the manufacturer in writing of any
suspension or revocation of a certificate of conformity in whole or in
part: Except, that the certificate of conformity is immediately
suspended with respect to any vehicle failing pursuant to Sec.
86.610(b) and as provided for in paragraph (a) of this section.
(e)(1) Selective Enforcement Audits. The Administrator may revoke a
certificate of conformity for a configuration when the certificate has
been suspended pursuant to paragraph (b)(1) or (c)(1) of this section if
the proposed remedy for the nonconformity, as reported by the
manufacturer to the Administrator, is one requiring a design change(s)
to the engine and/or emission control system as described in the
Application for Certification of the affected configuration.
(2) California Assembly-Line Quality Audit Testing. The
Administrator may revoke a certificate of conformity for an engine
family or configuration when the certificate has been suspended pursuant
to paragraph (b)(2) or (c)(2) of this section if the proposed remedy for
the nonconformity, as reported by the manufacturer to the Executive
Officer and/or the Administrator, is one requiring a design change(s) to
the engine and/or emission control system as described in the
Application for Certification of the affected engine family or
configuration.
(f) Once a certificate has been suspended for a failed vehicle as
provided for in paragraph (a) of this section, the manufacturer must
take the following actions:
(1) Before the certificate is reinstated for that failed vehicle--
(i) Remedy the nonconformity; and
(ii) Demonstrate that the vehicle's final deteriorated test results
conform to the applicable emission standards or family particulate
emission limits, as defined in this part 86 by retesting the vehicle in
accordance with the requirements of this subpart.
(2) Submit a written report to the Administrator within thirty days
after successful completion of testing on the failed vehicle, which
contains a description of the remedy and test results for the vehicle in
addition to other information that may be required by this subpart.
(g) Once a certificate has been suspended pursuant to paragraph (b)
or (c) of this section, the manufacturer must take the following actions
before the Administrator will consider reinstating such certificate:
(1) Submit a written report to the Administrator which identifies
the reason for the noncompliance of the vehicles, describes the proposed
remedy, including a description of any proposed quality control and/or
quality assurance measures to be taken by the manufacturer to prevent
the future occurrence of the problem, and states the date on which the
remedies will be implemented.
(2) Demonstrate that the engine family or configuration for which
the certificate of conformity has been suspended does in fact comply
with the requirements of this subpart by testing vehicles selected from
normal production runs of that engine family or configuration at the
plant(s) or the facilities specified by the Administrator, in accordance
with:
(i) The conditions specified in the initial test order pursuant to
Sec.86.603 for a configuration suspended pursuant to paragraph (b)(1)
or (c)(1) of this section; or
(ii) The conditions specified in a test order pursuant to Sec.
86.603 for an engine family or configuration suspended pursuant to
paragraph (b)(2) or (c)(2) of this section.
(3) If the Administrator has not revoked the certificate pursuant to
paragraph (e) of this section and if the manufacturer elects to continue
testing individual vehicles after suspension of a certificate, the
certificate is reinstated for any vehicle actually determined to have
its final deteriorated test results in conformance with the applicable
standards through testing in accordance with the applicable test
procedures.
[[Page 26]]
(4) In cases where the Administrator has suspended a certificate of
conformity for a 50-state engine family or configuration pursuant to
paragraph (b)(2) or (c)(2) of this section, manufacturers may request in
writing that the Administrator reinstate the certificate of an engine
family or configuration when, in lieu of the actions described in
paragraphs (g) (1) and (2) of this section, the manufacturer has agreed
to comply with Chapter 3 of the California Regulatory Requirements
Applicable to the National Low Emission Vehicle Program (October, 1996),
provided an Executive Order is in place for the engine family or
configuration. The California Regulatory Requirements Applicable to the
National Low Emission Vehicle Program (October, 1996) are incorporated
by reference (see Sec.86.1).
(h) Once a certificate for a failed engine family or configuration
has been revoked under paragraph (e) (1) or (2) of this section and the
manufacturer desires to introduce into commerce a modified version of
that engine family or configuration, the following actions will be taken
before the Administrator may issue a certificate for the new engine
family or configuration:
(1) If the Administrator determines that the proposed change(s) in
vehicle design may have an effect on emission performance deterioration
and/or fuel economy, he/she shall notify the manufacturer within five
working days after receipt of the report in paragraph (g)(1) of this
section or after receipt of information pursuant to paragraph (g)(4) of
this section whether subsequent testing under this subpart will be
sufficient to evaluate the proposed change(s) or whether additional
testing will be required.
(2) After implementing the change(s) intended to remedy the
nonconformity, the manufacturer shall demonstrate:
(i) If the certificate was revoked pursuant to paragraph (e)(1) of
this section, that the modified vehicle configuration does in fact
conform with the requirements of this subpart by testing vehicles
selected from normal production runs of that modified vehicle
configuration in accordance with the conditions specified in the initial
test order pursuant to Sec.86.603. The Administrator shall consider
this testing to satisfy the testing requirements of Sec.86.079-32 or
Sec.86.079-33 if the Administrator had so notified the manufacturer.
If the subsequent testing results in a pass decision pursuant to the
criteria in Sec.86.610-96(c), the Administrator shall reissue or amend
the certificate, if necessary, to include that configuration: Provided,
that the manufacturer has satisfied the testing requirements specified
in paragraph (h)(1) of this section. If the subsequent audit results in
a fail decision pursuant to the criteria in Sec.86.610(c), the
revocation remains in effect. Any design change approvals under this
subpart are limited to the modification of the configuration specified
by the test order.
(ii) If the certificate was revoked pursuant to paragraph (e)(2) of
this section, that the modified engine family or configuration does in
fact conform with the requirements of this subpart by testing vehicles
selected from normal production runs of that modified engine family or
configuration in accordance with the conditions specified in a test
order pursuant to Sec.86.603. The Administrator shall consider this
testing to satisfy the testing requirements of Sec.86.079-32 or Sec.
86.079-33 if the Administrator had so notified the manufacturer. If the
subsequent testing results in a pass decision pursuant to Sec.
86.610(c), the Administrator shall reissue or amend the certificate as
necessary: Provided, That the manufacturer has satisfied the testing
requirements specified in paragraph (h)(1) of this section. If the
subsequent testing results in a fail decision pursuant to Sec.
86.610(c), the revocation remains in effect. Any design change approvals
under this subpart are limited to the modification of engine family or
configuration specified by the test order.
(3) In cases where the Administrator has revoked a certificate of
conformity for a 50-state engine family or configuration pursuant to
paragraph (e)(2) of this section, manufacturers may request in writing
that the Administrator reissue the certificate of an engine family or
configuration when, in lieu of the actions described in paragraphs (h)
(1) and (2) of this section, the manufacturer has complied with Chapter
3 of the California Regulatory
[[Page 27]]
Requirements Applicable to the National Low Emission Vehicle Program
(October, 1996), provided an Executive Order is in place for the engine
family or configuration. The California Regulatory Requirements
Applicable to the National Low Emission Vehicle Program (October, 1996)
are incorporated by reference (see Sec.86.1).
(i) A manufacturer may at any time subsequent to an initial
suspension of a certificate of conformity with respect to a test vehicle
pursuant to paragraph (a) of this section, but not later than fifteen
(15) days or such other period as may be allowed by the Administrator
after notification of the Administrator's decision to suspend or revoke
a certificate of conformity in whole or in part pursuant to paragraph
(b), (c) or (e) of this section, request that the Administrator grant
such manufacturer a hearing as to whether the tests have been properly
conducted or any sampling methods have been properly applied.
(j) After the Administrator suspends or revokes a certificate of
conformity pursuant to this section or notifies a manufacturer of his
intent to suspend, revoke or void a certificate of conformity under
Sec.86.084-30(d), and prior to the commencement of a hearing under
Sec.86.614, if the manufacturer demonstrates to the Administrator's
satisfaction that the decision to suspend, revoke or void the
certificate was based on erroneous information, the Administrator shall
reinstate the certificate.
(k) To permit a manufacturer to avoid storing non-test vehicles when
conducting testing of an engine family or configuration subsequent to
suspension or revocation of the certificate of conformity for that
engine family or configuration pursuant to paragraph (b), (c), or (e) of
this section, the manufacturer may request that the Administrator
conditionally reinstate the certificate for that engine family or
configuration. The Administrator may reinstate the certificate subject
to the condition that the manufacturer consents to recall all vehicles
of that engine family or configuration produced from the time the
certificate is conditionally reinstated if the engine family or
configuration fails the subsequent testing and to remedy any
nonconformity at no expense to the owner.
[62 FR 31236, June 6, 1997]
Sec.86.614-84 Hearings on suspension, revocation, and voiding of
certificates of conformity.
(a) Applicability. The procedures prescribed by this section apply
whenever a manufacturer requests a hearing under Sec.86.084-
30(d)(6)(i), Sec.86.084-30(d)(7), or Sec.86.612(i).
(b) Definitions. The following definitions shall be applicable to
this section:
(1) Hearing Clerk shall mean the Hearing Clerk of the Environmental
Protection Agency.
(2) Manufacturer refers to a manufacturer contesting a suspension or
revocation order directed at the manufacturer.
(3) Party shall include the Agency and the manufacturer.
(4) Presiding Officer shall mean an Administrative Law Judge
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as
amended).
(5) Environmental Appeals Board shall mean the Board within the
Agency described in section 1.25 of this title. The Administrator
delegates to the Environmental Appeals Board authority to issue final
decisions in appeals filed under this subpart. Appeals directed by the
Administrator, rather than to the Environmental Appeals Board, will not
be considered. This delegation of authority to the Environmental Appeals
Board does not preclude the Environmental Appeals Board from referring
an appeal or a motion filed under this subpart to the Administrator for
decision when the Environmental Appeals Board, in its discretion, deems
it appropriate to do so. When an appeal or motion is referred to the
Administrator, all parties shall be so notified and the rules in this
part referring to the Environmental Appeals Board shall be interpreted
as referring to the Administrator.
(c) Request for public hearing. (1) If the manufacturer disagrees
with the Administrator's decision to suspend, revoke, or void a
certificate or disputes the basis for an automatic suspension under
Sec.86.612(a), it may request a public hearing as described in this
section.
[[Page 28]]
Requests for such a hearing shall be filed with the Administrator not
later than 15 days after the Administrator's notification of his
decision to suspend or revoke unless otherwise specified by the
Administrator. Two copies of such request shall simultaneously be served
upon the Director of the Manufacturers Operations Division and two
copies filed with the Hearing Clerk. Failure of the manufacturer to
request a hearing within the time provided shall constitute a waiver of
his right to such a hearing. Subsequent to the expiration of the period
for requesting a hearing as of right, the Administrator may, in his
discretion and for good cause shown, grant the manufacturer a hearing to
contest the suspension or revocation.
(2) The request for a public hearing shall contain:
(i) A statement as to which vehicle configurations or engine
families are to be the subject of the hearing;
(ii) A concise statement of the issues to be raised by the
manufacturer at the hearing for each vehicle configuration or engine
family or vehicle for which the manufacturer has requested the hearing:
Provided, however, That in the case of a hearing request under paragraph
Sec.86.612(i), the hearing is restricted to the following issues:
(A) Whether tests were conducted in accordance with applicable
regulations under this part;
(B) Whether test equipment was properly calibrated and functioning;
(C) Whether sampling procedures specified in appendix XI of this
part were followed; and
(D) Whether there exists a basis for distinguishing vehicles
produced at plants other than the one from which vehicles were selected
which would invalidate the Administrator's decision under Sec.
86.612(c);
(iii) A statement specifying reasons the manufacturer believes he
will prevail on the merits on each of the issues so raised; and
(iv) A summary of the evidence which supports the manufacturer's
position on each of the issues so raised.
(3) A copy of all requests for public hearings shall be kept on file
in the Office of the Hearing Clerk and shall be made available to the
public during Agency business hours.
(d) Summary decision. (1) In the case of a hearing requested under
Sec.86.612(i), when it clearly appears from the data and other
information contained in the request for a hearing that there is no
genuine and substantial question of fact with respect to the issues
specified in Sec.86.614(c)(2)(ii), the Administrator shall enter an
order denying the request for a hearing. In addition, if the original
decision to suspend or revoke a certificate of conformity was made under
Sec.86.612(d) prior to the decision to deny the request for a hearing,
the order denying the request will reaffirm the suspension or
revocation.
(2) In the case of a hearing requested under Sec.86.084-
30(d)(6)(i), to challenge a proposed suspension of a certificate of
conformity for the reasons specified in Sec.86.084-30(d)(1) (i) or
(ii), when it clearly appears from the data and other information
contained in the request for a hearing that there is no genuine and
substantial question of fact with respect to the issue of whether the
refusal to comply with the provisions of a test order or any other
requirement of Sec.86.603 was caused by conditions and circumstances
outside the control of the manufacturer, the Administrator will enter an
order denying the request for a hearing, and suspending the certificate
of conformity.
(3) Any order issued under paragraph (d) (1) or (2) of this section
shall have the force and effect of a final decision of the
Administrator, as issued pursuant to paragraph (w)(4) of this section.
(4) If the Administrator determines that a genuine and substantial
question of fact does exist with respect to any of the issues referred
to in paragraphs (d)(1) and (2) of this section, he shall grant the
request for a hearing and publish a notice of public hearing in
accordance with paragraph (h) of this section.
(e) Filing and service. (1) An original and two copies of all
documents or papers required or permitted to be filed pursuant to this
section shall be filed with the Hearing Clerk. Filing shall be deemed
timely if mailed, as determined by the postmark, to the Hearing Clerk
within the time allowed by this section. If filing is to be accomplished
by
[[Page 29]]
mailing, the documents shall be sent to the address set forth in the
notice of public hearing as described in paragraph (h) of this section.
(2) To the maximum extent possible, testimony shall be presented in
written form. Copies of written testimony shall be served upon all
parties as soon as practicable prior to the start of the hearing. A
certificate of service shall be provided on or accompany each document
or paper filed with the Hearing Clerk. Documents to be served upon the
Director of the Manufacturers Operations Division shall be sent by
registered mail to: Director, Manufacturers Operations Division, U.S.
Environmental Protection Agency (EN-340), 1200 Pennsylvania Ave., NW.,
WSM, Washington, DC 20460. Service by registered mail is complete upon
mailing.
(f) Time. (1) In computing any period of time prescribed or allowed
by this section, except as otherwise provided, the day of the act or
event from which the designated period of time begins to run shall not
be included. Saturdays, Sundays, and Federal legal holidays shall be
included in computing any such period allowed for the filing of any
document or paper, except that when such period expires on a Saturday,
Sunday, or Federal legal holiday, such period shall be extended to
include the next following business day.
(2) A prescribed period of time within which a party is required or
permitted to do an act shall be computed from the time of service,
except that when service is accomplished by mail, three days shall be
added to the prescribed period.
(g) Consolidation. The Administrator or the Presiding Officer in his
discretion may consolidate two or more proceedings to be held under this
section for the purpose of resolving one or more issues whenever it
appears that such consolidation will expedite or simplify consideration
of such issues. Consolidation shall not affect the right of any party to
raise issues that could have been raised if consolidation had not
occurred.
(h) Notice of public hearings. (1) Notice of a public hearing under
this section shall be given by publication in the Federal Register and
by such other means as the Administrator finds appropriate to provide
notice to the public. To the extent possible hearings under this section
shall be scheduled to commence within 14 days of receipt of the
application in paragraph (c) of this section.
(i) Amicus curiae. Persons not parties to the proceeding wishing to
file briefs may do so by leave of the Presiding Officer granted on
motion. A motion for leave shall identify the interest of the applicant
and shall state the reasons why the proposed amicus brief is desirable.
(j) Presiding Officer. The Presiding Officer shall have the duty to
conduct a fair and impartial hearing in accordance with 5 U.S.C.
sections 554, 556 and 557 and to take all necessary action to avoid
delay in the disposition of the proceedings and to maintain order. He
shall have all power consistent with Agency rule and with the
Administrative Procedure Act necessary to this end, including the
following:
(1) To administer oaths and affirmations;
(2) To rule upon offers of proof and exclude irrelevant or
repetitious material;
(3) To regulate the course of the hearings and the conduct of the
parties and their counsel therein;
(4) To hold conferences for simplification of the issues or any
other proper purpose;
(5) To consider and rule upon all procedural and other motions
appropriate in such proceedings;
(6) To require the submission of direct testimony in written form
with or without affidavit whenever, in the opinion of the Presiding
Officer, oral testimony is not necessary for full and true disclosure of
the facts;
(7) To enforce agreements and orders requiring access as authorized
by law;
(8) To require the filing of briefs on any matter on which he is
required to rule;
(9) To require any party or any witness, during the course of the
hearing, to state his position on any issue;
(10) To take or cause depositions to be taken whenever the ends of
justice would be served thereby;
(11) To make decisions or recommend decisions to resolve the
disputed issues on the record of the hearing;
[[Page 30]]
(12) To issue, upon good cause shown, protective orders as described
in paragraph (n) of this section.
(k) Conferences. (1) At the discretion of the Presiding Officer,
conferences may be held prior to or during any hearing. The Presiding
Officer shall direct the Hearing Clerk to notify all parties of the time
and location of any such conference. At the discretion of the Presiding
Officer, persons other than parties may attend. At a conference the
Presiding Officer may:
(i) Obtain stipulations and admissions, receive requests and order
depositions to be taken, identify disputed issues of fact and law, and
require or allow the submission of written testimony from any witness or
party;
(ii) Set a hearing schedule for as many of the following as are
deemed necessary by the Presiding Officer:
(A) Oral and written statements;
(B) Submission of written direct testimony as required or authorized
by the Presiding Officer;
(C) Oral direct and cross-examination of a witness where necessary
as prescribed in paragraph (p) of this section: and
(D) Oral argument, if appropriate.
(iii) Identify matters of which official notice may be taken;
(iv) Consider limitation of the number of expert and other
witnesses;
(v) Consider the procedure to be followed at the hearing; and
(vi) Consider any other matter that may expedite the hearing or aid
in the disposition of the issue.
(2) The results of any conference including all stipulations shall,
if not transcribed, be summarized in writing by the Presiding Officer
and made part of the record.
(l) Primary discovery (exchange of witness lists and documents). (1)
At a prehearing conference or within some reasonable time set by the
Presiding Officer prior to the hearing, each party shall make available
to the other parties the names of the expert and other witnesses the
party expects to call, together with a brief summary of their expected
testimony and a list of all documents and exhibits which the party
expects to introduce into evidence. Thereafter, witnesses, documents, or
exhibits may be added and summaries of expected testimony amended upon
motion by a party.
(2) The Presiding Officer, may, upon motion by a party or other
person, and for good cause shown, by order (i) restrict or defer
disclosure by a party of the name of a witness or a narrative summary of
the expected testimony of a witness, and (ii) prescribe other
appropriate measures to protect a witness. Any party affected by any
such action shall have an adequate opportunity, once he learns the name
of a witness and obtains the narrative summary of his expected
testimony, to prepare for the presentation of his case.
(m) Other discovery. (1) Except as so provided by paragraph (l) of
this section, further discovery, under this paragraph, shall be
permitted only upon determination by the Presiding Officer:
(i) That such discovery will not in any way unreasonably delay the
proceeding;
(ii) That the information to be obtained is not obtainable
voluntarily; and
(iii) That such information has significant probative value. The
Presiding Officer shall be guided by the procedures set forth in the
Federal Rules of Civil Procedure, where practicable, and the precedents
thereunder, except that no discovery shall be undertaken except upon
order of the Presiding Officer or upon agreement of the parties.
(2) The Presiding Officer shall order depositions upon oral
questions only upon a showing of good cause and upon a finding that:
(i) The information sought cannot be obtained by alternative
methods; or
(ii) There is a substantial reason to believe that relevant and
probative evidence may otherwise not be preserved for presentation by a
witness at the hearing.
(3) Any party to the proceeding desiring an order of discovery shall
make a motion or motions therefor. Such a motion shall set forth:
(i) The circumstances warranting the taking of the discovery;
(ii) The nature of the information expected to be discovered; and
(iii) The proposed time and place where it will be taken.
[[Page 31]]
If the Presiding Officer determines the motion should be granted, he
shall issue an order for the taking of such discovery together with the
conditions and terms thereof.
(4) Failure to comply with an order issued pursuant to this
paragraph may lead to the inference that the information to be
discovered would be adverse to the person or party from whom the
information was sought.
(n) Protective orders, in camera proceedings. (1) Upon motion by a
party or by the person from whom discovery is sought, and upon a showing
by the movant that the disclosure of the information to be discovered,
or a particular part thereof, (other than emission data) would result in
methods or processes entitled to protection as trade secrets of such
person being divulged, the Presiding Officer may enter a protective
order with respect to such material. Any protective order shall contain
such terms governing the treatment of the information as may be
appropriate under the circumstances to prevent disclosure outside the
hearing: Provided, That the order shall state that the material shall be
filed separately from other evidence and exhibits in the hearing.
Disclosure shall be limited to parties to the hearing, their counsel and
relevant technical consultants, and authorized representatives of the
United States concerned with carrying out the Act. Except in the case of
the government, disclosure may be limited to counsel for parties who
shall not disclose such information to the parties themselves. Except in
the case of the government, disclosure to a party or his counsel shall
be conditioned on execution of a sworn statement that no disclosure of
the information will be made to persons not entitled to receive it under
the terms of the protective order. (No such provision is necessary where
government employees are concerned because disclosure by them is subject
to the terms of 18 U.S.C. 1905.)
(2)(i) A party or person seeking a protective order may be permitted
to make all or part of the required showing in camera. A record shall be
made of such in camera proceedings. If the Presiding Officer enters a
protective order following a showing in camera, the record of such
showing shall be sealed and preserved and made available to the agency
or court in the event of appeal.
(ii) Attendance at any in camera proceeding may be limited to the
Presiding Officer, the agency, and the person or party seeking the
protective order.
(3) Any party, subject to the terms and conditions of any protective
order issued pursuant to paragraph (n)(1) of this section, desiring for
the presentation of his case to make use of any in camera documents or
testimony shall make application to the Presiding Officer by motion
setting forth the justification therefor. The Presiding Officer, in
granting any such motion, shall enter an order protecting the rights of
the affected persons and parties and preventing unnecessary disclosure
of such information, including the presentation of such information and
oral testimony and cross-examination concerning it in executive session,
as in his discretion is necessary and practicable.
(4) In the submittal of proposed findings, briefs, or other papers,
counsel for all parties shall make a good faith attempt to refrain from
disclosing the specific details of in camera documents and testimony.
This shall not preclude references in such proposed findings, briefs, or
other papers to such documents or testimony including generalized
statements based on their contents. To the extent that counsel considers
it necessary to include specific details in their presentations, such
data shall be incorporated in separate proposed findings, briefs, or
other papers marked ``confidential,'' which shall become part of the in
camera record.
(o) Motions. (1) All motions, except those made orally during the
course of the hearing, shall be in writing and shall state with
particularity the grounds therefore, shall set forth the relief or order
sought, and shall be filed with the Hearing Clerk and served upon all
parties.
(2) Within such time as may be fixed by the Environmental Appeals
Board or the Presiding Officer, as appropriate, any party may serve and
file an answer to the motion. The movant
[[Page 32]]
shall, if requested by the Environmental Appeals Board or the Presiding
Officer, as appropriate, serve and file reply papers within the time set
by the request.
(3) The Presiding Officer shall rule upon all motions filed or made
prior to the filing of his decision or accelerated decision, as
appropriate. The Environmental Appeals Board shall rule upon all motions
filed prior to the appointment of a Presiding Officer and all motions
filed after the filing of the decision of the Presiding Officer or
accelerated decision. Oral argument of motions will be permitted only if
the Presiding Officer or the Environmental Appeals Board, as
appropriate, deems it necessary.
(p) Evidence. (1) The official transcripts and exhibits, together
with all papers and requests filed in the proceeding, shall constitute
the record. Immaterial or irrelevant parts of an admissible document
shall be segregated and excluded so far as practicable. Documents or
parts thereof subject to a protective order under paragraph (n) of this
section shall be segregated. Evidence may be received at the hearing
even though inadmissible under the rules of evidence applicable to
judicial proceedings. The weight to be given evidence shall be
determined by its reliability and probative value.
(2) The Presiding Officer shall allow the parties to examine and
cross-examine a witness to the extent that such examination and cross-
examination is necessary for a full and true disclosure of the facts.
(3) Rulings of the Presiding Officer on the admissibility of
evidence, the propriety of examination and cross-examination and other
procedural matters shall appear in the record.
(4) Parties shall automatically be presumed to have taken exception
to an adverse ruling.
(q) Record. (1) Hearings shall be stenographically reported and
transcribed and the original transcripts shall be part of the record and
the sole official transcript. Copies of the record shall be filed with
the Hearing Clerk and made available during Agency business hours for
public inspection. Any person desiring a copy of the record of the
hearing or any part thereof, except as provided in paragraph (n) of this
section, shall be entitled to the same upon payment of the cost thereof.
(2) The official transcripts and exhibits, together with all papers
and requests filed in the proceeding, shall constitute the record.
(r) Proposed findings, conclusions. (1) Within 4 days of the close
of the reception of evidence, or within such longer time as may be fixed
by the Presiding Officer, any party may submit for the consideration of
the Presiding Officer proposed findings of fact, conclusions of law, and
a proposed order, together with reasons therefor and briefs in support
thereof. Such proposals shall be in writing, shall be served upon all
parties, and shall contain adequate references to the record and
authorities relied upon.
(2) The record shall show the Presiding Officer's ruling on the
proposed findings and conclusions except when his order disposing of the
proceeding otherwise informs the parties of the action taken by him
thereon.
(s) Decision of the Presiding Officer. (1) Unless extended by the
Environmental Appeals Board, the Presiding Officer shall issue and file
with the Hearing Clerk his decision within 14 days (or within 7 days in
the case of a hearing requested under Sec.86.612(i)) after the period
for filing proposed findings as provided for in paragraph (r) of this
section has expired.
(2) The Presiding Officer's decision shall become the decision of
the Environmental Appeals Board (i) when no notice of intention to
appeal as described in paragraphs (t) and (u) of this section is filed,
10 days after issuance thereof, unless in the interim the Environmental
Appeals Board shall have taken action to review or stay the effective
date of the decision; or (ii), when a notice of intention to appeal is
filed but the appeal is not perfected as required by paragraphs (t) or
(u) of this section, 5 days after the period allowed for perfection of
an appeal has expired unless within that 5 day period, the Environmental
Appeals Board shall have taken action to review or stay the effective
date of the decision.
(3) The Presiding Officer's decision shall include a statement of
findings
[[Page 33]]
and conclusions, as well as the reasons or basis therefore, upon all the
material issues of fact or law presented on the record and an
appropriate rule or order. Such decision shall be supported by
substantial evidence and based upon a consideration of the whole record.
(4) At any time prior to the issuance of his decision, the Presiding
Officer may reopen the proceeding for the reception of further evidence.
Except for the correction of clerical errors, the jurisdication of the
Presiding Officer is terminated upon the issuance of his decision.
(t) Appeal from the decision of the Presiding Officer. (1) Any party
to a proceeding may appeal the Presiding Officer's decision to the
Environmental Appeals Board, Provided, That within 10 days after
issuance of the Presiding Officer's decision such party files a notice
of intention to appeal and an appeal brief within 20 days of such
decision.
(2) When an appeal is taken from the decision of the Presiding
Officer, any party may file a brief with respect to such appeal. The
brief shall be filed within 15 days of the date of the filing of the
appellant's brief.
(3) Any brief filed pursuant to this paragraph shall contain in the
order indicated, the following:
(i) A subject index of the matter in the brief, with page
references, and a table of cases (alphabetically arranged) textbooks,
statutes, and other material cited, with page references thereto;
(ii) A specification of the issues intended to be urged: Provided,
however, That in the case of a hearing requested under Sec.86.612(i),
the brief shall be restricted to the issues specified in paragraph
(c)(2)(ii) of this section;
(iii) The argument presenting clearly the points of fact and law
relied upon in support of the position taken on each issue, with
specific page references to the record and the legal or other material
relied upon; and
(iv) A proposed order for the Environmental Appeals Board's
consideration if different from the order contained in the Presiding
Officer's decision.
(4) No brief in excess of 40 pages shall be filed without leave of
the Environmental Appeals Board.
(5) Oral argument shall be allowed only in the discretion of the
Environmental Appeals Board.
(u) Summary appeal. (1) In the case of a hearing requested under
Sec.86.612(i), any appeal taken from the decision of the Presiding
Officer shall be conducted under this paragraph.
(2) Any party to the proceeding may appeal the Presiding Officer's
decision to the Environmental Appeals Board by filing a notice of appeal
within 10 days.
(3) The notice appeal shall be in the form of a brief, and shall
conform to the requirements of paragraph (t)(3) of this section.
(4) Within 10 days after a notice of appeal from the decision of the
Presiding Officer is filed under this paragraph, any party may file a
brief with respect to such appeal.
(5) No brief in excess of 15 pages shall be filed without leave of
the Environmental Appeals Board.
(v) Review of the Presiding Officer's decision in absence of appeal.
(1) If after the expiration of the period for taking an appeal as
provided for by paragraph (t) or (u) of this section no notice of
intention to appeal the decision of the Presiding Officer has been
filed, or if filed, not perfected, the Hearing Clerk shall so notify the
Environmental Appeals Board.
(2) The Environmental Appeals Board, upon receipt of notice from the
Hearing Clerk that no notice of intention to appeal the decision of the
Presiding Officer has been filed, or if filed, not perfected pursuant to
paragraph (t) or (u) of this section, may, on its own motion, within the
time limits specified in paragraph (s)(2) of this section, review the
decision of the Presiding Officer. Notice of the intention of the
Environmental Appeals Board to review the decision of the Presiding
Officer shall be given to all parties and shall set forth the scope of
such review and the issues which shall be considered and shall make
provision for filing of briefs.
(w) Decision of appeal or review. (1) Upon appeal from or review of
the Presiding Officer's decision, the Environmental Appeals Board shall
consider such parts of the record as are cited or as may be necessary to
resolve the
[[Page 34]]
issues presented and in addition shall, to the extent necessary or
desirable, exercise all the powers which it could have exercised if it
had presided at the hearing.
(2) In rendering its decision, the Environmental Appeals Board shall
adopt, modify or set aside the findings, conclusions, and order
contained in the decision of the Presiding Officer and shall set forth
in its decision a statement of the reasons or bases for its action.
(3) In those cases where the Environmental Appeals Board determines
that it should further information or additional views of the parties as
to the form and content of the rule or order to be issued, the
Environmental Appeals Board, in its discretion, may withhold final
action pending the receipt of such additional information or views, or
may remand the case to the Presiding Officer.
(4) Any decision rendered under this paragraph which completes
disposition of a case shall be a final decision of the Environmental
Appeals Board.
(x) Reconsideration. Within twenty (20) days after issuance of the
Environmental Appeals Board's decision, any party may file with the
Environmental Appeals Board a petition for reconsideration of such
decision, setting forth the relief desired and the grounds in support
thereof. Any petition filed under this subsection must be confined to
new questions raised by the decision or final order and upon which the
petitioner had no opportunity to argue before the Presiding Officer or
the Environmental Appeals Board; Provided, however, That in the case of
a hearing requested under Sec.86.612(i) such new questions shall be
limited to the issues specified in paragraph (c)(2)(ii) of this section.
Any party desiring to oppose such a petition shall file an answer
thereto within ten (10) days after the filing of the petition. The
filing of a petition for reconsideration shall not operate to stay the
effective date of the decision or order or to toll the running of any
statutory time period affecting such decision or order unless
specifically so ordered by the Environmental Appeals Board.
(y) Accelerated decision, dismissal. (1) The Presiding Officer, upon
motion of any party or sua sponte, may at any time render an accelerated
decision in favor of the Agency or the manufacturer as to all or any
part of the proceeding, without further hearing or upon such limited
additional evidence such as affidavits as he may require, or dismiss any
party with prejudice, for any of the following reasons:
(i) Failure to state a claim upon which relief can be granted, or
direct or collateral estoppel;
(ii) The lack of any genuine issue of material fact, causing a party
to be entitled to judgment as a matter of law; or
(iii) Such other and further reasons as are just, including
specifically failure to obey a procedural order of the Presiding
Officer.
(2) If under this paragraph an accelerated decision is issued as to
all the issues and claims joined in the proceeding, the decision shall
be treated for the purposes of these procedures as the decision of the
Presiding Officer as provided in paragraph (s) of this section.
(3) If under this paragraph, judgment is rendered on less than all
issues or claims in the proceeding, the Presiding Officer shall
determine what material facts exist without substantial controversy and
what material facts are actually and in good faith controverted. He
shall thereupon issue an order specifying the facts which appear without
substantial controversy, and the issues and claims upon which the
hearing will proceed.
(z) Conclusion of hearing. (1) If, after the expiration of the
period for taking an appeal as provided for by paragraph (t) and (u) of
this section, no appeal has been taken from the Presiding Officer's
decision, and after the expiration of the period for review by the
Environmental Appeals Board on its own motion as provided for by
paragraph (v) of this section, the Environmental Appeals Board does not
move to review such decision, the hearing will be deemed to have ended
at the expiration of all periods allowed for such appeal and review.
(2) If an appeal of the Presiding Officer's decision is taken
pursuant to paragraphs (t) and (u) of this section, or if, in the
absence of such appeal, the Environmental Appeals Board moves to
[[Page 35]]
review the decision of the Presiding Officer pursuant to paragraph (v)
of this section, the hearing will be deemed to have ended upon rendering
of a final decision by the Environmental Appeals Board.
(aa) Judicial review. (1) The Administrator hereby designates the
General Counsel, Environmental Protection Agency as the officer upon
whom copy of any petition for judicial review shall be served. Such
officer shall be responsible for filing in the court the record on which
the order of the Environmental Appeals Board is based.
(2) Before forwarding the record to the court, the Agency shall
advise the petitioner of costs of preparing it and as soon as payment to
cover fees is made, shall forward the record to the court.
[41 FR 31483, July 28, 1976, as amended at 43 FR 4553, Feb. 2, 1978; 44
FR 61962, Oct. 29, 1979. Redesignated and amended at 49 FR 48484, Dec.
12, 1984, and further redesignated at 54 FR 2123, Jan. 19, 1989; 57 FR
5330, Feb. 13, 1992]
Sec.86.615-84 Treatment of confidential information.
(a) Any manufacturer may assert that some or all of the information
submitted pursuant to this subpart is entitled to confidential treatment
as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is
confidential, a manufacturer must indicate clearly the items of
information claimed confidential by marking, circling, bracketing,
stamping, or otherwise specifying the confidential information.
Furthermore, EPA requests, but does not require, that the submitter also
provide a second copy of its submittal from which all confidential
information has been deleted. If a need arises to publicly release
nonconfidential information, EPA will assume that the submitter has
accurately deleted the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Environmental Appeals Board only to the extent and by means of the
procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter, in accordance with 40 CFR
2.204(c)(2)(i)(A).
[50 FR 34798, Aug. 27, 1985. Redesignated at 54 FR 2123, Jan. 19, 1989,
and amended at 57 FR 5332, Feb. 13, 1992]
Subpart H_General Provisions for In-Use Emission Regulations for 1994
and Later Model Year Light-Duty Vehicles and Light-Duty Trucks
Source: 56 FR 25781, June 5, 1991, unless otherwise noted.
Sec.86.701-94 General applicability.
(a) The provisions of this subpart apply to: 1994 through 2003 model
year Otto-cycle and diesel light-duty vehicles; 1994 through 2003 model
year Otto-cycle and diesel light-duty trucks; and 1994 and later model
year Otto-cycle and diesel heavy-duty engines; and 2001 and later model
year Otto-cycle heavy-duty vehicles and engines certified under the
provisions of subpart S of this part. The provisions of subpart B of
this part apply to this subpart. The provisions of Sec.86.1811-
04(a)(5) and (p) apply to 2004 and later model year light-duty vehicles,
light-duty trucks, and medium duty passenger vehicles.
(b) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles, light-duty trucks, and Otto-cycle heavy-duty vehicles and
engines under the provisions of subpart S of this part.
[65 FR 59957, Oct. 6, 2000, as amended at 72 FR 8561, Feb. 26, 2007]
Sec.86.702-94 Definitions.
The definitions in subparts A and B of this part apply to this
subpart.
[[Page 36]]
Sec.86.703-94 Abbreviations.
The abbreviations in subparts A and B of this part apply to this
subpart.
Sec.86.704-94 Section numbering; construction.
Section 86.104 of subpart B applies to this subpart.
Sec. Sec.86.705-94--86.707-94 [Reserved]
Sec.86.708-94 In-use emission standards for 1994 and later model
year light-duty vehicles.
Section 86.708-94 includes text that specifies requirements that
differ from Sec.86.090-8 of subpart A of this part. Where a paragraph
in Sec.86.090-8 is identical and applicable to Sec.86.708-94, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec.86.090-8.'' Where a
corresponding paragraph of Sec.86.090-8 is not applicable, this is
indicated by the statement ``[Reserved].''
(a)(1) Standards. (i) In-use exhaust emissions from 1994 and later
model year light-duty vehicles shall meet all standards in tables H94-3
and H94-4 in the rows designated with the applicable fuel type,
according to the implementation schedules in tables H94-1 and H94-2, and
shall meet all standards in tables H94-6 and H94-7 in the rows
designated with the applicable fuel type, according to the
implementation schedules in table H94-5, as follows:
(A)(1)(i) For model years 1994 and 1995, a minimum of the percentage
shown in table H94-1 of a manufacturer's sales of the applicable model
year's light-duty vehicles shall not exceed the applicable Tier
1I standards in table H94-3. The remaining vehicles, if any,
shall not exceed the applicable Tier 0 standards in table H94-3.
(ii) For model years 1996 and beyond, a minimum of the percentages
shown in table H94-2 of a manufacturer's sales of the applicable model
year's light-duty vehicles shall not exceed the applicable Tier 1
standards in tables H94-3 and H94-4. The remaining vehicles, if any,
shall not exceed the applicable Tier 1I standards in table
H94-3.
(2) Particulates. For in-use exhaust emissions for model years 1994
and later, a minimum of the percentage shown in table H94-5 of a
manufacturer's sales of the applicable model year's light-duty vehicles
shall not exceed the applicable Tier 1 standards in tables H94-6 and
H94-7. The remaining vehicles, if any, shall not exceed the applicable
Tier 0 standards in table H94-6.
(3) Optionally, compliance with the Tier 1I and Tier 1
implementation schedules of this section may be based on the combined
sales of light-duty vehicles and light light-duty trucks, if such option
was taken for certification as allowed in Sec. Sec.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.
Table H94-1--Implementation Schedule for Light-Duty Vehicles for HCs, CO
and NOX
------------------------------------------------------------------------
Tier 1I
Model year percentage
------------------------------------------------------------------------
1994....................................................... 40
1995....................................................... 80
1996....................................................... 60
1997....................................................... 20
After 1997................................................. 0
------------------------------------------------------------------------
Table H94-2--Implementation Schedule for Light-Duty Vehicles for HCs, CO
and NOX
------------------------------------------------------------------------
Tier 1
Model year percentage
------------------------------------------------------------------------
1994....................................................... 0
1995....................................................... 0
1996....................................................... 40
1997....................................................... 80
After 1997................................................. 100
------------------------------------------------------------------------
[[Page 37]]
Table H94-3--Intermediate Useful Life\1\ Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
----------------------------------------------------------------------------------------------------------------
Fuel Standards THC NMHC THCE NMHCE CO NOX
----------------------------------------------------------------------------------------------------------------
Gasoline........................... Tier 0................ 0.41 ...... ...... ........... 3.4 1.0
Gasoline........................... Tier 1I............... 0.41 0.32 ...... ........... 3.4 0.4
Gasoline........................... Tier 1................ 0.41 0.25 ...... ........... 3.4 0.4
Diesel............................. Tier 0................ 0.41 ...... ...... ........... 3.4 1.0
Diesel............................. Tier 1I............... 0.41 0.32 ...... ........... 3.4 1.0
Diesel............................. Tier 1................ 0.41 0.25 ...... ........... 3.4 1.0
Methanol........................... Tier 0................ ...... ...... 0.41 ........... 3.4 1.0
Methanol........................... Tier 1I............... ...... ...... 0.41 0.32 3.4 0.4
Methanol........................... Tier 1................ ...... ...... 0.41 0.25 3.4 0.4
Natural Gas........................ Tier 0................ ...... 0.34 ...... ........... 3.4 1.0
Natural Gas........................ Tier 1I............... ...... 0.32 ...... ........... 3.4 0.4
Natural Gas........................ Tier 1................ ...... 0.25 ...... ........... 3.4 0.4
LPG................................ Tier 0................ 0.41 ...... ...... ........... 3.4 1.0
LPG................................ Tier 1I............... 0.41 0.32 ...... ........... 3.4 0.4
LPG................................ Tier 1................ 0.41 0.25 ...... ........... 3.4 0.4
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
Table H94-4--Full Useful Life \1\ Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
----------------------------------------------------------------------------------------------------------------
Fuel Standards THC NMHC THCE NMHCE CO NOX
----------------------------------------------------------------------------------------------------------------
Gasoline........................... Tier 0................ ...... ...... ...... ........... ...... ......
Gasoline........................... Tier 1................ ...... 0.31 ...... ........... 4.2 0.60
Diesel............................. Tier 0................ ...... ...... ...... ........... ...... ......
Diesel............................. Tier 1................ ...... 0.31 ...... ........... 4.2 1.25
Methanol........................... Tier 0................ ...... ...... ...... ........... ...... ......
Methanol........................... Tier 1................ ...... ...... ...... 0.31 4.2 0.60
Natural Gas........................ Tier 0................ ...... ...... ...... ........... ...... ......
Natural Gas........................ Tier 1................ ...... 0.31 ...... ........... 4.2 0.60
LPG................................ Tier 0................ ...... ...... ...... ........... ...... ......
LPG................................ Tier 1................ ...... 0.31 ...... ........... 4.2 0.60
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement
testing will be done beyond 7 years or 75,000 miles, whichever first occurs.
Table H94-5--Implementation Schedule for Light-Duty Vehicles for PM
------------------------------------------------------------------------
Tier 1
Model year percentage
------------------------------------------------------------------------
1994....................................................... 40
1995....................................................... 80
After 1995................................................. 100
------------------------------------------------------------------------
Table H94-6--Intermediate Useful Life \1\ Standards (g/mi) for Light-
Duty Vehicles for PM
------------------------------------------------------------------------
Fuel Standards PM
------------------------------------------------------------------------
Gasoline............................... Tier 0.................. .....
Gasoline............................... Tier 1.................. 0.08
Diesel................................. Tier 0.................. 0.20
Diesel................................. Tier 1.................. 0.08
Methanol............................... Tier 0.................. \2\
0.20
Methanol............................... Tier 1.................. 10.08
Natural Gas............................ Tier 0.................. \2\
0.20
Natural Gas............................ Tier 1.................. 0.08
LPG.................................... Tier 0.................. \2\
0.20
LPG.................................... Tier 1.................. 0.08
------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever
first occurs.
\2\ Applicable only to diesel-cycle vehicles.
Table H94-7--Full Useful Life \1\ Standards (g/mi) for Light-Duty
Vehicles for PM
------------------------------------------------------------------------
Fuel Standards PM
------------------------------------------------------------------------
Gasoline.............................. Tier 0.................. ......
Gasoline.............................. Tier 1.................. 0.10
Diesel................................ Tier 0.................. ......
[[Page 38]]
Diesel................................ Tier 1.................. 0.10
Methanol.............................. Tier 0.................. ......
Methanol.............................. Tier 1.................. 0.10
Natural Gas........................... Tier 0.................. ......
Natural Gas........................... Tier 1.................. 0.10
LPG................................... Tier 0.................. ......
LPG................................... Tier 1.................. 0.10
------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever
first occurs, except that no enforcement testing will be done beyond 7
years or 75,000 miles, whichever first occurs.
(B)(1)(i) Sales percentages for the purposes of determining
compliance with paragraph (a)(1)(i) of this section shall be based on
total actual U.S. sales of light-duty vehicles of the applicable model
year by a manufacturer to a dealer, distributor, fleet operator, broker,
or any other entity which comprises the point of first sale. If the
option of paragraph (a)(1)(i)(A)(3) is taken, such sales percentages
shall be based on the total actual combined U.S. sales of light-duty
vehicles and light light-duty trucks of the applicable model year by a
manufacturer to a dealer, distributor, fleet operator, broker, or any
other entity which comprises the point of first sale.
(ii) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sales to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of tables H94-1, H94-2 and H94-5 of this section. Such
petition shall be submitted within 30 days of the end of the model year
to the Manufacturers Operations Division. For the petition to be
granted, the manufacturer must establish to the satisfaction of the
Administrator that actual production volume is functionally equivalent
to actual sales volume.
(iii) The vehicles that are counted toward the implementation
schedule sales percentage, or toward the total on which such percentage
is based, for certification purposes as prescribed by Sec.86.094-8
(a)(1)(i)(B)(1)(iii) of subpart A of this part, shall be the same
vehicles that are counted toward the implementation schedule sales
percentage, or the total on which it is based, for in-use purposes.
(iv) Small volume manufacturers, as defined in Sec.86.092-14 (b)
(1) and (2), are exempt from the implementation schedules of tables H94-
1 and H94-2 of this section for model years 1994 through 1997, and from
the implementation schedule of table H94-5 of this section for model
years 1994 and 1995. For small volume manufacturers, Tier 0 standards of
table H94-6 continue to apply until model year 1996 and Tier 0 standards
of table H94-3 continue to apply until model year 1998, when one hundred
percent compliance with the Tier 1 standards of tables H94-3, H94-4,
H94-6, and H94-7 is required. This exemption does not apply to small
volume engine families as defined in Sec.86.092-14 (b)(5).
(2)(i) For 1994 and 1995 model year light-duty vehicles, the engine
families which comprise the required implementation schedule percentage
of sales meeting Tier 1 standards for HCs, CO, and NOX, for
purposes of certification, shall be the same engine families which
comprise the required implementation schedule percentage of sales
meeting the interim in-use standards (labeled ``Tier 1I'' in
the tables of in-use standards) for in-use purposes.
(ii) For 1996 and 1997 model year light-duty vehicles the engine
families which comprise the required implementation schedule percentage
of sales meeting interim in-use standards (labeled ``Tier
1I'' in the tables of in-use standards) and final in-use
standards (labeled ``Tier 1'' in the tables of in-use standards)
respectively, for HCs, CO, and NOX, for in-use purposes,
shall be designated by the manufacturer at the time of Application for
Certification.
(iii) For 1994 and 1995 model year light-duty vehicles, the engine
families
[[Page 39]]
which comprise the required implementation schedule percentage of sales
meeting Tier 1 standards, for PM, for purposes of certification, shall
be the same engine families which comprise the required implementation
schedule percentage of sales meeting the final in-use standards (labeled
``Tier 1'' in the tables of in-use standards) for PM for in-use
purposes.
(3) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain the required
implementation schedule sales percentages for in-use purposes.
(4) A manufacturer cannot use one set of engine families to meet its
in-use intermediate useful life standards and another to meet its in-use
full useful life standards. The same families which are used to meet the
intermediate useful life standards will be required without deviation to
meet the corresponding full useful life standards.
(ii) Engine families participating in the particulate averaging
program as specified in Sec.86.094-8 (a)(1)(ii) shall be subject, for
purposes of in-use compliance, to the particulate family emission limit
determined for that engine family for certification purposes, in lieu of
the appropriate particulate standard shown in the tables of in-use
standards in this section.
(iii) CST emissions from model year 1996 and later gasoline-fueled
Otto-cycle light-duty vehicles measured and calculated in accordance
with subpart O of this part may not exceed the standards listed in
paragraphs (a)(1)(iii) (A) and (B) of this section.
(A) Hydrocarbons: 220 ppm as hexane.
(B) Carbon monoxide: 1.2 percent.
(2) The standards set forth in paragraph (a)(1)(i) of this section
refer to the exhaust emitted over a driving schedule as set forth in
subpart B of this part and measured and calculated in accordance with
those procedures. The test weight basis for light-duty vehicles, for the
purposes of determining equivalent test weight as prescribed in Sec.
86.129-94, shall be loaded vehicle weight.
(3) The standards set forth in paragraph (a)(1)(iii) of this section
refer to the exhaust emitted during the CST as set forth in subpart O of
this part and measured and calculated in accordance with those
provisions.
(b) The provisions of Sec.86.090-8(b) through (h) of subpart A of
this part apply to this section. The provisions of Sec.86.096-8(i)
through (k) of subpart A of this part apply to this section.
[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58
FR 33211, June 16, 1993; 58 FR 58424, Nov. 1, 1993; 59 FR 33913, July 1,
1994; 59 FR 48515, Sept. 21, 1994]
Sec.86.708-98 In-use emission standards for 1998 and later model year
light-duty vehicles.
Section 86.708-98 includes text that specifies requirements that
differ from Sec.86.090-8 of subpart A of this part. Where a paragraph
in Sec.86.090-8 is identical and applicable to Sec.86.708-98, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec.86.090-8.'' Where a
corresponding paragraph of Sec.86.090-8 is not applicable, this is
indicated by the statement ``[Reserved].''
(a)(1)(i) In-use exhaust emissions from 1998 and later model year
light-duty vehicles shall meet all standards in tables H98-1 and H98-2
in the rows designated with the applicable fuel type.
Table H98-1--Intermediate Useful Life \1\ Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Fuel THC NMHC THCE NMHCE CO NOX PM
----------------------------------------------------------------------------------------------------------------
Gasoline........................................... 0.41 0.25 ...... ........... 3.4 0.4 0.08
Diesel............................................. 0.41 0.25 ...... ........... 3.4 1.0 0.08
Methanol........................................... ...... ...... 0.41 0.25 3.4 0.4 0.08
Natural Gas........................................ ...... 0.25 ...... ........... 3.4 0.4 0.08
LPG................................................ 0.41 0.25 ...... ........... 3.4 0.4 0.08
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
[[Page 40]]
Table H98-2--Full Useful Life \1\ Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Fuel THC NMHC THCE NMHCE CO NOX PM
----------------------------------------------------------------------------------------------------------------
Gasoline........................................... ...... 0.31 ...... ........... 4.2 0.6 0.10
Diesel............................................. ...... 0.31 ...... ........... 4.2 1.25 0.10
Methanol........................................... ...... ...... ...... 0.31 4.2 0.6 0.10
Natural Gas........................................ ...... 0.31 ...... ........... 4.2 0.6 0.10
LPG................................................ ...... 0.31 ...... ........... 4.2 0.6 0.10
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement
testing will be done beyond 7 years or 75,000 miles, whichever first occurs.
(ii)(A) Vehicles subject to the standards of paragraph (a)(1)(i) of
this section shall be all actual U.S. sales of light-duty vehicles of
the applicable model year by a manufacturer.
(B) A manufacturer cannot use one set of engine families to meet its
in-use intermediate useful life standards and another to meet its in-use
full useful life standards. The same families which are used to meet the
intermediate useful life standards will be required without deviation to
meet the corresponding full useful life standards.
(iii) CST emissions from gasoline-fueled Otto-cycle light-duty
vehicles measured and calculated in accordance with subpart O of this
part may not exceed the standards listed in paragraphs (a)(1)(iii) (A)
and (B) of this section.
(A) Hydrocarbons: 220 ppm as hexane.
(B) Carbon monoxide: 1.2 percent.
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over a driving schedule as set forth in
subpart B of this part and measured and calculated in accordance with
those procedures. The test weight basis for light-duty vehicles, for the
purposes of determining equivalent test weight as prescribed in Sec.
86.129-94, shall be loaded vehicle weight.
(3) The standards set forth in paragraph (a)(1)(iii) of this section
refer to the exhaust emitted during the CST as set forth in subpart O of
this part and measured and calculated in accordance with those
provisions.
(b) The provisions of Sec.86.090-8 (b) through (h) of subpart A of
this part apply to this section. The provisions of Sec.86.096-8 (i)
through (j) of subpart A of this part apply to this section.
[56 FR 25781, June 5, 1991, as amended at 58 FR 58424, Nov. 1, 1993; 59
FR 33913, July 1, 1994; 59 FR 48516, Sept. 21, 1994]
Sec.86.709-94 In-use emission standards for 1994 and later model year
light-duty trucks.
Section 86.709-94 includes text that specifies requirements that
differ from Sec.86.091-9 of subpart A of this part. Where a paragraph
in Sec.86.091-9 is identical and applicable to Sec.86.709-94, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec.86.091-9.'' Where a
corresponding paragraph of Sec.86.091-9 is not applicable, this is
indicated by the statement ``[Reserved].''
(a)(1) Standards--(i) Light light-duty trucks. In-use exhaust
emissions from 1994 and later model year light light-duty trucks shall
meet all standards in tables H94-9 and H94-10 in the rows designated
with the applicable fuel type and loaded vehicle weight, according to
the implementation schedule in table H94-8, and shall meet all standards
in tables H94-12 and H94-13 in the rows designated with the applicable
fuel type and loaded vehicle weight, according to the implementation
schedules in table H94-11, as follows:
(A)(1)(i) For model year 1994 and 1995, a minimum of the respective
percentages shown in the Tier 1I column of table H94-8 of a
manufacturer's sales of the applicable model year's light light-duty
trucks shall not exceed the applicable Tier 1I standards in
tables H94-9 and H94-10. The remaining vehicles, if any, shall not
exceed the applicable Tier 0 standards in tables H94-9 and H94-10.
(ii) For model years 1996 and 1997, a minimum of the percentages
shown in the Tier 1 percentage column of table H94-8 of a manufacturer's
sales of the applicable model year's light light-duty trucks shall not
exceed the applicable Tier 1 standards in table H94-9 and H94-10, and
the remaining vehicles,
[[Page 41]]
if any, shall not exceed the applicable Tier 1I standards in
tables H94-9 and H94-10.
(iii) For model year 1998 and beyond, a minimum of the percentage
shown in the Tier 1 percentage column of table H94-8 of a manufacturer's
sales of the applicable model year's light light-duty trucks shall not
exceed the applicable Tier 1 standards in tables H94-9 and H94-10.
(2) Particulates. For in-use exhaust emissions for 1994 and later, a
minimum of the percentage shown in table H94-11 of a manufacturer's
sales of the applicable model year's light light-duty trucks shall not
exceed the applicable Tier 1 standards in tables H94-12 and H94-13. The
remaining light light-duty trucks, if any, shall not exceed the
applicable Tier 0 standards in tables H94-12 and H94-13.
(3) Optionally, compliance with the Tier 1I and Tier 1
implementation schedules of this section may be based on the combined
sales of light-duty vehicles and light light-duty trucks, if such option
was taken for certification as allowed in Sec.86.094-8 and Sec.
86.094-9 of subpart A of this part. Vehicles meeting Tier 1I
in-use standards shall only be combined for this purpose with other
vehicles meeting Tier 1I standards, and those meeting Tier 1
standards shall only be combined with those meeting the Tier 1
standards.
Table H94-8--Implementation Schedule for Light Light-Duty Trucks for
HCs, CO and NOX
------------------------------------------------------------------------
Tier 1I Tier 1
Model year percentage percentage
------------------------------------------------------------------------
1994.......................................... 40 0
1995.......................................... 80 0
1996.......................................... 60 40
1997.......................................... 20 80
1998.......................................... 0 100
------------------------------------------------------------------------
Table H94-9--Intermediate Useful Life \1\ Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel LVW (lbs) Standards THC NMHC THCE NMHCE CO NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline................................... 0-3750 Tier 0.................... 0.80 ......... ......... ......... 10 1.2
Gasoline................................... 0-3750 Tier 1.................... 0.80 0.32 ......... ......... 5.2 0.4
Gasoline................................... 0-3750 Tier 1.................... 0.80 0.25 ......... ......... 3.4 0.4
Gasoline................................... 3751-5750 Tier 0.................... 0.80 ......... ......... ......... 10 1.7
Gasoline................................... 3751-5750 Tier 11................... 0.80 0.41 ......... ......... 6.7 0.7
Gasoline................................... 3751-5750 Tier 1.................... 0.80 0.32 ......... ......... 4.4 0.7
Diesel..................................... 0-3750 Tier 0.................... 0.80 ......... ......... ......... 10 1.2
Diesel..................................... 0-3750 Tier 11................... 0.80 0.32 ......... ......... 5.2 1.2
Diesel..................................... 0-3750 Tier 1.................... 0.80 0.25 ......... ......... 3.4 1.0
Diesel..................................... 3751-5750 Tier 0.................... 0.80 ......... ......... ......... 10 1.7
Diesel..................................... 3751-5750 Tier 11................... 0.80 0.41 ......... ......... 6.7 1.7
Diesel..................................... 3751-5750 Tier 1.................... 0.80 0.32 ......... ......... 4.4 0.97
Methanol................................... 0-3750 Tier 0.................... ......... ......... 0.80 ......... 10 1.2
Methanol................................... 0-3750 Tier 11................... ......... ......... 0.80 0.32 5.2 0.4
Methanol................................... 0-3750 Tier 1.................... ......... ......... 0.80 0.25 3.4 0.4
Methanol................................... 3751-5750 Tier 0.................... ......... ......... 0.80 ......... 10 1.7
Methanol................................... 3751-5750 Tier 11................... ......... ......... 0.80 0.41 6.7 0.7
Methanol................................... 3751-5750 Tier 1.................... ......... ......... 0.80 0.32 4.4 0.7
Natural Gas................................ 0-3750 Tier 0.................... ......... 0.67 ......... ......... 10 1.2
Natural Gas................................ 0-3750 Tier 11................... ......... 0.32 ......... ......... 5.2 0.4
Natural Gas................................ 0-3750 Tier 1.................... ......... 0.25 ......... ......... 3.4 0.4
Natural Gas................................ 3751-5750 Tier 0.................... ......... 0.67 ......... ......... 10 1.7
Natural Gas................................ 3751-5750 Tier 11................... ......... 0.41 ......... ......... 6.7 0.7
Natural Gas................................ 3751-5750 Tier 1.................... ......... 0.32 ......... ......... 4.4 0.7
LPG........................................ 0-3750 Tier 0.................... 0.80 ......... ......... 10 1.2
LPG........................................ 0-3750 Tier 11................... 0.80 0.32 ......... ......... 5.2 0.4
LPG........................................ 0-3750 Tier 1.................... 0.80 0.25 ......... ......... 3.4 0.4
LPG........................................ 3751-5750 Tier 0.................... 0.80 ......... ......... 10 1.7
LPG........................................ 3751-5750 Tier 11................... 0.80 0.41 ......... 6.7 0.7
LPG........................................ 3751-5750 Tier 1.................... 0.80 0.32 ......... ......... 4.4 0.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
[[Page 42]]
Table H94-10--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel LVW (lbs) Standards THC\2\ NMHC\1\ THCE\2\ NMHCE\1\ CO\1\ NOX\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline................................... 0-3750 Tier 0.................... 0.80 ......... ......... ......... 10 1.2
Gasoline................................... 0-3750 Tier 1.................... 0.80 0.31 ......... ......... 4.2 0.60
Gasoline................................... 3751-5750 Tier 0.................... 0.80 ......... ......... ......... 10 1.7
Gasoline................................... 3751-5750 Tier 1.................... 0.80 0.40 ......... ......... 5.5 0.97
Diesel..................................... 0-3750 Tier 0.................... 0.80 ......... ......... ......... 10 1.2
Diesel..................................... 0-3750 Tier 1.................... 0.80 0.31 ......... ......... 4.2 1.25
Diesel..................................... 3751-5750 Tier 0.................... 0.80 ......... ......... ......... 10 1.7
Diesel..................................... 3751-5750 Tier 1.................... 0.80 0.40 ......... ......... 5.5 0.97
Methanol................................... 0-3750 Tier 0.................... ......... ......... 0.80 ......... 10 1.2
Methanol................................... 0-3750 Tier 1.................... ......... ......... 0.80 0.31 4.2 0.60
Methanol................................... 3751-5750 Tier 0.................... ......... ......... 0.80 ......... 10 1.7
Methanol................................... 3751-5750 Tier 1.................... ......... ......... 0.80 0.40 5.5 0.97
Natural Gas................................ 0-3750 Tier 0.................... 2.93 0.67 ......... ......... 10 1.2
Natural Gas................................ 0-3750 Tier 1.................... 2.93 0.31 ......... ......... 4.2 0.60
Natural Gas................................ 3751-5750 Tier 0.................... 2.93 0.67 ......... ......... 10 1.7
Natural Gas................................ 3751-5750 Tier 1.................... 2.93 0.40 ......... ......... 5.5 0.97
LPG........................................ 0-3750 Tier 0.................... 0.80 ......... ......... ......... 10 1.2
LPG........................................ 0-3750 Tier 1.................... 0.80 0.31 ......... ......... 4.2 0.60
LPG........................................ 3751-5750 Tier 0.................... 0.80 ......... ......... ......... 10 1.7
LPG........................................ 3751-5750 Tier 1.................... 0.08 0.40 ......... ......... 5.5 0.97
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, which ever first occurs, except that no enforcement testing will be done beyond 7 years or
75,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.
Table H94-11--Implementation Schedule for Light Light-Duty Trucks for PM
------------------------------------------------------------------------
Tier 1
Model year percentage
------------------------------------------------------------------------
1994....................................................... 0%
1995....................................................... 40%
1996....................................................... 80%
after 1996................................................. 100%
------------------------------------------------------------------------
Table H94-12--Intermediate Useful Life \1\ Standards (g/mi) for Light
Light-Duty Trucks for PM
------------------------------------------------------------------------
Fuel LVW (lbs) Standards PM
------------------------------------------------------------------------
Gasoline...................... 0-3750 Tier 0......... .........
Gasoline...................... 0-3750 Tier 1......... 0.08
Gasoline...................... 3751-5750 Tier 0......... .........
Gasoline...................... 3751-5750 Tier 1......... 0.08
Diesel........................ 0-3750 Tier 0......... 0.26
Diesel........................ 0-3750 Tier 1......... 0.08
Diesel........................ 3751-5750 Tier 0......... 0.13
Diesel........................ 3751-5750 Tier 1......... 0.08
Methanol...................... 0-3750 Tier 0......... .........
Methanol...................... 0-3750 Tier 1......... 0.08
Methanol...................... 3751-5750 Tier 0......... .........
Methanol...................... 3751-5750 Tier 1......... 0.08
Natural Gas................... 0-3750 Tier 0......... \2\ 0.26
Natural Gas................... 0-3750 Tier 1......... 0.08
Natural Gas................... 3751-5750 Tier 0......... \2\ 0.13
Natural Gas................... 3751-5750 Tier 1......... 0.08
LPG........................... 0-3750 Tier 0......... \2\ 0.26
LPG........................... 0-3750 Tier 1......... 0.08
LPG........................... 3751-5750 Tier 0......... \2\ 0.13
LPG........................... 3751-5750 Tier 1......... 0.08
------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever
first occurs.
\2\ Applicable only to diesel-cycle vehicles.
Table H94-13--Full Useful Life \1\ Standards (g/mi) for Light Light-Duty
Trucks for PM
------------------------------------------------------------------------
Fuel LVW (lbs) Standards PM
------------------------------------------------------------------------
Gasoline...................... 0-3750 Tier 0........ ..........
Gasoline...................... 0-3750 Tier 1........ 0.10
Gasoline...................... 3751-5750 Tier 0........ ..........
[[Page 43]]
Gasoline...................... 3751-5750 Tier 1........ 0.10
Diesel........................ 0-3750 Tier 0........ 0.26
Diesel........................ 0-3750 Tier 1........ 0.10
Diesel........................ 3751-5750 Tier 0........ 0.13
Diesel........................ 3751-5750 Tier 1........ 0.10
Methanol...................... 0-3750 Tier 0........ ..........
Methanol...................... 0-3750 Tier 1........ 0.10
Methanol...................... 3751-5750 Tier 0........ ..........
Methanol...................... 3751-5750 Tier 1........ 0.10
Natural Gas................... 0-3750 Tier 0........ \2\ 0.26
Natural Gas................... 0-3750 Tier 1........ 0.10
Natural Gas................... 3751-5750 Tier 0........ \2\ 0.13
Natural Gas................... 3751-5750 Tier 1........ 0.10
LPG........................... 0-3750 Tier 0........ \2\ 0.26
LPG........................... 0-3750 Tier 1........ 0.10
LPG........................... 3751-5750 Tier 0........ \2\ 0.13
LPG........................... 3751-5750 Tier 1........ 0.10
------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever
first occurs, except that no enforcement testing will be done beyond 7
years or 75,000 miles, whichever first occurs.
\2\ Applicable only to diesel-cycle vehicles.
(B)(1)(i) Sales percentages for the purposes of determining
compliance with paragraph (a)(1)(i)(A) of this section shall be based on
total actual U.S. sales of light-duty vehicles of the applicable model
year by a manufacturer to a dealer, distributor, fleet operator, broker,
or any other entity which comprises the point of first sale. If the
option of paragraph (a)(1)(i)(A)(3) is taken, such sales percentages
shall be based on the total actual combined U.S. sales of light-duty
vehicles and light light-duty trucks of the applicable model year by a
manufacturer to a dealer, distributor, fleet operator, broker, or any
other entity which comprises the point of first sale.
(ii) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sale to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of tables H94-8 and H94-11 of this section. Such
petition shall be submitted within 30 days of the end of the model year
to the Manufacturers Operations Division. For the petition to be
granted, the manufacturer must establish to the satisfaction of the
Administrator that actual production volume is functionally equivalent
to actual sales volume.
(iii) The vehicles that are counted toward the implementation
schedule sales percentage, or toward the total on which such percentage
is based, for certification purposes as prescribed by Sec.86.094-
9(a)(1)(i)(B)(1)(iii) of subpart A of this part, shall be the same
vehicles that are counted toward the implementation schedule sales
percentage, or the total on which it is based, for in-use purposes.
(iv) Small volume manufacturers, as defined in Sec.86.092-14(b)
(1) and (2), are exempt from the implementation schedules of table H94-8
of this section for model years 1994 through 1997 and from the
implementation schedules of table H94-11 of this section for model years
1995 and 1996. For small volume manufacturers, Tier 0 standards of
tables H94-9 and H94-10 continue to apply until model year 1998 and the
Tier 0 standards of tables H94-12 and H94-13 continue to apply until
model year 1997, when one hundred percent compliance with the Tier 1
standards of such tables is required. This exemption does not apply to
small volume engine families as defined in Sec.86.092-14 (b)(5).
(2)(i) For 1994 and 1995 model year light light-duty trucks, the
engine families which comprise the required implementation schedule
percentage of sales meeting Tier 1 standards for HCs, CO, and
NOX, for purposes of certification, shall be the same engine
families which comprise the required implementation schedule percentage
of sales meeting the interim in-use standards
[[Page 44]]
(labeled ``Tier 1I'' in the tables of in-use standards) for
in-use purposes.
(ii) For 1996 and 1997 model year light light-duty trucks, the
engine families which comprise the required implementation schedule
percentage of sales meeting interim in-use standards (labeled ``Tier
1I'' in the tables of in-use standards) and final in-use
standards (labeled ``Tier 1'' in the tables of in-use standards)
respectively, for HCs, CO, and NOX, for in-use purposes,
shall be designated by the manufacturer at the time of certification.
(iii) For 1995 and 1996 model year light light-duty trucks, the
engine families which comprise the required implementation schedule
percentage of sales meeting Tier 1 standards, for PM, for purposes of
certification, shall be the same engine families which comprise the
required implementation schedule percentage of sales meeting the final
in-use standards (labeled ``Tier 1'' in the tables of in-use standards)
for PM for in-use purposes.
(3) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain the required
implementation schedule sales percentages for in-use purposes.
(4) A manufacturer can not use one set of engine families to meet
its in-use intermediate useful life standards and another to meet its
in-use full useful life standards. The same families which are used to
meet the intermediate useful life standards will be required without
deviation to meet the corresponding full useful life standards.
(ii) Heavy light-duty trucks. In-use exhaust emissions from 1994 and
later model year heavy light-duty trucks shall meet all standards in
tables H94-15 and H94-16 in the rows designated with the applicable fuel
type and loaded vehicle weight or adjusted loaded vehicle weight, as
applicable, according to the implementation schedule in table H94-14,
and shall meet all standards in tables H94-18 and H94-19 in the rows
designated with the applicable fuel type and loaded vehicle weight or
adjusted loaded vehicle weight, as applicable, according to the
implementation schedules in table H94-17, as follows:
(A)(1)(i) For model years 1994 through 1997, a minimum of the
percentage shown in the Tier 1I column of table H94-14 of a
manufacturer's sales of the applicable model year's heavy light-duty
trucks shall not exceed the applicable Tier 1I standards in
tables H94-15 and H94-16. The remaining vehicles, if any, shall not
exceed the applicable Tier 0 standards in tables H94-15 and H94-16.
(ii) For model year 1998, a minimum of the percentage shown in table
H94-14 of a manufacturer's sales of the applicable model year's heavy
light-duty trucks shall not exceed the applicable Tier 1 standards in
tables H94-15 and H94-16. The remaining vehicles shall not exceed the
applicable Tier 1I standards in tables H94-15 and H94-16.
(iii) For model years 1999 and later, a minimum of the percentage
shown in table H94-14 of a manufacturer's sales of the applicable model
year's heavy light-duty trucks shall not exceed the applicable Tier 1
standards in tables H94-15 and H94-16.
(2) Particulates. For in-use exhaust emissions for model year 1994
and later, a minimum of the percentage shown in table H94-17 of a
manufacturer's sales of the applicable model year's heavy light-duty
trucks shall not exceed the applicable Tier 1 standards in tables H94-18
and H94-19. The remaining heavy light-duty trucks, if any, shall not
exceed the applicable Tier 0 standards in tables H94-18 and H94-19.
Table H94-14--Implementation Schedule for Heavy Light-Duty Trucks for
HCs, CO and NOX
------------------------------------------------------------------------
Tier 1I Tier 1
Model year percentage percentage
------------------------------------------------------------------------
1994.......................................... 0% 0%
1995.......................................... 0% 0%
1996.......................................... 50% 0%
1997.......................................... 100% 0%
1998.......................................... 50% 50%
[[Page 45]]
after 1998.................................... 0% 100%
------------------------------------------------------------------------
Table H94-15--Intermediate Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
ALVW
Fuel LVW (lbs) (lbs) Standards THC NMHC THCE NMHCE CO NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline................................... 0-3750 ......... Tier 0................... 0.80 ......... ......... ......... 10 1.2
Gasoline................................... ......... Tier 0................... 0.80 ......... ......... ......... 10 1.7
3750
Gasoline................................... ........... 3751-5750 Tier 1I.................. 0.80 0.40 ......... ......... 5.5 0.88
Gasoline................................... ........... 3751-5750 Tier 1................... 0.80 0.32 ......... ......... 4.4 0.7
Gasoline................................... ........... ......... Tier 0................... 0.80 ......... ......... ......... 10 1.7
3750
Diesel..................................... 0-3750 3751-5750 Tier 1I.................. 0.80 0.40 ......... ......... 5.5 1.2
Diesel..................................... 3751-5750 Tier 1I.................. 0.80 0.40 ......... ......... 5.5 1.7
3750
Diesel..................................... ........... 3751-5750 Tier 1................... 0.80 0.32 ......... ......... 4.4 0.98
Diesel..................................... 0-3750 ......... Tier 0................... 0.80 ......... ......... ......... 10 1.7
3750
Methanol................................... ........... 3751-5750 Tier 1I.................. ......... ......... 0.80 0.40 5.5 0.88
Methanol................................... ........... 3751-5750 Tier 1................... ......... ......... 0.80 0.32 4.4 0.7
Methanol................................... ........... ......... Tier 0................... ......... 0.67 ......... ......... 10 1.7
3750
Natural Gas................................ ........... 3751-5750 Tier 1I.................. ......... 0.40 ......... ......... 5.5 0.88
Natural Gas................................ ........... 3751-5750 Tier 1................... ......... 0.32 ......... ......... 4.4 0.7
Natural Gas................................ ........... ......... Tier 0................... 0.80 ......... ......... ......... 10 1.7
3750
LPG........................................ ........... 3751-5750 Tier 1I.................. 0.80 0.40 ......... ......... 5.5 0.88
LPG........................................ ........... 3751-5750 Tier 1................... 0.80 0.32 ......... ......... 4.4 0.7
LPG........................................ ........... ......... Tier 0.................. 0.80 ......... ......... ......... 10 1.7
3750
Gasoline................................... ........... 3751-5750 Tier 1.................. 0.80 0.46 ......... ......... 6.4 0.98
Gasoline................................... ........... ......... Tier 0.................. 0.80 ......... ......... ......... 10 1.7
3750
Diesel..................................... ........... 3751-5750 Tier 1.................. 0.80 0.46 ......... ......... 6.4 0.98
[[Page 46]]
Diesel..................................... ........... ......... Tier 0.................. ......... ......... 0.80 ......... 10 1.7
3750
Methanol................................... ........... 3751-5750 Tier 1.................. ......... ......... 0.80 0.46 6.4 0.98
Methanol................................... ........... ......... Tier 0.................. ......... 0.67 ......... ......... 10 1.7
3750
Natural Gas................................ ........... 3751-5750 Tier 1.................. ......... 0.46 ......... ......... 6.4 0.98
Natural Gas................................ ........... ......... Tier 0.................. 0.80 ......... ......... ......... 10 1.7
3750
LPG........................................ ........... 3751-5750 Tier 1.................. 0.80 0.46 ......... ......... 6.4 0.98
LPG........................................ ........... ........... Tier 0....................... .........
3750
Gasoline.................................... ........... 3751-5750 Tier 1....................... 0.10
Gasoline.................................... ........... Tier 1....................... 0.12
5750
Diesel...................................... 0-3750 ........... Tier 0....................... 0.26
Diesel...................................... ........... Tier 0....................... 0.13
3750
Diesel...................................... ........... 3751-5750 Tier 1....................... 0.10
Diesel...................................... ........... Tier 1....................... 0.12
5750
Methanol.................................... 0-3750 ........... Tier 0....................... .........
Methanol.................................... ........... Tier 0....................... .........
3750
Methanol.................................... ........... 3751-5750 Tier 1....................... 0.10
Methanol.................................... ........... Tier 1....................... 0.12
5750
Natural Gas................................. 0-3750 ........... Tier 0....................... \2\ 0.26
Natural Gas................................. ........... Tier 0....................... \2\ 0.13
3750
Natural Gas................................. ........... 3751-5750 Tier 1....................... 0.10
Natural Gas................................. ........... Tier 1....................... 0.12
5750
LPG......................................... 0-3750 ........... Tier 0....................... \2\ 0.26
LPG......................................... ........... Tier 0....................... \2\ 0.13
3750
LPG......................................... ........... 3751-5750 Tier 1....................... 0.10
LPG......................................... ........... Tier 1....................... 0.12
5750
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
\2\ Applicable only to diesel-cycle vehicles.
Table H94-19--Full Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks for PM
----------------------------------------------------------------------------------------------------------------
Fuel LVW (lbs) ALVW (lbs) Standards PM
----------------------------------------------------------------------------------------------------------------
Gasoline.................................... 0-3750 ........... Tier 0....................... .........
Gasoline.................................... ........... Tier 0....................... .........
3750
Gasoline.................................... ........... 3751-5750 Tier 1....................... 0.10
Gasoline.................................... ........... Tier 1....................... 0.12
5750
Diesel...................................... 0-3750 ........... Tier 0....................... 0.26
Diesel...................................... ........... Tier 0....................... 0.13
3750
[[Page 47]]
Diesel...................................... ........... 3751-5750 Tier 1....................... 0.10
Diesel...................................... ........... Tier 1....................... 0.12
5750
Methanol.................................... 0-3750 ........... Tier 0....................... .........
Methanol.................................... ........... Tier 0....................... .........
3750
Methanol.................................... ........... 3751-5750 Tier 1....................... 0.10
Methanol.................................... ........... Tier 1....................... 0.12
5750
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs, except that no enforcement
testing will be done beyond 7 years or 90,000 miles, whichever first occurs.
(B)(1)(i) Sales percentages for the purposes of determining
compliance with paragraph (a)(1)(ii)(A) of this section shall be based
on total actual U.S. sales of light-duty vehicles of the applicable
model year by a manufacturer to a dealer, distributor, fleet operator,
broker, or any other entity which comprises the point of first sale.
(ii) The manufacturer may petition the Administrator to allow actual
volume produced for U.S. sales to be used in lieu of actual U.S. sales
for purposes of determining compliance with the implementation schedule
sales percentages of tables H94-14 and H94-17 of this section. Such
petition shall be submitted within 30 days of the end of the model year
to the Manufacturers Operations Division. For the petition to be
granted, the manufacturer must establish to the satisfaction of the
Administrator that actual production volume is functionally equivalent
to actual sales volume.
(iii) The vehicles that are counted toward the implementation
schedule sales percentage, or toward the total on which such percentage
is based, for certification purposes as prescribed by Sec.86.094-
9(a)(1)(ii)(B)(1)(iii) of subpart A of this part, shall be the same
vehicles that are counted toward the implementation schedule sales
percentage, or the total on which it is based, for in-use purposes.
(iv) Small volume manufacturers, as defined in Sec.86.092-14(b)
(1) and (2), are exempt from the implementation schedules of tables H94-
14 of this section for model years 1996 through 1998 and from the
implementation schedules of table H94-17 of this section for model year
1996. For small volume manufacturers, Tier 0 standards of tables H94-15
and H94-16 continue to apply until model year 1999 and the Tier 0
standards of tables H94-18 and H94-19 continue to apply until model year
1997, when one hundred percent compliance with the Tier 1 standards of
such tables is required. This exemption does not apply to small volume
engine families as defined in Sec.86.092-14(b)(5).
(2)(i) For 1996 and 1997 model year heavy light-duty trucks, the
engine families which comprise the required implementation schedule
percentage of sales meeting Tier 1 standards for HCs, CO, and
NOX, for purposes of certification, shall be the same engine
families which comprise the required implementation schedule percentage
of sales meeting the interim in-use standards (labeled ``Tier
1I'' in the tables of in-use standards) for in-use purposes.
(ii) For 1998 model year heavy light-duty trucks the engine families
which comprise the required implementation schedule percentage of sales
meeting interim in-use standards (labeled ``Tier 1I'' in the
tables of in-use standards) and final in-use standards (labeled ``Tier
1'' in the tables of in-use standards) for HCs, CO, and NOX,
for in-use purposes, shall be designated by the manufacturer at the time
of certification.
(iii) For 1996 model year heavy light-duty trucks, the engine
families which comprise the required implementation schedule percentage
of sales meeting Tier 1 standards, for PM, for purposes of
certification, shall be the same engine families which comprise the
required implementation schedule percentage of sales meeting the final
in-use standards (labeled ``Tier 1'' in the tables of in-use standards)
for PM for in-use purposes.
[[Page 48]]
(3) The manufacturer must state at the time of Application for
Certification, based on projected U.S. sales or projected production for
U.S. sale, which families will be used to attain the required
implementation schedule sales percentages.
(4) A manufacturer can not use one set of engine families to meet
its in-use intermediate useful life standards and another to meet its
in-use full useful life standards. The same families which are used to
meet the intermediate useful life standards will be required without
deviation to meet the corresponding full useful life standards.
(iii) Exhaust emissions of carbon monoxide from 1994 and later model
year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow
at curb idle at a useful life of 11 years or 120,000 miles, whichever
first occurs (for Otto-cycle and methanol-fueled diesel-cycle light-duty
trucks only).
(iv)(A) Engine families participating in the applicable
NOX averaging program as specified in Sec.86.094-
9(a)(1)(iv)(A) shall be subject, for purposes of in-use compliance, to
the NOX family emission limit determined for that engine
family for certification purposes, in lieu of the appropriate
NOX standard shown in the tables of in-use standards in this
section.
(B) Engine families participating in the applicable particulate
averaging program as specified in Sec.86.094-9(a)(1)(iv)(B) shall be
subject, for purposes of in-use compliance, to the particulate family
emission limit determined for that engine family for certification
purposes, in lieu of the appropriate particulate standard shown in the
tables of in-use standards in this section.
(v) CST emissions from model year 1996 and later gasoline-fueled
Otto-cycle light-duty trucks measured and calculated in accordance with
subpart O of this part may not exceed the standards listed in paragraphs
(a)(1)(v) (A) and (B) of this section.
(A) Hydrocarbons: 220 ppm as hexane.
(B) Carbon monoxide: 1.2 percent.
(2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii)
of this section refer to the exhaust emitted over a driving schedule as
set forth in subpart B of this part and measured and calculated in
accordance with those procedures. The test weight basis for light light-
duty trucks, and for heavy light-duty trucks certified to the Tier 0
standards of this section, for the purposes of determining equivalent
test weight as prescribed in Sec.86.129-94, shall be loaded vehicle
weight. The test weight basis for heavy light-duty trucks certified to
the Tier 1 or Tier 1I standards of this section, for the
purposes of determining equivalent test weight as prescribed in Sec.
86.129-94, shall be adjusted loaded vehicle weight. The standard set
forth in paragraph (a)(1)(iii) of this section refers to the exhaust
emitted at curb idle and measured and calculated in accordance with the
procedures set forth in subpart P of this part.
(3) The standards set forth in paragraph (a)(1)(v) of this section
refer to the exhaust emitted during the CST as set forth in subpart O of
this part and measured and calculated in accordance with those
provisions.
(b) The provision of Sec.86.090-8(b) through (k) of subpart A of
this part apply to this section.
[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58
FR 33211, June 16, 1993; 58 FR 58424, Nov. 1, 1993; 59 FR 48516, Sept.
21, 1994]
Sec.86.709-99 In-use emission standards for 1999 and later model year
light-duty trucks.
Section 86.709-99 includes text that specifies requirements that
differ from Sec.86.091-9 of subpart A of this part. Where a paragraph
in Sec.86.091-9 is identical and applicable to Sec.86.709-99, this
may be indicated by specifying the corresponding paragraph and the
statement ``[Reserved]. For guidance see Sec.86.091-9.'' Where a
corresponding paragraph of Sec.86.091-9 is not applicable, this is
indicated by the statement ``[Reserved].''
(a)(1)(i)(A) Light light-duty trucks. In-use exhaust emissions from
1999 and later model year light light-duty trucks shall meet all
standards in tables H99-1 and H99-2 in the rows designated with the
applicable fuel type and loaded vehicle weight.
[[Page 49]]
Table H99-1--Intermediate Useful Life \1\ Standards (g/mi) for Light Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel LVW (lbs) THC NMHC THCE NMHCE CO NOX PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline.................................................... 0-3750 ......... 0.25 ......... ......... 3.4 0.4 0.08
Gasoline.................................................... 3751-5750 ......... 0.32 ......... ......... 4.4 0.7 0.08
Diesel...................................................... 0-3750 ......... 0.25 ......... ......... 3.4 1.0 0.08
Diesel...................................................... 3751-5750 ......... 0.32 ......... ......... 4.4 0.97 0.08
Methanol.................................................... 0-3750 ......... ......... ......... 0.25 3.4 0.4 0.08
Methanol.................................................... 3751-5750 ......... ......... ......... 0.32 4.4 0.7 0.08
Natural Gas................................................. 0-3750 ......... 0.25 ......... ......... 3.4 0.4 0.08
Natural Gas................................................. 3751-5750 ......... 0.32 ......... ......... 4.4 0.7 0.08
LPG......................................................... 0-3750 ......... 0.25 ......... ......... 3.4 0.4 0.08
LPG......................................................... 3751-5750 ......... 0.32 ......... ......... 4.4 0.7 0.08
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
Table H99-2--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel LVW (lbs) THC \2\ NMHC \1\ THCE \2\ NMHCE \1\ CO \1\ NOX\1\ PM \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline.................................................... 0-3750 0.80 0.31 ......... ......... 4.2 0.6 0.10
Gasoline.................................................... 3751-5750 0.80 0.40 ......... ......... 5.5 0.97 0.10
Diesel...................................................... 0-3750 0.80 0.31 ......... ......... 4.2 1.25 0.10
Diesel...................................................... 3751-5750 0.80 0.40 ......... ......... 5.5 0.97 0.10
Methanol.................................................... 0-3750 ......... ......... 0.80 0.31 4.2 0.6 0.10
Methanol.................................................... 3751-5750 ......... ......... 0.80 0.40 5.5 0.97 0.10
Natural Gas................................................. 0-3750 ......... 0.31 ......... ......... 4.2 0.6 0.10
Natural Gas................................................. 3751-5750 ......... 0.40 ......... ......... 5.5 0.97 0.10
LPG......................................................... 0-3750 0.80 0.31 ......... ......... 4.2 0.6 0.10
LPG......................................................... 3751-5750 0.80 0.40 ......... ......... 5.5 0.97 0.10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 yeras or 100,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or
75,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.
(B)(1) Vehicles subject to the standards of paragraph (a)(1)(i)(A)
of this section shall be all actual U.S. sales of light light-duty
trucks of the applicable model year by a manufacturer.
(2) A manufacturer can not use one set of engine families to meet
its in-use intermediate useful life standards and another to meet its
in-use full useful life standards. The same families which are used to
meet the intermediate useful life standards will be required without
deviation to meet the corresponding full useful life standards.
(ii)(A) Heavy light-duty trucks. In-use exhaust emissions from 1999
and later model year heavy light-duty trucks shall meet all standards in
tables H99-3 and H99-4 in the rows designated with the applicable fuel
type and adjusted loaded vehicle weight.
Table H99-3--Intermediate Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel ALVW (lbs) THC NMHC THCE NMHCE CO NOX PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................................... 3751-5750 0.80 0.32 ......... ......... 4.4 0.7 0.10
Gasoline...................................................... 0.80 0.39 ......... ......... 5.0 1.1 0.12
5750
Diesel........................................................ 3751-5750 0.80 0.32 ......... ......... 4.4 0.98 0.10
Diesel........................................................ 0.80 0.39 ......... ......... 5.0 1.53 0.12
5750
Methanol...................................................... 3751-5750 ......... ......... 0.80 0.32 4.4 0.7 0.10
Methanol...................................................... ......... ......... 0.80 0.39 5.0 1.1 0.12
5750
Natural Gas................................................... 3751-5750 ......... 0.32 ......... ......... 4.4 0.7 0.10
Natural Gas................................................... ......... 0.39 ......... ......... 5.0 1.1 0.12
5750
LPG........................................................... 3751-5750 0.80 0.32 ......... ......... 4.4 0.7 0.10
LPG........................................................... 0.80 0.39 ......... ......... 5.0 1.1 0.12
5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
Table H99-4--Full Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fuel ALVW (lbs) THC \2\ NMHC \1\ THCE \2\ NMHCE \1\ CO \1\ NOX\1\ PM \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................................... 3751-5750 0.80 0.46 ......... ......... 6.4 0.98 0.10
Gasoline...................................................... 0.80 0.56 ......... ......... 7.3 1.53 0.12
5750
Diesel........................................................ 3751-5750 0.80 0.46 ......... ......... 6.4 0.98 0.10
[[Page 50]]
Diesel........................................................ 0.80 0.56 ......... ......... 7.3 1.53 0.12
5750
Methanol...................................................... 3751-5750 ......... ......... 0.80 0.46 6.4 0.98 0.10
Methanol...................................................... ......... ......... 0.80 0.56 7.3 1.53 0.12
5750
Natural Gas................................................... 3751-5750 ......... 0.46 ......... ......... 6.4 0.98 0.10
Natural Gas................................................... ......... 0.56 ......... ......... 7.3 1.53 0.12
5750
LPG........................................................... 3751-5750 0.80 0.46 ......... ......... 6.4 0.98 0.10
LPG........................................................... 0.80 0.56 ......... ......... 7.3 1.53 0.12
5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or
90,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.
(B)(1) Vehicles subject to the standards of paragraph (a)(1)(ii)(A)
of this section shall be all actual U.S. sales of heavy light-duty
trucks of the applicable model year by a manufacturer.
(2) A manufacturer can not use one set of engine families to meet
its in-use intermediate useful life standards and another to meet its
in-use full useful life standards. The same families which are used to
meet the intermediate useful life standards will be required without
deviation to meet the corresponding full useful life standards.
(iii) Exhaust emissions of carbon monoxide from 1999 and later model
year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow
at curb idle at a useful life of 11 years or 120,000 miles, whichever
first occurs (for Otto-cycle and methanol-fueled diesel-cycle light-duty
trucks only)
(iv) CST emissions from gasoline-fueled Otto-cycle light-duty trucks
measured and calculated in accordance with subpart O of this part may
not exceed the standards listed in paragraphs (a)(1)(iv) (A) and (B) of
this section.
(A) Hydrocarbons: 220 ppm as hexane.
(B) Carbon monoxide: 1.2 percent.
(2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii)
of this section refer to the exhaust emitted over a driving schedule as
set forth in subpart B of this part and measured and calculated in
accordance with those procedures. The test weight basis for light light-
duty trucks, for the purposes of determining equivalent test weight as
prescribed in Sec.86.129-94, shall be loaded vehicle weight. The test
weight basis for heavy light-duty trucks, for the purposes of
determining equivalent test weight as prescribed in Sec.86.129-94,
shall be adjusted loaded vehicle weight. The standard set forth in
paragraph (a)(1)(iii) of this section refers to the exhaust emitted at
curb idle and measured and calculated in accordance with the procedures
set forth in subpart P of this part.
(3) The standards set forth in paragraph (a)(1)(iv) of this section
refer to the exhaust emitted during the CST as set forth in subpart O of
this part and measured and calculated in accordance with those
provisions.
(b) The provisions of Sec.86.097-9(b), (c), and (g) through (k) of
subpart A of this part apply to this section.
[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58
FR 58425, Nov. 1, 1993; 59 FR 48520, Sept. 21, 1994]
Subpart I_Emission Regulations for New Diesel Heavy-Duty Engines; Smoke
Exhaust Test Procedure
Authority: Secs. 202, 206, 207, 208, 301(a), Clean Air Act; as
amended 42 U.S.C. 7521, 7524, 7541, 7542, and 7601.
Source: 48 FR 52203, Nov. 16, 1983, unless otherwise noted.
Sec.86.884-1 General applicability.
The provisions of this subpart are applicable to new petroleum-
fueled diesel heavy-duty engines beginning with the 1984 model year,
methanol-fueled diesel heavy-duty engines beginning with the 1990 model
year and natural gas-fueled and liquefied petroleum gas-fueled diesel
heavy-duty engines beginning with the 1997 model year. The provisions of
this subpart are optional prior to the 1997 model year for natural gas-
fueled
[[Page 51]]
and liquefied petroleum gas-fueled diesel heavy-duty engines.
[59 FR 48521, Sept. 21, 1994]
Sec.86.884-2 Definitions.
The definitions in Sec.86.084-2 apply to this subpart.
Sec.86.884-3 Abbreviations.
The abbreviations in Sec.86.078-3 apply to this subpart.
Sec.86.884-4 Section numbering.
The section numbering system set forth in Sec.86.084-4 applies to
this subpart.
[48 FR 52203, Nov. 16, 1983, as amended at 59 FR 48521, Sept. 21, 1994]
Sec.86.884-5 Test procedures.
The procedures described in this and subsequent sections will be the
test program to determine the conformity of engines with the standards
set forth in Sec.86.084-11(b).
(a) The test consists of a prescribed sequence of engine operating
conditions on an engine dynamometer with continuous examination of the
exhaust gases. The test is applicable equally to controlled engines
equipped with means for preventing, controlling, or eliminating smoke
emissions and to uncontrolled engines.
(b) The test is designed to determine the opacity of smoke in
exhaust emissions during those engine operating conditions which tend to
promote smoke from diesel vehicles.
(c) The test procedure begins with a preconditioned engine which is
then run through preloading and preconditioning operations. After an
idling period, the engine is operated through acceleration and lugging
modes during which smoke emission measurements are made to compare with
the standards. The engine is then returned to the idle condition and the
acceleration and lugging modes are repeated. Three consecutive sequences
of acceleration and lugging constitutes the full set of operating
conditions for smoke emission measurement.
(d)(1) Except in cases of component mulfunction or failure, all
emission control systems installed on, or incorporated in, a new motor
vehicle engine shall be functioning during all procedures in this
subpart.
(2) Maintenance to correct component malfunction or failure shall be
authorized in accordance with Sec.86.084-25.
[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48140, Dec. 10, 1984;
54 FR 14559, Apr. 11, 1989]
Sec.86.884-6 Fuel specifications.
The requirements of this section are set forth in Sec.86.1313.
[54 FR 14559, Apr. 11, 1989]
Sec.86.884-7 Dynamometer operation cycle for smoke emission tests.
(a) The following sequence of operations shall be performed during
engine dynamometer testing of smoke emissions, starting with the
dynamometer preloading determined and the engine preconditioned (Sec.
86.884-12(c)).
(1) Idle Mode. The engine is caused to idle for 5.0 to 5.5 minutes
at the manufacturer's recommended curb idle speed. The dynamometer
controls shall be set to provide the speed and load necessary to comply
with the heavy-duty ``curb idle'' definition per Sec.86.084-2, in
accordance with predominant engine application.
(2) Acceleration mode. (i) The engine speed shall be increased to
200 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 Sec.86.884-13(c).
[[Page 52]]
(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 21.5 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 355 seconds. The rate of
slowing of the engine shall be linear, within 100 rpm, as specified in
Sec.86.884-13(c).
(4) Engine unloading. Within five seconds of completing the
preceding lugging mode, the dynamometer and engine controls shall be
returned to the idle position described in paragraph (a)(1) of this
section. The engine must be at free idle condition within one minute
after completion of the lugging mode.
(b) The procedures described in paragraphs (a)(1) through (a)(4) of
this section shall be repeated until three consecutive valid cycles have
been completed. If three valid cycles have not been completed after a
total of six consecutive cycles have been run, the engine shall be
preconditioned by operation at maximum horsepower at rated speed for 10
minutes before the test sequence is repeated.
[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984;
52 FR 47870, Dec. 16, 1987; 62 FR 47122, Sept. 5, 1997]
Sec.86.884-8 Dynamometer and engine equipment.
The following equipment shall be used for smoke emission testing of
engines on engine dynamometers:
(a) An engine dynamometer with adequate characteristics to perform
the test cycle described in Sec.86.884-7.
(b) An engine cooling system having sufficient capacity to maintain
the engine at normal operating temperatures during conduct of the
prescribed engine tests.
(c) An exhaust system with an appropriate type of smokemeter placed
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
[[Page 53]]
the individual exhaust outlets, or exhaust aftertreatment device(s),
whichever is farthest downstream.
(2) For engines with multiple exhaust outlets, install a smokemeter
in each of the exhaust pipes 10 to 32 feet downstream from each exhaust
manifold, turbocharger outlet, or exhaust aftertreatment device,
whichever is farthest downstream.
(3) For engines with multiple exhaust outlets, install a smokemeter
on the exhaust pipe which produces the highest smoke levels 10 to 32
feet downstream from the exhaust manifold, turbocharger outlet, or
exhaust aftertreatment device, whichever is farthest downstream. It may
be required to make smoke measurements from other exhaust outlets if
deemed appropriate by the Administrator.
(4) When utilizing an end-of-line smokemeter, the terminal two feet
of the exhaust pipe used for smoke measurement shall be of a circular
cross section and be free of elbows and bends. The end of the pipe shall
be cut off squarely. The terminal two feet of the exhaust pipe shall
have a nominal inside diameter in accordance with the engine being
tested, as specified below:
------------------------------------------------------------------------
Exhaust
pipe
Maximum rated horsepower diameter
(inches)
------------------------------------------------------------------------
HP<50...................................................... 1.5
50<=HP<100................................................. 2.0
100<=HP<200................................................ 3.0
200<=HP<300................................................ 4.0
300<=HP<500................................................ 5.0
HP=500.......................................... 6.0
------------------------------------------------------------------------
(5) When utilizing an in-line smokemeter, there shall be no change
in the exhaust pipe diameter within 3 exhaust pipe diameters before or
after the centerline of the smokemeter optics. Within 6 exhaust pipe
diameters upstream of the centerline of the smokemeter optics, no change
in exhaust pipe diameter may exceed a 12 degree half-angle.
(d) An engine air inlet system presenting an air inlet restriction
within one inch of water of the upper limit for the engine operating
condition which results in maximum air flow, as established by the
engine manufacturer in his sales and service literature, for the engine
being tested.
[48 FR 52203, Nov. 16, 1983, as amended at 62 FR 47122, Sept. 5, 1997;
63 FR 63967, Nov. 17, 1998; 70 FR 40437, July 13, 2005]
Sec.86.884-9 Smoke measurement system.
(a) Schematic drawing. The Figure I84-1 is a schematic drawing of
the optical system of the light extinction meter.
[GRAPHIC] [TIFF OMITTED] TR06OC93.182
(b) Equipment. The following equipment shall be used in the system.
(1) Adapter--the smokemeter optical unit may be mounted on a fixed
or
[[Page 54]]
movable frame. The normal unrestricted shape of the exhaust plume shall
not be modified by the adaptor, the meter, or any ventilatory system
used to remove the exhaust from the test site.
(2) Smokemeter (light extinction meter)--continuous recording, full-
flow light obscuration meter.
(i) It is positioned so that a built-in light beam traverses the
exhaust smoke plume at right angles to the axis of the exhaust stream.
(ii) The smokemeter light source shall be an incandescent lamp with
a color temperature range of 2800K to 3250K, or a light source with a
spectral peak between 550 to 570 nanometers.
(iii) The light output is collimated to a beam with a maximum
diameter of 1.125 inches and an included angle of divergence within a
6[deg] included angle.
(iv) The light detector shall be a photocell or photodiode. If the
light source is an incandescent lamp, the detector shall have a spectral
response similar to the photopic curve of the human eye (a maximum
response in the range of 550 to 570 nanometers, to less than 4 percent
of that maximum response below 430 nanometers and above 680 nanometers).
(v) A collimating tube with apertures equal to the beam diameter is
attached to the detector to restrict the viewing angle of the detector
to within a 16[deg] included angle.
(vi) An amplified signal corresponding to the amount of light
blocked is recorded continuously on a remote recorder.
(vii) An air curtain across the light source and detector window
assemblies may be used to minimize deposition of smoke particles on
those surfaces provided that it does not measurably affect the opacity
of the plume.
(viii) The smokemeter consists of two units; an optical unit and a
remote control unit.
(ix) Light extinction meters employing substantially identical
measurement principles and producing substantially equivalent results,
but which employ other electronic and optical techniques, may be used
only after having been approved in advance by the Administrator.
(3) Recorder--a continuous recorder, with variable chart speed over
a minimal range of 0.5 to 8.0 inches per minute (or equivalent) and an
automatic marker indicating 1-second intervals continuously records the
exhaust gas opacity, engine rpm and throttle position.
(i) The recorder is equipped to indicate only when the throttle is
in the fully open or fully closed position.
(ii) The recorder scale for opacity is linear and calibrated to read
from 0 to 100 percent opacity full scale.
(iii) The opacity trace has a resolution within one percent opacity.
(iv) The recorder scale for engine rpm is linear and has a
resolution of 30 rpm.
(v) The throttle position trace clearly indicates when the throttle
is in the fully open and fully closed positions.
(vi) Any means other than a strip-chart recorder may be used
provided it produces a permanent visual data record of quality equal to
or better than that described above (e.g., tabulated data, traces, or
plots).
(4) The recorder used with the smokemeter shall be capable of full-
scale deflection in 0.5 second or less. The smokemeter-recorder
combination may be damped so that signals with a frequency higher than
10 cycles per second are attenuated. A separate lowpass electronic
filter with the following performance characteristics may be installed
between the smokemeter and the recorder to achieve the high-frequency
attenuation:
(i) Three decibel point--10 cycles per second.
(ii) Insertion loss--zero 0.5 decibel.
(iii) Selectivity--12 decibels per octave above 10 cycles per
second.
(iv) Attenuation--27 decibels down at 40 cycles per second minimum.
(5) In lieu of the use of chart recorders, automatic data collection
equipment may be used to record all required data. Automatic data
processing equipment may then be used to perform the data analysis
specified in Sec.86.884-13. The automatic data collection equipment
must be capable of sampling at least two records per second.
(c) Assembling equipment. (1) The optical unit of the smokemeter
shall be mounted radially to the exhaust pipe
[[Page 55]]
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.
[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984;
62 FR 47122, Sept. 5, 1997]
Sec.86.884-10 Information.
The following information, as applicable, shall be recorded for each
test:
(a) Engine description and specifications. A copy of the information
specified in this paragraph must accompany each engine sent to the
Administrator for compliance testing. If the engine is submitted to the
Administrator for testing under subpart N 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 Sec.86.884-7(a)(3)(i).
(2) On the recorder or automatic data collection equipment: Identify
zero traces--calibration traces--idle traces (or printout of the zero
and calibration values)--closed-throttle trace-open throttle trace--
acceleration and lugdown test traces--start and finish of each test.
[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984;
62 FR 47123, Sept. 5, 1997; 70 FR 40437, July 13, 2005]
[[Page 56]]
Sec.86.884-11 Instrument checks.
(a) The smokemeter shall be checked according to the following
procedure prior to each test:
(1) [Reserved]
(2) The zero control shall be adjusted under conditions of ``no
smoke'' to give a recorder or data collection equipment response of
zero;
(3) Calibrated neutral density filters having approximately 10, 20,
and 40 percent opacity shall be employed to check the linearity of the
instrument. The filter(s) shall be inserted in the light path
perpendicular to the axis of the beam and adjacent to the opening from
which the beam of light from the light source emanates, and the recorder
response shall be noted. Filters with exposed filtering media should be
checked for opacity every six months; all other filters shall be checked
every year, using NBS or equivalent reference filters. Deviations in
excess of 1 percent of the nominal opacity shall be corrected.
(b) The instruments for measuring and recording engine rpm, engine
torque, air inlet restrictions, exhaust system backpressure, throttle
position, etc., which are used in the test prescribed herein, shall be
calibrated in accordance with good engineering practice.
[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984]
Sec.86.884-12 Test run.
(a) The temperature of the air supplied to the engine shall be
between 68 [deg]F and 86 [deg]F. The engine fuel inlet temperature shall
be 100 [deg]F 10 [deg]F and shall be measured at a
point specified by the manufacturer. The observed barometric pressure
shall be between 28.5 inches and 31 inches Hg. Higher air temperature or
lower barometric pressure may be used, if desired, but no allowance will
be made for possible increased smoke emissions because of such
conditions.
(b) The governor and fuel system shall have been adjusted to provide
engine performance at the levels in the application for certification
required under Sec.86.084-21.
(c) The following steps shall be taken for each test:
(1) Start cooling system;
(2) Warm up the engine by the procedure described in 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 (Sec.86.884-7(a)(2)). In a manner
appropriate for the dynamometer and controls being used, arrange to
conduct the acceleration mode;
(4) Install smokemeter optical unit and connect it to the recorder/
data collection system. Connect the engine rpm and throttle position
sensing devices to the recorder/data collection system;
(5) Turn on purge air to the optical unit of the smokemeter, if
purge air is used;
(6) Check and record zero and span settings of the smokemeter. (If a
recorder is used, a chart speed of approximately one inch per minute
shall be used.) The optical unit shall be retracted from its position
about the exhaust stream if the engine is left running;
(7) Precondition the engine by operating it for 10 minutes at
maximum rated horsepower;
(8) Proceed with the sequence of smoke emission measurements on the
engine dynamometer as prescribed in Sec.86.884-7;
(9)(i) During the test sequence of Sec.86.884-7, continuously
record smoke measurements, engine rpm, and throttle position.
(ii) If a chart recorder is used for data collection, it shall be
run at a minimum chart speed of one inch per minute during the idle mode
and transitional periods, and eight inches per minute during the
acceleration and lugging modes.
(iii) Automatic data collection equipment, if used, shall sample at
least two records per second.
(iv) The smoke meter zero and full scale response may be rechecked
and reset during the idle mode of each test sequence.
(v) If either zero or full-scale drift is in excess of 2 percent
opacity, the smokemeter controls must be readjusted and the test must be
repeated;
(10) Turn off engine;
[[Page 57]]
(11)(i) Check zero and reset if necessary.
(ii) Check span response (linearity) of the smokemeter by inserting
neutral density filters.
(iii) If either zero drift or the linearity check is in excess of
two percent opacity, the results shall be invalidated.
[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984;
52 FR 47870, Dec. 16, 1987; 70 FR 40437, July 13, 2005]
Sec.86.884-13 Data analysis.
The following procedure shall be used to analyze the test data:
(a) Locate the modes specified in Sec.86.884-7(a)(1) through
(a)(4) by applying the following starting and ending criteria:
(1) The idle mode specified in Sec.86.884-7(a)(1) starts when
engine preconditioning or the lugging mode of a preceding cycle has been
completed and ends when the engine speed is raised above the idle speed.
(2) The acceleration mode specified in Sec.86.884-7(a)(2)(i)
starts when the preceding idle mode has been completed and ends when the
throttle is in the fully open position, as indicated by the throttle
position trace as specified in Sec.86.884-7(a)(2)(ii).
(3) The acceleration mode specified in Sec.86.884-7(a)(2)(ii)
starts when the preceding acceleration mode has been completed and ends
when the engine speed reaches 85 percent of the rated speed.
(4) The transition period specified in Sec.86.884-7(a)(2)(iii)
starts when the preceding acceleration mode has been completed and ends
when the throttle is in the fully open position as indicated by the
throttle position trace, as specified in Sec.86.884-7(a)(2)(iv).
(5) The acceleration mode specified in Sec.86.884-7(a)(2)(iv)
starts when the preceding transition period has been completed and ends
when the engine speed reaches 95 percent of the rated speed.
(6) The transition period specified in Sec.86.884-7 (a)(3)(i)
starts when the preceding acceleration mode has been completed and ends
when the engine speed is 50 rpm below the rated speed and the provisions
of Sec.86.884-7 (a)(3)(i) are met.
(7) The lugging mode specified in Sec.86.884-7(a)(3)(ii) starts
when the preceding transition period has been completed and ends when
the engine speed is at the intermediate speed.
(b) Determine if the test requirements of Sec.86.884-7 are met by
applying the following modal criteria:
(1) Idle mode as specified in Sec.86.884-7(a)(1):
(i) Duration: 5 to 5.5 minutes.
(ii) Speed: within specification during the last four minutes of the
mode.
(2) Acceleration mode as specified in Sec.86.884-7(a)(2)(i).
(i) Duration: three seconds or less.
(ii) Speed increase: 20050 rpm.
(3) Acceleration mode as specified in Sec.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 Sec.86.884-7(a)(2)(iii):
(i) Throttle position: moved rapidly to, and held in, the fully
closed position.
(5) Acceleration mode as specified in Sec.86.884-7(a)(2)(iv):
(i) Duration: 8 to 12 seconds.
(ii) Throttle position: fully open when speed is at intermediate
speed.
(6) Transition period as specified in Sec.86.884-7(a)(3)(i):
(i) Duration: 50 to 60 seconds.
(ii) Average speed during the last 10 seconds shall be within 50 rpm of rated speed.
(iii) Average observed power during the last 10 seconds shall be at
least 95 percent of the horsepower developed during the preconditioning
mode.
(7) Lugging mode as specified in Sec.86.884-7(a)(3)(ii):
(i) Linearity: 100 rpm as specified in
paragraph (c) of this section.
(ii) Duration: 30 to 40 seconds.
(iii) Speed at end: intermediate speed.
(c) Determine if the linearity requirements of Sec.86.884-7 were
met by means of the following procedure:
(1) For the acceleration mode specified in Sec.86.884-7(a)(2)(ii),
note the maximum deflection of the rpm trace from a straight line drawn
between the
[[Page 58]]
starting and ending points specified in paragraph (a)(3) of this
section.
(2) For the lugging mode specified in Sec.86.884-7(a)(3)(ii), note
the maximum deflection of the rpm trace from a straight line drawn from
the starting and ending points specified in paragraph (a)(7) of this
section.
(3) The test results will be invalid if any deflection is greater
than 100 rpm.
(4) This linearity check may be performed by direct analysis of the
recorder traces, or by computer analysis of data collected by automatic
data collection equipment.
(d) Analyze the smoke trace by means of the following procedure:
(1) Starting at the beginning of the first acceleration, as defined
in paragraph (a)(2) of this section, and stopping at the end of the
second acceleration, as defined in paragraph (a)(3) of this section,
divide the smoke trace into half-second intervals. Similarly, subdivide
into half-second intervals the third acceleration mode and the lugging
mode as defined by paragraphs (a) (5) and (7) respectively, of this
section.
(2) Determine the average smoke reading during each half-second
interval.
(3) Locate and record the 15 highest half-second readings during the
acceleration mode of each dynamometer cycle.
(4) Locate and record the five highest half-second readings during
the lugging mode of each dynamometer cycle.
(5) Examine the average half-second values which were determined in
paragraphs (d)(3) and (d)(4) of this section and record the three
highest values for each dynamometer cycle.
(6) This smoke trace analysis may be performed by direct analysis of
the recorder traces, or by computer analysis of data collected by
automatic data collection equipment.
[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984;
62 FR 47123, Sept. 5, 1997]
Sec.86.884-14 Calculations.
(a) If the measured half-second opacity values were obtained with a
smokemeter with an optical path length different than shown in the table
in Sec.86.884-8(c), then convert the measured half-second values or
the original instantaneous values to the appropriate equivalent optical
path length values specified in the table. Convert the opacity values
according to the following equations:
[GRAPHIC] [TIFF OMITTED] TR15JA04.001
Lm and Ls must use consistent units in the above
equation
Where:
Nm=Measured half-second value for conversion, percent opacity
Lm=Measuring smokemeter optical path length, meters
Ls=Standard optical path length corresponding with engine
power, n
Ns=Standard half-second value, percent opacity
(b) Average the 45 readings in Sec.86.884-13(d)(3) or the
equivalent converted values from paragraph (a) of this section if
appropriate, and designate the value as ``A''. This is the value for the
engine acceleration mode.
(c) Average the 15 readings in Sec.86.884-13(d)(4) or the
equivalent converted values from paragraph (a) of this section if
appropriate, and designate the value as ``B''. This is the value for the
engine lugging mode.
(d) Average the 9 readings in Sec.86.884-13(d)(5) or the
equivalent converted values from paragraph (a) of this section if
appropriate, and designate the value as ``C''. This is the value for the
peaks in either mode.
(e)(1) If multiple smokemeters were used, the half-second values for
each mode from each smokemeter shall be combined and the calculated
average based upon the total number of combined values.
(2) For example, if two smokemeters were used for acceleration mode
data, 45 half-second values in each data set from both smokemeters would
be combined to form a data set of 90 values, which would then be
averaged.
[62 FR 47123, Sept. 5, 1997, as amended at 69 FR 2441, Jan. 15, 2004]
[[Page 59]]
Subpart J_Fees for the Motor Vehicle and Engine Compliance Program
Sec.86.901 Assessment of fees.
See 40 CFR part 85, subpart Y, for the applicable fees associated
with certifying engines and vehicles under this part.
[71 FR 51487, Aug. 30, 2006]
Subpart K_Selective Enforcement Auditing of New Heavy-Duty Engines
Sec.86.1001 Applicability.
(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 Sec. Sec.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.
[75 FR 22980, Apr. 30, 2010]
Subpart L_Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-
Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks
Source: 50 FR 35388, Aug. 30, 1985, unless otherwise noted.
Sec.86.1101-87 Applicability.
(a) The provisions of this subpart are applicable for 1987 and later
model year gasoline-fueled and diesel heavy-duty engines and heavy-duty
vehicles. These vehicles include light-duty trucks rated in excess of
6,000 pounds gross vehicle weight.
(b) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty trucks
and Otto-cycle complete heavy-duty vehicles under the provisions of
subpart S of this part.
[65 FR 59957, Oct. 6, 2000]
Sec.86.1102-87 Definitions.
(a) The definitions in this section apply to this subpart.
(b) As used in this subpart, all terms not defined herein have the
meaning given them in the Act.
Compliance level means the deteriorated pollutant emissions level at
the 60th percentile point for a population of heavy-duty engines or
heavy-duty vehicles subject to Production Compliance Audit testing
pursuant to the requirements of this subpart. A compliance level for a
population can only be determined for a pollutant for which an upper
limit has been established in this subpart.
Configuration means a subdivision, if any, of a heavy-duty engine
family for which a separate projected sales figure is listed in the
manufacturer's Application for Certification and which can be described
on the basis of emission control system, governed speed, injector size,
engine calibration, or other parameters which may be designated by the
Administrator, or a subclassification of light-duty truck engine family
emission control system combination on the basis of engine code, inertia
weight class, transmission type and gear ratios, rear axle ratio, or
other parameters which may be designated by the Administrator.
NCP means a nonconformance penalty as described in section 206(g) of
the Clean Air Act and in this subpart.
PCA means Production Compliance Audit as described in Sec.86.1106-
87 of this subpart.
[[Page 60]]
Subclass means a classification of heavy-duty engines of heavy-duty
vehicles based on such factors as gross vehicle weight rating, fuel
usage (gasoline-, diesel-, and methanol-fueled), vehicle usage, engine
horsepower or additional criteria that the Administrator shall apply.
Subclasses include, but are not limited to:
(i) Light-duty gasoline-fueled Otto cycle trucks (6,001-8,500 lb.
GVW)
(ii) Light-duty methanol-fueled Otto cycle trucks (6,001-8,500 lb.
GVW)
(iii) Light-duty petroleum-fueled diesel trucks (6,001-8,500 lb.
GVW)
(iv) Light-duty methanol-fueled diesel trucks (6,001-8,500 lb. GVW)
(v) Light heavy-duty gasoline-fueled Otto cycle engines (for use in
vehicles of 8,501-14,000 lb. GVW)
(vi) Light heavy-duty methanol-fueled Otto cycle engines (for use in
vehicles of 8,501-14,000 lb. GVW)
(vii) Heavy heavy-duty gasoline-fueled Otto cycle engines (for use
in vehicles of 14,001 lb and above GVW)
(viii) Heavy heavy-duty methanol-fueled Otto cycle engines (for use
in vehicles of 14,001 lb. and above GVW)
(ix) Light heavy-duty petroleum-fueled diesel engines (see Sec.
86.085-2(a)(1))
(x) Light heavy-duty methanol-fueled diesel engines (see Sec.
86.085-2(a)(1))
(xi) Medium heavy-duty petroleum-fueled diesel engines (see Sec.
86.085-2(a)(2))
(xii) Medium heavy-duty methanol-fueled diesel engines (see Sec.
86.085-2(a)(2))
(xiii) Heavy heavy-duty petroleum-fueled diesel engines (see Sec.
86.085-2(a)(3))
(xiv) Heavy heavy-duty methanol-fueled diesel engines (see Sec.
86.085-2(a)(3))
(xv) Petroleum-fueled Urban Bus engines (see Sec.86.091-2)
(xvi) Methanol-fueled Urban Bus engines (see Sec.86.091-2).
For NCP purposes, all optionally certified engines and/or vehicles
(engines certified in accordance with Sec.86.087-10(a)(3) and vehicles
certified in accordance with Sec.86.085-1(b)) shall be considered part
of, and included in the FRAC calculation of, the subclass for which they
are optionally certified.
Test Sample means a group of heavy-duty engines or heavy-duty
vehicles of the same configuration which have been selected for emission
testing.
Upper limit means the emission level for a specific pollutant above
which a certificate of conformity may not be issued or may be suspended
or revoked.
[50 FR 35388, Aug. 30, 1985, as amended at 55 FR 46628, Nov. 5, 1990]
Sec.86.1103-87 Criteria for availability of nonconformance penalties.
(a) EPA shall establish for each subclass of heavy-duty engines and
heavy-duty vehicles (other than motorcycles), an NCP for a motor vehicle
pollutant, when any new or revised emission standard is more stringent
than the previous standard for the pollutant, or when an existing
standard for that pollutant becomes more difficult to achieve because of
a new or revised standard, provided that EPA finds:
(1) That for such subclass of engines or vehicles, substantial work
is 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 that was not generally used in an
engine or vehicle class or subclass to meet standards prior to the
implementation of the new or revised standard, 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.
Substantial work is determined by the total amount of work required to
meet the standard for which the NCP is offered, compared to the previous
standard, irrespective of when EPA establishes the NCP.
[77 FR 54401, Sept. 5, 2012]
Sec.86.1104-91 Determination of upper limits.
EPA shall set a separate upper limit for each phase of NCPs and for
each service class.
[[Page 61]]
(a) Except as provided in paragraphs (b), (c), and (d) of this
section, the upper limit shall be set as follows:
(1) The upper limit applicable to a pollutant emission standard for
a subclass of heavy-duty engines or heavy-duty vehicles for which an NCP
is established in accordance with Sec.86.1103-87, shall be the
previous pollutant emission standard for that subclass.
(2) 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.
(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) EPA may set the upper limit during rulemaking at a level below
the level specified in paragraph (a) of this section if we determine
that a lower level is achievable by all engines or vehicles in that
subclass.
(d) EPA may set the upper limit at a level above the level specified
in paragraph (a) of this section if we determine that the such level
will not be achievable by all engines or vehicles in that subclass.
[77 FR 54401, Sept. 5, 2012]
Sec.86.1105-87 Emission standards for which nonconformance penalties
are available.
(a)-(b) [Reserved]
(c) Effective in the 1991 model year, NCPs will be available for the
following additional emission standards:
(1) [Reserved]
(2) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen
standard of 5.0 grams per brake horsepower-hour.
(i) For petroleum-fueled light heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $830.
(2) COC90: $946.
(3) MC50: $1,167 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP in accordance with Sec.86.1113-
87(h): 0.12.
(ii) For petroleum-fueled medium heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $905.
(2) COC90: $1,453.
(3) MC50: $1,417 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP in accordance with Sec.86.1113-
87(h): 0.11.
(iii) For petroleum-fueled heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $930.
(2) COC90: $1,590.
(3) MC50: $2,250 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP in accordance with Sec.86.1113-
87(h): 0.11.
(3) Petroleum-fueled diesel light-duty trucks (between 6,001 and
14,000 lbs GVW) particulate matter emission standard of 0.13 grams per
vehicle mile.
(i) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(A) COC50: $711.
(B) COC90: $1,396.
(C) MC50: $2,960 per gram per brake horsepower-hour.
(D) F: 1.2.
(ii) The following factor shall be used to calculate the engineering
and development component of the NCP in accordance with Sec.86.1113-
87(h): 0.01.
(d) Effective in the 1993 model year, NCPs will be available for the
following additional emission standard:
(1) Petroleum-fueled diesel bus engine (as defined in Sec.86.093-
2) particulate emission standard of 0.10 grams per brake horsepower-
hour.
(i) The following values shall be used to calculate an NCP for the
standard
[[Page 62]]
set forth in Sec.86.093-11(a)(1)(iv)(A) in accordance with Sec.
86.1113-87(a):
(A) COC50: $4,020.
(B) COC90: $4,535.
(C) MC50: $22,971 per gram per brake horsepower-hour.
(D) F: 1.2.
(E) UL: 0.25 grams per brake horsepower-hour.
(ii) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.093-11(a)(1)(iv)(A) in accordance with Sec.86.1113-87(h): 0.02.
(2) [Reserved]
(e) The values of COC50, COC90, and
MC50 in paragraphs (a) and (b) of this section are expressed
in December 1984 dollars. The values of COC50,
COC90, and MC50 in paragraphs (c) and (d) of this
section are expressed in December 1989 dollars. The values of
COC50, COC90, and MC50 in paragraph (f)
of this section are expressed in December 1991 dollars. The values of
COC50, COC90, and MC50 in paragraphs
(g) and (h) of this section are expressed in December 1994 dollars. The
values of COC50, COC90, and MC50 in
paragraph (i) of this section are expressed in December 2001 dollars.
The values of COC50, COC90, and MC50 in
paragraph (j) of this section are expressed in December 2011 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. This 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 U.S. EPA, Air and Radiation
Docket and Information Center, 1301 Constitution Ave. NW., Room 3334,
EPA West Building, Washington, DC 20004, (202) 202-1744 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/cfr/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 Sec.86.091-2)
particulate emission standard of 0.07 grams per brake horsepower-hour.
(i) The following values shall be used to calculate an NCP for the
standard set forth in Sec.86.094-11(a)(1)(iv)(A) in accordance with
Sec.86.1113-87(a):
(A) COC50: $3292.
(B) COC90: $10,014.
(C) MC50: $109,733.
(D) F: 1.2.
(ii) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.094-11(a)(1)(iv)(A) in accordance with Sec.86.1113-87(h): 0.38.
(2) Petroleum-fueled diesel heavy-duty engine particulate matter
emission standard of 0.10 grams per brake horsepower-hour.
(i) For petroleum-fueled light heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $772.
(2) COC90: $1,325.
(3) MC50: $8,178 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP in accordance with Sec.86.1113-
87(h): 0.081.
(ii) For petroleum-fueled medium heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $1,276.
(2) COC90: $3,298.
[[Page 63]]
(3) MC50: $15,370 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP in accordance with Sec.86.1113-
87(h): 0.098.
(iii) For petroleum-fueled heavy heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $2,105.
(2) COC90: $6,978.
(3) MC50: $30,070 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP in accordance with Sec.86.1113-
87(h): 0.083.
(g) Effective in the 1996 model year, NCPs will be available for the
following emission standard:
(1) Light-duty truck 3 diesel-fueled vehicle at full useful life (as
defined in Sec.86.094-2) particulate matter emission standard of 0.10
g/mi.
(i) The following values shall be used to calculate an NCP for the
standard set forth in Sec.86.094-9(a)(1)(ii) in accordance with Sec.
86.1113-87(a):
(A) COC50: $441.
(B) COC90: $1,471.
(C) MC50: $14,700 per gram per mile.
(D) F: 1.2.
(ii) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.094-9(a)(1)(ii) in accordance with Sec.86.1113-87(h): 0.093.
(2) Light-duty truck 3 diesel-fueled vehicle at full useful life (as
defined in Sec.86.094-2) oxides of nitrogen emission standard of 0.98
g/mi.
(i) The following values shall be used to calculate an NCP for the
standard set forth in Sec.86.094-9(a)(1)(ii) in accordance with Sec.
86.1113-87(a):
(A) COC50: $654.
(B) COC90: $779.
(C) MC50: $908 per gram per mile.
(D) F: 1.2.
(ii) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.094-9(a)(1)(ii) in accordance with Sec.86.1113-87(h): 0.082.
(3) 1996 Urban Bus (as defined in Sec.86.094-2) particulate matter
emission standard of 0.05 g/BHp-hr.
(i) The following values shall be used to calculate an NCP for the
standard set forth in Sec.86.094-9(a)(1)(ii) in accordance with Sec.
86.1113-87(a):
(A) COC50: $576.
(B) COC90: $6,569.
(C) MC50: $28,800 per gram per brake horsepower-hour.
(D) F: 1.2.
(ii) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.094-9(a)(1)(ii) in accordance with Sec.86.1113-87(h): 0.500.
(h) Effective in the 1998 model year, NCPs will be available for the
following emission standard:
(1) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen
standard of 4.0 grams per brake horsepower-hour.
(i) For petroleum-fueled light heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $833.
(2) COC90: $1,513.
(3) MC50: $833 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.094-9(a)(1)(ii) in accordance with Sec.86.1113-87(h): 0.039.
(ii) For petroleum-fueled medium heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $444.
(2) COC90: $1,368.
(3) MC50: $444 per gram per brake horsepower-hour.
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.094-9(a)(1)(ii) in accordance with Sec.86.1113-87(h): 0.043.
(iii) For petroleum-fueled heavy heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
[[Page 64]]
(1) COC50: $1,086.
(2) COC90: $2,540.
(3) MC50: $1,086 per gram per brake horsepower-hour
(4) F: 1.2.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP for the standard set forth in Sec.
86.094-9(a)(1)(ii) in accordance with Sec.86.1113-87(h): 0.039.
(2) [Reserved]
(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 Sec.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 Sec.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 Sec.
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 Sec.
86.004-11(a)(1)(i) in accordance with Sec.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 Sec.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 Sec.
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 Sec.
86.004-11(a)(1)(i) in accordance with Sec.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 Sec.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 Sec.
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 Sec.
86.004-11(a)(1)(i) in accordance with Sec.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 Sec.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 Sec.
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 Sec.
86.004-11(a)(1)(i) in accordance with Sec.86.1113-87(h): 0.155.
(2) [Reserved]
(j) Effective in the 2012 and later model years, NCPs will be
available for the following emission standard:
(1) Diesel heavy-duty engine oxides of nitrogen standard of 0.20
grams per brake horsepower-hour in Sec.86.007-11(a)(1)(i).
(i) [Reserved]
(ii) For heavy heavy-duty diesel engines:
(A) The following values shall be used to calculate an NCP in
accordance with Sec.86.1113-87(a):
(1) COC50: $3,219.
(2) COC90: $3,775.
(3) MC50: $10,729 per gram per brake horsepower-hour
NOX.
(4) F: 1.173.
(5) UL: 0.50 grams per brake horsepower-hour NOX.
(B) The following factor shall be used to calculate the engineering
and development component of the NCP for the
[[Page 65]]
standard set forth in Sec.86.007-11(a)(1)(i) in accordance with Sec.
86.1113-87(h): 0.005.
(2) Manufacturers may not generate emission credits for any
pollutant from engines for which the manufacturer pays an NCP for the
NOX standard identified in paragraph (j)(1) of this section.
(3) The penalty shall be adjusted annually as specified in Sec.
86.1113-87 with 2012 as the first year. Note that this means
AAF2012 is equal to 1.
[50 FR 53466, Dec. 31, 1985, as amended at 52 FR 47870, Dec. 16, 1987;
53 FR 43878, Oct. 31, 1988; 56 FR 64712, Dec. 12, 1991; 58 FR 15802,
Mar. 24, 1993; 58 FR 68540, Dec. 28, 1993; 60 FR 33925, June 29, 1995;
61 FR 6949, 6953, Feb. 23, 1996; 67 FR 51477, Aug. 8, 2002; 69 FR 18803,
Apr. 9, 2004; 77 FR 4687, Jan. 31, 2012; 77 FR 54402, Sept. 5, 2012]
Sec.86.1106-87 Production compliance auditing.
For a model year in which upper limits for heavy-duty engine or
heavy-duty vehicle emission standards for one or more exhaust pollutants
are specified in Sec.86.1105-87, a manufacturer may elect to conduct a
Production Compliance Audit (PCA) for each engine or vehicle
configuration satisfying the following conditions:
(a) Certification test results, pursuant to Sec.86.082-23, exceed
the emission standard for a particular pollutant but do not exceed the
upper limit established for that pollutant. In that event, the
manufacturer will be offered a qualified certificate of conformity
allowing for the introduction into commerce of the specified engine
family, Provided, That:
(1) The manufacturer must agree to conduct a PCA of those engines or
vehicles;
(2) PCA testing must be conducted on the same configurations that
exceeded the standard in certification. In lieu of that requirement, the
Administrator may approve testing of a greater or lesser number of
configurations provided the manufacturer agrees to pay the NCP
determined from the CL of each tested configuration for that
configuration and for other non-tested configurations that have similar
emission characteristics. If an acceptable showing of similar emission
characteristics is not made, the highest CL of the configurations tested
will apply to all non-tested configurations exceeding the standard.
(3) The selection of engines or vehicles for PCA testing must be
initiated no later than five (5) days after the start of assembly-line
production of the specified engine or vehicle configuration, unless that
period is extended by the Administrator;
(4) The manufacturer must agree:
(i) To pay the NCP amount calculated as a result of PCA testing on
each engine or vehicle, unless the manufacturer successfully challenges
the Administrator's determination of the compliance level or penalty
calculation or both under Sec.86.1115-87(c);
(ii) To recall any engines or vehicles introduced into commerce,
without invoking the procedural requirements of section 207(c) of the
Clean Air Act, if the compliance level for the engine or vehicle
configuration of (a)(2) exceeds the upper limit as determined by the
PCA;
(5) If the compliance level determined in the PCA is below the
emission standard, no NCP will be offered, and all appropriate
qualifications will be removed from the qualified certificate of
conformity.
(b) An engine or vehicle configuration fails a Selective Enforcement
Audit (SEA) under subpart K of 40 CFR part 86 with respect to the
standard for a particular pollutant but does not fail with respect to
the upper limit established for that pollutant, and no NCP has been
previously assessed for that configuration, Provided, That:
(1) The manufacturer must submit a written report to the
Administrator within five (5) days after failure to pass the audit
containing the following:
(i) A statement that the manufacturer does not intend, at that time,
to make any engine and/or emission control system design changes that
may remedy the nonconformity; and
(ii) A request from the manufacturer to conduct the PCA, including
the date the testing will begin;
(2) Failure to submit the report within five (5) days after the SEA
failure will result in the forfeiture of the NCP option, unless a
satisfactory justification for the delay is provided to the
Administrator;
[[Page 66]]
(3) The selection of any required engines or vehicles for PCA
testing must be initiated no later than ten (10) days after the SEA
failure unless extended by the Administrator; otherwise, the
manufacturer may forfeit the option to elect an NCP;
(4) PCA testing must be conducted on the same configuration that
failed the SEA;
(5) Test results from the SEA, together with any additional test
results required during the PCA, will be used in establishing a
compliance level for the configuration pursuant to Sec.86.1112-87(a);
and
(6) The manufacturer, upon approval by the Administrator to conduct
a PCA on a failed SEA engine or vehicle configuration, must agree:
(i) To pay the NCP amount calculated as a result of PCA testing on
each engine or vehicle introduced into commerce after the tenth day of
the SEA failure, unless the manufacturer successfully challenges the
Administrator's determination of the compliance level or penalty
calculation or both under Sec.86.1115-87(c);
(ii) To recall any engines or vehicles introduced into commerce
after the tenth day of the SEA failure, without invoking the procedural
requirements of section 207(c) of the Clean Air Act, if the compliance
level of the engine or vehicle configuration exceeds the upper limit as
determined by the PCA.
(c) An engine or vehicle configuration, for which an NCP has been
previously assessed for a particular pollutant, either passes an SEA
with respect to the particular pollutant standard, fails an SEA with
respect to the particular pollutant standard but not the previous
compliance level, or fails an SEA with respect to the previous
compliance level but not the associated upper limit, Provided, That:
(1) The manufacturer must submit a written statement to the
Administrator within five (5) days of the conclusion of the SEA
requesting a PCA, including the date the PCA testing will begin;
otherwise, the manufacturer forfeits the option to establish a new
compliance level;
(2) The selection of any required engines or vehicles for PCA
testing must be initiated no later than ten (10) days after the
conclusion of the SEA unless the period is extended by the
Administrator; otherwise, the manufacturer forfeits the option to
establish a new compliance level;
(3) PCA testing must be conducted on the same configuration tested
during the SEA, and all conditions in the SEA test order must apply to
the PCA;
(4) Test results for the SEA, together with any additional test
results required during the PCA, will be used in establishing a new
compliance level for the configuration pursuant to Sec.86.1112-87(a);
(5) The manufacturer must agree:
(i) To pay the NCP amount calculated as a result of PCA testing on
each engine or vehicle introduced into commerce after the tenth day of
the conclusion of the SEA, unless the manufacturer successfully
challenges the Administrator's determination of the compliance level or
penalty calculation or both under Sec.86.1115-87(c);
(ii) To recall any engines or vehicles introduced into commerce
after the tenth day after the conclusion of the SEA, without invoking
the procedural requirements of section 207(c) of the Clean Air Act, if
the engine or vehicle configuration exceeds the upper limit as
determined by the PCA;
(6) A previously assessed NCP will be terminated and no NCP will be
established as a result of the new PCA if the compliance level is
determined to be below the applicable emission standards.
(d) The implementation of a production running change that causes
the emission level for a particular pollutant to be either above the
emission standard but below the associated upper limit for a vehicle or
engine configuration for which an NCP has not been previously assessed,
or below the associated upper limit for a vehicle or engine
configuration for which an NCP has been previously assessed, regardless
of the previous compliance level. In that event, the manufacturer will
be offered a qualified certificate of conformity allowing for the
introduction into commerce of the engine or vehicle configuration
resulting from the running change, Provided, That:
(1) The manufacturer must submit a written report to the
Administrator
[[Page 67]]
outlining the reason for the running change and the date the
manufacturer will begin PCA testing;
(2) The manufacturer must agree:
(i) To pay the NCP amount calculated as a result of PCA testing on
each engine or vehicle, unless the manufacturer successfully challenges
the Administrator's determination of compliance level or penalty
calculation or both under Sec.86.1115-87(c);
(ii) To recall any engines or vehicles introduced into commerce,
without invoking the procedural requirements of section 207(c) of the
Clean Air Act, if the engine or vehicle configuration exceeds the upper
limit as determined by the PCA;
(3) The selection of engines or vehicles for PCA testing must be
initiated no later than five (5) days after the start of assembly line
production of the engine or vehicle configuration resulting from the
running change unless that period is extended by the Administrator; and
(4) If the compliance level is determined to be below the applicable
emission standard, a previously assessed NCP will be terminated, an NCP
will not be established as a result of the PCA testing, and all
qualifications will be removed from the qualified certificate of
conformity.
(e) The following requirements are applicable to each PCA under this
subpart.
(1) The manufacturer shall make the following documents available to
EPA Enforcement Officers upon request;
(i) A properly filed and current application for certification,
following the format prescribed by the EPA for the appropriate model
year; and
(ii) A copy of the shop manual and dealer service bulletins for the
configurations being tested.
(2) Only one mechanic at a time per engine or vehicle shall make
authorized checks, adjustments, or repairs, unless a particular check,
adjustment, or repair requires a second mechanic as indicated in the
shop manual or dealer service bulletins.
(3) A mechanic shall not perform any check, adjustment, or repair
without an Enforcement Officer present unless otherwise authorized.
(4) The manufacturer shall utilize only those tools and test
equipment utilized by its dealers or those dealers using its engines
when performing authorized checks, adjustments, or repairs.
[50 FR 35388, Aug. 30, 1985, as amended at 58 FR 68540, Dec. 28, 1993]
Sec.86.1107-87 Testing by the Administrator.
(a) The Administrator may require that engines or vehicles of a
specified configuration be selected in a manner consistent with the
requirements of Sec.86.1110-87 and submitted to him at such place as
he may designate for the purpose of conducting emission tests in
accordance with Sec.86.1111-87 to determine whether engines or
vehicles manufactured by the manufacturer conform with the regulations
of this subpart.
(b)(1) Whenever the Administrator conducts a test on a test engine
or vehicle or the Administrator and manufacturer each conduct a test on
the same test engine or vehicle, the results of the Administrator's test
will comprise the official data for that engine or vehicle.
(2) Whenever the manufacturer conducts all tests on a test engine or
vehicle, the manufacturer's test data will be accepted as the official
data, provided that if the Administrator makes a determination based on
testing under paragraph (a) of this section that there is a substantial
lack of agreement between the manufacturer's test results and the
Administrator's test results, no manufacturer's test data from the
manufacturer's test facility will be accepted for purposes of this
subpart.
(c) If the Administrator determines that testing conducted under
paragraph (a) of this section demonstrates a lack of agreement under
paragraph (b)(2) of this section, the Administrator shall:
(1) Notify the manufacturer in writing of his determination that the
manufacturer's test facility is inappropriate for conducting the tests
required by this subpart and the reasons therefore; and
(2) Reinstate any manufacturer's data only upon a showing by the
manufacturer that the data acquired under
[[Page 68]]
paragraph (a) of this section was erroneous and the manufacturer's data
was correct.
(d) The manufacturer may request in writing that the Administrator
reconsider his determination in paragraph (b)(2) of this section based
on data or information which indicates that changes have been made to
the test facility and that these changes have resolved the reasons for
disqualification.
Sec.86.1108-87 Maintenance of records.
(a) The manufacturer of any new gasoline-fueled or diesel heavy-duty
engine or heavy-duty vehicle subject to any of the provisions of this
subpart shall establish, maintain, and retain the following adequately
organized and indexed records:
(1) General records. A description of all equipment used to test
engines or vehicles in accordance with Sec.86.1111-87, pursuant to PCA
testing under this subpart, specifically;
(i) If testing heavy-duty gasoline engines, the equipment
requirements specified in 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 Sec. Sec.86.106 (excluding all references to
particulate emission testing) and 86.1506-84 of this part; and
(iv) If testing light-duty diesel trucks, the equipment requirements
specified in Sec.86.106 (excluding all references to evaporative
emission testing) of this part.
(2) Individual records. These records pertain to each Production
Compliance Audit conducted pursuant to this subpart.
(i) The date, time, and location of each test;
(ii) The number of hours of service accumulated on the engine or the
number of miles on the vehicle when the test began and ended;
(iii) The names of all supervisory personnel involved in the conduct
of the Production Compliance Audit;
(iv) A record and description of any repair performed, giving the
date and time of the repair, the reason for it, the person authorizing
it, and the names of all personnel involved in the supervision and
performance of the repair;
(v) The date when the engine or vehicle was shipped from the
assembly plant or associated storage facility and when it was received
at the testing facility;
(vi) A complete record of all emission tests performed pursuant to
this subpart (except tests performed by EPA directly), including all
individual worksheets and/or other documentation relating to each test,
or exact copies thereof, specifically--
(A) If testing heavy-duty gasoline engines, the record requirements
specified in 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 Sec. Sec.86.142 (excluding all references to
diesel vehicles) and 86.1542-84; and
(D) If the testing light-duty diesel trucks, the record requirements
specified in Sec.86.142; and
(vii) A brief description of any significant Production Compliance
Audit events commencing with the test engine or vehicle selection
process, but not described by any subparagraph under paragraph (a)(2) of
this section, including such extraordinary events as engine damage
during shipment or vehicle accident.
(3) The manufacturer shall record the test equipment description,
pursuant to paragraph (a)(1) of this section, for each test cell that
was used to perform emission testing under this subpart.
(b) The manufacturer shall retain all records required to be
maintained under this subpart for a period of six (6) years after
completion of all testing. Records may be retained as hard copy or
reduced to microfilm, punch cards, etc., depending upon the
manufacturer's record retention procedure, provided that in every case
all the information contained in the hard copy is retained.
[50 FR 35388, Aug. 30, 1985, as amended at 70 FR 40437, July 13, 2005]
[[Page 69]]
Sec.86.1109-87 Entry and access.
(a) To allow the Administrator to determine whether a manufacturer
is complying with the provisions of this subpart, EPA Enforcement
Officers are authorized to enter any of the following (during operating
hours and upon presentation of credentials):
(1) Any facility where any engine or vehicle to be introduced into
commerce or any emission related component is manufactured, assembled,
or stored;
(2) Any facility where any tests conducted pursuant to a PCA request
or any procedures or activities connected with these tests are or were
performed;
(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.
[[Page 70]]
(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.
Sec.86.1110-87 Sample selection.
(a) Engines or vehicles comprising a test sample which are required
to be tested pursuant to a PCA in accordance with this subpart will be
selected at the location and in the manner specified by EPA. If a
manufacturer determines that the test engines or vehicles cannot be
selected in the manner specified by EPA, an alternative selection
procedure may be employed, provided that the manufacturer requests
approval of the alternative procedure in advance of the start of test
sample selection and that the Administrator approves the procedure.
(b) The manufacturer shall have assembled the test engines or
vehicles of the configuration selected for testing using its normal mass
production processes for engines or vehicles to be distributed into
commerce. In the case of heavy-duty engines, if the test engines are
selected at a location where they do not have their operational and
emission control systems installed, EPA will specify the manner and
location for selection of components to complete assembly of the
engines. The manufacturer shall assemble these components onto the test
engines using normal assembly and quality control procedures as
documented by the manufacturer.
(c) No quality control, testing, or assembly procedures will be used
on the completed test engine or vehicle or any portion thereof,
including parts and subassemblies, that will not be used during the
production and assembly of all other engines or vehicles of that
configuration.
(d) The EPA Enforcement Officers may specify that they, rather than
the manufacturer, will select the test engines or vehicles.
(e) The order in which test engines or vehicles are selected
determines the order in which test results are to be used in applying
the PCA testing plan in accordance with Sec.86.1112-87.
(f) The manufacturer shall keep on hand all engines or vehicles
comprising the test sample until such time as a compliance level is
determined in accordance with Sec.86.1112-87(a) except that the
manufacturer may ship any tested engine or vehicle which has not failed
in accordance with Sec.86.1112-87(f)(1). However, once the
manufacturer ships any test engine or vehicle, it relinquishes the
prerogative to conduct retests as provided in Sec.86.1111-87(i).
Sec.86.1111-87 Test procedures for PCA testing.
(a)(1) For heavy-duty engines, the prescribed test procedure for PCA
testing is the Federal Test Procedure as described in subparts N, I, and
P of this part.
(2) For heavy-duty vehicles, the prescribed test procedure for PCA
testing is described in subpart M of this part.
(3) For light-duty trucks, the prescribed test procedure for PCA
testing
[[Page 71]]
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 Sec.86.113 for mileage
accumulation. Otherwise, the manufacturer may use fuels other than those
specified in this section only with advance approval of the
Administrator.
(ii) The manufacturer may measure the temperature of the test fuel
at other than the approximate midvolume of the fuel tank, as specified
in paragraph (a) of Sec.86.131, and may drain the test fuel from other
than the lowest point of the fuel tank, as specified in paragraph (b) of
Sec.86.131, with the advance approval of the Administrator.
(iii) The manufacturer may perform additional preconditioning on PCA
test vehicles other than the preconditioning specified in Sec.86.132
only if the additional preconditioning has been performed on
certification test vehicles of the same configuration.
(iv) The manufacturer shall perform the heat build procedure 11 to
34 hours following vehicle preconditioning rather than according to the
time period specified in paragraph (a) of Sec.86.133.
(v) The manufacturer may substitute slave tires for the drive wheel
tires on the vehicle as specified in paragraph (e) of Sec.86.135,
provided that the slave tires are the same size as the drive wheel
tires.
(vi) The cold start exhaust emission test described in Sec.86.137
shall follow the heat build procedure described in Sec.86.133 by not
more than one hour.
(vii) In performing exhaust sample analysis under Sec.86.140:
(A) When testing diesel vehicles, the manufacturer shall allow a
minimum of 20 minutes warm-up for the HC analyzer, and a minimum of 2
hours warm-up for the CO, CO2 and NOX analyzers.
[Power is normally left on for infrared and chemiluminescent analyzers.
When not in use, the chopper motors of the infrared analyzers are turned
off and the phototube high voltage supply to the chemiluminescent
analyzers is placed in the standby position.]
(B) The manufacturer shall exercise care to prevent moisture from
condensing in the sample collection bags.
(viii) The manufacturer need not comply with Sec.86.142, since the
records required therein are provided under other provisions of this
subpart.
(ix) In addition to the requirements of subpart B of this part, the
manufacturer shall prepare gasoline-fueled vehicles as follows prior to
exhaust emission testing:
(A) The manufacturer shall inspect the fuel system to insure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.5 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
[[Page 72]]
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 Sec.86.084-22(e)(1), to any setting within the physically
adjustable range of that parameter, as determined by the Administrator
in accordance with Sec.86.084-2(e)(3)(ii), prior to the performance of
any tests. However, if the idle speed parameter is one which the
Administrator has determined to be subject to adjustment, the
Administrator shall not adjust it to any setting which causes a lower
engine idle speed than would have been possible within the physically
adjustable range of the idle speed parameter if the manufacturer had
accumulated 125 hours of service on the engine or 4,000 miles on the
vehicle under paragraph (c) of this section, all other parameters being
identically adjusted for the purpose of the comparison. The manufacturer
may be requested to supply information to establish such an alternative
minimum idle speed. The Administrator, in making or specifying these
adjustments, may consider the effect of the deviation from the
manufacturer's recommended setting on emissions performance
characteristics as well as the likelihood that similar settings will
occur on in-use heavy-duty engines or light-duty trucks. In determining
likelihood, the Administrator may consider factors such as, but not
limited to, the effect of the adjustment on engine or vehicle
performance characteristics and surveillance information from similar
in-use engines or vehicles.
(c) Prior to performing emission testing on a PCA test engine, the
manufacturer may accumulate on each engine a number of hours of service
equal to the greater of 125 hours or the number of hours the
manufacturer accumulated during certification on the emission-data
engine corresponding to the configuration tested during PCA. Prior to
performing emission testing on a PCA test vehicle, the manufacturer may
accumulate a number of miles equal to the greater of 4,000 miles or the
number of miles the manufacturer accumulated during certification on the
emission-data vehicle corresponding to the configuration tested during
PCA. Service or mileage accumulation may be performed in any manner the
manufacturer desires.
(d) No maintenance shall be performed on test engines or vehicles
after selection for testing nor will any test engine or vehicle
substitution or replacement be allowed, unless requested of and approved
by the Administrator in advance of the performance of any maintenance or
engine or vehicle substitution.
(e) The manufacturer shall expeditiously ship test engines or
vehicles from the point of selection to the test facility or other
location to meet any other requirements of this subpart. If the test
facility is not located at or in close proximity to the point of
selection, the manufacturer shall assure that test engines or vehicles
arrive at the test facility within 24 hours of selection, except that
the Administrator may approve more time based upon a request by the
manufacturer accompanied by a satisfactory justification.
(f) If an engine or vehicle cannot complete the service or mileage
accumulation or emission tests because of engine or vehicle malfunction,
the manufacturer may request that the Administrator authorize the repair
of the engine or vehicle. If the engine or vehicle cannot be repaired
expeditiously, EPA may delete it from the test sequence.
(g)(1) Heavy-duty engine manufacturers with projected sales bound
for the United States market for that year of 30,000 or greater, as made
in their respective Applications for Certification, shall complete
emission testing at their testing facility on a minimum of
[[Page 73]]
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 Sec.86.1112-87 based on the first test
on each engine or vehicle. The Administrator may approve retesting at
other times based upon a request by the manufacturer accompanied by a
satisfactory justification. The manufacturer may test each engine or
vehicle a total of three times. The manufacturer shall test each engine
or vehicle the same number of times. The manufacturer may accumulate
additional service or mileage before conducting a retest, subject to the
provisions of paragraph (c) of this section.
[50 FR 35388, Aug. 30, 1985, as amended at 62 FR 47123, Sept. 5, 1997]
Sec.86.1112-87 Determining the compliance level and reporting of
test results.
(a) A manufacturer that has elected to conduct a PCA in accordance
with Sec.86.1106-87 may establish the compliance level for a pollutant
for any engine or vehicle configuration by using the primary PCA
sampling plan or either of two optional reduced PCA sampling plans (the
fixed reduced sampling plan or the sequential reduced sampling plan)
described below. A manufacturer that uses either of the two optional
reduced PCA sampling plans may elect to continue testing and establish a
compliance level under the primary PCA sampling plan.
(1) A manufacturer that elects to conduct a PCA for a pollutant
using the primary PCA sampling plan shall:
(i) Conduct emission tests on 24 engines or vehicles in accordance
with Sec.86.1111-87 for the pollutants for which the PCA was
initiated. If the PCA follows an SEA failure, the number of additional
tests conducted shall be the difference between 24 and the number of
engines or vehicles tested in the SEA. If 24 or more engines or vehicles
were tested in the SEA, no additional tests shall be conducted; and
(ii) Rank the final deteriorated test results, as defined by
paragraph (e) of this section, obtained for that pollutant in order from
the lowest to the highest value. If the PCA follows an SEA failure, all
SEA test results for that pollutant shall be included in this ranking.
(iii) The compliance level for that pollutant is the final
deteriorated test result in the sequence determined from table 1 of
appendix XII of these regulations.
(2) A manufacturer that elects to conduct a PCA for a pollutant
using the fixed reduced PCA sampling plan shall:
(i) Select a sample size between 3 and 23 engines or vehicles. If
the PCA follows an SEA failure, the sample size selected cannot be less
than the number of engines or vehicles tested during the SEA; and
(ii) Conduct emission tests on the selected sample in accordance
with Sec.86.1111-87 for the pollutants for which the PCA was
initiated.
(iii) The compliance level for the pollutant is the result of the
following equation, using the test results obtained in paragraph
(a)(2)(ii) of this section and all SEA test results for that pollutant
if the PCA follows an SEA failure:
CL=X + Ks
where:
CL=The compliance level.
[[Page 74]]
X=The mean of the final deteriorated test results, as defined by
paragraph (e) of this section.
K=A value that depends on the size of the test sample. See table 2 of
appendix XII of this part for the value of K that corresponds
to the size of the test sample.
s=The sample standard deviation.
The compliance level is rounded to the same number of significant
figures contained in the applicable standard in accordance with ASTM
E29-67.
(3) A manufacturer that elects to conduct a PCA for a pollutant
using the sequential reduced PCA sampling plan shall perform the
following:
(i) Select a sample size of 4, 8, 12, 16 or 20 engines or vehicles.
If the PCA follows an SEA failure, the sample size selected cannot be
less than the number of engines or vehicles tested during the SEA.
(ii) Conduct emission tests on the selected sample in accordance
with Sec.86.1111-87 for the pollutants for which the PCA was
initiated.
(iii) The compliance level for the pollutant is the result of the
following equation, using the test results obtained in (a)(3)(ii) and
all SEA test results for that pollutant if the PCA follows an SEA
failure:
CL=X + Ks
where:
CL=The compliance level.
X=The mean of the final deteriorated test results, as defined by
paragraph (e) of this section.
K=A value that depends on the size of the test sample. See table 3 of
appendix XII of this part for the value of K that corresponds
to the size of the test sample.
s=The sample standard deviation.
The compliance level is rounded to the same number of significant
figures contained in the applicable standard in accordance with ASTM
E29-67.
(iv) After calculating a compliance level in accordance with
paragraph (a)(3)(iii) of this section, a manufacturer may elect to
increase the sample size by 4 engines or vehicles, or a multiple
thereof, up to the maximum, including SEA engines or vehicles if any, of
20. Upon that election, the manufacturer shall add the additional
engines or vehicles to the sample and perform paragraphs (a)(3)(ii) and
(a)(3)(iii) of this section. This election may be repeated if
appropriate. A compliance level determined under this election shall
replace a previously determined compliance level.
(b) A fail decision is reached with respect to the upper limit when
the compliance level determined in paragraph (a) of this section exceeds
the applicable upper limit.
(c) Initial test results are calculated following the Federal Test
Procedure specified in Sec.86.1111-87(a).
(d) Final test results are calculated by summing the initial test
results derived in paragraph (c) of this section for each test engine or
vehicle, dividing by the number of tests conducted on the engine or
vehicle, and rounding in accordance with ASTM E29-67 to the same number
of decimal places contained in the applicable standard expressed to one
additional significant figure.
(e) Final deteriorated test results. (1) The final deteriorated test
results for each heavy-duty engine or light-duty truck tested according
to subpart B, I, N, or P of this part are calculated by applying the
final test results by the appropriate deterioration factor, derived from
the certification process for the engine family control system
combination and model year for the selected configuration to which the
test engine or vehicle belongs. If the deterioration factor computed
during the certification process is multiplicative and it is less than
one, that deterioration factor will be one. If the deterioration factor
computed during the certification process is additive and it is less
than zero, that deterioration factor will be zero.
(2) The final deteriorated test results are rounded to the same
number of significant figures contained in the applicable standard in
accordance with ASTM E29-67.
(f) A failed engine or vehicle is one whose final deteriorated test
results, for one or more of the applicable exhaust pollutants, exceed:
(1) The applicable emission standard, or
(2) The compliance level established in paragraph (b) of this
section.
(g) Within five working days after completion of PCA testing of all
engines or vehicles, the manufacturer
[[Page 75]]
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:
This report is submitted pursuant to section 206 of the Clean Air
Act. This Production Compliance Audit was conducted in complete
conformance with all applicable regulations under 40 CFR part 86 et seq.
All data and information reported herein is, to the best of
(Company Name)--------------------'s
knowledge, true and accurate. I am aware of the penalties associated
with violations of the Clean Air Act and the regulations thereunder.
________________________________________________________________________
(Authorized Company Representative)
Sec.86.1113-87 Calculation and payment of penalty.
(a) The NCP for each engine or vehicle for which a compliance level
has been determined under Sec.86.1112-87 is calculated according to
the formula in paragraph (a)(1) or (a)(2) of this section depending on
the value of the compliance level. Each formula contains an annual
adjustment factor (AAFi) which is defined in paragraph (a)(3)
of this section. Other terms in the formulas are defined in paragraph
(a)(4) of this section.
(1) If the compliance level (CL) is greater than the standard and
less than or equal to X (e.g., point CL1 in figure 1), then:
[GRAPHIC] [TIFF OMITTED] TR06OC93.111
where:
PR1 = (F) (MC50)
(2) If the compliance level is greater than X and less than or equal
to the upper limit as determined by Sec.86.1104-87 (e.g., point
CL2 in figure 1), then:
[GRAPHIC] [TIFF OMITTED] TR06OC93.112
[[Page 76]]
where:
[GRAPHIC] [TIFF OMITTED] TR06OC93.113
(3) AAFi has the following values:
(i) If fraci-1 = 0, then AAFi = 1 +
Ii-1
(ii) If fraci-1 0, then:
[GRAPHIC] [TIFF OMITTED] TR06OC93.114
[GRAPHIC] [TIFF OMITTED] TR06OC93.183
If fraci-1 0.50, then fraci-1 will be
set equal to 0.50.
(iii) AAF1=1
(iv) In calculating the NCP for year n, the value fraci-1
for i=n will include actual NCP usage through March 31 of model year n-1
and EPA's estimate of additional usage for the remainder of model year
n-1 using manufacturer input. All manufacturers using NCPs must report
by subclass actual NCP and non-NCP production numbers through March 31,
an estimate of NCP and non-NCP production for the remainder of the model
year, and the previous year's actual NCP and non-NCP production to EPA
no later than April 30 of the model year. If EPA is unable to obtain
similar information from manufacturers not using NCPs, EPA will use
projected sales data from the manufacturers' application for
certification in computing the total production of the subclass and the
fraci-1. The value of fraci-1 will be corrected to
reflect actual year-end usage of NCPs and a corrected AAF will be used
to establish NCPs in future years. The correction of previous year's AAF
will not affect the previous year's penalty.
(4) The terms in the above formulas have the following meanings and
values, which may be determined separately for each subclass and
pollutant for which an NCP is offered. The production of Federal and
California designated engines or vehicles shall be combined for the
purpose of this section in calculating the NCP for each engine or
vehicle.
[[Page 77]]
NCPn=NCP for year n for each applicable engine or vehicle
CL=Compliance level for year n for applicable engines or vehicles
S=Emission standard
UL=Upper limit as determined by section 86.1104-87, except that, if the
upper limit is determined by section 86.1104-87(c), the value
of UL in paragraph (a)(2) of this section shall be the prior
emission standard for that pollutant.
UL'=Upper limit as determined by section 86.1104-87(c). This value is
not used in the above formulas.
X=Compliance level above the standard at which NCP1 equals
COC50
[GRAPHIC] [TIFF OMITTED] TR06OC93.115
PR1=Penalty rate when CL <= X
PR2=Penalty rate when X < CL <= applicable upper limit
[GRAPHIC] [TIFF OMITTED] TR06OC93.116
i=An index representing a year. It represents the same year for both
Federal and California designated engines or vehicles of the
same production model year.
n=Index representing the number of model years for which the NCP has
been available for an engine or vehicle subclass (i.e., n=1
for the first year that the NCP is available, and so on until
n=n for the nth year that the NCP is available). The factor
``n'' is based on the model year the NCP is first available,
as specified in section 86.1105-87 for the engine or vehicle
subclass and pollutant for both Federal and California
designated engines and vehicles.
COC50=Estimate of the average total incremental cost to
comply with the standard relative to complying with the upper
limit.
COC90=Estimate of the 90th percentile total incremental cost
to comply with the standard relative to complying with the
upper limit.
MC50=Estimate of the average marginal cost of compliance
(dollars per emission unit) with the standard.
F=Factor used to estimate the 90th percentile marginal cost based on the
average marginal cost (the minimum value of F is 1.1, the
maximum value of F is 1.3).
AAFi=Annual adjustment factor for year i,
fraci-1=Fraction of engines or vehicles of a
subclass using NCPs in previous year (year i-1).
Ai=Usage adjustment factor in year i: Ai=0.10 for
i=2; Ai=0.08 for i<2.
Ii=Percentage increase in overall consumer price index in
year i.
(5) The values of COC50, COC90,
MC50 and F will be determined for each applicable subclass by
EPA based on the cost data used by EPA in setting the applicable
emission standard. However, where the rulemaking to establish a specific
NCP occurs after the rulemaking to establish the standard, EPA may
augment the data base used to establish the standard by including the
best cost and emission performance data available to EPA during the
specific NCP rulemaking.
(6) In calculating the NCP, appropriate values of the following
predefined terms should be used: CL, S, UL, F, and Ai. For
all other terms, unrounded values of at least five figures beyond the
decimal point should be used in calculations leading up to the penalty
amount. Any NCP calculated under paragraph (a) of this section will be
rounded to the nearest dollar in accordance with ASTM E29-67.
(b) The NCP determined in paragraph (a) of this section is assessed
against all those engines or vehicles of the nonconforming configuration
or engine family produced at all assembly plants and distributed into
commerce--
(1) Since the beginning of the model year in the case of a
certification failure described by Sec.86.1106-87(a).
(2) Beginning ten days after an SEA failure described by Sec.
86.1106-87 (b) or (c).
(3) Following implementation of a production running change
described by Sec.86.1106-87(d).
(c) The NCP will continue to be assessed during the model year,
until such time, if any, that the configuration or engine family is
brought into conformance with applicable emission standards.
[[Page 78]]
(d) A manufacturer may carry over an NCP from a model year to the
next model year. There is no limit to the number of years that carryover
can continue. The amount of the penalty will increase each year
according to paragraph (a) of this section.
(e) The Administrator shall notify the manufacturer in writing of
the nonconformance penalty established under paragraph (a) of this
section after the completion of the PCA under Sec.86.1112-87.
(f) A manufacturer may request a hearing under Sec.86.1115-87 as
to whether the compliance level (including a compliance level in excess
of the upper limit) was determined in accordance with the procedures in
Sec.86.1112-87(a) or whether the nonconformance penalty was calculated
in accordance with the procedures in Sec.86.1113-87(a). If a
nonconformance penalty has been established, such hearing must be
requested within fifteen (15) days or such other period as may be
allowed by the Administrator after the notification of the
nonconformance penalty. If a manufacturer wishes to challenge a
compliance level in excess of the upper limit, he must request a hearing
within fifteen (15) days or such other period as may be allowed by the
Administrator after the completion of the Production Compliance Audit.
(g)(1) Except as provided in paragraph (g)(2) of this section, the
nonconformance penalty or penalties assessed under this subpart must be
paid as follows:
(i) By the quarterly due dates, i.e., within 30 days of the end of
each calendar quarter (March 31, June 30, September 30 and December 31),
or according to such other payment schedule as the Administrator may
approve pursuant to a manufacturer's request, for all nonconforming
engines or vehicles produced by a manufacturer in accordance with
paragraph (b) of this section and distributed into commerce for that
quarter.
(ii) The penalty shall be payable to U.S. Environmental Protection
Agency, NCP Fund, Motor Vehicle and Engine Compliance Program, P.O. Box
979032St. Louis, MO 63197-9000. Note on the check and supporting
information that this is an NCP payment.
(2) When a manufacturer has requested a hearing under Sec.86.1115-
87, it must pay the nonconformance penalty, and any interest, within ten
days after the Presiding Officer renders his decision, unless the
manufacturer first files a notice of intention to appeal to the
Administrator pursuant to Sec.86.1115-87(t)(1), or, if an appeal of
the Presiding Officer's decision is taken, within ten days after the
Administrator renders his decision, unless the manufacturer first files
a petition for judicial review.
(3) A manufacturer making payment under paragraph (g)(1) or (g)(2)
of this section shall submit the following information by each quarterly
due date to: Director, Manufacturers Operations Division, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. This information shall be submitted even if a
manufacturer has no NCP production in a given quarter.
(i) Corporate identification, identification and quantity of engines
or vehicles subject to the NCP, certificate identification (number and
date), NCP payment calculations and interest payment calculations, if
applicable.
(ii) The following statement and endorsement:
This information is submitted pursuant to section 206 of the Clean
Air Act. All information reported herein is, to the best of
------------------------------------------'s
(Company name)
knowledge, true and accurate. I am aware of the penalties associated
with violations of the Clean Air Act and the regulations thereunder.
________________________________________________________________________
(Authorized Company Representative)
(4) The Administrator may verify the production figures or other
documentation submitted under paragraph (g)(3) of this section.
(5)(i) Interest shall be assessed on any nonconformance penalty for
which payment has been withheld under Sec.86.113-87(g) (1) or (2).
Interest shall be calculated from the due date for the first quarterly
NCP payment, as determined under Sec.86.1113-87(g)(1), until either
the date on which the Presiding Officer or the Administrator renders the
final decision of the Agency under
[[Page 79]]
Sec.86.1115-87 or the date when an alternate payment schedule
(approved pursuant to Sec.86.1113-87(g)(1)) ends.
(ii) The combined principal plus interest on each quarterly NCP
payment withheld pursuant to Sec.86.1113-87(g) (1) or (2) shall be
calculated according to the formula:
QNCP(1 + R).25n
where:
QNCP=the quarterly NCP payment
R=the interest rate applicable to that quarter
n=the number of quarters for which the quarterly NCP payment is
outstanding.
(iii) The number of quarters for which payment is outstanding for
purposes of this paragraph shall be the number of quarterly NCP payment
due dates, as determined under Sec.86.1113-87(g)(1), which have
elapsed throughout the duration of a hearing request, or alternate
payment schedule.
(iv) The interest rate applicable to a quarter for purposes of this
paragraph shall be the rate published by the Secretary of the Treasury
pursuant to the Debt Collection Act of 1982 and effective on the date on
which the NCP payment was originally due.
(6) A manufacturer will be refunded an overpayment, or be permitted
to offset an overpayment by withholding a future payment, if approved in
advance by the Administrator. The government shall pay no interest on
overpayments.
(h) A manufacturer that certifies as a replacement for the
nonconforming configuration, a configuration that is in conformance with
applicable standards, and that performs a production compliance audit
(PCA) in accordance with Sec.86.1112-87(a) that results in a
compliance level below the applicable standard, will be eligible to
receive a refund of a portion of the engineering and development
component of the penalty. The engineering and development component will
be determined by multiplying the base penalty amount by the engineering
and development factor for the appropriate subclass and pollutant in
Sec.86.1105-87. The amount refunded will depend on the model year in
which the certification and PCA take place. In cases where payment of
penalties have been waived by EPA in accordance with paragraph
(g)(1)(iii) of this section, EPA will refund a portion of the
engineering and development component. The proportionate refund to be
paid by EPA will be based on the proportion of vehicles or engines of
the nonconforming configuration for which NCPs were paid to EPA. The
refund is calculated as follows:
Rtot=Dn x FE&D x NCP1 x
Prodtot
RCal=(ProdCal/Prodtot) x
(Rtot)
REPA=Rtot-RCal
Where:
n=index representing the number of model years for which the NCP has
been available for an engine or vehicle subclass (i.e., n=1
for the first year that NCPs are available, . . . , n=n for
the n\th\ year the NCPs are available; same as ``n'' in
paragraph (a)(4)).
Dn=discount factor depending on the number of model years (n)
for which NCPs were available at the time of certification and
PCA of the replacement configuration, and its value is as
follows:
D1=0.90
D2=0.79
D3=0.67
D4=0.54
D5=0.39
D6=0.23
D7=0.05
Dn=0.00 for n=8 or larger
FE&D=the engineering and development factor specified in
section 86.1105-87 for the appropriate subclass and pollutant
NCP1=the penalty for each engine or vehicle during the first
(base) year the NCP is available as calculated in paragraph
(a)
Prodtot=total number of engines or vehicles produced in the
subclass for which NCPs were paid to EPA or to the State of
California
ProdCal=number of engines or vehicles in the subclass
demonstrated to have been titled, registered or principally
used in the State of California and for which NCPs were paid
to the State of California under paragraph (g)(1)
Rtot=Total refund due to the manufacturer for the engineering
and development component of the NCP
RCal=Refund due to the manufacturer from the State of
California for the engineering and development component of
the NCP
REPA=Refund due to the manufacturer from EPA for the
engineering and development component of the NCP.
[50 FR 35388, Aug. 30, 1985, as amended at 50 FR 53467, Dec. 31, 1985;
53 FR 19134, May 26, 1988; 55 FR 46629, Nov. 5, 1990; 61 FR 51366, Oct.
2, 1996; 77 FR 54402, Sept. 5, 2012]
[[Page 80]]
Sec.86.1114-87 Suspension and voiding of certificates of conformity.
(a) The certificate of conformity is suspended with respect to any
engine or vehicle failing pursuant to paragraph (f) of Sec.86.1112-87
effective from the time that a fail decision is made for that engine or
vehicle.
(b) Once a certificate has been suspended for a failed engine or
vehicle as provided for in paragraph (a) of this section, the
manufacturer shall take the following actions:
(1) Before the certificate is reinstated for that failed engine or
vehicle,
(i) Remedy the nonconformity, and
(ii) Demonstrate that the engine or vehicle conforms to the
applicable standards or compliance levels by retesting the engine or
vehicle in accordance with these regulations; and
(2) Submit a written report to the Administrator within five working
days after successful completion of testing on the failed engine or
vehicle, which contains a description of the remedy and test results for
each engine or vehicle in addition to other information that may be
required by this regulation.
(c) The Administrator may suspend the certificate of conformity if
the manufacturer, after electing to conduct a PCA, fails to adhere to
the requirements stated in Sec.86.1106-87(b)(3), (b)(6)(iii), (c)(2),
or (c)(5)(iii).
(d) The Administrator may suspend the qualified certificate of
conformity issued under the conditions specified in Sec.86.1106-87 if
the manufacturer fails to adhere to the requirements stated in Sec.
86.1106-87(a)(3), (a)(4)(iii), (d)(2)(iii), or (d)(3).
(e) The Administrator may suspend the certificate of conformity or
the qualified certificate of conformity if the compliance level as
determined in Sec.86.1112-87(a) is in excess of the upper limit.
(f) The Administrator may void the certificate of conformity if the
compliance level as determined in Sec.86.1112-87(a) is in excess of
the upper limit and the manufacturer fails to recall any engines or
vehicles introduced into commerce pursuant to Sec.86.1106-
87(a)(4)(ii), (b)(6)(ii), (c)(5)(ii) or (d)(2)(ii).
(g) The Administrator may void the certificate of conformity for
those engines or vehicles for which the manufacturer fails to meet the
requirements of Sec.86.1106-87(a)(4)(i), (b)(6)(i), (c)(5)(i), or
(d)(2)(i).
(h) The Administrator shall notify the manufacturer in writing of
any suspension or voiding of a certificate of conformity in whole or in
part, except as provided for in paragraph (a) of this section.
(i) A certificate of conformity suspended or voided under paragaph
(c), (d), (e), (f) or (g) of this section may be reinstated after a
written request by the manufacturer and under such terms and conditions
as the Administrator may require and after the manufacturer demonstrates
compliance with applicable requirements.
(j) After the Administrator suspends or voids a certificate of
conformity pursuant to this section or notifies a manufacturer of his
intent to suspend or void a certificate of conformity under Sec.
86.087-30(e), and prior to the commencement of a hearing, if any, under
Sec.86.1115-87, if the manufacturer demonstrates to the
Administrator's satisfaction that the decision to suspend or void the
certificate was based on erroneous information, the Administrator shall
reinstate the certificate.
Sec.86.1115-87 Hearing procedures for nonconformance determinations
and penalties.
(a) Applicability. The procedures prescribed by this section shall
apply whenever a manufacturer requests a hearing pursuant to Sec.
86.087-30(e)(6)(i), Sec.86.087-30(e)(7), or Sec.86.1113-87(f).
(b) Definitions. The following definitions shall be applicable to
this section:
(1) Hearing Clerk shall mean the Hearing Clerk of the Environmental
Protection Agency.
(2) Manufacturer means a manufacturer contesting a compliance level
or penalty determination sent to the manufacturer.
(3) Party means the Agency and the manufacturer.
(4) Presiding Officer shall mean an Administrative Law Judge
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as
amended).
[[Page 81]]
(5) Environmental Appeals Board shall mean the Board within the
Agency described in Sec.1.25 of this title. The Administrator
delegates authority to the Environmental Appeals Board to issue final
decisions in appeals filed under this subpart. Appeals directed to the
Administrator, rather than to the Environmental Appeals Board, will not
be considered. This delegation of authority to the Environmental Appeals
Board does not preclude the Environmental Appeals Board from referring
an appeal or a motion filed under this subpart to the Administrator for
decision when the Environmental Appeals Board, in its discretion, deems
it appropriate to do so. When an appeal or motion is referred to the
Administrator, all parties shall be so notified and the rules in this
part referring to the Environmental Appeals Board shall be interpreted
as referring to the Administrator.
(c) Request for public hearing. (1) A manufacturer may request a
hearing pursuant to Sec.86.1113-87(f) if it disagrees with the
Administrator's determination of compliance level or penalty calculation
or both, or pursuant to Sec.86.085-30(e)(6)(i) or Sec.86.085-
30(e)(7) if it disagrees with the Administrator's proposed suspension or
voiding of a certificate of conformity. Requests for such a hearing
shall be filed no later than 15 days:
(i) After receipt of the Administrator's notification of NCP, if the
compliance level is in the allowable range of non-conformity, or
(ii) After completion of the Production Compliance Audit, if the
compliance level exceeds the upper limit, or
(iii) After receipt of the Administrator's notification of a
proposed suspension or voiding of a certificate of conformity if the
hearing is requested pursuant to Sec. Sec.86.085-30(e)(6)(i) or
86.085-30(e)(7), unless otherwise specified by the Administrator. The
manufacturer shall simultaneously serve two copies of this request upon
the Director of the Manufacturers Operations Division and file two
copies with the Hearing Clerk. Failure of the manufacturer to request a
hearing within the time provided constitutes a waiver of the right to a
hearing. Subsequent to the expiration of the period for requesting a
hearing as of right, the Administrator may, in his discretion and for
good cause shown, grant the manufacturer a hearing to contest the
compliance level or penalty calculation.
(2) The request for a public hearing shall contain:
(i) A statement as to which vehicle or engine subclasses or
configurations are to be the subject of the hearing;
(ii) A concise statement of the issues to be raised by the
manufacturer at the hearing for each vehicle or engine subclass or
configuration for which the manufacturer has requested the hearing.
Provided, however, That in the case of a hearing requested under Sec.
86.1113-87(f), the hearing shall be restricted to the following issues:
(A) Whether the compliance level was determined in accordance with
the procedures in Sec.86.1112-87(a); or
(B) Whether the penalty was calculated in accordance with the
procedures in Sec.86.1113-87(a).
(iii) A statement specifying reasons why the manufacturer believes
it will prevail on the merits on each of the issues so raised; and
(iv) A summary of the evidence which supports the manufacturer's
position on each of the issues so raised.
(3) A copy of all requests for public hearings shall be kept on file
in the Office of the Hearing Clerk and shall be made available to the
public during Agency business hours.
(d) Summary decision. (1) In the case of a hearing requested under
Sec.86.1113-87(f) when it clearly appears from the data and other
information contained in the request for a hearing that there is no
genuine and substantial question of fact with respect to the issues
specified in Sec.86.1115-87(c)(2)(ii), the Administrator will enter an
order denying the request for a hearing, and reaffirming the original
compliance level determination or penalty calculation.
(2) Any order issued under paragraph (d)(1) of this section shall
have the force and effect of a final decision of the Administrator, as
issued pursuant to paragraph (v)(4) of this section.
(3) If the Administrator determines that a genuine and substantial
question of fact does exist with respect to any of the issues referred
to in paragraph (d)(1) of this section, he shall
[[Page 82]]
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
[[Page 83]]
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.
[[Page 84]]
(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
[[Page 85]]
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
[[Page 86]]
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.
[[Page 87]]
(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
[[Page 88]]
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]
[50 FR 35388, Aug. 30, 1985, as amended at 50 FR 53467, Dec. 31, 1985;
55 FR 46630, Nov. 5, 1990; 57 FR 5333, Feb. 13, 1992]
Sec.86.1116-87 Treatment of confidential information.
(a) Any manufacturer may assert that some or all of the information
submitted pursuant to this subpart is entitled to confidential treatment
as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is
confidential, a manufacturer must indicate clearly the items of
information claimed confidential by marking, circling, bracketing,
stamping, or otherwise specifying the confidential information.
Furthermore, EPA requests, but does not require, that the submitter also
provide a second copy of its submittal from which all confidential
information has been deleted. If a need arises to publicly release
nonconfidential information, EPA will assume that the submitter has
accurately deleted the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Environmental Appeals Board only to the extent and by means of the
procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter, in accordance with 40 CFR
2.204(c)(2)(i)(A).
[50 FR 34798, Aug. 27, 1985, as amended at 57 FR 5334, Feb. 13, 1992]
Subpart M_Evaporative Emission Test Procedures for New Gasoline-Fueled,
Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled
Heavy-Duty Vehicles
Authority: Secs. 202, 206, 301, Clean Air Act as amended, 42 U.S.C.
7521, 7525, 7601.
Source: 48 FR 1456, Jan. 12, 1983, unless otherwise noted.
Sec.86.1201-90 Applicability.
(a) The provisions of this subpart are applicable to new gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-
fueled heavy-duty vehicles.
(b) Provisions of this subpart apply to tests performed by both the
Administrator and motor vehicle manufacturers.
(c) Test procedures and equipment other than those described in this
subpart may be used by the vehicle manufacturer if shown to yield
results which correlate with results yielded by those described in this
subpart (with the reference driving schedule described in Sec.86.1215-
85(a)) and if approved in advance by the Administrator.
[54 FR 14562, Apr. 11, 1989, as amended at 59 FR 48521, Sept. 21, 1994]
Sec.86.1202-85 Definitions.
Applicable definitions in Sec. Sec.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.
[[Page 89]]
Sec.86.1203-85 Abbreviations.
The abbreviations in Sec.86.079-3 apply to this subpart.
Sec.86.1204 Section numbering.
The section numbering system set forth in Sec.86.104 applies to
this subpart.
[59 FR 48521, Sept. 21, 1994]
Sec.86.1205-90 Introduction; structure of subpart.
(a) This subpart describes the equipment required and the procedures
to 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;
Sec. Sec.86.1216 through 86.1226 discuss calibration methods and
frequency; test procedures and data requirements are listed in
Sec. Sec.86.1227 through 86.1246.
[54 FR 14562, Apr. 11, 1989, as amended at 58 FR 16047, Mar. 24, 1993;
59 FR 48521, Sept. 21, 1994]
Sec.86.1206-96 Equipment required; overview.
This subpart specifies procedures for testing of gasoline-fueled,
natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled
heavy-duty vehicles. Equipment required and specifications are as
follows:
(a) Evaporative emission tests. Section 86.1207 specifies the
necessary equipment.
(b) Fuel, analytical gas, and driving schedule specifications. Fuel
specifications for emission testing and for service accumulation are
specified in Sec.86.1213. Analytical gases are specified in Sec.
86.1214. Evaporative testing requires vehicle operation on a chassis
dynamometer. The driving cycle is specified in Sec.86.1215.
[58 FR 16047, Mar. 24, 1993, as amended at 59 FR 48521, Sept. 21, 1994;
65 FR 59957, Oct. 6, 2000]
Sec.86.1207-96 Sampling and analytical systems; evaporative emissions.
(a) Testing enclosures--(1) Diurnal emission test. The enclosure
shall be readily sealable, rectangular in shape, with space for
personnel access to all sides of the vehicle. When sealed, the enclosure
shall be gas tight in accordance with Sec.86.1217-96. Interior
surfaces must be impermeable and nonreactive to hydrocarbons (and to
methanol, if the enclosure is used for methanol-fueled vehicles). The
temperature conditioning system shall be capable of controlling the
internal enclosure air temperature to follow the prescribed temperature
versus time cycle as specified in Sec.86.1233-96 and appendix II of
this part, within an instantaneous tolerance of 3.0 [deg]F of the nominal temperature versus time
profile throughout the test, and an average tolerance of 2.0 [deg]F over
the duration of the test (where the average is calculated using the
absolute value of each measured deviation). The control system shall be
tuned to provide a smooth temperature pattern that has a minimum of
overshoot, hunting, and instability about the desired long-term ambient
temperature profile. Interior surface temperatures shall not be less
than 40 [deg]F at any time during the diurnal emission test. To
accommodate the volume changes due to enclosure temperature changes,
either a variable-volume or fixed-volume enclosure may be used for
diurnal emission testing:
(i) Variable-volume enclosure. The variable-volume enclosure expands
and contracts in response to the temperature change of the air mass in
the enclosure. Two potential means of accommodating the internal volume
changes are moveable panel(s), or a bellows design, in which impermeable
bag(s) inside the enclosure expand and contract in response to internal
pressure changes by exchanging air from outside the enclosure. Any
design for volume accommodation must maintain the integrity of the
enclosure as specified in Sec.86.1217-96 over the specified
temperature range. Any method of volume accommodation shall limit the
differential between the enclosure internal pressure and the barometric
pressure to a maximum value of 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
[[Page 90]]
Sec.86.1217-96(b)), accounting for temperature and barometric pressure
variation during testing.
(ii) Fixed-volume enclosure. The fixed-volume enclosure shall be
constructed with rigid panels that maintain a fixed enclosure volume,
and meet the following requirements.
(A) The enclosure shall be equipped with a mechanism to maintain a
fixed internal air volume. This may be accomplished either by
withdrawing air at a constant rate and providing makeup air as needed,
or by reversing the flow of air into and out of the enclosure in
response to rising or falling temperatures. If inlet air is added
continuously throughout the test, it should be filtered with activated
carbon to provide a relatively low and constant hydrocarbon level. Any
method of volume accommodation shall maintain the differential between
the enclosure internal pressure and the barometric pressure to a maximum
value of 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 Sec.86.1217-96. The enclosure may be equipped with a personnel
door, provided that the enclosure can still meet the requirements of
Sec.86.1217-96 with the door installed. Interior surfaces must be
impermeable and nonreactive to hydrocarbons and to methanol (if the
enclosure is used for methanol-fueled vehicles). Interior surface
temperatures shall not be less than 40 [deg]F. If a running loss
enclosure meets all the requirements of paragraph (a)(1) of this
section, it may be used as a diurnal evaporative emission enclosure. The
enclosure must contain a dynamometer that meets the requirements of
Sec.86.1208. Provisions shall be made to remove exhaust gases from the
enclosure. During the running loss test, ambient temperatures must be
maintained at 955 [deg]F (952 [deg]F on average). An air or oxygen cylinder with an
attached self-contained breathing apparatus may be provided for the
vehicle operator. The air required for vehicle operation shall be
provided by one of the following methods:
(i) The running loss enclosure may be equipped to supply air to the
vehicle, at a temperature of 955 [deg]F, from
sources outside of the running loss enclosure directly into the
operating engine's air intake system. Supplemental air requirements
(e.g., for an air pump) shall be supplied by drawing air from the engine
intake source.
(ii) If it is shown to yield equivalent or superior results, the
running loss enclosure may be designed with an air makeup system that
brings outside air into the enclosure to accommodate the aspiration
needs of the engine and any auxiliary devices. The makeup air shall be
monitored to establish the background hydrocarbon levels (or hydrocarbon
and methanol, levels, if applicable) of the makeup air. A filter may be
used to provide dry air with a stable concentration of background
hydrocarbon. The makeup-air vent shall be readily sealable for
calibration of the enclosure and other purposes. For calculation of
running loss emissions, it may be assumed that the hydrocarbon and
methanol concentration in the air consumed by the vehicle is the same as
that of the rest of the air in the enclosure.
(3) Hot soak test. The hot soak test may be conducted by holding the
vehicle in an enclosure that meets the requirements for either diurnal
emission or running loss tests. The enclosure shall be configured to
provide an internal enclosure ambient temperature of 9510 [deg]F for the first 5 minutes, and 955 [deg]F (952 [deg]F on average)
for the remainder of the hot soak test.
[[Page 91]]
(i) If the hot soak test is conducted in the same enclosure as the
immediately preceding running loss test, interior surface temperatures
shall not be below 70 [deg]F for the last 55 minutes of the hot soak
test.
(ii) If the hot soak test is not conducted in the same enclosure as
the immediately preceding running loss test, interior surface
temperatures shall not be below 70 [deg]F for the duration of the hot
soak test.
(b) Evaporative emission hydrocarbon and methanol analyzers. (1) For
gasoline-, liquefied petroleum gas-, natural gas- and methanol-fueled
vehicles a hydrocarbon analyzer utilizing the hydrogen flame ionization
principle (FID) shall be used to monitor the atmosphere within the
enclosure (a heated FID (HFID)(235[deg] 15 [deg]F
(113 8 [deg]C)) is recommended for methanol-fueled
vehicles). Provided evaporative emission results are not affected, a
probe may be used to detect or verify hydrocarbon sources during a
running loss test. Instrument bypass flow may be returned to the
enclosure. The FID shall have a response time to 90 percent of final
reading of less than 1.5 seconds.
(2) For methanol-fueled vehicles, a methanol sampling and analyzing
system is required in addition to the FID analyzer. The methanol
sampling equipment shall consist of impingers for collecting the
methanol sample and appropriate equipment for drawing the sample through
the impingers. The analytical equipment shall consist of a gas
chromatograph equipped with a flame ionization detector.
(3) The methanol sampling system described in paragraph (b)(2) of
this section shall be designed such that, if a test vehicle emitted the
maximum allowable level of methanol (based on all applicable standards)
during any phase of the test, the measured concentration in the primary
impinger would exceed either 25 mg/l or a concentration equal to 25
times the limit of detection for the GC analyzer, and such that the
primary impinger collects at least 90 percent of the analyte in the
samples. The remaining analyte shall be collected by the secondary
impinger. The provisions of this paragraph apply to the design of
sampling systems, not to individual tests.
(c) Evaporative emission hydrocarbon and methanol data recording
system. (1) The electrical output of the FID used for measuring
hydrocarbons (or hydrocarbons plus methanol, as appropriate) shall be
recorded at least at the initiation and termination of each running loss
and hot soak test, and at least at the initiation and termination of the
enclosure sampling period(s) for the diurnal emission test, as described
in Sec.86.1233. The recording may be taken by means of a strip chart
potentiometric recorder, by use of an on-line computer system or other
suitable means. In any case, the recording system must have operational
characteristics (signal-to-noise ratio, speed of response, etc.)
equivalent to or better than those of the signal source being recorded,
and must provide a permanent record of results. The record shall show a
positive indication of the initiation and completion of each hot soak,
running loss, or diurnal emission test (including initiation and
completion of sampling period(s)), along with the time elapsed during
each soak.
(2) For the methanol sample, permanent records shall be made of the
following: the volumes of deionized water introduced into each impinger,
the rate and time of sample collection and the chromatogram of the
analyzed sample.
(d) Fuel temperature control system. Fuel temperatures of the test
vehicle shall be controlled, as specified in Sec.86.1234(g)(1)(xv),
with the following combination of fans. The control system shall be
tuned and operated to provide a smooth and continuous fuel temperature
profile that is representative of the on-road temperature profile. The
running loss test configuration should be designed to avoid heating or
cooling the fuel tank's vapor space in a way that would cause vapor
temperature behavior to be unrepresentative of the vehicle's on-road
profile.
(1) A vehicle cooling fan shall discharge air to the front of the
vehicle. The fan shall be a road-speed modulated fan that is controlled
to a discharge velocity that follows the dynamometer roll speed, at
least up to speeds of 30 mph, throughout the driving cycle. If a warning
light or gauge indicates that the vehicle's engine coolant has
overheated, subsequent
[[Page 92]]
test runs on the that vehicle must include a vehicle cooling fan that
follows the dynamometer roll speed at all speeds throughout the test
cycle. The fan may direct airflow to both the vehicle radiator air
inlet(s) and the vehicle underbody.
(2) An additional fan may be used to discharge airflow from the
front of the vehicle directly to the vehicle underbody to control fuel
temperatures. Such a fan shall provide a total discharge airflow not to
exceed 8,000 cfm.
(3) Additional fans may be used to route heating or cooling air
directly at the bottom of the vehicle's fuel tank. The air supplied to
the tank shall be between 85[deg] and 160 [deg]F, with a total discharge
airflow not to exceed 4,000 cfm. For exceptional circumstances,
manufacturers may direct up to 6,000 cfm at the bottom of the fuel tank
with the advance approval of the Administrator.
(4) Direct fuel heating may be needed for canister preconditioning,
as specified in Sec.86.1232(j)(2). Also, under exceptional
circumstances in which airflow alone is insufficient to control fuel
temperatures during the running loss test, direct fuel tank heating may
be used (see Sec.86.1234-96(g)(1)(xv)). The heating system must not
cause hot spots on the tank wetted surface that could cause local
overheating of the fuel. Heat must not be applied directly to the tank's
vapor space, nor to the liquid-vapor interface.
(e) Temperature recording system. A strip chart potentiometric
recorder, an on-line computer system, or other suitable means shall be
used to record enclosure ambient temperature during all evaporative
emission test segments, as well as vehicle fuel tank temperature during
the running loss test. The recording system shall record each
temperature at least once every minute. The recording system shall be
capable of resolving time to 15 s and capable of
resolving temperature to 0.75 [deg]F (0.42 [deg]C). The temperature recording system (recorder
and sensor) shall have an accuracy of 3 [deg]F
(1.7 [deg]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 Sec.86.1230-96.
(f) Pressure recording system. A strip chart potentiometric
recorder, an on-line computer system, or other suitable means, shall be
used to record the enclosure gage pressure for any testing in an
enclosure, as well as the vehicle's fuel tank pressure during the
running loss test and the outdoor driving procedure specified in Sec.
86.1229-85(d). Fuel tank pressure measurement and recording equipment
are optional during the running loss test. The recording system shall
record each pressure at least once every minute. The recording system
shall be capable of resolving time to 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.
[[Page 93]]
(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
Sec.86.108. During the running loss test, ambient temperatures must be
maintained at 95 5 [deg]F (95 2 [deg]F on average). An air or oxygen cylinder with an
attached self-contained breathing apparatus may be provided for the
vehicle operator.
(1) The running loss vapor vent collection system shall be
configured to collect all running loss emissions from each of the
discrete point sources that function as vehicle fuel system vapor vents,
and transport the collected vapor emissions to a CFV- or PDP-based
dilution and measurement system. The collection system shall consist of
a collector at each vehicle vapor vent, lengths of heated sample line
connecting each collector to the inlet of the heated sample pump, and
lengths of heated sample line connecting the outlet of the heated sample
pump to the inlet of the running loss fuel vapor sampling system. Up to
3 feet of unheated line connecting each of the vapor collectors to the
heated sample lines shall be allowed. Each heated sample pump and its
associated sample lines shall be maintained at a temperature between 175
[deg]F and 200 [deg]F to prevent condensation of fuel vapor in the
sample lines. The heated sample pump(s) and its associated flow controls
shall be configured and operated to draw a flow of ambient air into each
collector at a flow rate of at least 0.67 cfm. The flow controls on each
heated sampling system shall include an indicating flow meter that
provides an alarm output to the data recording system if the flow rate
drops below 0.67 cfm by more than 5 percent. The collector inlet for
each discrete vapor vent shall be placed in proximity to the vent as
necessary to capture any fuel vapor emissions without significantly
affecting flow or pressure of the normal action of the vent. The
collector inlets shall be designed to interface with the configuration
and orientation of each specific vapor vent. For vapor vents that
terminate in a tube or hose barb, a short length of tubing of an inside
diameter larger throughout its length than the inside diameter of the
vent outlet may be used to extend the vent into the mouth of the
collector. For those vapor vent designs that are not compatible with
such collector configurations, the vehicle manufacturer shall supply a
collector that is configured to interface with the vapor vent design and
that terminates in a fitting that is capable of capturing all vapor
emitted from the vent. The Administrator may test for running losses by
the point-source method without heating sample lines or pumps.
[[Page 94]]
(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 [deg]F of the designed operating temperature at the
start of the test. The gas mixture temperature variation from its value
at the start of the test shall be limited to 10
[deg]F during the entire test. The temperature measuring system shall
have an accuracy and precision of 2 [deg]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 [deg]F and a response time of 0.100
seconds of 62.5 percent of a temperature change (as measured in hot
silicone oil).
(B) The pressure measuring system shall have an accuracy and
precision of 1.6 inches of water (0.4 kPa).
(C) The flow capacity of the CVS shall not exceed 350 cfm.
(D) Sample collection bags for dilution air and running loss fuel
vapor samples shall be of sufficient size so as not to impede sample
flow.
(3) An on-line computer system or strip-chart recorder shall be used
to record the following additional parameters during the running loss
test sequence:
(i) CFV (if used) inlet temperature and pressure.
(ii) PDP (if used) inlet temperature, pressure, and differential
pressure.
[58 FR 16047, Mar. 24, 1993, as amended at 59 FR 48521, Sept. 21, 1994;
60 FR 34358, June 30, 1995; 60 FR 43898, Aug. 23, 1995]
Sec.86.1213-08 Fuel specifications.
The test fuels listed in 40 CFR part 1065, subpart H, shall be used
for evaporative emission testing.
[70 FR 40437, July 13, 2005]
Sec.86.1213-94 Fuel specifications.
Use the fuels specified in subpart N of this part for evaporative
emission testing.
[71 FR 51487, Aug. 30, 2006]
Sec.86.1214-85 Analytical gases.
(a) Analyzer gases. (1) Gases for the hydrocarbon analyzer shall be:
(i) Single blends of propane using air as the diluent; and
[[Page 95]]
(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.
[48 FR 1456, Jan. 12, 1983, as amended at 60 FR 34359, June 30, 1995]
Sec.86.1215-85 EPA heavy-duty vehicle (HDV) urban dynamometer driving
schedule.
(a)(1) The EPA dynamometer driving schedule for heavy-duty vehicles
is a 1060 second transient speed versus time cycle which is designed to
simulate gasoline-fueled HDV operation in urban areas. A second by
second listing of this schedule is given in appendix I(d) of this part.
Thirty-three percent of the cycle is idle operation, and the average
vehicle speed is 18.9 mph (30.4 km/hr). The Administrator will use this
driving schedule when conducting evaporative emission tests, as
described in Sec.86.1230-96.
(2) For evaporative emission testing of heavy-duty vehicles a
manufacturer may optionally use the dynamometer driving schedule for
light-duty vehicles and light-duty trucks specified in appendix I(a) of
this part. This driving schedule may not be used for exhaust emissions
testing of heavy-duty vehicles. If the manufacturer chooses to use this
option, the Administrator will use this driving schedule when conducting
evaporative emission tests, as described in Sec.86.1230-96.
(b) The driver should attempt to follow the target schedule as
closely as possible. The speed tolerance at any given time for these
schedules, or for a driver's aid chart approved by the Administrator,
are as follows:
(1) The upper limit is 4 mph (6.4 km/h) higher than the highest
point on the trace within 1 second of the given time.
(2) The lower limit is 4 mph (6.4 km/h) lower than the lowest point
on the trace within 1 second of the given time.
(3)(i) Speed variations greater than the tolerances (such as may
occur during gear changes or braking spikes) are acceptable, provided
they occur for less than 2 seconds on any occasion and are clearly
documented as to the time and speed at that point of the driving
schedule.
(ii) When conducted to meet the requirements of Sec.86.1229, up to
three additional occurrences of speed variations greater than the
tolerance are
[[Page 96]]
acceptable, provided they occur for less than 15 seconds on any
occasion, and are clearly documented as to the time and speed at that
point of the driving schedule.
(4) Speeds lower than those prescribed are acceptable, provided the
vehicle is operated at maximum available power during such occurrences.
[48 FR 1456, Jan. 12, 1983, as amended at 58 FR 16050, Mar. 24, 1993; 65
FR 59957, Oct. 6, 2000]
Sec.86.1216-90 Calibrations; frequency and overview.
(a) Calibrations shall be performed as specified in Sec. Sec.
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 Sec.86.1221). Certain
analyzers may require more frequent calibration depending on particular
equipment and uses.
(2) Calibrate the dynamometer. If the dynamometer receives a weekly
performance check (and remains within calibration) the monthly
calibration need not be performed (see Sec.86.1218).
(3) Perform a hydrocarbon retention check and calibration on the
evaporative emission enclosure (see Sec.86.1217).
(d) At least twice annually or after any maintenance perform a
methanol retention check and calibration on the evaporative emission
enclosure (see Sec.86.1217).
(e) Calibrate the methanol analyzer as often as required by the
manufacturer or as necessary according to good practice.
[54 FR 14564, Apr. 11, 1989, as amended at 60 FR 34359, June 30, 1995]
Sec.86.1217-96 Evaporative emission enclosure calibrations.
The calibration of evaporative emission enclosures consists of three
parts: initial and periodic determination of enclosure background
emissions (hydrocarbons and methanol); initial determination of
enclosure internal volume; and periodic hydrocarbon and methanol
retention check and calibration. Methanol measurements may be omitted if
methanol-fueled vehicles will not be tested in the evaporative
enclosure. Alternate calibration methods may be used if shown to yield
equivalent or superior results, and if approved in advance by the
Administrator; specifically, more extreme temperatures may be used for
determining calibration without affecting the validity of test results.
(a) Initial and periodic determination of enclosure background
emissions. Prior to its introduction into service, annually thereafter,
and after any repair that can affect the enclosure background emissions,
the enclosure shall be checked to determine that it does not contain
materials that will themselves emit hydrocarbons or methanol. When
methanol as well as hydrocarbons are present in the evaporative
enclosure, the HFID hydrocarbon concentration measurement includes the
partial response of the HFID to methanol plus the hydrocarbons.
Determination of the HFID response to methanol, Sec.86.1221, prior to
its being placed in service is required for the determination of
hydrocarbons. Proceed as follows:
(1) Prepare the enclosure. (i) Variable-volume enclosures may be
operated in either latched or unlatched volume configuration, as
described in paragraph (b)(1) of this section. Ambient temperatures
shall be maintained at 963 [deg]F throughout the
4-hour period.
(ii) Fixed-volume enclosures may be operated with inlet and outlet
flow streams either closed or open; if inlet and outlet flow streams are
open, the air flowing into and out of the enclosure must be monitored in
accordance with Sec.86.107-96(a)(1)(ii)(B). Ambient temperatures shall
be maintained at 963 [deg]F throughout the 4-hour
period.
(iii) For running loss enclosures ambient temperatures shall be
maintained at 953 [deg]F throughout the 4-hour
period. For running loss enclosures designed with a vent for makeup air,
the enclosure shall be operated with the vent closed.
(2) The enclosure may be sealed and the mixing fan operated for a
period of
[[Page 97]]
up to 12 hours before the 4-hour background sampling period begins.
(3) Zero and span (calibrate if required) the hydrocarbon analyzer.
(4) Prior to the background determination, purge the enclosure until
a stable background hydrocarbon reading is obtained.
(5) Turn on the mixing blower (if not already on).
(6) Seal enclosure and measure background hydrocarbon concentration,
background methanol, temperature, and barometric pressure. These are the
initial readings CHCi, CCH3OHi, and
PBi, Ti for the enclosure background
determination.
(7) Allow the enclosure to stand undisturbed for four hours.
(8) Measure the hydrocarbon concentration on the same FID and the
methanol level. These are the final concentrations, CHCf and
CCH3OHf. Also measure final temperature and
barometric pressure.
(9) Calculate the mass change of methanol, hydrocarbons, and
hydrocarbons plus methanol in the enclosure according to the equations
in paragraph (d) of this section.
(i) Diurnal enclosures. The enclosure background emissions
(hydrocarbons plus methanol) shall not be greater than 0.05g for the 4
hours.
(ii) Running loss enclosures. The enclosure background emissions
(hydrocarbons plus methanol) shall not be greater than 0.2 grams for the
4 hours.
(b) Initial determination of enclosure internal volume. Prior to its
introduction into service the enclosure internal volume shall be
determined by the following procedure:
(1) Carefully measure the internal length, width and height of the
enclosure, accounting for irregularities (such as braces) and calculate
the internal volume. For variable-volume enclosures, latch the enclosure
to a fixed volume when the enclosure is held at a constant temperature;
this nominal volume shall be repeatable within 0.5
percent of the reported value.
(2)-(3) [Reserved]
(c) Hydrocarbon and methanol (organic gas) retention check and
calibration. The hydrocarbon and methanol (if the enclosure is used for
methanol-fueled vehicles) retention check provides a check upon the
calculated volume and also measures the leak rate. The enclosure leak
rate shall be determined prior to its introduction into service,
following any modifications or repairs to the enclosure that may affect
the integrity of the enclosure, and at least monthly thereafter. If six
consecutive monthly retention checks are successfully completed without
corrective action, the enclosure leak rate may be determined quarterly
thereafter as long as no corrective action is required.
(1) An enclosure to be used for the diurnal emission test (see Sec.
86.1233-96) shall be calibrated according to the following procedure.
Calibration for hydrocarbon and methanol may be conducted simultaneously
or in sequential test runs.
(i) Zero and span (calibrate if required) the hydrocarbon analyzer.
(ii) Purge the enclosure until a stable background hydrocarbon
reading is obtained.
(iii) Turn on the mixing blowers (if not already on).
(iv) [Reserved]
(v) Turn on the ambient temperature control system (if not already
on) and adjust it for an initial temperature of 96 [deg]F (36 [deg]C).
On variable-volume enclosures, latch the enclosure to the appropriate
volume position for the set temperature. On fixed-volume enclosures
close the outlet and inlet flow streams.
(vi) When the enclosure stabilizes at 963
[deg]F (362 [deg]C), seal the enclosure and
measure background hydrocarbon concentration, background methanol,
temperature, and barometric pressure. These are the initial readings
CHCi, CCH3OHi, Ti, and
PBi for the enclosure calibration.
(vii) Inject into the enclosure 2 to 6 grams of pure methanol at a
temperature of at least 150 [deg]F (65 [deg]C) and/or 2 to 6 grams of
pure propane. The injected quantity may be measured by volume flow or by
mass measurement. The method used to measure the quantity of methanol
and propane shall have an accuracy of 0.2 percent
of the measured value (less accurate methods may be used with the
advance approval of the Administrator).
[[Page 98]]
(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 [deg]F to 72
[deg]F and back to 96 [deg]F over a 24-hour period, according to the
profile specified in Sec.86.1233-96 and appendix II of this part,
within 15 minutes of sealing the enclosure.
(xii) At the completion of the 24-hour cycling period, analyze the
enclosure atmosphere for hydrocarbon and methanol content; determine the
net withdrawn methanol (in the case of diurnal emission testing with
fixed-volume enclosures); record temperature and barometric pressure.
These are the final readings for the hydrocarbon and methanol retention
check. The final hydrocarbon and methanol mass, calculated in paragraph
(d) of this section, shall be within 3 percent of that determined in
paragraph (c)(1)(viii) of this section. (For calendar years through
1995, the difference may exceed 3 percent for
methanol, provided it does not exceed 6 percent.)
(2) An enclosure to be used for the running loss test (see Sec.
86.1234-96) shall meet the calibration and retention requirements of
Sec.86.1217-90(c).
(3) Enclosures calibrated according to the procedures specified in
either paragraph (c)(1) or (c)(2) of this section may be used for hot
soak testing (see Sec.86.1238).
(4) The Administrator, upon request, may waive the requirement to
comply with 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:
[GRAPHIC] [TIFF OMITTED] TR06OC93.120
Where:
(i) MCH3OH=Methanol mass change, [micro]g.
(ii) V=Enclosure volume, ft\3\, as measured in paragraph (b)(1) of
this section.
(iii) [Reserved]
(iv) [Reserved]
(v) VE=Volume of sample withdrawn, ft\3\. Sample volumes
must be corrected for differences in temperature to be consistent with
determination of Vn, prior to being used in the equation.
[[Page 99]]
(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,
[micro]g.
(xiv) MCH3OH,in=mass of methanol entering the enclosure,
in the case of fixed-volume enclosures for diurnal emission testing,
[micro]g.
(2) The hydrocarbon mass change is calculated from the initial and
final FID readings of hydrocarbon concentration, methanol concentration
with FID response to methanol, temperature, and pressure according to
the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.121
Where:
(i) MHC=Hydrocarbon mass change, g.
(ii) CHC=FID hydrocarbon concentration as ppm carbon
including FID response to methanol in the sample.
(iii) CCH3OH=Methanol concentration as ppm carbon
[GRAPHIC] [TIFF OMITTED] TR06OC93.122
(iv) V=Enclosure volume ft\3\ (m\3\), as measured in paragraph
(b)(1) of this section.
(v) r=FID response factor to methanol.
(vi) PB=Barometric pressure, in. Hg. (kPa).
(vii) T=Enclosure ambient temperature, R(K).
(viii) i=Indicates initial reading.
(ix) f=Indicates final reading.
(x)(A) k=3.05.
(B) For SI units, k=17.60.
(xi) MHC,out=mass of hydrocarbon exiting the enclosure,
in the case of fixed-volume enclosures for diurnal emission testing, g.
(xii) MHC,in=mass of hydrocarbon entering the enclosure,
in the case of fixed-volume enclosures for diurnal emission testing, g.
(3) For variable-volume enclosures, defined in Sec.
86.1207(a)(1)(i), the following simplified form of the hydrocarbon mass
change equation may be used:
[GRAPHIC] [TIFF OMITTED] TR06OC93.123
[[Page 100]]
(e) Calibration of equipment for point-source testing of running
losses. For the point-source method, the running loss fuel vapor
sampling system shall be calibrated as a CVS system, as specified in
Sec.86.119, with the additional specification that the vapor sampling
system verification be conducted as follows:
(1) The following ``gravimetric'' technique can be used to verify
that the vapor sampling system and analytical instruments can accurately
measure a mass of gas that has been injected into the system. If the
vapor sampling system will be used only in the testing of petroleum-
fueled engines, system verification may be performed using propane. If
the vapor sampling system will be used with methanol-fueled vehicles as
well as petroleum-fueled vehicles, the system verification performance
check must include a methanol check in addition to the propane check.
(Verification can also be accomplished by constant flow metering using
critical flow orifice devices.)
(i) Obtain a small cylinder that has been charged with pure propane
gas. Obtain another small cylinder that has been charged with pure
methanol if the system will be used for methanol-fueled vehicle testing.
Since this cylinder will be heated to 150-155 [deg]F, care must be taken
to ensure that the liquid volume of methanol placed in the cylinder does
not exceed approximately one-half of the total volume of the cylinder.
(ii) Determine a reference cylinder weight to the nearest 0.01
grams.
(iii) Operate the vapor sampling system in the normal manner and
release a known quantity of pure propane into the most frequently used
fuel vapor collector during the sampling period (approximately 5
minutes).
(iv) Continue to operate the vapor sampling system in the normal
manner and release a known quantity of pure methanol into the system
during the sampling period (approximately 5 minutes).
(v) The calculations of Sec.86.1244 are performed in the normal
way, except in the case of propane. The density of propane (17.30 g/
ft\3\/carbon atom (0.6109 kg/m\3\/carbon atom)) is used in place of the
density of exhaust hydrocarbons. In the case of methanol, the density of
37.71 g/ft\3\ (1.332 kg/m\3\) is used.
(vi) The gravimetric mass is subtracted from the vapor sampling
system measured mass and then divided by the gravimetric mass to
determine the percent accuracy of the system.
(vii) The cause for any discrepancy greater than 2 percent must be found and corrected.
(2) This procedure shall be conducted in the point-source running
loss test environment with the collector installed in a vehicle in the
normal test configuration. The fuel of the test vehicle shall either be
diesel, or it shall be kept under 100 [deg]F (38 [deg]C). Two to six
grams of pure propane and two to six grams of pure methanol shall be
injected into the collector while the vehicle is operated over one
Heavy-Duty Vehicle Urban Dynamometer Driving Schedule, as described in
Sec.86.1215 and appendix I of this part. The propane and methanol
injections shall be conducted at the ambient temperature of 955 [deg]F (353 [deg]C).
[58 FR 16050, Mar. 24, 1993, as amended at 60 FR 34360, June 30, 1995;
60 FR 43900, Aug. 23, 1995]
Sec.86.1218-85 Dynamometer calibration.
(a) The dynamometer shall be calibrated at least once each month or
performance verified at least once each week and then calibrated as
required. The calibration shall consist of the manufacturer's
recommended calibration procedure plus a determination of the
dynamometer frictional power absorption. If the dynamometer is to be
used for driving only the reference (transient) schedule, the frictional
power absorption needs to be determined only at 50.0 mph (80.5 km/hr).
If the dynamometer is to be used for driving the steady-state cycle, the
frictional power absorption needs to be determined through the range of
15 to 50 mph. One method for determining dynamometer frictional power
absorption at 50.0 mph (80.5 km/hr) is described below. The same general
method can be used at other speeds. Other methods may be used if shown
to yield equivalent results. The measured absorbed road power includes
the dynamometer friction as well as the power absorbed
[[Page 101]]
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:
HPd = (\1/2\) (W/32.2) (V1\2\--V2\2\)/
550t
Where:
HPd = Power, horsepower (kilowatts)
W = Equivalent inertia, lb (kg)
V 1 = Initial velocity, ft/s (m/s) (55 mph = 88.5 km/h =
80.67 ft/s = 24.58 m/s)
V2 = Final velocity, ft/s (m/s) (45 mph = 72.4 km/h = 66 ft/s
= 20.11 m/s)
t = Elapsed time for rolls to coast from 55 mph to 45 mph (88.5 to 72.4
km/hr).
(Expressions in parenthesis are for SI units). When the coastdown is
from 55 to 45 mph (88.5 to 72.4 km/hr) the above equation reduces to:
HPd = 0.06073 (W/t)
For SI units:
HP d = 0.09984 (W/t)
The total road load power actually absorbed by the dynamometer is
the sum of the absorbed road load power of each roll assembly.
Sec.86.1221-90 Hydrocarbon analyzer calibration.
The FID hydrocarbon analyzer shall receive the following initial and
periodic calibrations.
(a) Initial and periodic optimization of detector response. Prior to
its introduction into service and at least annually thereafter, the FID
hydrocarbon analyzer shall be adjusted for optimum hydrocarbon response.
(The HFID used with methanol-fueled vehicles shall be operated at
235[deg] 15 [deg]F (113[deg] 8 [deg]C)). Analyzers used with gasoline-fuel and
liquefied petroleum gas-fuel shall be optimized using propane. Analyzers
used with natural gas-fuel may be optimized using methane, or if
calibrated using propane the FID response to methane shall be determined
and applied to the FID hydrocarbon reading. Alternate methods yielding
equivalent results may be used, if approved in advance by the
Administrator.
[[Page 102]]
(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 Sec.86.114.
(1) The bag sample of methanol for analysis in the FID, if used,
shall be prepared using the apparatus shown in Figure M90-1. A known
volume of methanol is injected, using a microliter syringe, into the
heated mixing zone (250 [deg]F (121 [deg]C) of the apparatus. The
methanol is vaporized and swept into the sample bag with a known volume
of zero grade air measured by a gas flow meter with an accuracy of
2 percent.
[[Page 103]]
[GRAPHIC] [TIFF OMITTED] TR06OC93.184
(2) The bag sample is analyzed using the FID.
(3) The FID response factor, r, is calculated as follows:
r = FIDppm/SAMppm
Where:
(i) r = FID response factor.
[[Page 104]]
(ii) FIDppm = FID reading in ppmC.
(iii) SAMppm=methanol concentration in the sample bag, or gas
bottle, in ppmC. SAMppm for sample bags:
[GRAPHIC] [TIFF OMITTED] TR06OC93.124
Where:
(iv) 0.02406 = Volume of one mole at 29.92 in Hg and 68 [deg]F,
m\3\.
(v) Fuel injected = Volume of methanol injected, ml.
(vi) Fuel density = Density of methanol, 0.7914 g/ml.
(vii) Air volume = Volume of zero grade air, m\3\.
(viii) Mol. Wt. CH3OH = 32.04.
(d) The gas chromatograph used in the analysis of methanol samples
shall be calibrated at least monthly following manufacturers'
recommended procedures (certain equipment may require more frequent
calibration based on use and good engineering judgment).
(e) FID response factor to methane. When the FID analyzer to be used
for the analysis of natural gas-fueled vehicle hydrocarbon samples has
been calibrated using propane, the methane response factor of the
analyzer shall be established. To determine the total hydrocarbon FID
response to methane, known methane in air concentrations traceable to
National Institute of Standards and Technology (NIST) shall be analyzed
by the FID. Several methane concentrations shall be analyzed by the FID
in the range of concentrations in the exhaust sample. The total
hydrocarbon FID response to methane is calculated as follows:
rCH4 = FIDppm/SAMppm
Where:
(1) rCH4 = FID response factor to methane.
(2) FIDppm = FID reading in ppmC.
(3) SAMppm = the known methane concentration in ppmC.
[54 FR 14566, Apr. 11, 1989, as amended at 59 FR 48523, Sept. 21, 1994;
60 FR 34361, June 30, 1995]
Sec.86.1226-85 Calibration of other equipment.
Other test equipment used for testing shall be calibrated as often
as required by the manufacturer or as necessary according to good
practice.
Sec.86.1227-96 Test procedures; overview.
(a) The overall test consists of prescribed sequences of fueling,
parking, and operating conditions. Vehicles are tested only for
evaporative emissions.
(b) The evaporative emission test (gasoline-fueled, natural gas-
fueled, liquefied petroleum gas-fueled, and methanol-fueled vehicles) is
designed to determine hydrocarbon and/or methanol evaporative emissions
as a consequence of diurnal temperature fluctuation urban driving and
hot soaks during engine-off periods. It is associated with a series of
events representative of heavy-duty vehicle operation, which result in
hydrocarbon and/or methanol vapor losses. The test procedure is designed
to measure:
(1) Diurnal emissions resulting from daily temperature changes (as
well as relatively constant resting losses), measured by the enclosure
technique (see Sec.86.1233);
(2) Running losses resulting from a simulated trip on a chassis
dynamometer, measured by the enclosure or point-source technique (see
Sec.86.1234; this test is not required for gaseous-fueled vehicles);
and
(3) Hot soak losses, which result when the vehicle is parked and the
hot engine is turned off, measured by the enclosure technique (see Sec.
86.1238).
(c) Background concentrations are measured for all species for which
emissions measurements are made. For evaporative testing, this requires
measuring initial concentrations. (When testing methanol-fueled
vehicles, manufacturers may choose not to measure background
concentrations of methanol, and then assume that the concentrations are
zero during calculations.)
[58 FR 16052, Mar. 24, 1993, as amended at 59 FR 48523, Sept. 21, 1994;
60 FR 34363, June 30, 1995]
Sec.86.1228-85 Transmissions.
(a) All test conditions, except as noted, shall be run in a manner
representative of in-use operation, and where appropriate, according to
the
[[Page 105]]
manufacturer's recommendation to the ultimate purchaser.
(b) Except for the first idle mode, idle modes less than one minute
in length shall be run with automatic transmissions in ``Drive'' and the
wheels braked; manual transmissions shall be in gear with the clutch
disengaged, except first idle. The first idle mode and idle modes longer
than one minute in length shall be run with automatic transmissions in
``Neutral,'' and manual transmissions shall be in ``Neutral'' with the
clutch engaged (clutch may be disengaged for engine start-up).
(c) The vehicle shall be driven with minimum accelerator pedal
movement to maintain the desired operation.
(d) Accelerations shall be driven smoothly according to the
manufacturer's recommendation to the ultimate purchaser. For manual
transmissions, the operator shall accomplish each shift with minimum
time. If the vehicle cannot accelerate at the specified rate, the
vehicle shall be operated at maximum available power until the vehicle
speed reaches the value prescribed for that time in the driving
schedule.
(e) For those deceleration modes which decelerate to zero, manual
transmission clutches shall be depressed when the speed drops below 15
mph (24.1 km/hr), when engine roughness is evident, or when engine
stalling is imminent.
Sec.86.1229-85 Dynamometer load determination and fuel temperature profile.
(a) Flywheels, electrical or other means of simulating inertia shall
be used. The value of equivalent inertia weight shall be within 250
pounds of the loaded vehicle weight (LVW). Loaded vehicle weight is
defined as follows:
(1) For test vehicles which have an actual weight less than 0.5 x
(GVWR),
LVW = 0.5 x (Gross Vehicle Weight Rating)
(2) For test vehicles which have an actual weight (As tested)
greater than 0.5 x (GVWR),
LVW = Actual Weight of Test Vehicle,
(b) Power absorption unit adjustment. (1) The power absorption unit
shall be adjusted to reproduce road load power at 50 mph true speed. The
indicated road load power setting shall take into account the
dynamometer friction. The relationship between road load (absorbed)
power and indicated road load power for a particular dynamometer shall
be determined by the procedure outlined in Sec.86.1218-85 or other
suitable means.
(2) The road load power used shall be determined from the following
equation:
RLP = 0.67(H - 0.75)W = 0.00125[LVW - (N x DW)]
Where:
RLP = Road Load Power at 50 mph (horsepower).
H = Vehicle overall maximum height (feet).
W = Vehicle overall maximum width (feet).
LVW = Loaded vehicle weight (pounds).
DW = Vehicle weight supported by the dynamometer (pounds).
N = Number of dynamometer rolls supporting a tire.
or the manufacturer may determine the road load power by an alternate
procedure (including coastdown). Such alternate procedures shall exhibit
good engineering judgement and shall be subject to review upon request
by the Administrator. For vehicles which the manufacturer chooses to
certify by the optional light-duty truck certification provision (Sec.
86.082-1(b)), the evaporative emission test procedure (and standard)
will be that specified by the light-duty truck regulations.
(c) [Reserved]
(d) Fuel temperature profile--(1) General requirements. (i) To be
tested for running losses, as specified in Sec.86.1234, a vehicle must
have a fuel temperature profile. The following procedure is used to
generate the fuel temperature profile, which serves as a target for
controlling fuel temperatures during the running loss test. This profile
represents the fuel temperature change that occurs during on-road
driving. If a vehicle has more than one fuel tank, a profile shall be
established for each tank. Manufacturers may also simultaneously
generate a profile for vapor temperatures.
(ii) If a manufacturer uses a vehicle model to develop a profile to
represent multiple models, the vehicle model selected must have the
greatest expected
[[Page 106]]
fuel temperature increase during driving of all those models it
represents. Also, manufacturers must select test vehicles with any
available vehicle options that increase fuel temperatures during driving
(for example, any feature that limits underbody airflow).
(iii) Manufacturers may conduct testing to develop fuel temperature
profiles in a laboratory setting, subject to approval by the
Administrator. The laboratory facility should simulate outdoor testing
to reproduce fuel and vapor temperature behavior over the specified
driving schedule. The design of the laboratory facility should include
consideration of any parameters that may affect fuel temperatures, such
as solar loading, pavement heat, and relative wind velocities around and
underneath the test vehicle. Indoor testing to develop the fuel
temperature profiles must be conducted with little or no vehicle-
specific adjustment of laboratory parameters. Manufacturers would need
to maintain an ongoing demonstration of correlation between laboratory
and outdoor measurement of fuel temperatures. Specifically, fuel
temperatures and pressures from indoor driving should be at least as
high as measured when driving outdoors according to the procedures
described in this section.
(iv) Small-volume manufacturers, as defined in Sec.86.094-
14(b)(1), may use an alternate method for generating fuel temperature
profiles, subject to the approval of the Administrator.
(v) The Administrator may conduct testing to establish any vehicle's
temperature profiles or to verify compliance with fuel tank pressure
requirements.
(2) Vehicle instrumentation. (i) The vehicle must be equipped with
temperature sensors and pressure transducers, as described in Sec.
86.1207-96(e) and (f), and a driver's aid, which shall be configured to
provide the test driver with the desired vehicle speed vs. time trace
and the actual vehicle speed.
(ii) A computer, data logger, or strip chart data recorder shall
record the following parameters at a minimum during the test run:
(A) Desired speed;
(B) Actual speed;
(C) Instantaneous average liquid fuel temperature (Tliq);
and
(D) Vapor space pressure (the Administrator may omit measurement of
fuel tank pressure).
(iii) The data recording system described in paragraph (d)(2)(ii) of
this section shall be capable of resolving time to 1 s, capable of resolving temperature to 2 [deg]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 [deg]F, steady or increasing (no more than 2 [deg]F drop)
during the procedure. Ambient temperature shall be measured and recorded
in regular intervals of at least once every 5 minutes. Measure ambient
temperature with the following requirements (based on Federal Standard
for Siting Meteorological Sensors at Airports, FCM-S4-1987). The sensors
shall be mounted 51 feet (1.50.3 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
[[Page 107]]
requirements (based on Federal Standard for Siting Meteorological
Sensors at Airports, FCM-S4-1987). The site should be relatively level,
but small gradual slopes are acceptable. The sensor shall be mounted 30
to 33 feet (9 to 10 meters) above the average ground height within a
radius of 500 feet (150 meters). The sensor height shall not exceed 33
feet, except as necessary to be at least 15 feet (5 meters) above the
height of any obstruction (e.g. vegetation, buildings, etc.) within a
500 foot (150 meter) radius. An object is considered to be an
obstruction if the included lateral angle from the sensor to the ends of
the object is 10 degrees or more.
(iii) Road surface temperature shall be at least 125 [deg]F
throughout the driving period. Pavement temperature shall be measured
and recorded in regular intervals of at least once per minute. The track
temperature may be measured with an embedded sensor, a portable
temperature probe, or an infrared pyrometer that can provide an accuracy
of 2 [deg]F. Temperatures must be measured on a
surface representative of the surface where the vehicle is driven.
(iv) Conditions shall be sunny or mostly sunny with a maximum cloud
cover of 25 percent.
(v) Reported cloud cover, wind speed, and ambient temperature should
be consistent with that reported by the nearest weather station; the
Administrator may request justification of any discrepancy.
(4) Profile determination procedure. (i) Drain the fuel tank(s) and
fill with test fuel to the ``tank fuel volume'' defined in Sec.86.082-
2. The test fuel should meet the specifications of Sec.86.1213, except
that fuel with a lower volatility may be used, subject to Administrator
approval. Manufacturers using a lower volatility fuel must generate a
vapor temperature profile for demonstrating compliance with the limit on
fuel tank pressure during the running loss test (see Sec.86.1234-96).
(ii) The vehicle shall be moved to the location where the data is to
be collected. It may be driven a maximum distance of 5 miles and may
also be transported by other means. The vehicle shall be stabilized by
one of the following methods:
(A) The vehicle shall be parked for a minimum of 12 hours in an open
area on a surface that is representative of the test road, without any
artificial heating or cooling of the fuel. The orientation of the front
of the vehicle during parking (e.g., N, SW, etc.) shall be documented.
(B) The vehicle may be soaked in a temperature-controlled
environment to stabilize fuel temperatures. Before starting the drive,
the vehicle shall be stabilized with fuel temperatures 953 [deg]F for at least one hour. The fuel temperature may
not exceed 98 [deg]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 [deg]F.
(iv) The vehicle may be operated at minimum throttle for a period up
to 60 seconds prior to the start of the driving schedule, as necessary
to move from the parking location onto the road surface. The driver's
aid shall be started and the vehicle operated over the driving cycle
specified in Sec.86.1234-96(b) with the transmission operated in the
same manner as specified in Sec.86.128-79. The data recording system
shall provide a record of the required parameters over the entire period
of driving.
(5) Records required. In addition to the vehicle data recording, the
following parameters shall be documented for the
[[Page 108]]
determination of the fuel temperature profile:
(i) Date and time of vehicle fueling;
(ii) Odometer reading at vehicle fueling;
(iii) Date and time vehicle was parked, parking location and
orientation;
(iv) Odometer reading at parking;
(v) Date and time engine was started;
(vi) Time of initiation of the first driving cycle;
(vii) Time of completion of the driving cycle;
(viii) Ambient temperatures throughout the period of driving
(Tamb);
(ix) Wind speed throughout the period of driving;
(x) Track surface temperatures throughout the period of driving
cycle (Tsur);
(xi) Percent cloud cover during the period of driving; and
(xii) Ambient temperature, wind speed, and percent cloud cover
reported by the nearest weather station for the time corresponding most
closely to the period of driving.
(6) Fuel tank pressure. Tank pressure shall not exceed 10 inches of
water at any time during the temperature profile determination unless a
pressurized system is used and the manufacturer demonstrates that vapor
would not be vented to the atmosphere upon fuel cap removal.
(7) Calculation of temperature profiles. (i) The traces from the
driving schedule shall be verified to meet the speed tolerance
requirements of Sec.86.1215. The following conditions shall be
verified:
(A) Tamb,i = Tamb,o -2 [deg]F.
Where,
(1) i=instantaneous measurement throughout the drive; and
(2) o=initial measurement at the start of the specified driving
schedule.
(B) Tamb,o=95 [deg]F.
(C) Tsur,i-Tamb,i=30 [deg]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.
Where:
(A) Ti,profile=the series of temperatures that comprise
the relative temperature profile.
(B) Ti=the series of observed liquid fuel or vapor
temperatures during the drive.
(C) To=the liquid fuel or vapor temperature observed at
the start of the specified driving schedule.
(iv) The relative temperature profile consists of the set of
temperatures at each 1-minute interval. If temperatures are sampled more
frequently than once per minute, the temperature data points may
represent a rolling average of temperatures sampled for up to one-minute
intervals. If multiple valid test runs are conducted for any model, then
all the collected data shall be used to calculate a composite profile,
based on the average temperatures at each point. The absolute
temperature profile is determined by adding 95 [deg]F (35 [deg]C) to
each point of the relative profile. Other methodologies for developing
corrected liquid fuel and vapor space temperature profiles may be used
if demonstrated to yield equivalent results and approved in advance by
the Administrator.
(v) Manufacturers may use a lower initial fuel temperature for the
running loss test, if approved in advance by the Administrator. To
demonstrate the need for such an adjustment, manufacturers would be
expected to determine the maximum fuel temperature experienced by a
vehicle during an extended park or after driving one UDDS cycle when
exposed to the ambient conditions described in paragraph (d)(3) of this
section. To use this provision, manufacturers would have to show maximum
fuel temperatures no greater than 92 [deg]F.
[48 FR 1456, Jan. 12, 1983, as amended at 48 FR 52210, Nov. 16, 1983; 58
FR 16053, Mar. 24, 1993; 60 FR 43901, Aug. 23, 1995; 65 FR 59957, Oct.
6, 2000]
[[Page 109]]
Sec.86.1230-96 Test sequence; general requirements.
(a)(1) Gasoline- and methanol-fueled vehicles. The test sequence
shown in figure M96-1 of this section shows the steps encountered as the
test vehicle undergoes the procedures subsequently described to
determine conformity with the standards set forth. The full three-
diurnal sequence depicted in figure M96-1 tests vehicles for all sources
of evaporative emissions. The supplemental two-diurnal test sequence is
designed to verify that vehicles sufficiently purge their evaporative
canisters during the dynamometer run. Sections 86.1232-96, 86.1233-96
and 86.1238-96 describe the separate specifications of the supplemental
two-diurnal test sequence.
(2) Gaseous-fueled vehicles. The test sequence shown in figure M96-1
of this section shows the steps encountered as the test vehicle
undergoes the procedures subsequently described to determine conformity
with the standards set forth, with the exception that the fuel drain and
fill and precondition canister steps are not required for gaseous-fueled
vehicles. In addition, the supplemental two-diurnal test and the running
loss test are not required.
(b) The vehicle test for fuel spitback during fuel dispensing is
conducted as a stand-alone test (see Sec.86.1246). This test is not
required for gaseous-fueled vehicles.
(c) Ambient temperature levels encountered by the test vehicle shall
be not less than 68 [deg]F nor more than 86 [deg]F, unless otherwise
specified. If a different ambient temperature is specified for soaking
the vehicle, the soak period may be interrupted once for up to 10
minutes to transport the vehicle from one soak area to another, provided
the ambient temperature experienced by the vehicle is never below 68
[deg]F. The temperatures monitored during testing must be representative
of those experienced by the test vehicle.
(d) The vehicle shall be approximately level during all phases of
the test sequence to prevent abnormal fuel distribution.
(e) If tests are invalidated after collection of emission data from
previous test segments, the test may be repeated to collect only those
data points needed to complete emission measurements. Compliance with
emission standards may be determined by combining emission measurements
from different test runs. If any emission measurements are repeated, the
new measurements supersede previous values.
[[Page 110]]
[GRAPHIC] [TIFF OMITTED] TR23AU95.009
[58 FR 16054, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994;
60 FR 43902, Aug. 23, 1995]
[[Page 111]]
Sec.86.1231-90 Vehicle preparation.
(a) Prepare the fuel tank(s) for recording the temperature of the
prescribed test fuel at the approximate mid-volume of the fuel when the
tank is 40 percent full.
(b) Provide additional fittings and adapters, as required, to
accommodate a fuel drain at the lowest point possible in the tank(s) as
installed on the vehicle.
(c)(1) Any vapor storage device which absorbs HC vapors and/or
CH3OH vapors and subsequently releases them to the engine
induction system during vehicle operation shall be subjected to a
minimum of 30 load-purge cycles or the equivalent thereof (4,000 miles
or more of actual in-use vehicle service accumulation shall be
considered equivalent). One load-purge cycle shall be accomplished by
conducting one of the following procedures:
(i) Vehicle procedure. Park a fully-warm vehicle (a vehicle that has
been driven for at least 15 minutes) for a time period of at least 3
hours. Fill the fuel tank(s) to the prescribed ``tank fuel volume'' with
specified test fuel (Sec.86.1213) at room temperature. Then drive the
vehicle through at least one cycle of the HDV reference (transient)
urban dynamometer driving schedule.
(ii) Laboratory procedure. Flow vapors (gasoline or methanol, as
appropriate) into a pre-purged vapor storage device until at least 10
percent of the input HC or CH3OH mass flow rate is passing
through the device. Purge the device with a volume of air which is at
least as great as, and which has a temperature no higher than that which
would be drawn through the device if it were installed on the test
vehicle and the vehicle was operated according to the HDV reference
(transient) urban dynamometer driving schedule. The vapor flow rate, the
method used to generate the vapors, the air flow rate, and the air
temperature shall be recorded. If pre-blended gas is used, then the
composition and characteristics of the gas shall be recorded.
(2) Ten load-purge cycles accumulated immediately prior to testing
shall be conducted according to the method in paragraph (c)(1)(i) of
this section. The preceding 20 cycles (minimum) shall be conducted
according to either of the methods in paragraph (c)(1) (i) or (ii) of
this section.
[54 FR 14568, Apr. 11, 1989]
Sec.86.1231-96 Vehicle preparation.
(a) For gasoline- and methanol-fueled vehicles prepare the fuel
tank(s) for recording the temperature of the prescribed test fuel, as
described in Sec.86.1207-96(e).
(b) Provide additional fittings and adapters, as required, to
accommodate a fuel drain at the lowest point possible in the tank(s) as
installed on the vehicle.
(c) For preconditioning that involves loading the evaporative
emission canister(s) with butane, provide valving or other means as
necessary to allow purging and loading of the canister(s).
(d) For vehicles to be tested for running loss emissions, prepare
the fuel tank(s) for measuring and recording the temperature and
pressure of the fuel tank as specified in Sec.86.1207-96 (e) and (f).
Measurement of vapor temperature is optional during the running loss
test. If vapor temperature is not measured, fuel tank pressure need not
be measured.
(e) For vehicles to be tested for running loss emissions, prepare
the exhaust system by sealing or plugging all detectable sources of
exhaust gas leaks. The exhaust system shall be tested or inspected to
ensure that detectable exhaust hydrocarbons are not emitted into the
running loss enclosure during the running loss test.
[58 FR 16056, Mar. 24, 1993, as amended at 60 FR 43904, Aug. 23, 1995]
Sec.86.1232-96 Vehicle preconditioning.
(a) Fuel tank cap(s) of gasoline- and methanol-fueled vehicles shall
be removed during any period that the vehicle is parked outdoors
awaiting testing, to prevent unusual loading of the canisters. During
this time care must be taken to prevent entry of water or other
contaminants into the fuel tank. During storage in the test area while
awaiting testing, the fuel tank cap(s) may be in place. The vehicle
shall be moved into the test area and the following operations
performed.
(b)(1) Gasoline- and methanol-fueled vehicles. Drain the fuel
tank(s) and fill
[[Page 112]]
with test fuel, as specified in Sec.86.1213, to the ``tank fuel
volume'' defined in Sec.86.082-2. The fuel cap(s) shall be installed
within one minute after refueling.
(2) Gaseous-fueled vehicles. Vehicle fuel tanks are to be filled
with fuel that meets the specifications in Sec.86.113. Fuel tanks
shall be filled to a minimum of 75% of service pressure for natural gas-
fueled vehicles or a minimum of 75% of available fill volume for
liquefied petroleum gas-fueled vehicles. Prior draining of the fuel
tanks is not called for if the fuel in the tanks already meets the
specifications in Sec.86.113.
(c) Gasoline- and methanol-fueled vehicles shall be soaked for at
least 6 hours after being refueled. Gaseous-fueled vehicles shall be
soaked for at least 1 hour after being refueled. Following this soak
period, the test vehicle shall be placed, either by being driven or
pushed, on a dynamometer and operated through one driving schedule,
specified in Sec.86.1215 and appendix I of this part. Once a test
vehicle has completed the refueling and vehicle soak steps specified in
paragraphs (b) and (c) of this section, these steps may be omitted in
subsequent testing with the same vehicle and the same fuel
specifications, provided the vehicle remains under laboratory ambient
temperature conditions for at least 6 hours before starting the next
test. In such cases, each subsequent test shall begin with the
preconditioning drive specified in this paragraph. The test vehicle may
not be used to set dynamometer horsepower.
(d) [Reserved]
(e) The Administrator may choose to conduct additional
preconditioning to ensure that the evaporative emissions control system
is stabilized. The additional preconditioning shall consist of an
initial one hour minimum soak and one, two or three driving cycles of
the dynamometer driving schedule, as described in paragraph (c) of this
section, each followed by a soak of at least one hour with engine off,
engine compartment cover closed and cooling fan off. The vehicle may be
driven off the dynamometer for the soak period that follows each driving
cycle.
(f)(1) Gasoline- and methanol-fueled vehicles. After completion of
the preconditioning drive, the vehicle shall be driven off the
dynamometer. The vehicle's fuel tank(s) shall be drained and then filled
with test fuel, as specified in Sec.86.1213, to the ``tank fuel
volume'' defined in Sec.86.082-2. The vehicle shall be refueled within
1 hour after completion of the preconditioning drive. The fuel cap(s)
shall be installed within 1 minute after refueling. The vehicle shall be
parked within five minutes after refueling.
(2) Gaseous-fueled vehicles. After completion of the preconditioning
drive, the vehicle shall be driven off the dynamometer. Vehicle fuel
tanks shall be refilled with fuel that meets the specifications in Sec.
86.1213. Fuel tanks shall be filled to a minimum of 75% of service
pressure for natural gas-fueled vehicles or a minimum of 75% of
available fill volume for liquefied petroleum gas-fueled vehicles. Prior
draining of the fuel tanks is not called for if the fuel in the tanks
already meets the specifications in Sec.86.1213. The vehicle shall be
parked within five minutes after refueling, or, in the absence of
refueling, within five minutes after completion of the preconditioning
drive.
(g) The vehicle shall be soaked for not less than 12 hours nor more
than 36 hours between the end of the refueling event and the beginning
of the cold start exhaust emission test.
(h) During the soak period for the three-diurnal test sequence
described in Sec.86.1230-96, evaporative canisters, if the vehicle is
so equipped, shall be preconditioned according to the following
procedure. For vehicles with multiple canisters in a series
configuration, the set of canisters must be preconditioned as a unit.
For vehicles with multiple canisters in a parallel configuration, each
canister must be preconditioned separately. If production evaporative
canisters are equipped with a functional service port designed for vapor
load or purge steps, the service port shall be used during testing to
precondition the canister. In addition, for model year 1998 and later
vehicles equipped with refueling canisters, these canisters shall be
preconditioned for the three-diurnal test sequence according to the
procedure in paragraph
[[Page 113]]
(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 5025 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 152 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
Sec.86.1230-96, one of the following methods shall be used to
precondition evaporative canisters during the soak period specified in
paragraph (g) of this section. For vehicles with multiple canisters in a
series configuration, the set of canisters must be preconditioned as a
unit. For vehicles with multiple canisters in a parallel configuration,
each canister must be preconditioned separately. In addition, for model
year 1998 and later vehicles equipped with refueling canisters, these
canisters shall be preconditioned for the supplemental two-diurnal test
sequence according to the procedure in paragraph (j)(1) of this section.
Canister emissions are measured to determine breakthrough.
[[Page 114]]
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 Sec.86.1213, to the ``tank fuel
volume'' defined in Sec.86.082-2. The average temperature of the
dispensed fuel shall be 6012 [deg]F (167 [deg]C). The fuel tank cap(s) shall be installed
within 1 minute after refueling.
(v) Within one hour of being refueled, the vehicle shall be placed,
with the engine shut off, in the evaporative emission enclosure. The
fuel tank temperature sensor shall be connected to
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the temperature recording system. A heat source, specified in Sec.
86.1207-90(d), shall be properly positioned with respect to the fuel
tank(s) and connected to the temperature controller.
(vi) The temperature recording system shall be started.
(vii) The fuel may be artificially heated to the starting diurnal
temperature.
(viii) When the fuel temperature reaches at least 69 [deg]F (21
[deg]C), immediately turn off purge blower (if not already off); close
and seal enclosure doors; and initiate measurement of the hydrocarbon
level in the enclosure.
(ix) When the fuel temperature reaches 722
[deg]F (221 [deg]C), start the diurnal heat build.
(x) The fuel shall be heated in such a way that its temperature
change conforms to the following function to within 4 [deg]F (3 [deg]C):
F= To+0.4t; or
for SI units,
C=To+(2/9)t.
Where,
F=fuel temperature, [deg]F;
C=fuel temperature, [deg]C;
t=time since beginning of test, minutes; and
To=initial temperature in [deg]F ([deg]C for SI units).
(xi) As soon as breakthrough occurs or when the fuel temperature
reaches 96 [deg]F (36 [deg]C), whichever occurs first, the heat source
shall be turned off, the enclosure doors shall be unsealed and opened,
and the vehicle fuel tank cap(s) shall be removed. If breakthrough has
not occurred by the time the fuel temperature reaches 96 [deg]F (36
[deg]C), the heat source shall be removed from the vehicle, the vehicle
shall be removed (with engine still off) from the evaporative emission
enclosure and the entire procedure outlined in paragraph (j)(2) of this
section shall be repeated until breakthrough occurs.
(xii) After breakthrough occurs, the fuel tank(s) of the prepared
vehicle shall be drained and filled with test fuel, as specified in
Sec.86.1213, to the ``tank fuel volume'' defined in Sec.86.082-2.
The fuel shall be stabilized to a temperature within 3 [deg]F of the lab
ambient before beginning the driving cycle for the dynamometer run.
(k) The Administrator may conduct the vehicle preparation and
preconditioning for measurement of fuel economy or exhaust emissions
according to the procedures specified in Sec. Sec.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 Sec. Sec.86.1235 through 86.1237. Vehicles to
be tested for evaporative emissions shall be processed in accordance
with the procedures in Sec. Sec.86.1233 through 86.1238, starting with
Sec.86.1235.
(m) Vehicles to be tested for evaporative emissions with the
supplemental two-diurnal test sequence described in Sec.86.1230-96,
shall proceed according to Sec. Sec.86.1235 through 86.1237, followed
by the supplemental hot soak test (see Sec.86.1238-96(k)) and the
supplemental diurnal emission test (see Sec.86.1233-96(p)).
(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 Sec. Sec.
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.
[58 FR 16056, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994;
60 FR 43904, Aug. 23, 1995; 65 FR 59958, Oct. 6, 2000; 70 FR 72928, Dec.
8, 2005]
Sec.86.1233-96 Diurnal emission test.
(a)(1) The diurnal emission test for gasoline-, methanol- and
gaseous-fueled vehicles consists of three 24-hour test cycles following
the hot soak test. Emissions are measured for each 24-hour cycle, with
the highest emission level used to determine compliance
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with the standards specified in subpart A of this part. The
Administrator may truncate a test after any 24-hour cycle without
affecting the validity of the collected data. Sampling of emissions from
the running loss and hot soak tests is not required as preparation for
the diurnal emission test. The diurnal emission test may be conducted as
part of either the three-diurnal test sequence or the supplemental two-
diurnal test sequence, as described in Sec.86.1230-96.
(2) For the full three-diurnal test sequence, the diurnal emission
test outlined in paragraphs (b) through (o) of this section follows the
high-temperature hot soak test concluded in Sec.86.1238-96(j).
(3) For the supplemental two-diurnal test sequence, the diurnal
emission test outlined in paragraph (p) of this section follows the
alternate hot soak test specified in Sec.86.1238-96(k). This test is
not required for gaseous-fueled vehicles.
(b) The test vehicle shall be soaked for not less than 6 hours nor
more than 36 hours between the end of the hot soak test and the start of
the diurnal emission test. For at least the last 6 hours of this period,
the vehicle shall be soaked at 723 [deg]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 Sec.86.1233 and appendix II of
this part.
(1) Temperatures measured with the underbody temperature sensor
shall follow the profile with a maximum deviation of 3 [deg]F at any
time and an average temperature deviation not to exceed 2 [deg]F, where
the average deviation is calculated using the absolute value of each
measured deviation. In addition, the temperature from the sidewall
temperature sensors shall follow the profile with a maximum deviation of
5 [deg]F at any time.
(2) Ambient temperatures shall be measured at least every minute.
Temperature cycling shall begin when time=0 minutes, as specified in
paragraph (i)(5) of this section.
(d) The diurnal enclosure shall be purged for several minutes prior
to the test. Warning: If at any time the concentration of hydrocarbons,
of methanol or of methanol and hydrocarbons exceeds 15,000 ppm C the
enclosure should be immediately purged. This concentration provides at
least a 4:1 safety factor against the lean flammability limit.
(e) The test vehicle, with the engine shut off and the test vehicle
windows and luggage compartment(s) opened, shall be moved into the
diurnal enclosure.
(f)-(g) [Reserved]
(h) Prior to sampling for emissions and throughout the period of
cycled ambient temperatures, the mixing fan(s) shall circulate the air
at a rate of 0.80.2 cfm per cubic foot of ambient
volume. The mixing fan(s), plus any additional fans if needed, shall
also maintain a minimum wind speed of 5 mph (8 km/hr) under the fuel
tank of the test vehicle. The Administrator may adjust fan speed and
location to ensure sufficient air circulation around the fuel tank. The
wind speed requirement may be satisfied by consistently using a fan
configuration that has been demonstrated to maintain a broad 5-mph air
flow in the vicinity of the vehicle's fuel tank, subject to verification
by the Administrator.
(i) Emission sampling may begin as follows:
(1) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned immediately prior to the sampling.
(2) Impingers charged with known volumes of pure deionized water
shall be placed in the methanol sampling system (methanol-fueled
vehicles only).
(3) Turn off purge blowers (if not already off).
(4) Close and seal enclosure doors (if not already closed and
sealed).
(5) Within 10 minutes of closing and sealing the doors, analyze
enclosure atmosphere for hydrocarbons and record. This is the initial
(time=0 minutes) hydrocarbon concentration, CHCi, required in
Sec.86.1243. Hydrocarbon emissions may be sampled continuously during
the test period.
(6) Analyze the enclosure atmosphere for methanol, if applicable,
and record.
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The methanol sampling must start simultaneously with the initiation of
the hydrocarbon analysis and continue for 4.00.5
minutes. This is the initial methanol concentration,
CCH3OHi, required in Sec.86.1243. Record the
time elapsed during this analysis. If the 4-minute sample period is
inadequate to collect a sample of sufficient concentration to allow
accurate GC analysis, rapidly collect the methanol sample in a bag and
then bubble the bag sample through the impingers at the specified flow
rate. The time elapsed between collection of the bag sample and flow
through the impingers should be minimized to prevent any losses. If the
test is conducted in a fixed-volume enclosure that allows airflow into
and out of the enclosure, the effect of makeup air dilution must be
factored into the analysis.
(j) If testing indicates that a vehicle design may result in fuel
temperature responses during enclosure testing that are not
representative of in-use summertime conditions, the Administrator may
adjust air circulation and temperature during the test as needed to
ensure that the test sufficiently duplicates the vehicle's in-use
experience.
(k) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned 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 14406, 28806,
43206 minutes, respectively, after the beginning
of the initial sampling, as specified in paragraph (i)(5) of this
section.
(1) At the end of each emission sampling period, analyze the
enclosure atmosphere for hydrocarbons and record. This is the final
hydrocarbon concentration, C